The ol' Consumers Guarantees Act and Second hand goods (car)

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#747662 20-Jan-2013 10:07

Ok guys,thanks for the replies. Unfortunately I've just had a look and the dealer is not An MTA member, so I guess that process doesn't apply...

richms

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#747679 20-Jan-2013 10:40

That is actually a good thing so you can skip the whole MTA "resolution" process.

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Aaroona

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#747749 20-Jan-2013 12:32

So I just called the yard, this is the result so far...

- He said that because its 4 months since I purchased the vehicle that they are unlikely to pay for anything
- He said to bring the car in 9am Monday, so they can assess the vehicle and they will give a diagnosis on the issue (He said the service manager can take a look at it first thing).
- I explained to him that I took it to the dealer and they diagnosed the issue as being 3 faulty Fuel Injectors and 1 NOX sensor, which all need to be replaced, however he was adamant they want to perform their own diagnosis.
- He rang back about 2 minutes later (12.23pm) and asked that I also bring the print out that the dealer gave me (a sales invoice) for the description etc. of the work performed and diagnosis that was given, so he can call the mechanic to discuss.
- He said once the assessment is done (around 3pm), they will call to discuss what they will cover, if they will cover any of it at all.

He did mention that "We may not be able to bear all of the cost, due to it being a used car and general wear and tear" - which I quickly explained, had it been 1 injector, I would agree. but 3 injectors and a NOX sensor is a bit different.

so yeah... undecided if I should remain optimistic with this or not...

gzt

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#747757 20-Jan-2013 12:56

It's just a process. It is normal that they want to have their own people take a look at it and perform their own diagnosis. It certainly sounds they are prepared to accept some level of responsibility under consumer law which is positive and some level of negotiation is likely to occur after they have a look and confirm and come back to you.

TheUngeek

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#747866 20-Jan-2013 17:57

This is why you should always but from MTA members. They would require the dealer to fix it all

floydbloke

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#748042 21-Jan-2013 07:28

Disputes tribunal worked for this guy:
http://www.stuff.co.nz/business/8202822/Car-dealer-forced-to-pay-customer-30k
(at least, it will if the dealer pays up)

Sometimes I use big words I don't always fully understand in an effort to make myself sound more photosynthesis.

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clevedon

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#748167 21-Jan-2013 12:43

TheUngeek: This is why you should always but from MTA members. They would require the dealer to fix it all

Being a MTA member does not require anyone to fix anything - the MTA cannot order a member to do anything.

networkn

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#748193 21-Jan-2013 13:29

clevedon:
TheUngeek: This is why you should always but from MTA members. They would require the dealer to fix it all

Being a MTA member does not require anyone to fix anything - the MTA cannot order a member to do anything.

This. Plus the MTA process is fairly arduous from my recollection of a friends experience.

Also it's normal for them to reassess it, I would in their position, they have no idea about the expertise of the person who diagnosed it. So long as they use the right tools and suitably qualified person to assess it themselves....

Batman

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#748195 21-Jan-2013 13:34

I read on stuff app sorry no link see motoring ... Alan Cooper had to pay 30000 to the guy he sold a lemon range rover hut in that case the fault happened within two Weeks

clevedon

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#748197 21-Jan-2013 13:39

joker97: I read on stuff app sorry no link see motoring ... Alan Cooper had to pay 30000 to the guy he sold a lemon range rover hut in that case the fault happened within two Weeks

Ordered to by the Motor Vehicle Disputes Tribunal, not the MTA.

Archer77

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#748224 21-Jan-2013 14:36

I'm very interested in how this goes - thanks for keeping the updated flowing!

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qwerty7

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#748244 21-Jan-2013 15:20

Just want to say I agree with 'slowly escalating it'. Do NOT go in all guns blazing from the start talking about disputes tribunal etc etc. Give them a chance first.

Also what is make and model? Wondering why injectors failed early..

networkn

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#748245 21-Jan-2013 15:23

Yup agreed with the slow escalation. Give them reasonable time to investigate.

Aaroona

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#748452 21-Jan-2013 20:38

So how we're looking now is...

I took the car to them today, they took the vehicle to their "specialist". The specialist claims that the fuel injectors are fine, not appearing faulty.
NOX sensor definitely needs to be replaced.
The service manager at the yard said "the best we can offer is to give you the labour to replace the NOX sensor, but you have to pay for the part".

Obviously the 3 injectors are excluded...

I rang the "specialist" directly. Seems like a nice enough chap. He explained to me that sometimes the idle needs adjusting after a few years etc.. blah blah blah. Basically he said that on Wednesday he will be in town, so he will pop by my work and adjust the idle a bit, let me test drive to see if its any better and go from there.
He also said he is unsure how the manufacturers mechanic could diagnose the fuel injectors as being faulty as "there was nothing appearing on the computer".

He said replacing the NOX sensor will not fix the issue I'm having anyway... so really I'm at a loss.

I rang CAB today to get some advise. The lady I spoke to seemed to think I had a strong enough lead to pursue.
She recommended that I write a letter to the dealership explaining to them the situation, explain to them that they are required under the CGA to remedy the situation, in this case preferably by repair. Explain that the car is only from 2008 with very low km's and that 3 fuel injectors and a NOX sensor is not reasonable wear and tear for that amount of km's.

Sorry just a bit more to add... the dealer was adamant that replacing the NOX sensor would cure the problem. But when asked to put pen to paper, he said they cant do that for me. Both me and my friend said that was a bit weird...

The other issue now is, when I took the car to get diagnosed initially, they replaced all 4 ignition coils free of charge, due to what they call a "Product enhancement" (not a recall). The yard is now arguing that the coils were the cause of the issue, and now that they have been replaced and because I took it somewhere else, they don't want to accept any liability for it.

Truth is, I didn't ask for the coils to be replaced, the mechanic did this at their free will while diagnosing the vehicle...

Any ideas....?

TheUngeek

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#748467 21-Jan-2013 20:56

Dealer is being a w***er.
Some diagnostic units can see more than others. So possibly the franchise tech could see more than the other guy. They should be able to print out what they can see and show you what's causing the issue.

Sounds like your about to have a fight on your hands

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