Sold a lemon by a car
dealer?
Car owners in Thailand now have legal
recourse
By Jon Fernquest 
Without trust business simply grinds to a
halt. Some kinds of businesses, such as used car dealers are notorious for routinely cheating their customers.
Thailand's new consumer protection laws, by protecting consumers from cheats, help keep the wheels of commerce turning.
Part three of a six part series:
0.
The passage of the new consumer
protection law [link]
1. Problems with the new consumer protection law [link]
2. Medical malpractice [link]
3. Defective cars [this article]
4. Deceptive fitness center contracts [link]
1. Problems with the new consumer protection law [link]
2. Medical malpractice [link]
3. Defective cars [this article]
4. Deceptive fitness center contracts [link]
(See photo on right of typical shady used car dealer trying to sell someone a lemon)
Here is the article:
BUYER BEWARE
Driven crazy by shonky car deal
New consumer act gives hope to glum buyer.By Surasak Glahan
4/03/2009
Car purchase nightmare
When Pimpan Weeravit bought a 3.8 million baht car almost two years ago she had no idea it would be riddled with life-threatening faults that could lead to her being arrested."Buying this car has been a painful experience," the 43-year-old businesswoman said. "I have spent lots of time and energy dealing with it."
In the first week, several malfunctions emerged including a faulty cruise control, steering problems and poor brakes.
To make matters worse, the "premium" after-sales service - which was meant to include around-the-clock help - was never delivered.
After paying 1.7 million baht as a downpayment, Ms Pimpan tried to return the car to have it replaced or get her money back. But the dealer wanted her to pay a further 1.2 million baht and terminate the contract.
She refused.
a lemon - something
you buy that does not work properly (like a used car)
a defect, a fault - some part that is not perfect and up to standard
defective (adjective) - has defects
deceptive - not telling the truth
a car dealer - a small company that sells cars
shady - dishonest or illegal
a used car dealer - a company or person who sells old cars (have a bad reputation for not being trustworthy)
trust - when people have confidence in each other (so they can work together effectively)
trustworthy (adjective) - a person or organisation you can trust
legal recourse - using the law and courts to solve a problem (solving problems outside courts is better)
grinds to a halt - comes to a sudden stop
notorious - famous in a bad sort of way
routinely - done as a normal part of the job or process
cheat - gain or get something from someone by lieing and being dishonest to them
cheats (noun) - people who cheat and lie to gain money from them
the wheels of commerce - the image of the economy as a machine with wheels that must be kept in motion
medical malpractice - when a doctor injures a patient through a careless mistake, violation of medical standards (See Wikipedia) การปฏิบัติหน้าที่ด้วยความบกพร่อง
shonky - seems to mean "bad," a word invented by the writer
glum - sad
a nightmare - a very, very bad dream
had no idea - did not know
riddled with - has many, many bad things
life-threatening - could kill you
faulty (adjective) - has faults and defects
malfunctions (noun) - things that do not function correctly, broken things
cruise control - a system that automatically controls the speed of a car (See Wikipedia)
premium - special features or service that you pay extra for
after-sales service - repairing the car and maintaining the car after you buy it
around-the-clock help - can get help 24 hours every day (can never not get help)
terminate the contract - end the contract
a defect, a fault - some part that is not perfect and up to standard
defective (adjective) - has defects
deceptive - not telling the truth
a car dealer - a small company that sells cars
shady - dishonest or illegal
a used car dealer - a company or person who sells old cars (have a bad reputation for not being trustworthy)
trust - when people have confidence in each other (so they can work together effectively)
trustworthy (adjective) - a person or organisation you can trust
legal recourse - using the law and courts to solve a problem (solving problems outside courts is better)
grinds to a halt - comes to a sudden stop
notorious - famous in a bad sort of way
routinely - done as a normal part of the job or process
cheat - gain or get something from someone by lieing and being dishonest to them
cheats (noun) - people who cheat and lie to gain money from them
the wheels of commerce - the image of the economy as a machine with wheels that must be kept in motion
medical malpractice - when a doctor injures a patient through a careless mistake, violation of medical standards (See Wikipedia) การปฏิบัติหน้าที่ด้วยความบกพร่อง
shonky - seems to mean "bad," a word invented by the writer
glum - sad
a nightmare - a very, very bad dream
had no idea - did not know
riddled with - has many, many bad things
life-threatening - could kill you
faulty (adjective) - has faults and defects
malfunctions (noun) - things that do not function correctly, broken things
cruise control - a system that automatically controls the speed of a car (See Wikipedia)
premium - special features or service that you pay extra for
after-sales service - repairing the car and maintaining the car after you buy it
around-the-clock help - can get help 24 hours every day (can never not get help)
terminate the contract - end the contract
Ms Pimpan's horror story
When Ms Pimpan referred the issue to the Office of the Consumer Protection Board (OCPB) in November she found her car was not legally registered and its engine number plate could not be identified.She soon discovered she could be arrested and jailed if caught driving the car.
She also found the after-sales service arranged with the dealer was out of date and the car was on a list of vehicles to be sold by the Customs Department.
But when she stopped repayments, the dealer sued her.
horror
story - a story of monsters or demons (Frankenstein,
dracula, etc)
Office of the Consumer Protection Board (OCPB) - the office of the Thai government that deals with consumer complaints against businesses that have cheated them (See website)
legally registered - officially record ownership of car with the government
X sued Y - X starts a legal case against Y (to get compensation for an injury done to them)
compensation - money given to someone to pay for harm done to them
Office of the Consumer Protection Board (OCPB) - the office of the Thai government that deals with consumer complaints against businesses that have cheated them (See website)
legally registered - officially record ownership of car with the government
X sued Y - X starts a legal case against Y (to get compensation for an injury done to them)
compensation - money given to someone to pay for harm done to them
Ms. Pimpan's fight for justice
The Consumer Case Procedures Act has played a vital role in Ms Pimpan's fight for justice. She took her case to the civil court and filed a consumer complaint against the dealer.She demanded her money back and asked the court to award her 1.5 million baht in damages for her loss of business opportunities, among other things.
The act made it easier for her to achieve this as she did not have to prove technical aspects of the car's malfunction. The act places the burden of proof on the defendant.
The act extended the statute of limitations from one year, as stated in the civil and commercial code, to three years, meaning her case would not expire before she could get results.
Several other car buyers have also filed cases, often related to insurance and financing issues.
The law could be helpful for many car buyers who have filed complaints at the OCPB, the secretary-general Nirot Charoenprakob said.
"During the past year, we received over a hundred complaints from car owners," he said.
"Some of them found defects, some had problems with transfer of ownership."
played a vital role in - had
an important
part in
civil court - a court that determines whether damage has been done to somebody and orders money to be paid to them if they have been damaged
criminal court - a court that determines whether a person committed a crime and punishes them with a jail term or fine if they did
the civil and commercial code - the book of laws for civil law in civil courts and also for business law
filed a consumer complaint -
demanded her money back - asked for the company to pay her back the money she gave when buying the product
award damages - when the court orders someone to pay money to a person they harmed or damaged
prove technical aspects of the car's malfunction -
statue of limitations - the period during which legal action can be taken อายุความ
extended the statue of limitations - make the statue of limitations period longer
expire - come to an end
transfer of ownership - officially recording a new owner with the government when a car or motorcycle is sold
civil court - a court that determines whether damage has been done to somebody and orders money to be paid to them if they have been damaged
criminal court - a court that determines whether a person committed a crime and punishes them with a jail term or fine if they did
the civil and commercial code - the book of laws for civil law in civil courts and also for business law
filed a consumer complaint -
demanded her money back - asked for the company to pay her back the money she gave when buying the product
award damages - when the court orders someone to pay money to a person they harmed or damaged
prove technical aspects of the car's malfunction -
statue of limitations - the period during which legal action can be taken อายุความ
extended the statue of limitations - make the statue of limitations period longer
expire - come to an end
transfer of ownership - officially recording a new owner with the government when a car or motorcycle is sold
New product liability law
The Product Liability Law, which took effect late last month, can also be used for buyers of other products to seek justice, he said.It expands the area of businesses' liability to cover physical harm occurred to individuals' life, safety, health or damage to their properties due to unsafe and defective products.
For example, passengers and bystanders harmed by a car's defects can now file consumer suits against all involved in making and selling the car.
While she was dealing with mediation facilitated by the court, Ms Pimpan had to buy a new car. She parked the vehicle at the centre of the dispute at home.
She does not know when her case would be resolved.
"I don't think that filing a lawsuit is a fun thing to do," she said. "But buying a car worth almost four million baht with a risk I might be arrested is a very regrettable thing for me".
businesses' liability to cover Y
- if a problem with a product or service sold
by company harms or causes loss to a person, the company must help that
person
Product Liability Law - the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause (See Wikipedia)
justice - fairness in the way people are treated
seek justice - seek fair treatment (compensation for a wrong done to you, for example)
defective products - products that don't work correctly and cause harm or loss to a person
bystanders, innocent bystanders - people who just happen accidentally to be present when something happens
a lawsuit - a case in a court of law between two or more people or organizations คดี
file consumer suits - when an consumer officially starts a lawsuit against a company
mediation - trying to solve a disagreement by finding things that both sides can agree to (a compromise) การเจรจาไกล่เกลี่ย
X facilitate by Y - X helped by Y
mediation facilitated by the court - the court helps solve a disagreement between a company and a customer
resolve the case - find an acceptable arrangement to end the legal case
regret - wishing something had not happened (or wish you had not done something)
a very regrettable thing for me - I wish it did not happen
Product Liability Law - the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause (See Wikipedia)
justice - fairness in the way people are treated
seek justice - seek fair treatment (compensation for a wrong done to you, for example)
defective products - products that don't work correctly and cause harm or loss to a person
bystanders, innocent bystanders - people who just happen accidentally to be present when something happens
a lawsuit - a case in a court of law between two or more people or organizations คดี
file consumer suits - when an consumer officially starts a lawsuit against a company
mediation - trying to solve a disagreement by finding things that both sides can agree to (a compromise) การเจรจาไกล่เกลี่ย
X facilitate by Y - X helped by Y
mediation facilitated by the court - the court helps solve a disagreement between a company and a customer
resolve the case - find an acceptable arrangement to end the legal case
regret - wishing something had not happened (or wish you had not done something)
a very regrettable thing for me - I wish it did not happen
(Source: Bangkok Post, general news, BUYER BEWARE: Driven crazy by shonky car deal, New consumer act gives hope to glum buyer, Surasak Glahan, 4/03/2009, link)
