Skylarking
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@Super Coach, the problem is Holden just don’t give a toss since they have no brand to protect. They are in the process of pulling out and will only do the absolute minimum required under law...
But ACL cover intermittent faults as such faults make the product defective... And if you’ve taken it to them 4 weeks ago, where they replaced the steering column lock and that didn’t fix the defect, that's strike one. You’ve now taken it back to the dealer as the problem still manifests itself, however they refuse to fix it until a fault code shows up despite the fault being witnessed by the service technician, that’s strike two. When the defect rears its ugly head again and they refuse to fix it again, that’s strike three... this then changes the game...
Under ACL, you can’t choose the remedy for a minor defect. However, if the seller/manufacturer can’t fix this minor defect within reasonable time and/or within a number of attempt repairs (I think 3 is the accepted number), then it can be classed as a major defect under ACL. The great thing about a major defect under ACL is that the purchaser can choose the remedy they prefer. The buyers choice can be either a repair of the faulty product, a replacement of the faulty product or full purchase price refund; with a major defect it’s the purchasers choice
So if the dealer wants to avoid refunding you the purchase price for your vehicle, due to this what will obviously become a major defect under ACL, then it would be in their interests to work a little harder at resolving this intermittant fault and not play games about fault codes
(the fault detection system may itself be poorly designed so doesn’t capture this issue - that makes the vehicles diagnostics system defective under ACL is it can’t differentiate between door switch, steering lock or steering lock control module issues)...
Unfortunately S.A. doesn’t have a dedicated small claims tribunal for such consumer issues as it’s handled by the magistrates court. There may be special rules for small claims so check with them).
ACCC won’t handle consumer issues as such but they may be interested in how Holden & dealers are treating their customers considering the court enforceable undertaking Holden made to ACCC not to behave like arse hats... I think the undertaking expires mid late November but as you raised this issue late October/early November the issue should be covered by the undertaking that they won’t shaft you... which the seem to be doing...
I‘d talk to ACCC about Holdens behaviour and talk to the magistrate clerk about the process of making a claim against the dealer/Holden for this issue (and if you go that court route, go for the full refund so you can be done with).
PS: I wouldn’t repair it myself just yet as you know it’s going to occur again and that strike 3 may be what you actually want. After all if they can’t fix a simple lock issue, what hope will you have with more serious issues that should be covered under ACL.
But ACL cover intermittent faults as such faults make the product defective... And if you’ve taken it to them 4 weeks ago, where they replaced the steering column lock and that didn’t fix the defect, that's strike one. You’ve now taken it back to the dealer as the problem still manifests itself, however they refuse to fix it until a fault code shows up despite the fault being witnessed by the service technician, that’s strike two. When the defect rears its ugly head again and they refuse to fix it again, that’s strike three... this then changes the game...
Under ACL, you can’t choose the remedy for a minor defect. However, if the seller/manufacturer can’t fix this minor defect within reasonable time and/or within a number of attempt repairs (I think 3 is the accepted number), then it can be classed as a major defect under ACL. The great thing about a major defect under ACL is that the purchaser can choose the remedy they prefer. The buyers choice can be either a repair of the faulty product, a replacement of the faulty product or full purchase price refund; with a major defect it’s the purchasers choice
So if the dealer wants to avoid refunding you the purchase price for your vehicle, due to this what will obviously become a major defect under ACL, then it would be in their interests to work a little harder at resolving this intermittant fault and not play games about fault codes
(the fault detection system may itself be poorly designed so doesn’t capture this issue - that makes the vehicles diagnostics system defective under ACL is it can’t differentiate between door switch, steering lock or steering lock control module issues)...
Unfortunately S.A. doesn’t have a dedicated small claims tribunal for such consumer issues as it’s handled by the magistrates court. There may be special rules for small claims so check with them).
ACCC won’t handle consumer issues as such but they may be interested in how Holden & dealers are treating their customers considering the court enforceable undertaking Holden made to ACCC not to behave like arse hats... I think the undertaking expires mid late November but as you raised this issue late October/early November the issue should be covered by the undertaking that they won’t shaft you... which the seem to be doing...
I‘d talk to ACCC about Holdens behaviour and talk to the magistrate clerk about the process of making a claim against the dealer/Holden for this issue (and if you go that court route, go for the full refund so you can be done with).
PS: I wouldn’t repair it myself just yet as you know it’s going to occur again and that strike 3 may be what you actually want. After all if they can’t fix a simple lock issue, what hope will you have with more serious issues that should be covered under ACL.
