Advice Needed: Statuatory Warranty Claim

[ix9]

Okay,

I'll be VERY careful with this one. I don't want to tread on any toes.

I bought my car a month ago, some of you know where I got it from, most of you don't.

Within the first 2 weeks of ownership I discovered the vehicle had a few problems. My main concerns being....

1. Oil out the BOV

2. Bubbling noise on boost

3. Gearbox 5th Gear Vibration and Synchromesh faulty between 4th-5th.

I immediately went to the dealer with a documented list of faulty items with the car. I was then told to bring it to "his mechanic".

I called the mechanic, and arranged for the car to be dropped in the following week.

I then had an independant mechanic's report outlining the faulty items with the car.

I then went to the drags last sunday (as some of you know)

The car was then delivered to the mechanic to have the issues on the list addressed and fixed accordingly.

After a call to the mechanic, he said he'd fixed the brakes, seat bolts, and the car was off to Barrie's dyno tune to have the speed sensor fixed. He mentioned the other items on the list he was told NOT to fix, as the car "had been down the drags"

I then went to see the dealer with a status report on my car and to see what was happening. During conversation he stated the warranty was "Null and void as soon as you take it on the strip mate, and your lucky i'm fixing these few things for you"

I said "I don't believe that to be the case" (I researched this BEFORE i went to the drags in case this would happen, and called the ministry of fair trading to double check his warranty obligations, hence the mechanic report prior to the drags)

He said he wouldn't discuss this further until the car had left Barrie's dyno tune and then he'd go from there.

In the statuatory 3month/5000km warranty it states the items in my list are all covered by warranty obligations. There is a clause in it however that basically says "if the customer misused the car which CAUSED the fault to occur then the warranty does not cover THAT PARTICULAR ITEM"

There was no damage caused to my car from doing the 1/4mi. Believe me, if I damaged something I would be more than happy to fix it myself. The dealer's statement that going to the drags voids your warranty appears to be false. And another thing: Both he and I, AND the mechanic KNOW these are the exact same faults listed 2 weeks ago. (The dealer faxed my list to the mechanic when he got it)

I don't want to argue with anyone, be it dealer, mechanic or otherwise. I want to settle this quickly, however I feel there will be issues arising to the effect of above.

If anyone would like to ask me more (who the dealer was, etc) you may PM me and I will tell you. I do not wish to mention names on a public forum. They may well be reading this.

Another thing: You'd think a dealer wouldn't try to wriggle his way out of something like this, I mean, how many people would visit a dealer with a bad rep ? Noone remembers the good, only the bad about a particular dealer.

How do you think this sounds guys ? You reckon he'll make it difficult for me ?

Thanks for any input guys.

-Kym

:burnout:

[GTS-t VSPEC]

Hey Kym,

Sorry to hear about the hassles, I did say that it would get difficult. What about the pistons, is he willing to do a compression test or have you pay for it?

Hopefully you can settle this out of court, because it could get messy otherwise and take months, it will be hard to prove either way whether these things occured before or after the drags and that's what the dealer will use as an argument, even though you have a mechanics report.

Well done on doing the responsible thing and not mentioning any names publicly, it doesn't do the forum any good to bitch openly about anyone.

I hope you can sort this out soon, and get your car back on the road.

See'ya:burnout:

[bully]

Kym

sounds like u have done all right things prior to going to the strip u told him what the defects were so he should fix these as no off the damage was caused at the strip[ -- but i think ull find u may have a fight on your hands

[ix9]

Originally posted by GTS-t VSPEC

What about the pistons, is he willing to do a compression test or have you pay for it?  

After speaking to the mechanic he said "You'd have to get the compression test done, and if the motor's blown the dealer will have to wear it"

So no, he is not willing to do a compression test.

[hks-s14]

Kym

I would say that your warranty claim is within your rights, provided that:

a) the problems were existant prior to you going to the Plex

B) these problems were noted/faxed to the dealer/mechanic prior to going to the Plex.

Anything that went wrong after the plex, well, bad luck.

If the above 2 points are true, go for it, don't hold back.

Mat

[hks-s14]

Dude, compression test is quick and easy...pay for it if you have to as the $20 you pay may save you big $$$$ down the track.

[bully]

kym if i had the meter and specs i do the compression test for u go to automaster etc and just ask to get it done then look up the specs on the net should cost u about 25 dollar while u wait

[ix9]

Originally posted by hks-s14

Anything that went wrong after the plex, well, bad luck.

Thanks for the advice Mat,

YES, I fully agree with that. If i'd caused damage by going to the plex I would have been more than happy to fix it myself, as I know the consequences of going to such an event. The only damage caused was my ego, when the best time I could pull was 14.86

However a dealer using it as an excuse to get out of a warranty claim is just underhanded.

[ix9]

Hmmm. I didn't know a compression test was so cheap. If I prove that the engine is faulty can I make the dealer pay for the cost of the test ?

[bully]

yes u should be able to claim it back --if you get in trouble ill get gaye to take it for you shell scare the crap out of him lol

[bully]

ps -- i seen her make car dealers cry before

[ix9]

remember folks *duck and cover*

If it turns into a bunfight I may need backup

[bully]

remember the name of that TV SHOW

the dealer may need reminding what a good advertising medium that can be:D

[GTS-t VSPEC]

Strich9ine,

Get the compression test done, its cheap and will then mean you get some pistons out of it, if it is f#cked.

I suppose the dealer doesn't know you, therefore when you claim that none of this occurred before the drags he is quite likely not to believe you, it is kind of understandable. In hindsight it probably wasn't worth taking the car to the drags while under warranty, these type of things go on all of the time.

Was the mechanic who did the check fully qualified, or just a friend, it will make a big difference if you have to go to court.

See'ya:burnout:

[ix9]

Originally posted by GTS-t VSPEC

Strich9ine,

Get the compression test done, its cheap and will then mean you get some pistons out of it, if it is f#cked.  

I will do that as soon as I have the car back in my possession. I miss it already

I suppose the dealer doesn't know you, therefore when you claim that none of this occurred before the drags

Well, he knows me well enough by now. He knows all issues happened before the drags, as I went to see him and handed him the list personally.

Was the mechanic who did the check fully qualified, or just a friend, it will make a big difference if you have to go to court.

The mechanic is fully qualified. I don't know him from a bar of soap. He confirmed these issues 1.5 weeks before the Motorplex Visit.

[Pva_Glue]

only advice I can give you is write every thing down and keep the paper works with you...

if the dealers were trying to wiggle way out then at least you have the paperwork with you...

and if some one say some thing and you know they are bull shitting jsut tell them "are you confident wit your statement, and willing to testify in court?" most of them shut up after that line...

cheers

Joe

[Steve]

0.02c worth,

check with the minister of fair trading or whoever it is that deals with these guys - make sure you're not wasting your time on the warranty thing.

did you have the vehicle inspected by the mechanic before the drags? make sure you have supporting documents and statements where necessary. Even a statutory declaration by a mechanic to say 'oil out the BOV = nackered engine' and another from others to say 'saw oil coming out of BOV on XX date' may be enough to prove that the incident was not caused by the drags.

Ultimately, a statement or extract of document from correct department/ministry may see things resolved without a fight

If you can get a statement or extract, go see some fee free without win type lawyers (eg Friedman Lurhie, sing or whoever they are) and see if they will send a letter for you. Even if you had to pay for a letter it would only cost a few bucks.

mmm, think I am now up to about $1.50 so better stop.

Good luck

[GTS-t VSPEC]

Strich9ine,

The only thing with the "oil out of BOV", is they will say that is just the crank ventialtion vapour, and that it was you that detroyed the pistons by racing. It will be hard for any mechanic to say what the real problem was related to without having done the appropriate test, i.e. compression test. So they will say it was normal for the car to do this before, but now after racing you have destroyed the pistons.

I wish you the best of luck, just preparing you for what they will use as a defense. If you make sure you have every angle covered then you will be in with a good chance.

Have you made any modifications to the vehicle since you bought it? Even the fitment of a BOV could leave you without a leg to stand on.

See'ya:burnout:

[ix9]

Originally posted by GTS-t VSPEC

Strich9ine,

The only thing with the "oil out of BOV", is they will say that is just the crank ventialtion vapour, and that it was you that detroyed the pistons by racing. It will be hard for any mechanic to say what the real problem was related to without having done the appropriate test, i.e. compression test. So they will say it was normal for the car to do this before, but now after racing you have destroyed the pistons.

Hmmm.. Interesting point. I'll keep that in mind. However there is a bubbling noise while on boost that was also on my list. This may/may not have something to do with faulty compression.

I wish you the best of luck, just preparing you for what they will use as a defense. If you make sure you have every angle covered then you will be in with a good chance.

Thanks mate

Have you made any modifications to the vehicle since you bought it? Even the fitment of a BOV could leave you without a leg to stand on.

Nope. Not a thing. The installation of the RSM however pinpointed the speed-sensor was faulty, and thus needs to be fixed under warranty though.

[GTS-t VSPEC]

Nope. Not a thing. The installation of the RSM however pinpointed the speed-sensor was faulty, and thus needs to be fixed under warranty though.

That's good for your case, I believe that Barry will be fixing the speed-sensor issue, and sorting out any probs with the electronics/computer side.

The brakes should have been sorted, so it's really just the possible piston problem that is the major sticking point. Get the compression test done, cause then you'll have the supporting evidence.

See'ya :burnout: