Legal help, three month warranty (sorry it is half a novel length)

[Blazed1101]

Hi I’ve had abit of trouble today with the bloke I brought my car off (2nd hand car yard)


Now this started three weeks after I got the car, the actuator was not working and I had a power steering fluid leak, so after getting it booked in, dropping it in the following week as apparently in there “first available time” leaving the car there at 9, I get a call at 4 saying that all the work on the car was done, I arrive to find out that all they did was -look- at the actuator, figuring out that all it needed was a good grease up, and tightening up a bolt that was letting the fluid drip in the steering. I figured ok ill see how it goes, four days later the actuator stopped working again (the next time that it slightly rained) and a week later I needed to top up the power steering fluid again (by this point ive used a whole bottle of fluid).

Now through this point I was going through my university exams and was stressed enough and I didn’t need added stress from the car so left it as is for two weeks.



Week one of my five week holiday!
Called Monday, saying if I could book the car in to get a few things looked at. (More things started to become annoying, ie exhaust pipe was loose and tapping the bottom of the car, big diff whine, front wheel starting to show a bad camper problem, driver seat having alot of flex and movement, back left window switch stopped working and I figured out that I wasn’t getting sound from my back speakers and buttons on the stereo worked how and when it felt like)

The guy said that the work shop was busy and to call back on Thursday to try and get an appointment for the following week.


Thursday called, got a rebuild in the shop and mechanic is busy for at least a week call next week same day to make an appointment the following week (if that makes sense)




Week two, calling Thursday
Still busy turned out to be a whole motor rebuild won’t happen for another week, (now up to this point I was as nice as pie, never sounded smart or anything) however when he said that it would take another week to rebuild a 6 cyl motor I said as a joke (quite playfully) that they were trying to stall me until my warranty was up. The bloke then said that if they were unable to fix it this week coming they will organise someone else to fix it (central coast Holden Tuggerah, two shops down) and they will call me on early next week to give me a solution.

After that I thought good I’m getting my car fixed!!! =D


But how I thought wrong.


Call on Friday after not hearing from them all week; this is week three of uni holidays

Calling asking what is happening they say that there is available times next week as the car has finished being rebuilt, they ask what days would be most suitable for me, and in truth working at this point 5 days a week down in Sydney I say none really but I could maybe have the day off next Wednesday or Thursday and get it booked in then, then they wouldn’t take two days of booking I go fine scratch next week we will do it the following week on Tuesday, all agreed and all happy
Bang booking!! 26/7/11 Tuesday morning

Week four
I call Thursday (of last week) to make sure the booking is still on as I don’t want to have a day off pay for no reason and they say yes, they ask me what time would it be best for me to come in? I said first thing as soon as the mechanic gets there, they tell me 930, I say yes it will be in at 930 all the while thinking think sweet sleep in (as I normally get up at 5 to get to work on time)

Week five, today.
Get up and leave for mechanic, shit traffic and get there at 955, they guy I’ve been on the phone too all these weeks (the manager) asks what time is it, I say the time, and he goes you where meant to be here at 930, I said sorry as I handed him the keys, following which he asks what is wrong with the car (quite harshly) in my mind I think ok what is wrong with the car and what can I live with or fix myself, i said a few things that were wrong, seat (won’t pass rego), exhaust (driving me insane), stereo (could be big problem and is driving me insane too) and the diff whine. He goes fine takes the keys and said he will call when done.

Realised at about 12 that the actuator is still not working and it had slipped my mind when he took the car so I called him back, (sickly politely) just asked if they could have a look at the actuator again as it still wasn’t working.

What I get in reply

“Where have you driven this car?” I asked what he meant by that and then he tells me none of the car is still under warranty as I’ve driven the car over the 5000ks limit. (this is the first I was ever told by this, when i got the car he said that it’s got three month warranty and blah blah blah, never said anything about it being capped at the 5000ks) then he further tells me that he will look at what he can do.
I get a call at 3, all work has been done come pick your car up.

Get there to find out that all they have fixed was the exhaust and a window switch and nothing else was done, they just inspected all the rest of the problems... (and bent the #### out of my antenna)

At this point my blood presser went sky high but yet still swallow it all to ask if he could write down all that was fixed, all that wasn’t fixed, sign and date the bottom, where are my keys (on the seat while the car was parked out in there yard near the door) and I got in and left...........

Now my question is...

PLEASE HELP WHAT DO I DO????

[stuntmanmike]

Can I suggest what not to do: go back to the used car dealership and expect them to repair your car under warranty. You are much better off going to a reputable mechanic and having them perform the repairs.
I will never purchase a used car with "warranty" on principle. IMO warranties are useless. What we don't know are what short cut fixes/tricks/cons the used car dealers do that will need attention later $$$. Eg bike inner tube into the diff to make it quiet.
Do yourself a favour and take your car to a good mechanical workshop.

[Blazed1101]

in truth to god all i wanted was a good car to look after me and my family, i pay top doller on getting it through a dealer expecting and hopeing for a car that will do excatly that, what is the point of running around saying the car is under warrenty etc if its not the case?

what ever did happen to australian values?

[EDGE3]

Used car warranty isn't worth the paper its written on,what you should have done is bought it without the warranty the car would have costed you around $1000 less.And that's the trick they don't tell you about the 5000kms,and once they fix the $1000 repair and labour included mind you,I'm sorry about your situation and I agree just do what stuntmanmike said.

[Grennan]

Used car warranty isn't worth the paper its written on

Pretty much this.

Everytime you take it back there, they will treat it with more and more contempt.

Cut your losses and find a new place to repair it.

[Blazed1101]

ok well is there some kind of way there can be a ramification... this whole thing is just pi$$ing me off big time, just makes me sick that they can get away with this crap

[Bravotwozero]

He's referring to the 3 month 5000km statutory warranty on ALL DEALER PURCHASED CARS. It is law.
If you have driven over the 5000kms then there isn't anything you can do unfortunately. If you made them aware of it before this and they simply jacked you around with booking it in, that is a different story.

I suggest you contact the ACCC and get some advice.

Infocentre

[VYMAD]

Mate I feel so sorry for you. Unfortunately the above replies sum it up; Warranties are crap. I, too would be so pissed off with the dealer. I HATE car salesmen!
All I can suggest is contacting consumer affairs or the ombudsman or whatever, making sure to go back to the dealer, tell him you are taking this issue further and maybe even bluff that you have a recording of one or more of the phone calls?
Think it through first and go back in there and 'cause a scene', whatever. But try the consumer watchdog avenue if you can.

[Dr HaxZaw]

hey dude just hang in there... i blew and engine and a radiator about 4000k's out of the warranty but cause i had problems before that they ended up replacing it all for $250
took me 6 months of arguing and threatening to go to Fair Trading but just be prepared to have a long arguement with them... If you read the Fair Trading website they say they are the last resort so if you try and sort it out before hand without luck it will make your case a little bit stronger and they wont get away with it as much
have to admit it was pretty bad for about 3 months trying to sort it out but once you get through it youll be glad you made them pay

[Blazed1101]

thanks heaps for the ideas and info thats flooding in, im quite thankfull since its been such a long day, look im all for digging into the sand, and get what should be mine, however as what a person said before in the post what if they start dogying up my car, would rather be out of pocket then hurt/dead from there stupidity

Bravotwozero- since its been so many weeks since ive been trying to get them to get my car in would it count as benifit of the doubt?

Dr Haxzaw- ill keep in touch with you, since by the sounds of it you have gone through this crap as well,


all and all im going to contact my lawyer and see what she can do about this

[RB Onevia]

i bought my car from a used car yard in adelaide with 3 month warranty and says i could have anyone do the repairs and send them the bill