tehgerbil:

 

Their offer of $500 is hush money - if they weren't liable they would be offering you nothing. 

 

I agree. Turners did say the $500 was for a "gesture of goodwill" and did not directly imply it was for the transmission.

IMO this "gesture of goodwill" is pathetic as the transmission will cost $3k to replace.

NPCtom:

 

Turners keeps mentioning they want to get a "3rd party's opinion". I asked them what this meant but they haven't replied.

 

They will want to get a report from their own mechanic. You should keep pushing them about this to progress things.

tigercorp:

 

NPCtom:

 

Turners keeps mentioning they want to get a "3rd party's opinion". I asked them what this meant but they haven't replied.

 

 

They will want to get a report from their own mechanic. You should keep pushing them about this to progress things.

 

The vehicle was looked at their mechanic (towed at their cost from my house which was nice). It's been there for the last couple of weeks.

I called the mechanic and said he the transmission had "failed". No other explanation was given.

Edit: It was towed on the 14th of April and I rang them the following Wednesday (20th April). 

NPCtom:

 

The vehicle was looked at their mechanic (towed at their cost from my house which was nice). It's been there for the last couple of weeks.

 

I called the mechanic and said he the transmission had "failed". No other explanation was given.

 

Edit: It was towed on the 14th of April and I rang them the following Wednesday (20th April). 

 

Sounds like the person talking to you had no idea or was stalling, or they are going to get another opinion. Either way, keep chasing it.

tigercorp:

 

NPCtom:

 

The vehicle was looked at their mechanic (towed at their cost from my house which was nice). It's been there for the last couple of weeks.

 

I called the mechanic and said he the transmission had "failed". No other explanation was given.

 

Edit: It was towed on the 14th of April and I rang them the following Wednesday (20th April). 

 

 

Sounds like the person talking to you had no idea or was stalling, or they are going to get another opinion. Either way, keep chasing it.

 

Yup he said that he doesn't deal with these gearboxes and sent photos to Turners. Turners then called me on Saturday telling me the claim was declined and to arrange collection of the vehicle.

1101:

 

Nope, just wrong ,here

20+ year old vehicles wont be covered by CGA .
Bought at auction wont be covered by CGA
was used offroad : so even more unlikely to be covered .

 

There will be a sensible limit on CGA .
23year old offroaders arnt within a sensible limit (opinion).
Just as a old racecar or trackcar wouldnt be covered by the CGA

Are we going to start making CGA claim for ModelA Fords next :-)
Why cant I make CGA claims against MAZDA for my 24 year old car as well ?

 

Buyer beware applies here.
So unless he was misled & can prove he was mislead as to its condition.......

 

Apart from the bolded bit above you have actually managed to be incorrect for every statement in this post.

Geektastic: What did the sales paperwork say about liability?

It just mentions the CGA (twice) in incredibly small font.

It also mentions Mechanical Breakdown Insurance, but apparently they were unable to offer it. I asked Turners why and they said there aren't any policies available for a car this old.

Daynger:

 

Apart from the bolded bit above you have actually managed to be incorrect for every statement in this post.

 

OK, back that up with some references and facts


I'll start you off
https://www.consumerprotection.govt.nz/help-product-service/cars/solving-issues-car-dealer/

"Under the CGA, whether a dealer is responsible depends on:

• the age, type, price and condition of the vehicle at the time of purchase"

Its a nonsense to expect old cars to be covered .

But
If he bought via turners trademe auction , using "by now" then it isnt an auction , so they cant use that excuse , IF
 https://www.turners.co.nz/Consumer-Law-Information/
"Don't forget, all cars purchased through Buy Now are covered by the CGA."

1101:

 

Daynger:

 

Apart from the bolded bit above you have actually managed to be incorrect for every statement in this post.

 

 

OK, back that up with some references and facts


I'll start you off
https://www.consumerprotection.govt.nz/help-product-service/cars/solving-issues-car-dealer/

 

"Under the CGA, whether a dealer is responsible depends on:

 

• the age, type, price and condition of the vehicle at the time of purchase"

Its a nonsense to expect old cars to be covered .

But
If he bought via turners trademe auction , using "by now" then it isnt an auction , so they cant use that excuse , IF
 https://www.turners.co.nz/Consumer-Law-Information/
"Don't forget, all cars purchased through Buy Now are covered by the CGA."

 

 

 

Here is the actual legislation: https://www.legislation.govt.nz/act/public/1993/0091/24.0/DLM311053.html

No exemption is listed for second hand goods or vehicles.

You also might want to read this: https://www.consumerprotection.govt.nz/assets/PDFs/MVDT/mvdt-auckland-july-2011-june-2012.pdf

In particular the first story about a young woman buying a 12 year old nissan pulsar, it starts on page three under the pie chart. Or the next story down starting on page 5.

These are actual cases that have been heard by the MVDT, not my opinion of anything.

Just realised that was an old report after i posted it up but there are some interesting cases in some of them, one in particular stood out to be applicable here in this report: https://www.consumerprotection.govt.nz/assets/PDFs/MVDT/mvdt-annual-report-2018-19.pdf

Bottom paragraph on page four.

If anyone is interested enough to read more they are here: https://www.consumerprotection.govt.nz/general-help/consumer-laws/motor-vehicle-disputes-tribunal-annual-reports/

How is this progressing?

Interested to hear what is happening.

Daynger:

 

How is this progressing?

 

Interested to hear what is happening.

 

It's currently awaiting a hearing date. The MVDT was incredibly efficient - they replied to my application within 24 hours.

Turners waited the full 16 days to provide their "report" to the Tribunal, which was an email saying they don't think they're liable. 

Over the course of 30+ years I can't think of a single person I know who's purchased a car from Turners and had a good experience. I concede that people are more likely to be vocal about a bad experience than a good one but still.