A recently purchased vehicle - may I please have some advice? Issues with car

Forums › Transport (cars, bikes and boats) › A recently purchased vehicle - may I please have some advice? Issues with car

wickedlolipoo

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#283804 13-Mar-2021 10:48

I bought a Mazda 2018 Vehicle that had an odometer reading of 23k back in November 2020. I drove it for another 5000KM

Here in March 2021 the car would not start up . Took it to a mazda service centre at the start of March who advised it was a car remote battery issue.

It was fixed and I picked it up the next day. In that afternoon the car failed to start again.

I took it back to a mazda repair centre who advises it would take at least 6 weeks to fix the car ( part needs to be imported from Japan) and a Loan car won't be available until 2 weeks.

It is still under warranty though

Is it reasonable to ask for some type of compensation as I am financing a car that I cannot drive for 2 months or longer?

Thanks

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#2673672 13-Mar-2021 11:02

Did you purchase it privately, or through a dealer?

wickedlolipoo

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#2673674 13-Mar-2021 11:04

Through john andrew mazda , they are a official mazda dealership

freitasm

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#2673683 13-Mar-2021 11:33

You can start by reading Solving issues with your car dealer - there is also a section called "The vehicle you bought is faulty". Also on the lefthand sidebar there are links to related articles.

The CGA applies to both new and used vehicles you buy from a car dealer.

IANAL.

robjg63

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#2673685 13-Mar-2021 11:40

Is it NZ new or Japanese import?

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wickedlolipoo

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#2673699 13-Mar-2021 12:04

robjg63: Is it NZ new or Japanese import?

It was NZ new. I am the second owner

mazda wont compensate but will find a courtesy car for me.

still a bit not happy financine a car that i cant drive for two months

turtleattacks

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#2673701 13-Mar-2021 12:13

wickedlolipoo:

I bought a Mazda 2018 Vehicle that had an odometer reading of 23k back in November 2020. I drove it for another 5000KM

Here in March 2021 the car would not start up . Took it to a mazda service centre at the start of March who advised it was a car remote battery issue.

It was fixed and I picked it up the next day. In that afternoon the car failed to start again.

I took it back to a mazda repair centre who advises it would take at least 6 weeks to fix the car ( part needs to be imported from Japan) and a Loan car won't be available until 2 weeks.

It is still under warranty though

Is it reasonable to ask for some type of compensation as I am financing a car that I cannot drive for 2 months or longer?

Thanks

Which Mazda is it? And also which part needs to be ordered from Japan?

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jonathan18

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#2673704 13-Mar-2021 12:22

As per usual, IANAL, but what about the CGA's provisions re consequential losses - could that be used to (politely) request the dealer to pay for the cost of a rental car until the point they're able to provide a loan vehicle? (That said, funny how a car dealer can't put their hands on a car to lend out!)

f an issue causes extra losses
You may be able to claim compensation if the way a service was delivered:
• damages your home or belongings
• leads to extra costs, e.g. taxi fares, missed appointments.
This is called consequential loss.
There are limits to what you can claim. The loss must be something likely
to happen as a result of the issue. You must also do what you can to avoid
further damage, if possible.

https://www.consumerprotection.govt.nz/assets/PDFs/booklet-your-consumer-rights-services.pdf

That refers to 'services', but I don't believe it's limited to these, ie also applies to goods; this bit seems to support this and the first example is a nice comparison to the OP's situation:

In addition to these rights, consumers may also claim for any reasonably foreseeable extra loss that results from the initial problem.

If your new washing machine won’t work properly you can claim for laundry costs or the cost of hiring a replacement machine while the first one is being fixed.

If you have to post or courier goods back to be repaired, you don’t have to pay for those costs.

The compensation for consequential loss must put you back in the position you would have been in if the goods or service hadn’t been faulty.

https://www.consumer.org.nz/articles/consumer-guarantees-act

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wickedlolipoo

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#2673721 13-Mar-2021 12:51

Thanks everyone for the support.

I'm not so sure if its appropriate to identify the branch at this time but if you really wanna know then PM me.

The fuel pump is the part that requires replacement and needs to be ordered from Japan.

It wasn't until a week of waiting and a follow up today that it would take 6 weeks to replace and when asked about a loan car there wouldn't be one available until 26th march.

When the initial repair services man called me a week ago he did not give a time frame only said " a while" to fix . I think he knew it would take this long but didn't offer any courtesy car for me.

A visit to the sales manager at the dealership advise he will call me on Monday and will try and find a loan car for me but compensation is out of the question.

scuwp

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#2673722 13-Mar-2021 12:53

They are providing you a loan car. I think that's perfect acceptable as a temporary arrangement. If they can't provide a loan car right away I would be asking for a rental.

Not sure what you are expecting. A huge payout?

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wickedlolipoo

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#2673725 13-Mar-2021 12:57

scuwp: They are providing you a loan car. I think that's perfect acceptable as a temporary arrangement. If they can't provide a loan car right away I would be asking for a rental.

Not sure what you are expecting. A huge payout?

No, I was looking for compensation of 2 months as I cant drive my car and they couldn't arrange a loan car.

The car was also serviced at the end of Feb . I'm not sure whether they would've picked it up during the service check.

Just a bit of a let down from John Andrew service centre

freitasm

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#2673745 13-Mar-2021 13:40

Be firm and ask for a loan car, or rental. This should be enough to cover your loss of using your own car.

It is not like the car is a total loss or they are not repairing it.

dafman

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#2673765 13-Mar-2021 14:20

I would ask for a rental to cover period until loan car is available.

I understand your frustration but, apart from the two weeks until loan car, the dealer seems to be acting reasonably, so not really an issue where compensation would be warranted IMO.

And a couple of positives:

Once you get the loan car, you are running up mileage on their car, not yours.
Be grateful you bought a Mazda, not a VW - link here

jonathan18

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#2673767 13-Mar-2021 14:28

Totally; I've already provided you with some material re 'consequential loss' which is the pertinent stuff you need to quote if it gets to that.

Once the dealer supplies or pays for a temporary replacement car it's not like you're in a significantly worse situation than you were prior to the fault. Appropriate "compensation" for not supplying a loan car needs to be in the way of paying for a rental - and if I was you I'd certainly be requiring this, but I wouldn't expect this situation warrants anything beyond this going by what you've explained here.

sbiddle

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#2673776 13-Mar-2021 15:07

wickedlolipoo:

scuwp: They are providing you a loan car. I think that's perfect acceptable as a temporary arrangement. If they can't provide a loan car right away I would be asking for a rental.

Not sure what you are expecting. A huge payout?

No, I was looking for compensation of 2 months as I cant drive my car and they couldn't arrange a loan car.

The car was also serviced at the end of Feb . I'm not sure whether they would've picked it up during the service check.

Just a bit of a let down from John Andrew service centre

It's worth noting that the Mazda warranty specifically excludes "Loss of use of the vehicle or any consequential loss, damage or expense arising directly or indirectly from a defect".

Most dealers offer loan cars when available for people who need them, but this certainly isn't something that any dealer can guarantee.

hairy1

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#2673790 13-Mar-2021 15:45

Yes but you can't contract out of the Consumer Guarantees Act.

My views (except when I am looking out their windows) are not those of my employer.

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