Sudden Loss of Power Steering WHEN DRIVING

[Skylarking]

Are you a Lawyer?

No, i am not a lawyer...

I've had issues with vehicle manufacturers and insurance companies previously so i've learnt to read ACL/policies and interpret the law in my favour where ever possible. It's amasing how companies can back down when it's reasonably clear that a customers interpretation of the law/policy is difficult to agrue against. Stands ones ground and not taking the companies faulty self serving view is also helpful. Having a situation that is reletively straight forward should it go to court also does wonders...


What people often forget is that the law makes no mention that repairs must be accepted if they are cheap for the seller to perform. The law only mentions that one sufferes a major fault, the purchaser can choose the remedy, be it repair, replacement or full refund. Yet people still take a corporate view that if it's a cheap repair, they have to accept it...


In this instance, with the Ford shenanigans, the court has taken the view that i've always held. ACL as written trumps corporate bullsh!t.

I've still to find and read the Ford ruling...

 

[Skylarking]

I think that what you're talking about here is within some broader context, because what you've said here is incorrect as it's written.
Ford are required to FIX the problem, there's no requirement for a refund or replacement.
If they said it was fixed but it wasn't fixed; well, they are required to fix it.
Then if they said it was fixed but it wasn't fixed; again, they are required to fix it.

I guess maybe you could spend $60k on lawyers to throw a civil suit against them for the loss of that $6k, even though it'd be pretty dubious ...

Or simply spend $450 (i think) on a small claims court case which can handle/award costs up to $70K (i think)... It's been a while since i enquired with VCAT/CAV but there is no need for $60K legal spend...

PS: and most companies would know they are wrong, especially with this ruling, so they'd likely resolve the issue on the court steps. And should they not, it's rather unlikely they would appeal a lost VCAT claim to the supream court (being the next step)... Bad press and all...

 

[Forg]

Or simply spend $450 (i think) on a small claims court case which can handle/award costs up to $70K (i think)... It's been a while since i enquired with VCAT/CAV but there is no need for $60K legal spend...

I can't see Joe Bloggs walking in off the street to Small Claims Court with a particularly spurious claim against a manufacturer ("My car had poorer-than-it-should-have-been resale due to reduced reputation of that model" OR "I couldn't be arsed getting them to fix the problem so I sold it with the problem and now I have less moneys") and winning, somehow ...

The law only mentions that one suffers a major fault, the purchaser can choose the remedy, be it repair, replacement or full refund.

Oh ... wait a sec, that puts a totally different slant on things!
This was something of which I was not aware.
Power steering failure is definitely a major fault; it's an extremely major safety problem!

 

[VS 5.0]

I can't see Joe Bloggs walking in off the street to Small Claims Court with a particularly spurious claim against a manufacturer ("My car had poorer-than-it-should-have-been resale due to reduced reputation of that model" OR "I couldn't be arsed getting them to fix the problem so I sold it with the problem and now I have less moneys") and winning, somehow ...


Oh ... wait a sec, that puts a totally different slant on things!
This was something of which I was not aware.
Power steering failure is definitely a major fault; it's an extremely major safety problem!

Some light bedtime reading for you @Forg - http://consumerlaw.gov.au/the-australian-consumer-law/legislation/

You might be surprised by a number of aspects, such as the ACL provides consumer guarantees that, in certain circumstances, exceed manufacturer's warrantys.

 

[Forg]

No that doesn’t surprise me; I watch The Checkout & know that a TV is expected to last 7yrs hence is actually warranted for that long.

But I wasn’t aware that the consumer could choose how to rectify a major fault with a car.

 

[426Cuda]

I think there was also a head gasket issue that Ford knew about and likely were fobbing people off in the same way.

But at any time in the process, if you placed a demand on Ford (easier if formal via letter) to replace the car or provide a full refund and they refused. Then they fixed it instead, Ford has not complied with the law. And if you subsequently sold the car at a $6K loss because you didn’t trust it wouldn’t occur again, then you’d likely have a claim against Ford.

Remember this is the game Ford played with the powershift issues and their loyalty program... loyalty mu ars e.

Now is the time to act as the’d be peeved at the $10M fine for their systemic law breaking and their miss deeds would be ringing in their ears.

So feel like a challenge Cuda? I’d love to see you claw back the $6K for your daughter.

I'd love too.
What are your thoughts on the fact that she bought it as a used car though? I.e the ACL isn't much help.

 

[SSalty]

Is it a complete lock up or just loss of assisted power steering?

Did they advise you to stop driving the car until they have a chance to fix it (or driving is at your own risk) ?

Gday, further re my post it was loss of power steering, they said i could drive the car.

 

[SSalty]

Gday again,
Just heard back from my local dealer today, Holden have agreed to do the repairs free of charge. Booked in for the 10th May. A good outcome all round.

 

[Skylarking]

Ssalty glad it is being fixed but it should have been something fixed under recall. I’d report the fault to DOTARS as well as it may help some other poor side from slamming into a ditch or worse should this occur when going around a bend.

I'd love too.
What are your thoughts on the fact that she bought it as a used car though? I.e the ACL isn't much help.

If she bought it second hand from a dealer, ACL still applies, absolutely.

If she bought it privately and it was still under manufacturer warranty, then it should be fixed by a dealer. However, i’m not sure if ACL applies in such a case, though it may be interpreted that ACL should apply if a vehicle is under factory warranty. One should read ACL and get their own take on such a situation. Also getting some advice from state consumer affairs could be helpful in clarifying this (though sometimes they behave and are as useful as titts on a bull).

If I get a chance, I’ll re read ACL and see if/how it handles such private sales where a vehicle is still under warranty.

 

[Skylarking]

Cuda, if your daughter bought her Ford privately, ACL only applies as to title, undistrubed possesion & undisclosed securities (according to ACCC "Motor Vehicle Sales and Repairs, An indistry guide to the Australian Consumer Law" pdf). The ACL is unclear what extra rights you'd have if a privately purchased vehicle was still under manufacturer warranty but presumably the manufacturer still has an obligation to fixed the issue (which they did).

I've still to re read the ACL itself as ACCC's guide seems a little too industry focused rather than being neutral.

So did your daughter buy privately or from a second hand dealer?