VW Jetta Has Had 2 Major Faults in 5 Years. What Are My Rights?

Update: so I guess no one thinks I have a chance, which is really the info I wanted. Since it hasn't been done before, I will still fight for it and then fall back on a full repair.

Update2: I have received a call from the service tech, they have offered to repair the car for free (no $1000 diagnostic charge). They have claimed this is the final offer. I am still planning to take action against the company through ACCC and also VW. However I will let them repair my car because I need it for work and it is costing me money being off the road. Thankyou to all the kind Ozbargainers who private messaged me with their stories and how they received full refunds. I really appreciate your support! I have contacted ACCC through facebook to get advice on how to proceed. I believe this is a systematic plan by the dealer and possibly VW to take money from customers illegally. I don't know how widespread this is, but they told me if I contributed money to the repairs I would be covered by a 2 year warranty on the gearbox. However because I haven't done this, they won't be covering this. I do have a friend who worked for consumer protection years ago, I will find out if she has any connections I can work with.

1) I have sent an email to VW headoffice asking for a major resolution and also clarified whether charging diagnostic fees is regular practice when dealing with manufacturing faults.
2) I have sent an email to the WA consumer protection office, detailing everything that was happening and to uncover whether I have a leg to stand on.

I wonder if someone who wasn't as assertive would have got this resolution. Based on the comments in the thread, I doubt it.

Update3: I probably won't take this to small claims court to demand a major remedy because of the time, effort and stress, however I passionately and wholeheartedly believe that I would have a case and maybe even win. Especially if all the people who commented about having DSG issues with the jetta sent me a copy of their fault report/warranty repairs. However if I get enough evidence, I will try to set precedence. I just need to show that this has been covered up and that this is a over-represented fault that would have stopped most reasonable individuals from purchasing the car. 118TSI models.

If anyone wants to send me fault reports on their DSG/VW Gearbox/Piston issues:

Please send them to [email protected] (this is my new real working email).


I will not be paying anyone $1000 to fix a fault that is covered by the manufacturers. I am fairly sure this is not legal. It would be like Apple charging you $200 to take your phone apart before diagnosing a power issue internally that was a manufacturing fault.

My opinion still is that VW made the systematic decision to use Rubbish parts in this car and it has had wide spread known issues that have resulted in two major faults. The car was and is not suitable for purpose.

I will then pay to get someone to do a full check on the car and either sell it or

I tried to keep this short and simple… skip to the end for the summary.

My parents purchased a NEW VW Jetta 118TSI from a large dealership in March 2013 for just under $30,000. The car came with 3 years of warranty.

2 years ago:
Major fault with the pistons in the engine, resulting in VW repairing the car for free. I am not completely across what the issue was as I wasn't involved at the time.

1 year ago:
Whenever I borrowed the car infrequently, I noticed that once a traffic light turns green and you accelerate. The car will jerk forward as if skipping a gear. I informed my parents, however they said nothing was picked up during any of the perfect service history. My father either did not believe or realise this was a fault. VW also stated they did not recognise a fault.

2 months ago: I purchased exclusive use of the car from my parents for the trade-in value at the time. They remain the owners.

Last week: I was driving around in the country and after attempting to drive off at a green traffic light, the car failed to shift through gears and the accelerator failed to work. The car started flashing with engine lights etc. I managed to drive back, because I was able to trick the car into shifting gears and once at 100km/h the car was able to cruise along fine.

Now i've taken it to the dealer. They told me that they would only assess it if we payed them $1000+. We accepted this on the condition that if it was a manufacturers fault, the car would be repaired for free.

The diagnostics has uncovered that the car has a major gearbox issue, which has led to a part of the gearbox detaching and leading to shrapnel. They need to completely remove and repair this part. The service tech has told me it is a Major Fault. VW has agreed to cover the costs of parts and labour.

Now we get to the fun bit…

The dealer has come back to us, told us that we still need to pay the $1000 for labour diagnostics. Despite it clearly being a manufacturers fault (VW accepted to repair it?). We have rejected this and told them that the car has had two major faults since 2013. All their new cars offer a 5 year warranty. We expected the car to $30,000 european car to last at least 5 years if not more. VW has already accepted fault by agreeing to repair the car.

The car has done 50,000km in 5 years.

I do not think it is reasonable for this car to have two major faults within 5 years. I have no faith in their repair process and I do not feel safe driving the car following the previous incident. I also believe this issue has been present for much longer and they never picked it up through servicing the car.

I asked the service tech if the first repair and now this repair are deemed major faults. He agreed. I then asked him for a major remedy - refund or replacement under ACL.

The service tech, has told me that it is unreasonable to think the car should last this long without an breaking down. "Do you think every car should last forever without breaking down" - My answer was no, I think my car should last for a reasonable amount of time. He also told me that I had a 3 year warranty and it was now out of warranty. In addition to this he lied to my and told me that the car was a USED car. He then changed his mind and said it was a EX Demo car. The contract says NEW in black and white.

I am not going to lie down, because I think this is a clear cut case of them selling a lemon and then refusing to abide by ACL.

I told him that if he can't authorise a remedy for a major fault. I want to speak to someone who can. He said his manager will call me tomorrow. Following my chat today with the service tech, he hung up on me mid sentence.

I wouldn't mind perspectives and advice. Do I have a foot to stand on. Two major faults within 5 years… I don't think this is acceptable personally.

TLDR: Car is 5 years old, 2 major faults (accepted terminology by VW and Dealer). New incident with gearbox last week. Repairs labour and parts covered by VW as manufacturing fault. Dealer trying to charge $1000 for diagnostics. I want a major remedy under ACL.

closed Comments

              • -1

                @JimmyF: You obviously don't actually know much about this. VW has two different types of DSG, one is good, one is not. Your statement of "reeee all VW DSG sux!!!" is not accurate. The dry clutch 7 speed sucks.

                It is also not the worst,the ford powrshift is. Even

                VW should tell people how they are meant to drive these, but there is plenty of info around now. The 7 speed has dry clutches. Would you hold your manual vehicle on a hill with the clutch? No, so don't do it with a dry clutch dsg. If you must drive like a goose, get the 6 speed, with wet clutches it is much more forgiving of horrible driving techniques. Hell, my Mrs drives her passat and if there's ever a test of dsgs being slipped on hills, she's the one to do it. Strangely our 6 speed is still going like a champ.

              • -1

                @JimmyF: @jimmyF you're wrong on so many levels.

                VW doesn't make the DSG it's a design from LuK Clutch Systems not VW, the other dual clutch transmissions are licensed from Borg-warner.

                • The DQ200 is a dry clutch unit which is lighter to help meet emission standards. It's a crappy unit in general but made worse by people not driving DSG properly, it's got nothing to do with climate but how people operate DSG transmissions. All DSG eat clutches, the wet clutches handle heat better. Creeping in a dry clutch system (regardless of brand) is going to shorten the lifespan of any unit. The wet clutch systems are more expensive, heavier and take higher torque outputs which is why they're used in more expensive models. If they started using wet clutches in lower end models it adds to the price. Nobody forces you to buy a dry clutch system, it's your choice and decision to do so. Buy a car with a historically crappy transmission and then complain it is crap isn't the manufacturers fault. If you want them to improve the reliability of the product then vote with your wallet and buy something else.

                All dry clutch systems regardless of brands are going to eat clutches if you don't drive them properly, whether it's VW, Kia/Hyundai, Ford, Fiat, BMW etc heat kills transmissions and that's not just limited to DSG but also normal torque converter style transmissions. The new dry clutches are able to creep better than the older model in the OP Jetta.

                Their website says drive how you want as it's for the newer updated clutches, not the one in the OP Jetta.

                I agree VW Group are dodgy and make shit products, I agree but consumers need to not just believe the marketing hype and do their own research which the OP clearly didn't do. The car doesn't have to match the driving style of people, a company releases a product which people choose to do. E.g. people not doing their research and learning how a dual clutch transmission works then complain when their "premium" European car eats clutches.

        • I don't really understand what you mean here. I would like to know more. Is this something that I have to worry about once the car gets repaired?

          My mother drove the car for 4.5 years, she used unleaded 98 and serviced it regularly. I find it hard to believe they couldn't have checked that this was slowly happening to the car during these service checks. especially if it is a wide spread known issue.

          • +1

            @hypie: @hypie - The 7 speed transmissions aren't that great but when you don't drive them properly they get get hot and can't dissipate heat as well as the other units. This isn't a fault of just VW other manufacturers are susceptible to heat issues with dry clutch systems.

            I've heard the new 3rd generation (think that's the one but I could be wrong) unit manage heat a lot better but I don't trust dual clutch transmissions or VW so I'm sceptical.

            Modern transmissions are sealed so you can't really check on the health of it without having to do a tear down. You can see if you have signs/symptoms of failing mechatronic units but I'm not too sure on that. If your piston fails again just use aftermarket ones which should fix that problems.

            If you drive DSG like it's intended to be used you can get a longer lifespan out of them and you'll get warranty on the new unit they install. Keep driving the car and see how it fairs in terms of reliability. If you run into issues then look at getting another car (which sucks since it's an added expense) but hopefully it's something you just have to do as a 1 off. I hope they refund you the $1k and your car becomes reliable.

            Here is a good source of information on VW in Australia.
            http://www.vwwatercooled.com.au/forums/index.php

            • @StonedWizard: Hey mate, I got the $1000 waived already.

              Thank you for the info! I guess I will work on driving it properly for a couple weeks after they repair it. The service tech said that because I didn't contribute to the replacement of the gearbox, VW will not offer a warranty on the new gearbox. Otherwise they will give you a 2 year warranty normally.

              I have complained to VW about this.

  • +1

    VW has already accepted fault by agreeing to repair the car.

    Just to point out - this isn't how that works. They can not accept fault, but still agree to fix it as good PR.

    • Do you think they can pull the offer after this?

      • +1

        Of course. They have no obligation to offer you a free repair. But they won't - it'd be a terrible PR look and it's probably already been approved so it benefits noone if they do.

  • +2

    this is a cheap life lesson in my opinion
    1st lesson, dont by a vw outside of factory warranty, ever.
    2nd lesson, refer to lesson 1

    for what its worth i think you are luckier than most when it comes to dealing with vw out of warranty
    go and buy a lotto ticket and live your life.

    • 1st lesson, dont by a vw outside of factory warranty, ever.

      Even in warranty I question if its worth it. Sure its 'free' fixes, but who wants to deal with getting the car fixed all the time, PIA. I'm happy to drive something boring that just works day after day than a broken VW.

  • Any european car, at 5 years old, 50,000kms …. I expect problems, sad but true.

    It is more sad that this is the only reason why I would not ever buy one.

  • +1

    How about asking them to itemize the $1000 and work out with them what is fair.

  • If you have the time and resources, a court battle might be an option. This is especially true, given the recent range rover refund: https://www.youtube.com/watch?v=M8wyLOwC90E (this guy is awesome - you could probably drop him a line with details of your problem, you've nothing to lose).

    News article: https://www.bay939.com.au/news/local-news/98809-couple-puts-…

    • I mentioned this above, but you really should read the articles you reference. That case and OP's case are two completely different situations.

      • I have read the article I referenced, but guilty as charged in that I only read the TL;DR version of the OP's story which says:

        TLDR: Car is 5 years old, 2 major faults (accepted terminology by VW and Dealer). New incident with gearbox last week. Repairs labour and parts covered by VW as manufacturing fault. Dealer trying to charge $1000 for diagnostics. I want a major remedy under ACL.

        That sounds eerily similar to the range rover case to me (I'm not talking about the $1000 diagnostics charge, but about how unreliable and unfit for purpose the car itself is).

        • +1

          Ok, they're not completely different. But:

          OP's car: 2 issues over 5 years.

          Article: about 10? issues over 3 years.

          The car in the article was literally undrivable for most of the time the buyers had owned it. Whereas OP's car was basically fine for 99% of the time his parents have owned it.

  • +2

    Hey mate,

    Just made an account just to comment on this.

    VW knows they screwed up with the 118 TSI engine. Although classed as one of the most innovative designs, it was also one of their worst engines. Talk to your local VW dealer about applying for good will. Most, if not, all customers have been successful going down that route. And VW will pay for everything, except for car rental during the repair routine.

    I, unfortunately, bought a 118 TSI golf last year. 2011 model. After 2-3 visits to the dealer with problems, the service assistant, unofficially, told me the high likelihood of getting it fixed under good will. And, in the unlikely scenario they would not, there was a very good trade in deal for the car (Makes sense, to try and keep customer loyalty, to trade a VW for a VW…)

    Anyways, got the car fixed under good will, then traded it for a korean car. Now I'm a happy camper.

    Good luck!

    • Where are you based, by the way?
      I might also just be luck with the guys in Brisbane being very fair dinkum.

    • They offered my parents $8000 before I purchased the car off them to trade it in. I am VERY glad they didn't get another VW and did not deal with the dealership, who I will name once this has been resolved. People need to know the dodgy dealers.

      I have got the repair authorised for a free repair now (check the update). However I am still convinced we legally are entitled to a replacement or refund.

      Cheers.

  • Is this a dry clutch? VW had major gearbox failure on their dry clutch due to originally they used semi-synthetic oil that lead to a failure on the mechatronics. Later on, they changed to fully synthetic oil. You need to find out whether VW had correctly put a fully synthetic oil for the gearbox during past services because this was a major recall back then.

    Some people don't know this but there are some things that you shouldn't do when driving dual clutch gearbox. For example, no creeping on the red light (instead of press and depress brake to move, you should press). If you do a lot of creeping, it will cause a premature wear on the clutch plate.

    • Thankyou! I am not a car person, so this is definitely news to me. I shall investigate this. I Have asked the dealer to give me a full mechanic workup, to assume me that they will not have any other parts fail and deny responsibility.

  • +1

    If you're still having trouble knowing what all your possible moves are maybe contact this guy: https://autoexpert.com.au/about

    He frequently does videos about lemon cars and consumers rights. Although he won't be able to snap his fingers and fix it for you he can at least point you in the right directions on what paths to pursue.

    For example, here's his video on what to do if you have a lemon car: https://www.youtube.com/watch?v=eGYgIKg27cs

  • I was about to call out the most integral piece of information that was missing from the post, until I found it buried in amongst the bottom of the post. Car is 5 years old, you had 3 years warranty.

    If the issues relating to the latest failure started to occur within the first 3 years and you had evidence that you notified the dealer of the issue within 3 years you may have had a leg to stand on.

    Where in the world could you report an issue with an item/service years out of it's warranty period and reasonably expect repairs or replacements to be provided for free under warranty?

    • +1

      Under ACL. Eg a TV might only have a 1 year warranty, but you'd expect it to last longer than 1 year.

      My dad recently had his dishwasher fixed for free out of warranty because you'd expect a dishwasher to last longer than a few years. Took him many phone calls and threats of ACCC and references to ACL though.

      • +1

        Except under the ACCC's own guidance, their examples only refer to time periods of between 18 months and 3 years. Over 5 years isn't even something the ACCC thinks is covered by the ACL.

        You can't just say "ACL" and come up with a random number and say that it's valid.

        • Yeah, it's case by case I suppose.

        • A lot of it you would think is common sense rulings. i.e. you had a catastrophic engine failure and it was replaced under warranty and then the engine fails again, with both engines lasting under 3 years each.

    • I just had my TV - Samsung UA65JS9000 FULLY REFUNDED 2 years out of warranty for a light bleed issue that required a replacement panel.

      My phone - Samsung Galaxy S8 - with a cracked screen was FULLY REFUNDED over 2 years after purchasing it because the phone stopped powering on after 2 years. They charged me $220 to repair the screen before the assessed the phone. The phone had a major defect relating to the motherboard which cause it to fail. They have since processed a $220 refund for the repair of the screen and I am waiting for my $$$ that I paid for the Samsung Galaxy S8 2 years ago.

      • Yep. Asian services are the best.

  • +1

    I don't understand why people are still buying VWs…. I've never heard anything good out of them.

    • Golf GTi's and R's were basically THE prototypical hot-hatch. But yeah - that's probably the only model in their range I've seriously considered buying.

      • But even they have issues right? like gear box issues? They are probably better to be leased than owned

        • +1

          Yes, but Golfs were cheap enough that you really wouldn't bother. They had decent resale values too - so you'd buy, drive for <5 years, and then resell.

          I think there needs to be some perspective too. European cars are unreliable, but even at say, 2x - 5x the failure rate of Japanese models, the overall failure rate still isn't anything ridiculous. If you bought one, yes it's a risk, but more often than not it's still going to run just fine without issues.

    • Don't ask me… never again.

  • +1

    Sounds like a transmission fault like what Ford Focuses and Fiestas (2012-2016) are having.

    https://www.ozbargain.com.au/node/309284

    • I just spoke to a colleague today who said they missed out on this class action because Ford had attempted to repair the car. Which sounds like BS because the issue occurred again.

  • +3

    Personally I would push for the $1,000 to be waived on the repair by the dealer or VW. Even so $1,000 to fix a transmission with a serious fault on a 5 year old vehicle is still reasonable. I would not jeopardise that offer by chasing a brand new vehicle, which frankly is unreasonable. At the end of the day VW are being good with the goodwill repair.

    Get it repaired and then sell.

    • I have just got the $1000 waived today. However I will still be taking action within reason. Time/stress is probably not worth it if ACCC is not interested.

  • They have already provided an appropriate remedy. VW know their gearboxes are duds so are giving you a free one out of goodwill, out of warranty. The dealership is probably trying to make something out of this with the $1000 charge, although you already agreed to the diagnostic charge before handing them the car. Effectively this charge is fixed, in the past. The $1000 issue is seperate from the warranty/goodwill issue. They (the manfacturer) has made good on the goodwill/warranty, the $1000 diagnostic fee that you were talked into, is between you and the dealer. Your only recourse now is to write to VW head office and try to get them to pay the $1000 dealership charge. FYI Apple do in fact charge you to 'look' at a phone…

    • Negative, the agreement was that we would pay for the assessment only if the car was not facing a manufacturing fault. This fee has now been waived. I do not agree with most of what you have said.

      Yes Apple potentially will charge that fee, however they will refund that fee if it is considered a manufacturing fault.

  • +3

    It's free to namedrop the ACL but do you know how it works in practice?

    Actually filing an application in the Federal Circuit Court is $2,992 + daily hearing fee of $2,241 + your lawyer's fees

    Most businesses know they can treat you as an annoyance up until the point your lawyer serves them a statement of claim.

    • I agree costs is a very important and relevant issue to consider.

      However, for the community's sake, want to clarify for OP and all those reading that ACL is a consumer protection regime that was designed to be able to be pursued in a cost effective manner.

      Unsure where OP is located but for example, in VIC, you can lodge an ACL claim (between $15,001 - $100,000) in VCAT for costs of $475.40 (includes hearing fees for Day 1). These matters are also usually self-represented. Most States have similar small-claims courts. There is no need to go to the Federal Circuit Court for such matters.

      • Yes I don't think Walruspolishing is correct. I also believe that the ACCC can take the issue up if they think it is systematic breaches. It is always worth reporting this stuff to the ACCC. They gather evidence. Finally they can also represent you and if you do win in small claims court, you will get all court costs covered.

  • +2

    I would pay the $1000, and once fixed sell the car and buy something that wont cause you grief.

    Unfortunately, it is out of warranty. Diagnosing the problem takes time which is why they probably said its at $1000. Lucky they're offering anything at all.

    If you arent happy with dealerships dealing in the situation, contact head office and let them know you are being charged $1000 for a diagnosis. Might set off some alarm bells there if this is uncharacteristic of something VW would normally do.

    I do know Mitsubishi said the same thing about my Evolution X at one point that was out of warranty and then ended up charging nothing for repair or diagnosis.

    • I plan to do this, I believe this isn't normal practice. I have also had the $1000 waived. They have told me this is the final offer. However I will pursue it further.

  • +1

    Sell it buy a Subaru

  • +2

    Mate, cop the $1000 and sell it, European car life is not for you if you don't enjoy faults and shelling out mega bucks for getting things fixed.

    • +3

      This is why people get screwed. They just roll over. Big dealerships and those in technical fields like cars/electronics can get away with all sorts of trash.

      • You don't want to get screwed? Learn how to work on your car and do some research before picking up anything.

        • I was not involved in the initial purchase. But I accept your point. However I never would have bought this model if I was involved. I will look into working on my car and maintaining it.

  • +2

    Makes thread.

    Disagrees with anyone that doesn’t hold the same opinion.

    What’s the point?

    • Because I received feedback from successful claimants who offered advice. I did not disagree, I made a counter-argument with most.

  • -4

    OP states that the car has done 50,000km in 5 years.

    No car is flawless especially after 5 years and 50,000km
    There is no proof that any of the issues were not caused by the owner/driver due to the way it was driven or garaged or serviced or mainatained or lack thereof.

    The car is now 2 years out of warranty.
    OP chose to buy the car. It was not forced uopn him.
    Now its OPs problem. Not ours. Not VW's.

    Furthermore OP chose to buy the car with the knowledge of its troublesome history.

    Who buys a car knowing it is nothing but trouble then complains to everyone?

    • Clearly didn't read the thread properly. The fact I bought the car off my parents is irrelevant. I am just representing them as the title has never been changed. What would be the point. I have a good relationship with my parents and they would refund me the money if I requested. I have no intention of doing this.

      People get so stuck on this warranty word.

    • Lol my base model lancer has done 140000km in 10 years with nothing more than oil changes. If you think 50000km is time to accept car troubles, I have some quality European vehicles I'd like to sell you.

      • agreed mate! 50,000km is ridiculous. Also the jerkiness was observable far earlier than that. Some people claim it is the design of the gearbox. But I don't remember the car doing this when we purchased it. It gradually deteriorated.

    • My family's corolla, camry, Lexus and Accord say differently. lol

      Notice a pattern?

  • Based on my family's experience in the recent past, I would say accept the repair as it is a good deal and immediately sell the car and run from VW!

    There is always going to be a next time or another thing with them, the head office gimmick is so they can get you to stay until the really major repairs come along.

    You wouldn't believe our story if I told you given the amount of money spent, but let me put it this way, the lack of a VW badge in our garage has done more for my finances and peace of mind than anything else in the past year.

    • I will never buy a VW again or recommend anyone purchase one. I will also never buy from that dealership, which I will name following my resolution. They need to be named and shamed.

      • Every European manufacturer is like this, I am honestly surprised they fixed the original issues out of warranty in goodwill.

      • What's the problem with the dealership? You're getting a free repair (as required by law).

        • You didn't read the thread did you?

          They tried to charge $1000 for diagnostics of a pretty clear fault that is widespread. I think someone in this thread suggested its an issue plagued by about 50% of these models at around the same age.

          I don't know if this is accurate. However I don't doubt it.

  • OP, I get your point that you have been charged excessive amount to diagnose a, possibly easy for them to predict, fault as it was probably a known issue for that model.
    Talk to a local legal aid/community legal centre. They will give you advice how to make a complaint with the tribunal, which costs about $70 I think. The tribunal can arrange a mediation between you and Dealership. The tribunal will cost you nothing if you lose - however ask a legal person regarding the possible legal fees you may owe to the Dealership legal representative if you lose.
    Or try to negotiate the $1000 down with the Dealer to something more reasonable and avoid further hustle. Offer to pay the labour only maybe? A few hundred $$?

    • Thank you for the advice mate!

      VW said they would cover the parts and labour. Why is the dealer trying to charge me for a pretty clear issue? The car was not switching through gears. I know nothing about cars, but I knew this was a gearbox issue. I'm sure they did too.

      Anyway, they negotiated it down to $300 yesterday which I didn't mention because I knew people would accept it. I have had this reduced to $0 since. However I still plan to take action against the dealership on principal. I would only be able to sell that car for $6000 ($8000 trade in for another VW). The money isn't that important to me, the fact they are systematically covering this up is.

      • +1

        It looks like you don't like injustice and dishonesty. Go get the grubs!

        • That's the plan!

      • ' .. on principle' of what?

        • When you sell a product, it should be suitable for purpose. If it clearly has a major fault which appears to be common knowledge now, they should try to rectify the issue without having the cx judged on a case by case basic. They clearly knew it was a faulty gearbox based on the symptoms exhibited by the car. They are quite aware that this particular model has gearbox issues. They also know that VW would approve this repair.

          You don't always have to perform surgery to diagnose an issue. You definitely should not be charging $1000 to customers and then telling them if they contribute $1000 to the repairs, they will get a 2 year warranty on the replacement gearbox.

          How many customers have been screwed by them in the past, how many have not bothered to reject their charges and just accepted the money making scheme. This is clearly a widespread issue and it clearly has been abused by both the dealer and VW.

  • +2

    Honest to god VW have a million gearbox issues and you bought one anyway and are complaining when it happened?

    It's not a rarity, if you buy an automatic VW expect issues. Literally ANY googling would tell you this. There are class actions about it. VW's double clutch is a total failure. In my opinion it's one of the worst cars you could possibly buy, the rest of the car is irrelevant when a huge part is prone to failure so early in its life.

    Pay the $1,000 and sell the piece of rubbish before it breaks again.

    Note: the dealer isn't VW. It's taking their staffs time to screw around with all this rubbish. It's not them building rubbish products. A lot of dealers sell multiple brands. Ford have a similar rubbish dual clutch transmission and it must be a pain for dealers having all these angry customers. They would much prefer the cars were perfect and they didn't have to deal with these types of issues.

    • Yes but my contract is with the dealership and their contract is with VW. They can do whatever they want to claim a refund for the time spent diagnosing the issue. However they sold me the car and therefore the contract is between the consumer and the dealership. I get they have jobs and need to get paid. I do too. However I don't think this is acceptable.

      By the way, I worked in retail for 11 years… I know what customers rights are. I also understand their perspective. However I am a consumer and I have rights to a product that is suitable for purpose, that was produced in a manner that would suit my purpose and did not have underlying issues that were systematically covered up from customers.

      • It's outside of warranty and you can't prove any of that, which is the point of the class action. The fact they'll offer anything is good enough, sell it before it breaks again. After all they're simply replacing a dud part with another dud so it's a ticking time bomb, an expensive one at that.

        Ford: https://www.gizmodo.com.au/2017/07/accc-sues-ford-over-its-d…
        "of the approximately 70,000 cars sold, about half have had a gearbox repair of some sort"

        It's unbelievable how bad these dual clutch transmissions are. Also consider people have had these die on highways, middle of intersections - potential for injury or death there.

        • Manufacturing Warranty periods offered do not matter when discussing consumer guarantees under ACL. Also yes, I can definitely see people dying as a result of these catastrophic failures. I can only imagine doing a turn across a country highway and have the accelerator fail while crossing oncoming traffic.

          I took every precaution I could, waiting for long extended empty periods so I could cross - on the way home to the VW dealership.

  • +2

    Ah millennials…. My first car I got myself which was I think around $500 loll…Good times… If it started n went without blowing up it was a good day… Still good to know all the issues vw has been having…I'll steer clear n stick to jap crap…

    • Did you buy the car brand new for $500?

  • ACCC won't do F%ck all, I had a 2015 EVO X with grinding gearbox ended up trading it at a loss, You would have to go through VCAT to get compensation

    • Did you make any complaints?

      • Complained to ACCC and also the dealership and also regional service manager.

        My story was it was notchy in 3rd gear (dealership said it was a problem) swapped out the gearbox now 2nd and 3rd gear grind so they changed the shifter assembly and that didnt do anything after the work they said its normal for these cars to grind yet they made the matter worse. Complained to ACCC which was a waste of time and just traded it.

  • +1

    VW Jetta Has Had 2 Major Faults in 5 Years. What Are My Rights?

    i guess as an australian you have the right to make up whatever you want and pester poor mechanics as much as you want without the fear of being assaulted.

    I think its perfectly reasonable to buy a car second hand for $5,000, then go back and ask for a $30,000 refund. I mean if you were really serious, you wouldnt bother speaking to anyone and just get the lawyers straight in. No one is going to get scared of your bullying and hand over $30,000 without a serious fight. These are actually hard working people who have a very good concept of what $30,000 actually is.

    I also think its justifiable to get angry with VW who offered to do about $4000 worth of work for free when they have zero obligation to do so. I would definitely respond by harassing these people.

    • -5

      I love it when people can't read properly. Are you a mechanic? Another great example of someone with zero understanding of the law, clearly should not offer advice on topics they lack knowledge.

      You know, the mechanic gets paid no matter what right? I didn't take the baby food off his child's spoon.

      Also some of us know how to do cost benefit analysis before making significant decisions. Therefore they try to get as much useful precedence before taking action.

      Thanks for your inflamatory input.

      Yes they don't have a legal obligation now, but the key word is they MAY. The fact that they don't have a legal obligation right now because what you think is a binding warranty period has finished, does not detract from my consumer rights.

      I would love to hear a lawyer in this fields opinion. But i guess that costs a lot of money and time. So I'll just send my emails and try to get advocates.

  • +2

    I had a audi q5, shittest gearbox I ever driven. Jerk forward and hesistant before accelaration.
    Sold it no regrets. Don't be fool by the premium, you only paying for the badge.

    • Shoulda bought an SQ5

  • +1

    Just never ever buy a European car. Not once, not now, not ever.

    • Noted, my wife has a Mercedes C200 W205 (2014 or 15) which has been doing pretty well. No major faults so far.

  • Im going against the grain and say take it to court. Given most car makers average warranty is between 3-7 years, you can argue a case that a similar prices car would last this long and given the issues with this specific car (a one off defected car) you are not feeling safe, or feel others would if u sell it, and thus demand a replacement or refund….worth a shot and could set a precedent!

    Most people disagreeing either don't fully understand the rights or as it never happened before are nieve of an outcome, if someone had fought and lost before then I can understand their case but with no grounding its not rasonable for their viewpoint.

    • Thanks mate, agree with everything you said. It's all about precedent. I guess I don't know about historic cases. This is why I wanted to post here. To see if anyone has been successful or failed.

  • The one major issue with the ACL IMO is the vague nature of the wording, which is open to interpretation, such as major, or minor failure. I can’t speak for a magistrate obviously, however I feel that if a product of any kind had a recurring failure then it would fall under a major failure, but a business is likely to disagree as they don’t want to pay you out. This is the problem with how the law of ACL operates, many businesses are aware of the vagarities of ACL, and similarly understand that enforcing ACL requires a court, rather than say an arbiter of some kind. This is a glaring problem IMO because it means that enforcing basic common sense rights require often extraordinary degrees of work on the part of the consumer, but that’s another story I suppose.

    I’d imagine that it’s pretty clear that you have a dud car, however the issue that you must confront here is how much is your time worth to you? Are you prepared to take it to small claims or higher, to try and get a remedy, with the possibility that you won’t get anything out of it? Nobody can speculate to the likely outcome of the court with assurity, so ultimately it’s a case of suck it and see, which requires investment on your part without the possibility of a return.

    If I were in your position, as much as I can sympathise with your situation, and the situation clearly isn’t fair, I would get the car fixed, then I would sell it without incurring more KM’s wherever possible. Now, that isn’t fair to you, however, my understanding is that it took a class action law suit to compel VW to ultimately remedy consumers in the US, which likely would have involved a large firm without a lot of resources.

    So, I suppose, as shitty as the situation is for you, I’d sell it and move on as I imagine that is likely to be the best option that will net you a return without further stress.

    • I agree with most of what you said. I think it isn't worth my time. I probably will just accept the refund. However I think sending an email didn't take much from me. At least they might get in trouble for dubious practice regarding the diagnostic phase.

      The wording is vague, however the service tech clarified to me over the phone that both the first piston incident and now the second gearbox issue are considered MAJOR faults by the company and industry.

      The wording relates to whether or not you would have bought the car given this fault and whether the car performs as you expected. I probably haven't used the right terminology, but you can read through the ACL document to get exact details.

  • +1

    Lol wait a full refund? Man that rarely happens when the car is one year old let alone 5… goodluck mate.

    Took me weeks to get just a tv refunded.

    Get it fixed and trade/sell that shit in asap.

    • Took me a couple weeks too, but it got done (my TV). Just because it is hard, does not mean it is impossible and unreasonable.

  • So $1000 has been waived, and they are fixing the car for free. Sounds like a win win to me. No idea what other compensation you're expecting. A refund for the car will never happen.

    • -1

      Always aim high, means you have a fallback. I still think it is reasonable to expect a full refund for a car that has been riddled with problems. Who knows what else they have hidden.

      I asked for a full mechanic workup as part of the agreement.

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