Sudden Loss of Power Steering WHEN DRIVING

[RoganJosh]

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.

So did they mention that the code for the fault was present?

Did they charge you to look at the vehicle on the 1st May when you brought it in?

 

[426Cuda]

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?

Interesting. Thanks @Skylarking.
It was purchased from a car yard (company) which is a subsidiary of a parent company, which also owns a Ford dealership. So not directly from a dealer.

 

[Skylarking]

ACL legislation defines the term seller but basically it means a business.. it does not have to be a manufacturer’s sanctioned dealership.

(Each state has another set of more limited laws LMCT’s must also follow and you have to be a LMcT to sell more than a small number of cars a year)

It may get a little messier with a small used car dealer as they may not be fully across ACL or don’t like to acknowledge they know of it but they’d have to be living under a rock not to know now that ACCC has gotten some, $10M actually, legal clarity through the courts.

There should be some scope for you to claw back the loss for the seller, who can then lay his own claim against FMCo and get their loss paid...

Go for the jugular at the end of the day FMCo can afford it

 

[426Cuda]

ACL legislation defines the term seller but basically it means a business.. it does not have to be a manufacturer’s sanctioned dealership.

(Each state has another set of more limited laws LMCT’s must also follow and you have to be a LMcT to sell more than a small number of cars a year)

It may get a little messier with a small used car dealer as they may not be fully across ACL or don’t like to acknowledge they know of it but they’d have to be living under a rock not to know now that ACCC has gotten some, $10M actually, legal clarity through the courts.

There should be some scope for you to claw back the loss for the seller, who can then lay his own claim against FMCo and get their loss paid...

Go for the jugular at the end of the day FMCo can afford it

Well it has to at least be worth a well drafted letter. As much as anything, to show my Daughter there can be justice. I'll Get onto it and let you know how it goes. Either way, on principle alone it's worth the time and effort.

 

[Dylie]

Had my steering rack replaced today, had to get a family member who works for a company that does business with Brighton Holden to ring and ensure I didn't get charged for the diagnostic fee.

Finally happy to have it out of my hair, was definitely an issue that was a massive pain to try and resolve

Here's the invoice for anyone curious

 

[RoganJosh]

Had my steering rack replaced today, had to get a family member who works for a company that does business with Brighton Holden to ring and ensure I didn't get charged for the diagnostic fee.

Finally happy to have it out of my hair, was definitely an issue that was a massive pain to try and resolve

Here's the invoice for anyone curious

Did they confirm the code was present to show it was at fault? Your invoice says "Scanned for DTC" but doesn't indicate if the code was present.

 

[RoganJosh]

I am now getting my steering rack replaced by GM Holden Ltd in a week from now they have authorised only because I have a Tribunal hearing in 2 days time. They are not even bothering to check if the code is present which is what I thought they were going to do this morning.

 

[Skylarking]

@RoganJosh, pity the saga wasn’t put in front of a judge where you could have highlighted Holdens negligent behaviour on this safety issue that should have been handled for all owners by Holden via a voluntary recall (since the regulators are silent on the issue).

Though the judge can’t direct Holden to recall all vehicles, as it’s not an ACL issue and thus not under his jurisdiction, he can take a dim view and verbally hammer Holden for such poor behaviour while finding that the fault IS a major fault under ACL.

But going down that path would have required you getting your ducks in a row. However, if you went down that path and if you got a such an outcome (major fault under ACL) that would have been a hugely important result. That’s because the regulators would then have to pay serious attention to this issue (and can no longer remain silent).

In any case, you took appropriate steps to get the outcome you desired in getting the issue fixed so congrats.

But if possible, can you get the dealer to take picks of the old rack connectors (& part number stickers) as well as the new rack connectors (& part number stickers) so we can see if the local fix contains the gold connectors (as is done with the Chevy US recall).

If you can get such pics, please post them here so we can all finally see whether the fix is the same as the USA recall solution or whether we are still being short changed in some way...

PS: also tried to download your CAT judgment from the MyLink map thread but it’s no longer available. Also tried finding it within NSW CAT web site but had no luck. Can you provide a copy?

 

[Anthony121]

@RoganJosh, pity the saga wasn’t put in front of a judge where you could have highlighted Holdens negligent behaviour on this safety issue that should have been handled for all owners by Holden via a voluntary recall (since the regulators are silent on the issue).

Though the judge can’t direct Holden to recall all vehicles, as it’s not an ACL issue and thus not under his jurisdiction, he can take a dim view and verbally hammer Holden for such poor behaviour while finding that the fault IS a major fault under ACL.

But going down that path would have required you getting your ducks in a row. However, if you went down that path and if you got a such an outcome (major fault under ACL) that would have been a hugely important result. That’s because the regulators would then have to pay serious attention to this issue (and can no longer remain silent).

In any case, you took appropriate steps to get the outcome you desired in getting the issue fixed so congrats.

But if possible, can you get the dealer to take picks of the old rack connectors (& part number stickers) as well as the new rack connectors (& part number stickers) so we can see if the local fix contains the gold connectors (as is done with the Chevy US recall).

If you can get such pics, please post them here so we can all finally see whether the fix is the same as the USA recall solution or whether we are still being short changed in some way...

PS: also tried to download your CAT judgment from the MyLink map thread but it’s no longer available. Also tried finding it within NSW CAT web site but had no luck. Can you provide a copy?

Didn't we already work out the part number has not changed for the Steering rack?

 

[Skylarking]

Didn't we already work out the part number has not changed for the Steering rack?

I know that some have posted their invoices showing the new rack part number and associated bits all listed as $0 warranty cost. I don't remember anyone making a statement on what their old faulty rack part number was... just that it was 'updated' with the new rack.

It is conceivable I could have simply missed the post with the definitive answer so do you have a reference you can point to?

Me, I'd still like to see unrefuted proof via pictures that the issue has been correctly addresed by a new rack with beefed up connector connection to the rack itself and with a connector containing gold pins. From what i've read, only such a solution kills fretting corrosuion for good and it was such a rack that was part of the US recall... I see anything less occuring down under as simply pushing the problem forward... to when Holden is no more... maybe...