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Sudden Loss of Power Steering WHEN DRIVING

VS 5.0

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took it into the Holden dealership and told me they would have a look and email Holden to see if they would fix it out of good will or I would have to pay for it


There is no goodwill about it.....they need to fix it under the law.

Print off those fact sheets that you can access from the links I posted earlier and take them to the dealer.
 

Skylarking

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Full purchase price wouldn't be offered as it can be repaired....
This logic is flawed under ACL.

If the fault can be defined as a major fault, and really it can only be a judge that can definitively determine this in judgment, it is the purchases choice what remedy they choose, not the sellers. Ease of repairability is not a defining factor of whether a fault can or can not be classified as a major fault under ACL.

So, if the purchaser has what he considers a major fault, is articulate and able to argue his view point (remembering the ACCC has given some limited guidenace on this subject - but it is not definitive) then the purchaser would drop the vehicle off where they purchased it from and inform the dealer principle (preferably also in writing) that they are rejecting the vehicle under ACL due to major fault and choosing a full purchase price refund as their remedy (as offered under law). Give them a week to provide the refund and if they have not done so then lodge a case with the state based small claims court.

The sting in the tail for the dealership/manufacturer is that a number of failed attempts to resolve a 'not major fault' (since the ACL does not define minor fault) would then reclassify the problem as a major fault under ACL... So, it really is in the dealership/manufacturers interest not to dick their customers about when they have real problems.

So, if you are diddled by a slack dealer that can't be half arsed supporting the product they sold you, keep good records of what was wrong, how long they had the vehicle when trying to fix it, what they charged you for 'diagnostics', how may attempts they had at trying to fix the same problem, how many different problems you had, etc. Then use this information to classify your issue(s) as a major fault under ACL and either get your money back or watch the scramble as they really work hard to finally fix your problems, your choice. Me, after being diddled about, i'd be more inclined to want a full refund, ymmv.

And on that last not, if a dealer or manufacturer rejects a customers full refund request for major fault under ACL, it must be in writing (at least for VW iiuc but likely for all dealers & manufacturers as doing otherwise would be stupid).

And don't forget, the reason for there laws is due to customers being diddled by retail outlets for far too long. Seems the pendulum may have finally swung the consumers way. So read the law, understand the law, use the law ;)
 

Nathan Walpole

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There is no goodwill about it.....they need to fix it under the law.

Print off those fact sheets that you can access from the links I posted earlier and take them to the dealer.

Even if the car is out of warranty?
And thanks, I will print these off and have a read through! I was told I’d know if Holden were footing the bill tonight but now for some reason they can’t tell me until tomorrow!
 

VS 5.0

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Even if the car is out of warranty?

Yes !

The ACL (Australian Consumer Law) contains consumer guarantees that no manufacturer / seller / supplier can override. Any express warranty that they provide you is in addition to your rights under the law.....not instead of your rights under the law.

A number of us keep stating this and providing the underlying information to support the claim but people don't seem to want to read the information referred to or believe it.
 

Nathan Walpole

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Yes !

The ACL (Australian Consumer Law) contains consumer guarantees that no manufacturer / seller / supplier can override. Any express warranty that they provide you is in addition to your rights under the law.....not instead of your rights under the law.

A number of us keep stating this and providing the underlying information to support the claim but people don't seem to want to read the information referred to or believe it.

Thankyou for all your help! I shall post and update tomorrow when I hear about it!
 

Skylarking

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Yes !

The ACL (Australian Consumer Law) contains consumer guarantees that no manufacturer / seller / supplier can override. Any express warranty that they provide you is in addition to your rights under the law.....not instead of your rights under the law.

A number of us keep stating this and providing the underlying information to support the claim but people don't seem to want to read the information referred to or believe it.
Yeah, i don't undestand why some seem to not want to understand the law and demand the protections that the law affords them. Each to their own i suppose o_O
 

Skylarking

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VS 5.0

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Yeah, i don't undestand why some seem to not want to understand the law and demand the protections that the law affords them. Each to their own i suppose o_O

Yet complain about being screwed over.
 

Nathan Walpole

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UPDATE! Holden has agreed to foot the bill for a new steering rack!
 

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Good news. Thanks for the update.

If you could post any relevant paper work after the job is completed (obviously with your personal details omitted) it would be much appreciated, especially if it lists a description of the fault(s) and part numbers of new part(s) fitted.
 
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