NSW Chances of Getting Refund for Faulty Holden Car?

[robert70]

Hi

I purchased a 2003 Holden Astra Turbo in May 2016, off a used car dealer. The day after I bought it, it overheated, so I rang the dealer and took to his mechanic. He said he replaced the water pump and the cooling fan.

The car was still using too much coolant and my mechanic said it could be a leaking head gasket. I told the dealer this and he said "No way, there is nothing wrong with head gasket".

He also got another $1000 off me to get a 5-year warranty. He lied and tricked me with a 36 months warranty booklet. Well I can't drive my car now due to continuous overheating.

I rang the car dealer and he said he fixed the head gasket, contradicting himself by saying there was nothing wrong with the head gasket.

I said to him, "What are you going to do about it? He said he's not going to do anything as he said that after 90 days it will have nothing to do with him. So I contacted the warranty company and took the car to the mechanics.

The car has a cracked head gasket/ has a heads engine block, etc. The national warranty company knocked back my claim for engine replacement. So I have filed a complaint form to the office of Fair Trading for the dealer and warranty company and financial ombudsman service.

I want a $1000 refund from the warranty company. What are my chances of getting my car fixed/refunded and getting a warranty refund?

Any tips or help will be greatly appreciated.

Thanks

 

[Lance]

Hi Robert,

It sounds like you are doing the right things. The dealer has guarantees under Australian Consumer Law to provide a vehicle that is fit for purpose, acceptable quality, free from defects and must last a reasonable amount of time. It's a 2003 model bought in May 2016 so some of those things could be subjective.

That said, you had issues from the get go and immediately sought resolution, ultimately identifying the major defects. It sounds like you have a good chance.

Have a read of this blog and it might provide you with a bit more information.
Lemon Car? What You Can Do Under Australian Consumer Law - Legal Blog - LawAnswers.com.au

 

[robert70]

Hi Robert,
It sounds like you are doing the right things. The dealer has guarantees under Australian Consumer Law to provide a vehicle that is fit for purpose, acceptable quality, free from defects and must last a reasonable amount of time. Its a 2003 model bought in May 2016 so some of those things could be subjective. That said you had issues from the get go and immediately sought resolution, ultimately identifying the major defects. It sounds like you have a good chance. Have a read of this blog and it might provide you with a bit more information.
Lemon Car? What You Can Do Under Australian Consumer Law - Legal Blog - LawAnswers.com.au

Thanks Lance

 

[Dup123]

Hi Robert,

I'm having a similar problem with a 2011 Volkswagen golf that has had numerous defects and problems within the 3 month warranty, including an oil leak that the sales manager is claiming are all wear and tear.

I have recently lodged a complaint with the office of fair trading to take it further. I'm curious of your progress? Also looking for any help that can help my case against these slimy salesman?

 

[robert70]

Hi,

It's in the hands of Fair Trading at the moment. I also lodged a complaint to the ACCC. Also, I complained about the warranty company stuffing me around to the financial ombudsman service. I want the $1000 back, in which the slime dealer got me to get with the car.

Yeah more money in his pocket the lowlife. I've requested to Fair Trading that he refunds me $5000 purchase cost or replaces engine at his expense. I'm on a carers pension, I can't afford it