Having a battle with Holden due lifters

[vc commodore]

That statement above that you shouldn't be paying can work in your favour... so remember who said it and when...

Now, the great thing about ACL is the seller has the statutory warranty obligations. So you don't need to talk to Holden at all. The seller is legally responsible for selling you a reliable and durable product. They can't send you to the manufacturer for a remedy. They have to provide a remedy and if they choose can lodge a small claim against Holden to get their warranty costs back from the manufacturer

So maybe just hammer the dealer for your ACL statutory warranty repair since they are of the view you shouldn't have to pay...

And to quote you from something you have said numerous times, Holden will use anything to void a warranty...

Wouldn't you say, being late with a service a good reason for Holden to void the warranty? I would

 

[vc commodore]

Technically yes, reality no. Oil and filter was changed at 30k by a private mechanic because I couldn’t lose the car for a day. Holden got it at about 37k to do the 30k service.

I’ve saved all the records over the years but didn’t save the straight up oil change service receipt and can’t supply it now either.

This is where the downfall will be....Unfortunately proof is everything...No proof, no luck worst of luck

 

[vc commodore]

Yes, in terms of dealer services records as Holden sees. But I believe Elwood changed the oil and filter himself via 3rd party mechanic but has no receipts. So the fact is rather different from that classified by Holden where most people would believe the oil quality isn’t in fact an issue contributing to the failure.

How to prove ones perspective and whether it will be accepted by a judge is legal stuff and what lawyers live rather well from...

An argument may or may not be based on normal logical in all instances and odd results sometimes occur...(I remember reading years ago some slime was convicted of attempted murder for shooting a dead person, cause lawyers argued the persons intent... so in law you can attempt to kill an already dead person )

I wish Elwood luck and as long as he has reasonable arguments, the dealer and possibly even Holden may reevaluate and come to the table.

Unfortunately, for a warranty to be valid, all terms of that warranty must be adheared to.....If they aren't adheared to, the company providing the warranty has the out to knock back any claim.

For any hope of making a claim to be looked at seriously, proof is required.....It doesn't matter that Holden didn't perform the previous service, prior to the 7 or 8 thousand kay overdue one,....You need proof that a qualified mechanic performed the service to keep the warranty valid. A backyard person isn't classed as qualified, unless he has a piece of paper stating that...So no matter how competent a person is mechanically, not having that piece of paper means the warranty is out the window.

So the biggest problem is PROOF PROOF and more PROOF.....Without that PROOF, which the op seems to be missing and the delay getting that last service done, effectly voids the warranty, therefore gives no recourse for action ....Any legal professional will also tell you, you can never have enough PROOF.....Something lacking with this

 

[vc commodore]

Just re-reading this thread....Have the lifters actually failed, or have the lifters got some gunk in them, not allowing them to do their job properly, therefore making a noise? ie, like some carbon build up that has been dislodged from a recent oil change and got stuck in one or more lifters?

 

[Skylarking]

@vc commodore, a manufacturers warranty is a different thing to a statutory warranty, entirely different...

A manufacturer can decide how it’s warranty will operate and whether it want to warrant something or deny the claim under its own internal rules.

Personally I don’t care about manufacturers warranty...

A statutory warranty is something defined in law which the seller and manufacturer must abide by... If a case is brought to small claims, a judge usually makes sure the seller and/or manufacturer follow the law in cases when It’s obvious to the judge they are trying to avoid their obligations...

It’s not the be all and end all but it’s a stronger protection than what most manufacturers provide.

Yes, scheduled services should be followed. Yes following the schedule and keeping receipts does make life much easier if/when there are faults that manifest themselves and one wants to make use of their ACL rights. But by missing a schedules service window, it simply means your statutory warranty may be void, it doesn’t mean the warranty must be voided...

The crux as pointed out by @stooge is whether the issue of the missed service rises to the level of abuse or misuse and whether that abuse or misuse contributed to the fault... Closely related to this is product durability issues and also whether the product has known defects in that area...

All this is something a tribunal would decide, not something Holden or the dealer decides. Though like the owner, Holden/dealer can have an opinion and put forward an argument. Holden/dealer may even change its mind if the owners arguments are compelling.

As I said, it ain’t over till that fat lady sings (or the owner gives up cause it’s easier to rationalise a cam upgrade)

 

[Tonner Matt]

Holden will argue, missing the scheduled service has caused the problem...They also require services being done by qualified mechanics..

A receipt for oil filters and what ever else only proves you bought it...It doesn't prove it was installed in the specific car

So harp on about courts, the acccc and who ever else all you like, unfortunately the length of time and kays that elapsed would be enough to give them the out that they need and an excellent chance of succeeding.

Exactly......
A receipt for buying oil and a filter doesn't prove a thing unfortunately
And scheduled services are required to be carried out by a qualified tradesperson who can stamp/fill out the service logbook

Unfortunately for the OP, when he let his vehicle go 8,000km's past the due/scheduled service interval, that's all any manufacturer will need to say you failed to comply with the vehicles recommended service schedule and you have now voided your warranty

It doesn't matter what any wanna be forum lawyer like Skylarking has to say whilst continuously quoting ACL
It is up to you, the owner to have your vehicle serviced by km's or time passed......There is, No if's, no butts, no maybe's

At the end of the day if you neglect the service schedule of your vehicle by letting it go 8,000km's past the due service by km's alone, the dealer can and will definitely tell you to go f#ck yourself when it comes to anything to do with warranty

And that other beauty that gets thrown around on here a lot......."Reasonable Expectation" doesn't even come into the picture

I've seen it happy on plenty of occasions over the years at dealerships, and it's always because people are either just too lazy or stupid to bother getting their vehicles serviced on time

It's not a fight that any wanna be forum lawyer will ever win in court
You had an obligation to fulfill, and you didn't fulfill it............End of story, warranty is now voided

 

[stooge]

the consumer must also abide by the terms of the statutory warranty.

the whole thing is really vague when you read the acl on motor vehicles and servicing but it does say this...

The guarantee of acceptable quality does not apply if:

the consumer causes the vehicle to become of unacceptable quality or does not take reasonable steps to prevent the vehicle from becoming of unacceptable quality.

so not servicing it and then having a part fail that could directly relate to the missed service could fall under that.

this page has some info on skipping services but it does not clearly state yes or no because the whole thing is a case by case thing.

Is your car's warranty at risk if you skip a scheduled service?

How much does servicing affect your warranty?

www.caradvice.com.au

 

[Tonner Matt]

surely the lifters shouldn’t have failed? If that’s something that’s known to happen I would have like to have been told.

Not trying to be a dick mate, but seriously................
A salesman won't tell you anything negative at all about the product their trying to sell, it's all going to be positive
Think of it this way for a moment..............
Do you have someone permanently telling you when you are about to run out of fuel, so you can go to the servo and fill up the tank again

 

[Elwood]

Just re-reading this thread....Have the lifters actually failed, or have the lifters got some gunk in them, not allowing them to do their job properly, therefore making a noise? ie, like some carbon build up that has been dislodged from a recent oil change and got stuck in one or more lifters?

Good question. All the dealer has said (word for word)

“Found lifter rattle and some piston slap. Will need lifter kit to sort out, customer is to contact Holden. quoted price $3552 to $4947 depending on what is needed”

 

[Elwood]

Not trying to be a dick mate, but seriously c'mon................A salesman or dealership won't tell you anything negative at all
Think of it this way for a moment..............
Do you have someone permanently telling you when you are about to run out of fuel, so you can go to the servo and fill up the tank again

So far fella that’s the least helpful comment anyone has offered, congratulations haha.

Mate oil was changed on time to ensure the engine was been looked after at 30k but I don’t have the receipts for it. The reality is if a manufacturer is producing a vehicle that can’t handle 8k more driving without a service they need to make that **** very clear. That’s not what’s happened though, oil changed on time.

I’m not a Mechanic so you tell me what else besides running the thing dry on oil or so low that it picked up all sorts of **** would stuff a lifter?