CGA question.. Repairs by car sales failing

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hio77

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#224163 6-Nov-2017 10:21

Hi guys,

I know this is not a place for lawyers advice, however I'm looking for honest feedback on what is my best path here.

I purchased a mazda attenza manual 2008 back in march.

This quickly failed a month later, developing a knocking sound.
Took the company, 2cheapcars 4 months to complete repairs due to their "staffing issues"
Repairs were reported as "replaced the whole engine"

Right on the 4th month since repairs, the same fault has occured. Knocking sound in the center left side of the engine (face on) sounding much like it is coming from the cam.

As the fault has reoccured I'm suspecting they simply bainaided the problem.

In terms of mantiance, it gets weekly checks on fluids etc. (It does seem to go through alot of oil. - 5 liters every month or two on average)

Bimonthly its been getting a full once over to ensure all is working well.

As far as I'm concerned I've kept Mantiance up for a car of its age well and should not have failed this early.
I gave the seller the chance to repair, they failed.

Being still under a year am i able to still claim cga?
Am i better off flogging it at a discount and cutting my losses?

I have no intention in spending weeks trying to repair it for it to all out fail. I expect it is a simple fix that has not been tracked down but I'm not a car guy.

Thoughts?

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#1895840 6-Nov-2017 10:31

That is waaaay too much oil.

I'd certainly be giving the CGA a good knock. I'd expect you paid about $9-13k for that car, it should go for a lot longer than that.

How many k's has it done?

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hio77

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#1895847 6-Nov-2017 10:41

Ks is hard to calculate given its had a change of engines.

Current is just shy of 180,000k. Since repaired its done about 6000k. Trip to fielding and back, my weekly hamilton run.

10k when bought. I'd be honest though if it came to it I would give it up for 6k as is. Simply for my own mental health...

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djtOtago

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#1895850 6-Nov-2017 10:45

hio77:

In terms of mantiance, it gets weekly checks on fluids etc. (It does seem to go through alot of oil. - 5 liters every month or two on average)

This is way to much oil consumption.
Even a car with high k's shouldn't go through that much oil. I think this engine has big problems.

Does the knock sound like it is at the top of the engine or coming from the bottom?
Does it change with engine speed, or more with road speed?

Actually on more thought I would try CGA, it really looks like the engine is on its last legs, given the amount of oil it is going through.

6FIEND

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#1895854 6-Nov-2017 10:47

IANAL, but from your account of things (and recognizing that this is only one side of the story) it does sound like you should exercise your right under the Consumer Guarantees Act to reject the vehicle due to a fault of substantial character.

The oil consumption alone would be sufficient to meet the criteria for this. 5l of oil every couple of months is *seriously* wrong.

You can demonstrate "good faith" dealings because you have provided the dealership with an opportunity to remedy the fault. They took you up on that but, on evidence, have not been able to resolve it to anyone's reasonable interpretation of "acceptable".

I would recommend calling the dealership and explaining the situation (as you have here) and then informing them that you are rejecting the vehicle (per your rights under the CGA) because of the substantial fault, and asking politely how they would like to take delivery of the vehicle and provide your refund.

If you get any pushback at all, do not bother trying to argue your point with the dealership, simply advise them that you will let the Disputes Tribunal make a judgement on the matter. (assuming you paid under $15k for the Atenza)

Note that the Consumer Guarantees Act does not state any fixed expiry of the guarantee - instead it says that the product must be fit for purpose for a "reasonable" length of time, so you're likely well within that timeframe.

Good luck!

Linux

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#1895857 6-Nov-2017 10:51

That is wayyyyyy to much oil for a start the engine must be stuffed, Weekly checks for fluids is OTT

I have a NZ new 2000 Corolla that uses next to nothing between 10k services (about 104k on the clock)

Friends don't let friends buy cars from 2Cheapcars, Take the car back demand a refund if not take them to court

Linux

hio77

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#1895868 6-Nov-2017 11:11

Linux:
Friends don't let friends buy cars from 2Cheapcars, Take the car back demand a refund if not take them to court

Linux

Trust me. I'd never go near them again. Their claims team are certified asshats and staff turnover is something cronic.

As for weekly checks, that's simply because i did not want to be back in this situation.
Was directed that it was my fault for lack of Mantiance...

I've discussed with them that i want to return it. They claimed this needs to go through management.
Prommised callback by 3pm tomorrow with management.

Failing that it will be taken to disputes straight away. I'm not getting into any too and throw with them.

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deadlyllama

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#1895904 6-Nov-2017 12:07

hio77:

Failing that it will be taken to disputes straight away. I'm not getting into any too and throw with them.

(I used to fix grammar/spelling errors on Xero's blog back when I worked there. They got so sick of my suggested fixes they gave me a login to do it myself.)

dickytim

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#1895918 6-Nov-2017 12:24

Does the engine number match car jam still?

I would be questioning if the repair they stated was actually done since they claim to have replaced the engine.

Wheelbarrow01

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#1895922 6-Nov-2017 12:28

Did they actually change the engine or not? Based on the same issue existing, it seems likely that they did not. The easiest way of checking this is to confirm the engine number - if they have put a replacement engine in, the number should no longer match the engine number printed on the registration paper that NZTA would have sent you a few days after you took ownership.

Or you could look up the engine number on Carjam - that should also still be showing the original engine number, although if the vehicle has been through a WOF since the ownership change, they may have updated this (not really sure on this side of things sorry)

But it would not surprise me at all if the engine had not been changed at all...

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hio77

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#1895925 6-Nov-2017 12:29

dickytim:

Does the engine number match car jam still?

I would be questioning if the repair they stated was actually done since they claim to have replaced the engine.

great question.

Last i checked i couldn't actually find the engine number anymore...

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Wheelbarrow01

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#1895929 6-Nov-2017 12:34

hio77:

dickytim:

Does the engine number match car jam still?

I would be questioning if the repair they stated was actually done since they claim to have replaced the engine.

great question.

Last i checked i couldn't actually find the engine number anymore...

Hmm that sounds even more dodgy. If it's driveable, maybe take it to a Mazda dealer and ask them if it's been changed. Even if they can't look it up on their computer due to being an import, one of their technicians should be able to spot evidence (fresh tool marks on engine mount bolts etc)

lxsw20

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#1895934 6-Nov-2017 12:52

Engine number is not usually the easiest thing to see when the engine is in the car with all accessories attached. It will be on the block somewhere.

1cloud

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#1895962 6-Nov-2017 12:57

Linux:

That is wayyyyyy to much oil for a start the engine must be stuffed, Weekly checks for fluids is OTT

I have a NZ new 2000 Corolla that uses next to nothing between 10k services (about 104k on the clock)

Friends don't let friends buy cars from 2Cheapcars, Take the car back demand a refund if not take them to court

Linux

generally toyota is fine with that mileage. oil leaks for sure with 180k on the clock.

Dial111

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#1895987 6-Nov-2017 13:33

Line up all your ducks in row, get as much proof as you can as to whether it's the same issue, if the engine has been replaced and anything else that may be relevant to your case. As above take it into Mazda to diagnose the issue and confirm if the engine has been replaced. Might cost you some but if you do your homework now, it will an easy open and close case at the DT

Good luck

Linux

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#1895990 6-Nov-2017 13:36

1cloud:

Linux:

That is wayyyyyy to much oil for a start the engine must be stuffed, Weekly checks for fluids is OTT

I have a NZ new 2000 Corolla that uses next to nothing between 10k services (about 104k on the clock)

Friends don't let friends buy cars from 2Cheapcars, Take the car back demand a refund if not take them to court

Linux

generally toyota is fine with that mileage. oil leaks for sure with 180k on the clock.

Sorry I don't agree

My old Ford Telstar NZ new with well over 200k on the clock (owned since about 60k) had zero oil leaks and only had the cam belt done in the time I owned it

Linux

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