You bought a car. Within weeks, the engine, transmission, gearbox, electronics or another major component failed. The dealer says it’s “not their problem now”. They’re wrong.
Under the Australian Consumer Law (ACL) — Schedule 2 of the Competition and Consumer Act 2010 — every vehicle sold by a dealer comes with a non-excludable consumer guarantee that it is of acceptable quality. A car with a major defect that wasn’t disclosed at sale almost always breaches that guarantee. The remedy depends on whether it’s a major failure or a minor one.
What counts as a “major failure”
- You wouldn’t have bought the car had you known about the defect
- The car is significantly different from how it was described
- The car is unsafe to drive
- The defect can’t be fixed within a reasonable time, or can’t be fixed at all
If any of those apply, the ACL gives you the right to choose the remedy: a full refund, a replacement vehicle, or compensation for the difference in value. The dealer doesn’t get to pick.
Why a polite email rarely works
Dealers know most consumers won’t escalate. They count on the friction. A direct email or phone call from you usually produces an offer of a “goodwill repair” — at your cost or theirs, but never the refund the law actually entitles you to.
A formal Letter of Demand changes the conversation. It cites the specific ACL provisions, identifies the major failure, names the remedy you’re claiming, and sets a deadline. Dealers respond to letters that look like they came from a lawyer because they know the next step is your state’s civil tribunal — and tribunal decisions go on record.
What Claim Done’s Letter of Demand covers
- The vehicle (make, model, VIN, purchase date, price)
- The specific defects and when they appeared
- Citation of the Australian Consumer Law sections breached
- The remedy you’re entitled to and why
- A clear deadline (typically 14 days)
- The escalation path: your state’s tribunal (NCAT, QCAT, VCAT, SAT, SACAT, ACAT, NTCAT) or the Magistrates Court
- Sent on professional letterhead
The flat fee
A solicitor charges $400–$1,500 to draft the same letter. Claim Done charges $79. The wizard takes about ten minutes. The letter is drafted, formatted, and sent to the dealer on your behalf.
Most dealers fold within a week. The ones that don’t get a Final Demand ($79), and after that, a tribunal application ($79 plus your state’s filing fee). Every step keeps the same paper trail.