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Used car salesmen tend to get a bad rap, but this sticky deal has got us scratching our head. What do you do when the dealer gives you a full refund, but won't take the car back?

New Zealand's weekly whinge. Consumer affairs that blends investigative journalism and good advice to ensure Kiwis get a fair go.

Primary Title
  • Fair Go
Date Broadcast
  • Monday 23 April 2018
Start Time
  • 19 : 30
Finish Time
  • 20 : 00
Duration
  • 30:00
Series
  • 2018
Episode
  • 8
Channel
  • TVNZ 1
Broadcaster
  • Television New Zealand
Programme Description
  • New Zealand's weekly whinge. Consumer affairs that blends investigative journalism and good advice to ensure Kiwis get a fair go.
Episode Description
  • Used car salesmen tend to get a bad rap, but this sticky deal has got us scratching our head. What do you do when the dealer gives you a full refund, but won't take the car back?
Classification
  • Not Classified
Owning Collection
  • Chapman Archive
Broadcast Platform
  • Television
Languages
  • English
Captioning Languages
  • English
Captions
Live Broadcast
  • Yes
Rights Statement
  • Made for the University of Auckland's educational use as permitted by the Screenrights Licensing Agreement.
Tonight ` a very sticky problem. She bought a car with a serious safety fault. It's scary. It's very scary. They gave her a refund, so why won't they take the car back? I just want someone to take the car and the keys. I feel like I've been held hostage. And Anzac Day outrage. We have a problem. It horrifies me a wee bit. Is it OK for businesses to cash in on Anzac Day? READS: 'Open today at all three stores.' Oh my goodness. (LAUGHS) I find it a little distasteful. It goes against everything that Anzac Day should be about. Plus ` when Google Maps go bad. Paul, how are you? Hadyn takes a road to nowhere. So, just between you and me, do people drive down here thinking it's a road? Some do, yes. Well, it's actually more of a paddock to nowhere. This is most peculiar. Kia ora. Welcome to the show. Ask most people if they'd trust a used car salesman, and you're likely to get a big fat no. But the truth is, you're far safer buying from a registered dealer than you are a private seller. Although, every industry has its bad apples, who seem to specialise in rotten deals. Here's Anna. If you're in the market for a car, then this car, well, it probably isn't for you, because this is a car that nobody wants ` not the salesman who sold it... Hi, Paul. We have the Mazda back for you, which we're hoping you might want to take off our hands. ...and especially not the customer who bought it. I feel like I've been held hostage, because I'm left with a car that I can't drive, that I don't feel safe driving, and they've got my money. Becky Mildren is an extremely safety conscious driver, and with good reason ` in 2017 she had a serious car crash. I wrote off my car and the car in front of me. Nobody was hurt, which is such a blessing, because that would've been horrendous, but, yeah, pretty scary. So in August last year, she went shopping for a new car, and it had to be something she felt safe driving. Quite cosy, though, isn't it? She chose this, a 2009 Mazda Axela from Spot One Cars in Auckland. It had safety features, it had airbags, it had a five-star safety rating, it was white, it had tethering bolts and Isofix for car seats. You know, it was future-proofing. For me, like, it was a lot of money to spend on a vehicle. The salesman, Paul Tweedie, seemed nice and reassuring. I did trust him. He seemed really honest and open, and he seemed to... to understand my concerns and... and that I was worried about driving another vehicle after the accident. Becky did notice a funny smell. Paul said to me. 'No, that's just an odour from a fragrance that they use when they import the cars.' been owned by a smoker. There's actually a cigarette burn. I believed it, yeah. Silly me. (LAUGHS) And she wondered why the dashboard was a bit sticky. It's quite sticky. It is quite sticky. It's quite gross, isn't it? But Becky says she was told it was nothing to worry about. That it was a pre-purchase wax coating, um, and, you know, it was easily removed, so I thought nothing of it. Reassured, Becky paid up 10.5 grand, plus a bit more for an extra key, reversing camera and stereo. Spot One said there was one repair needed ` the fuel-saving feature was broken, but after several weeks back and forth, it still hadn't been fixed. I really struggled to get a response from them. As soon as I'd handed over the money, it was like, you know, why bother communicating? And one day, Becky discovered a serious, dangerous fault that meant she hasn't driven the car since. When sunlight directly hits the dash where the perished vinyl is, it reflects on to the windscreen, and it causes an obstruction of my vision, basically, right where I'm trying to see. So how did you feel the first time that happened? It's scary. It's very scary. Becky took photos and took a case to the Motor Vehicle Disputes Tribunal. It did cause panic attacks, yeah, to the point where, you know, you need to pull over because you don't feel like you're in control, and you need to pull yourself together before you can continue driving. It's caused by perished vinyl on the dash, not by a wax coating, like Becky had been told. Thousands of drivers across the country have complained about. Melting dashboards is a sticky safety issue. Sticky safety hazard that was once their dashboard. The fault is a well-known one. In the US, more than 300,000 Mazda owners have been offered new dashboards because of safety concerns. and the MVDT here agreed the glare was dangerous, ordering Spot One to refund Becky in full within 10 working days. But a month later, she was yet to see any money. He has been incredibly hard to track down. He told me that they were liquidating the company, so if I did get a lawyer involved to have my money collected from them, that I would, basically, have to get in line. Now, at this point, Becky was starting to get a bit frustrated, because the car yard wasn't put into liquidation, but the refund just never appeared. been a seven-month battle, and I'm exhausted. Nobody should have to fight this hard for their rights. Paul owns Spot One Cars with his mum, Tina. Together, they've owned seven different companies, registered eight different times as car dealers and appeared in front of the MVDT in 19 different cases. They've been made to refund or repair in 14 of those 19 cases. But I'm overseas at the moment. I can hardly even hear you. OK. It's just your phone? Can you call me back on Monday? I'll be available then. Sure. No worries. OK? OK. Bye. Bye. We did call Paul back, but he didn't answer. Hi. I'm not available right now. Please leave a message. We didn't just wanna talk to Paul about Becky's case; we also wanted to talk to him about all these other cases too, because Fair Go's aware that on at least one other occasion, Spot One has failed to refund a customer within the time frame ordered. The law says that any car dealer who fails to comply with two or more orders in a 10-year period can be struck off from the Motor Vehicle Traders Register. But how does that information get from the court to the register? We monitor decisions as they're published by the Ministry of Justice. So, our responsibility is to maintain that register, and we can only act when we are provided with sufficient information to remove people from that register. Problem is, the Ministry of Justice doesn't tell the Motor Vehicle Trader's Register when a car dealer hasn't complied with an order. That's on the plaintiff ` in this case, Becky. It seems there's no formal system for ensuring car dealers are sticking to the law. Do you see any issues with the way the system works at the moment? I can't comment on that. I'm sorry. There's no comment you'd like to make about the way the system works at the moment? The system is set down in legislation, so we have no control on that whatsoever. The Tweedies were also advertising their services under an expired dealer registration, until we pointed that out. But after sending the company a few emails, something did happen ` Becky got her refund. Only problem is she still had the car, a car she just didn't want. Now it was on Spot One to collect the car, but they wouldn't talk to us, so we did them a favour and had the car delivered. But it seemed no one wanted to take the keys off us. OK. So we rang Paul. Hi. I'm not available right now. Please leave a message. Then we rang Paul's lawyer. Oh, Andrew, hello. It's Anna Burns-Francis here from Fair Go. Confusingly, he'd just applied for a warrant to seize the vehicle. I hope we're not at cross purposes here. I'm at Spot One with the car. I just want someone to take the car and the keys. Oh, I don't know anything about that. All I know is that we filed the application this morning. The car literally is right in the driveway right now. Oh. And then someone did come and get the keys, but... It can't stay in Becky's name. Obviously, she's handed it over, so I just need Spot One to assure us that they're gonna take the ownership over of the car. Can you go and double-check with them? Great. Thank you. So we wait... and wait,... and then... Paul Tweedie has just sent us a text message confirming he will take over the registration of the Mazda, which is great. Hopefully, someone comes out soon and they take the keys off our hands. 25 minutes later... Wonderful. Oh, that's great. Thank you very much. And we were finally able to hand the car over to Spot One. All done! Happy ending. Well done, Anna. Good job. Yes. As you saw in Anna's story, sticky and gooey dashboards are a serious problem. Toyota, Mazda and Nissan have been the subject of a class action in the United States, and there's good cause for Kiwi motorists to also be concerned. We're gonna have more on this next week. We will. Coming up after the break ` is it right for Kiwi businesses to cash in on Anzac Day? We have a problem. It horrifies me a wee bit. Are we guilty of commercialising a day of remembrance? READS: 'We are open today at all three stores.' Oh my goodness. (LAUGHS) Anzac Day outrage. They're not remembering the wonderful people that died. Plus ` he's dedicated to saving kiwi. Dylan's my kiwi dog. But a tourist driver nearly took them out. I thought it was all over. Now a Good Samaritan has come to the rescue. (NEON BUZZES) Welcome Back. Anzac Day is a very special day for all New Zealanders ` it's a day to remember those who made the ultimate sacrifice. Section 17 of the Flags, Emblems and Names Protection Act prohibits the use of the word 'Anzac' in trade or business. But is that law being strictly adhered to? Here's our new reporter, Gill Higgins. ('LAST POST') Anzac Day ` the one day of the year set aside to remember,... both the bravery of men still alive... The window had been shattered, and there was blood coming off my face. The target was coming up, so I kept on going, and bombs away. ...and the sacrifice of those who died. My best friends pre-war, Ray, he was in the air force, got killed. Frank got killed also. Oh, that's hard. What does Anzac Day mean to you? Anzac means a lot. I think of all the chaps that love to know now, I'd love to be friends for life. They were great chaps, all young. Marvellous soldiers, service people. They deserve to be remembered. But once the dawn services come to a close, the shops start to open, and that's brought about a change. Many of us show our respect with a simple poppy, just a poppy ` not a poppy with a message on, because that would be pretty weird, wouldn't it? Yet that's what some companies are doing, lest we forget about them. We showed three examples from Instagram posts and get a mixed response. READS: Open today at all three stores today #lestweforget. I find it a little distasteful, to be honest with you. It seems a bit trite. READS: 'It's impossible to truly understand their courage and sacrifice, but we can at least try. 'We are open today.' Oh my goodness. (BOTH LAUGH) Actually, some people like this one. No, that's really good. But do you think really they're just trying to tell you that they're open today? I mean, when you read something like this, someone's put enough thought into it to write it out. Whereas this one... READS: Another public holiday means more instant photo opportunities. #anzacday It's a respect thing. You go to the dawn parade, and, you know, it's pretty emotional. And to sort of turn into blatant consumerism seems a bit wrong. For a promotional and retail purpose, which goes against everything that Anzac Day should be about. Still, it's not offensive to everyone. Yeah, I think that it's very good. Yeah, I think the recognition should be there. But while these posts are unlikely to breach the law, most think they do breach good taste, so imagine how they leave these men feeling. We have a problem. It horrifies me a wee bit. It's using the name to make money. Stupid. Can't see the point. They're using the words Anzac in the wrong way. They're not remembering the wonderful people that died, and they were wonderful. So this Wednesday, if you see shops trying to cash in on Anzac Day and you don't like it, don't 'like' it. Hmm. This is an interesting debate. Do you think part of the problem is businesses are sending things out pretty much daily on social media now, and perhaps because of that, they lose a little bit of perspective? We've all lost a bit of perspective. Who needs to go shopping on Anzac Day? Just stay at home with the family, turn on the TV, a bit of Fair Go and reruns ` that's what you need. All right. Time to tip our hat to the wonderful generosity of New Zealanders. Last week we told you Paul Gasson's story ` he's the kiwi conservationist who was taken out by a tourist driver. The crash left Paul thousands of dollars out of pocket, but a generous benefactor has come to his aid. Here's Garth. Dillon. Paul Gasson and his dog, Dillon, can take most things in their stride, but financially and emotionally, it's all been a bit uphill lately, until his story touched your hearts. There are people out there who really have, um, a generous spirit. He touched one heart especially. One of them saw the show and responded in the way that was right for her, so it's awesome. We'll get to that. First, a bit about Paul and Dillon. Dillon's my kiwi dog, so he's a conservation dog, chosen and trained to indicate protected species. They work on the West Coast, where, over summer, Paul and Dillon were hit head-on by a tourist driving a rental campervan. I thought it was all over. Everyone walked away, but the vehicles were write-offs. Police ticketed the driver for failing to keep left. He's now left the country, left the bills unpaid, and when we left messages, he didn't answer. I'm not a happy camper. (LAUGHS) No way. When Paul tried to chase up Happy Campers, initially, it denied any responsibility. Happy Campers has now admitted it does have a direct liability in these cases and says it will act more quickly in future. Good boy. It settled with Paul for $3350 ` less than half the $7000 Paul reckons it all cost him. Now a Fair Go fairy godmother has come to his aid. I got a phone call after the show the other night, and it was from a lady in Auckland who, she'd seen the show, and obviously, felt some sorta connection or support for what I was doing, and she offered to make up the difference in what I was out of pocket after the little bit I got from Happy Campers. That's well over $3000 she gave Paul from the goodness of her heart. So I accepted that gratefully, and it's quite... it's quite humbling, actually, to... to find that there are people out there who just have that much generosity. There's more good news. They're not just helping kiwi ` Paul and Dillon work with Forest & Bird to track and protect titi in the Catlins. He'll be back there in spring, and his benefactor may also chip in to help with that work. When they wanna back what you're doing, it's a real shot in the arm, you know, it's real heartening, just helps to let me know that I'm on the right course, doing the right thing. Some bad business has revealed some very good nature in Kiwis. Can I speak on your behalf? Can I just say you guys at home are really, really generous. Like, you'd struggle to get a coffee out of us, but you guys ` amazing generosity, and we say thank you. Awesome. Feel very warm and fuzzy after that story. Yeah. All right. Coming up after the break ` Google Maps gets us lost on a road that should be less travelled. Ooh. Ooh, hold on. Sorry I think I've broken something. That's a bloody big screwdriver. Hado hitches a ride and discovers blind faith in Google Maps isn't always a good thing. Beautiful country; totally lost. According to Google Maps, this is Dunstan Trail? Yes. But it's your driveway. That's dead right. This is most peculiar. Welcome back. We live in a world of instant gratification. Nobody seems to have time to wait any more. Good old-fashioned patience has become a thing of the past. But is that a good thing or bad thing? Is our 'pay now, worry later' approach to life cool or creepy? (LAID-BACK MUSIC) New Zealanders spend tens of billions of dollars on our credit cards each year. We have a love affair with our plastic. That's why for some, Paywave has revolutionised the art of shopping. But is everyone on board? This week, we want to know... Paywave ` cool or creepy? Paywave ` cool! (LAUGHS) Cool! Yes, love it. Cool. Nice and easy, do it all the time. Cool. Use it a lot. Troubling, for me. (CHUCKLES) Oh, that's cool. Oh, yeah, Paywave. It's the coolest thing. Boom ` gone. I would say it's a cool thing. Like, sometimes you don't have to carry your cards and everything. But sometimes it's like some of the shops, they say, like, 'We don't accept Paywave,' so then you're, like, 'Oh, sorry, I have to look for another shop.' Paywave is so good! So good. When there's no Paywave, it's a pain. I don't know. Paywave, really? Oh, I love it, love it! Well, if you love it, I love it. We're a team. Go, team. Yes. Now, look, the Internet has changed our lives forever. For instance, when was the last time you used an encyclopaedia, stuck a photo in an album or unfolded a map? We've all become GPS dependent, but relying on Google Maps can sometimes lead you down a road to nowhere. THE HOLLIES: # The road is long... # The road is long to Paul O'Malley's place, interesting too. It's not State Highway 1. There's water features,... congestion ` cow congestion ` and some awfully big skies. Paul, how are you? Paul O'Malley says he's got something he wants to show us... Ooh. Ooh, hold on. Sorry. I think I've broken something. ...once I've finished getting in his truck. That's a bloody big screwdriver. Welcome to the start of Paul O'Malley's road to nowhere. It all begins at his letter box. According to Google Maps, this is Dunstan Trail? Yes. But it's your driveway? That's dead right, and it's private property. And this is your house? That's my house, yep. Oh, we've hit some traffic. According to Google Maps, Dunstan Rd or Dunstan Trail, as it's known, a public road, goes right down Paul's driveway, past his house. So, according to Google, also goes past your sheds. That's right. Past your yards? Yes. That's a bit interesting. It's very annoying, very dangerous. Oh, she's a nice view. Yep. Then it takes a right and keeps on going... So, this is right in the middle of your farm? That's right. ...uphill,... There's your Dunstan Trail there. Up there? I've gotta say, she's not much of a road now. ...downhill. No. It gets worse. (CHUCKLES) Google Maps has plotted a road right through his farm. So, just between you and me, do people drive down here thinking it's a road? Some do, yes. Not lots, but enough just to be annoying. Paul's had cars, camper vans, even... A house bus has come in. (LAUGHS) You wouldn't wanna do this in your Toyota Corolla. You wouldn't wanna do it in a house bus. (LAUGHS) Whoa. 3km later, we're at the other end of Paul's farm. Now, we've reached a bit of a problem here. Yeah. Paul's not sure if anyone's made it this far down his road to nowhere,... I feel like we've come to kind of the end of the road, as they say. Well, we have, but not according to Google. ...but he's confident no one's got over his fence and on to the real road. That's the Dunstan Trail? That's the Dunstan Trail. That's actually a road? The real Dunstan Trail is supposed to run past his farm and not through it. This is most peculiar. Paul has tried to help himself ` several times he emailed Google. They didn't fix it, and several emails later ` nothing, absolutely nothing. Paul's tried being nice. READS: This poses a large health and safety risk for us where it is shown at the moment. READS: Could it be corrected ASAP, please? Then grumpy. READS: I'm getting very annoyed at your lack of action on this matter. READS: 'If there are any problems resulting from the misinformation, 'i.e. health and safety or criminal activity on my farm, because of this, you will be liable.' That didn't work. Yeah, I got sick of it, Haydn. Tried being nice, tried being grumpy ` I just didn't know where else to go. What Paul O'Malley really needs is a contact at Google, and it just so happens that I know a guy. I'll go get him. So that person could be me and how I know the guy at Google, well, it's a bit of a complicated story. My contact at Google is my 4-year-old daughter, Perry. She doesn't even know what Google is. What she does know is at the end of our street lives her friend Eloise. What are you doing? Eloise's dad, also called Hayden, is the one we're really after. Yeah, well, I know someone at Google. Bingo. Yeah. BOTH: Hikuai. We're at Hikuai. According to Google Maps, we're in Duck Creek. Last year, after several emails, we got Hikuai renamed after Google had incorrectly called it Duck Creek. Where are we? Oh, Duck Creek. It's obvious (!) (LAUGHTER) No, definitely not. The locals were pleased. Bloody marvellous. So my mate Hayden got in touch with his mate at Google, and voila! When Paul O'Malley turned on his computer recently, he got a bit of a surprise. It may have changed. Bingo. (LAUGHS) Dunstan Trail now goes around Paul's farm, not through it. That's very good news, that. After two years of emailing, Paul's happy and bemused. Why couldn't they do that for me? Oh, the hassle. He says he can go back to farming in peace, knowing his land is not a road,... It's a beautiful country, and we love sharing it with people, but just on our terms. ...although he's more than happy for you to admire his office view ` from afar. Wow. Pretty amazing. You're amazing. You're responsible for a line on a map! Keep talking. I could listen to this all day. Right. Along with fixing the road to nowhere, Google told us, 'We encourage users who see an error or a missing place on Google Maps to use the 'report a problem' tool,' and we have that took on our Facebook page right now. We do. So, that is the show, but we are always here to help. Our programme is all about you, so if you've got a wrong you want made right or you feel like you're not getting a fair go, drop us a line. Remember, no problem is too small. No. We're on Facebook, or you can email us ` fairgo@tvnz.co.nz or write to us ` Private Bag 92038 Auckland 1142.