Lawyer Recommendation - Consumer Law - Motor Vehicle Purchase

[racegtst]

Hi,

Has anyone got a lawyer recommendation in the area of consumer law?

Long story short.

Bought a brand new Holden in February, upon delivery it had the power/eco button was not functional.

All cool as it appears to be a minor fix. They tell me they ordered the part and it takes 5 weeks to get here.

They repair and I go to pick it up and it still does not work, they spend another day trying to work out the problem and then admit that they replaced the dash control board and not the button. The big kick comes when they say it needs a whole new wiring loom. This has been ordered and will be 30+ days for delivery.

I say fuck it and I am not waiting for months and months to sort this shit out and have exercised my rights under the new consumer laws requesting a refund.

So far Holden head office have said it is a minor repair. The interior and carpet and probably dash have to come out to repair, minor, my arse. Holden head office have offered a 1 year extended warranty. NO

Dealer of the garden variety will only do what Holden says so a vicious circle will ensure to wear me into the ground. I am meeting the principle on Tuesday but I already know the outcome. You can keep using the hire car until yours is repaired.

In short I want a refund as this car has not had ABS or airbags operational since prior to delivery. It is unsafe, and I would not have purchased THIS vehicle if I knew the eco button was actually a full wiring harness replacement.

I am prepared to go all the way to treated fairly and get value for the purchase I made not a rattling pile of shit.

Can anyone recommend a good lawyer?

[R3N]

Take it up with the ACCC or Fair Trading?

[S85FI]

DLA Phillips and Fox (Now called DLA Piper) or Allion Legal. Not cheap but have always had the desired outcome.

You will have to pay upfront an estimate to what they think it will require. No money no service.

[racegtst]

R3N - Fair trading are extremly supportive but as the car was purchased by a company they are unable to get involved in a conciliation process but believe it should be settled immediately by Holden/Dealer. Have also advised that Holden have a reputation of fighting tooth and nail until morning of court.

ZZM5 - many thanks - I will give them a call - cash is not an issue. Outcome and service is the desired result.

I am fully aware of my rights and have read the legislation and have received advice from my lawyer in Melborune (who handled the last dick head car dealer that tried to rip me off by passing a stat write off as legit). He just does not work in Perth and my other lawyers specialise in Financial Services law only.

[S85FI]

Best luck with it dude and hope it pans out.

Hate forking out money up front when once paid... see ya later sucker.

These days if I can I only pay 50% and then the rest after a few weeks to make sure that there aren't any problems. Companies seem to fix things and go out of there way to get their other 50%...

[Halle Terry]

Speak to a lawyer first before the ACCC, I have just been in a position where I had to use a lawyer to settle my dispute regarding consumer law - however both my lawyer and theirs were pretty useless considering both of them were wrong in several instances. I'm not going to name them here but I will PM you the names of both firms.

PS do not be worn down by this, persist and eventually you'll win, its could potentially be a long process. Mine's nearly taken 9 months for a resolution.

[racegtst]

Speak to a lawyer first before the ACCC, I have just been in a position where I had to use a lawyer to settle my dispute regarding consumer law - however both my lawyer and theirs were pretty useless considering both of them were wrong in several instances. I'm not going to name them here but I will PM you the names of both firms.

PS do not be worn down by this, persist and eventually you'll win, its could potentially be a long process. Mine's nearly taken 9 months for a resolution.

Cheers for the PM.

I have been down this path before with a BMW M3 that turned out to be a stat write off bought and not disclosed from a dealer. It too took about 9 months.

I am usually up against the banks and the AMP in my job so backing down is not an option. I am not afraid of bigger business and their bully/delaying tactics.

[mARC]

Would you please post the relevant links to the clauses that you're basing your assertions on? They'd be greatly appreciated.

[urabus]

My missus is the ex state manager of Ford. The manufacturers are all scared absolutely shitless of the new consumer laws and are all worried about being the first as it will no doubt open a floodgate.

Reding your comment about you would not have bought the car if you knew you are obviously aware of the new laws.

Yours sounds like a pretty open and shut case. I would politely suggest to the dp that you have no intention of ever driving the car again and have no problems being the guinea pig / test case for the new consumer laws.

My guess is as soon as they get a letter from a reputable law firm thhey will back down at a million miles an hour and make you sign something to shut up.

Brendon

[mys1]

Media - shout it from the rooftop son!

[racegtst]

MARC - section 259 and 260. http://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html

urabus - if I knew the car needed this major repair I would not have bought THIS car. I am also claiming that the vehicle is not safe and that the vehicle can not be used for the purposes that I told them that I required it for. The trifecta of the new laws. They have been tested previously. Last year a guy in the east got a refund from Holden on his Captiva after a replacement engine, gearbox and a few other things.

mys1 - only once it hits the courts, I am sure Facebook tagging all the major car manufactures and political parties in the country will ensure the message gets to the maximum audience.

I have already sent an email direct to Mike Devereux via LinkedIn to ensure this gets escalated quickly and quietly from the top.

There is a reason why they have not given the car back to me but officially they are not saying anything. A reasonable person would deem it to be unsafe for them to provide me with a hire car ( of lesser quality ) for a minimum of 30 days.

[RICEY]

Any warning lights on dash? If ABS/SRS isnt functioning they wont release to car due to liability if you have an accident.

[racegtst]

No warning lights on the dash but they delivered the car that way and I have driven it over 5,500 k's like that under their advice upon delivery that it was only only the ECO button not working.

[RICEY]

What is it? Captiva?

[RICEY]

And what gives the impression the ABS and Airbags are inop if theres no warning lights?

[DISTRBD]

Drive it through the dealers office and set it on fire :)

[mARC]

MARC - section 259 and 260. http://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html

Cheers,

[racegtst]

It is a Captiva and I know where they are manufactured etc.

Ricey - you are correct, if the lights on the dash do not work then the features are deemed to be not operating according to the Dept. of fair trading therefore not safe.

Apparently the design guidelines are that if the warning lights do not work then part of the circuit is broken therefore the system does not function.

Luckily I never had reason to test the safety features.


Bart - it did cross my mind :p

[RICEY]

Do the IPC is the issue? No warning lights illuminate in the cluster when you turn IGN on? Sounds like they already tried another cluster..

[racegtst]

Do the IPC is the issue? No warning lights illuminate in the cluster when you turn IGN on? Sounds like they already tried another cluster..

I believe the IPC has been replaced and it still shorted the loom. When you turn the ignition on a few lights come on but not the safety ones except for the hand brake.

[RICEY]

hrm will look up the schematics later and see where the different circuits share a harness, just out of curiosity...

[racegtst]

Update - It has been agreed that I will receive a brand new car to the exact same specs in exchange at no cost myself.

[RICEY]

Sweet!

[DAN [GTI]]

Good outcome!

[Fozzy]

Pitty the poor prick that buys your old one at some shonky dealer lol!

[racegtst]

Pitty the poor prick that buys your old one at some shonky dealer lol!

Red Captiva built in December 2012, 1st registered Feb 2013.

It will be repaired and sold by dealer is what I have been told.

Apparently it is now only suspected to be the front wiring loom but who knows what will pop up in the future.

[S85FI]

Sweet !

[urabus]

Great outcome! I wouldnt be surprised (despite what the dealer says) if holden have bought the car back from the dealer.

Brendon

[RICEY]

The dealer doesnt own the car, the customer does. They simply take possession and give the customer a new car.

[urabus]

The dealer doesnt own the car, the customer does. They simply take possession and give the customer a new car.

Op is going to have to transfer ownership to someone in order to get his new car. One would assume it will be the dealer and not the manufacturer.

Brendon

[RICEY]

Why transfer to dealer then to holden when it can go straight back to Holden?

[Fukushima]

Update - It has been agreed that I will receive a brand new car to the exact same specs in exchange at no cost myself.

time to find out how well a captiva skids :)

[steve-lang]

Red Captiva built in December 2012, 1st registered Feb 2013.

It will be repaired and sold by dealer is what I have been told.

Apparently it is now only suspected to be the front wiring loom but who knows what will pop up in the future.

I pity you if it was Melville. Just finalised court dealings in regards to a captiva also.

[racegtst]

It has been a while but today I finally picked up my Brand new replacement car and a nice confidentiality agreement. The end result is no out of pocket expenses and I put over 2,000 klm's on their rental car.

Prior to signing any documents I inspect the new car and am happy to report everything works. The thing drives and feels much better than the original one.

Anyway, hopefully this saga is behind me with thanks to the advice and guidance of WA Fair Trading hot line and my Sydney lawyers HWL Ebsworth Lawyers.

Cheers.

[Sully]

So..... Is posting here violating your confidentiality agreement?

[racegtst]

So..... Is posting here violating your confidentiality agreement?

Nope as the details of the agreement have not been shared!

[mARC]

Curious, where you able to recover legal fees to the full extent?

[racegtst]

Curious, where you able to recover legal fees to the full extent?


Posting info above is ok but specific details I will have to keep private