Taking Car Dealer to Tribunal - NSW (VW Polo 2015 Comfortline 81)

LChrod on 09/09/2021 - 22:10
Last edited 10/09/2021 - 09:40 by 1 other user

Hi all,

Just after some advice from anyone if possible and thanks in advance. Trying to be as vague as possible here, state is NSW. If this post goes against guidelines, apologies.

Purchased a vehicle new, and 6 months out of 4 year warranty have had several issues with key components of the vehicle. When the first issue presented (non-mechanical) I was charged to have the 2 issues fixed, and paid the invoices.

These seemed to be the tip of the iceberg as new issues (mechanical, computer, dash) all began to appear as well as poor worksmanship (parts not secured properly, dash errors as soon as I left the workshop).

I am now faced with a vehicle that has repair works that were paid for and have failed, and new issues that have arisen since, which are not rectified. Fair trading's resolution was unfair (under market value offer, didn't address money paid on works that were not fixed) and would ultimately benefit them to resell (full log books service history despite issues).

I have a full timeline of detailed events, but does anyone have any advice on what to take to the tribunal?

Thanks.

Automotive Volkswagen Polo

Comments

  • Bafranz on 09/09/2021 - 22:14
    +2

    Can we get a make and model? Or worried about getting detectived..

    • Chrod on 09/09/2021 - 22:49
      +1

      European hatch

      • Muzeeb on 10/09/2021 - 06:04

        MB A Class is my guess but I am confused by a 4 year warranty.

        • Chrod on 10/09/2021 - 09:11

          Not as flashy as a MB, vehicle is a VW Polo 2015 Comfortline 81.

          • Muzeeb on 10/09/2021 - 09:25
            +3

            @Chrod: Looks like you got a Friday car. Car was a good 6 months out of warranty when issues began and is now nearly 7 years old.

            Personally I would just treat it as a life lesson in owning a Euro car and move on. Not worth the money or the energy to battle it out.

            I am assuming the car is still safely drivable of course as you have not elaborated on particular issues or is the 7 speed DSG giving you grief?

            • Chrod on 10/09/2021 - 09:38

              @Muzeeb: Yeah, definitely a Friday car - dealer manager even said "you just got unlucky with this".

              I think I'll treat it as a life lesson once I've gone down this route - I don't see why dealers should be serving life lessons and there is no framework to regulate/punish that.

              Car still has underlying issues, and given it's history (faults I think class as major, being as unbiased as possible) we're using it to go to the shops if needed but otherwise have been borrowing other cars for longer trips.

    • JDMcarfan on 09/09/2021 - 22:51

      This! We're all curious and it might affect our ability to help and gauge your chances.

      Also was this purchased at branded dealership (same brand as car e.g Used Toyota at Toyota Dealer)/ different branded dealership (Used Toyota purchased at Subaru Dealer)/3rd Party Dealer (Complete Scumbags like CarCity)? Again would help us guide what to expect and hopefully some helpful solutions

      • Chrod on 09/09/2021 - 22:53

        Vehicle was purchased new, make matched the dealer

  • deme on 09/09/2021 - 22:19

    Purchased a vehicle new, and 6 months out of 4 year warranty have had several issues with key components of the vehicle

    How many times have I posted this on here?
    https://www.accc.gov.au/consumers/consumer-rights-guarantees

    Do yourself a favor, small claims tribunal will cost you at least $107 and you can't claim that money.
    Go going Choice https://www.choice.com.au/member/membership-options?ReturnUr…

    And ask them for help https://www.choice.com.au/about-us/products-and-services/cho…

    Also https://www.choice.com.au/transport/cars/general/articles/le…
    More free reading: https://www.accc.gov.au/publications/motor-vehicle-sales-rep…

    P.S. You misspelled Stealer.

    • Chrod on 09/09/2021 - 23:15

      I certainly did misspell haha.

      Thanks the advice, really appreciate and will look at this further tomorrow.

  • bobbified on 10/09/2021 - 07:25
    +1

    Trying to be as vague as possible here…

    And how do you suppose we can help if you don't give us any info?

    • Chrod on 10/09/2021 - 09:11

      Fair, vehicle is a VW Polo 2015 Comfortline 81.

      • Muzeeb on 10/09/2021 - 09:18

        I was way off

      • bobbified on 10/09/2021 - 09:22

        Ahh.. that makes a bit more sense. I've heard about how VW's atrocious customer service from friends who own them.

        If you bought a 2015 vehicle, wouldn't your 3 year new car warranty be out by about 2018/2019 (depending on when in 2015/2016 you bought that vehicle)? Unless you bought it under a corporate program in which it would then be 5 years. We're in 2021 and already past both end dates.

        Are you trying to get things fixed under the original new car warranty or under some sort of other warranty? There's a big difference between the warranties.

        • Chrod on 10/09/2021 - 09:27

          I guess I'm of the opinion that despite a x-year warranty, a vehicle shouldn't be littered with issues after that date and it solely be on the owner. If I'm wrong which I am leaning towards I might be, I guess I've wasted $100 on a tribunal hearing, but I'd rather pursue this avenue.
          Two of the issues that occured, from what I can read of others interpretations online are more likely to be classed as Major faults - not minor.

          • bobbified on 10/09/2021 - 09:30

            @Chrod: That makes even more sense now. You're taking the "ACL route". Fair enough.

            Please don't tell me the mechanical issues are to do with the DSG. That thing is quite costly to fix and there's been a few recalls on the DSG units across a number of Volkswagon-Audi Group lines. I would definitely be pursuing them hard for anything related to that.

            • Chrod on 10/09/2021 - 09:33

              @bobbified: Yes, had several 'gearbox errors' occur.

              • bobbified on 10/09/2021 - 09:59

                @Chrod:

                …had several 'gearbox errors' occur.

                Sometimes error codes can appear during a scan but doesn't affect anything.

                Have you checked to see if there are any recalls on your car?

                Curious to know - how many kms are there on the car now?

                I don't know how technical you are, but it might also be worth looking through the VW forums to see if any of the issues you're experiencing are common. Sometimes there are recalls that are done overseas, but not here. You might be able to present any common issues as "evidence" that it was a known issue, etc.

  • Baysew on 10/09/2021 - 07:52
    +1

    You need to be a little less vague. What is the make and model? Different manufactures will have different policies and history towards claims against them. If you really want to find out other people experiences you need to give them something to go on.

    • Chrod on 10/09/2021 - 09:12

      Vehicle is a VW Polo 2015 Comfortline 81.

  • mini2 on 10/09/2021 - 08:36

    We went to NCAT (good old Fair Trading) 20 odd years ago regarding issues that were present on a brand new car, the FT bloke was sympathetic to the dealer and needless to say, most of our issues remain unresolved. Mediation went nowhere. Went to the tribunal, we're then told we should've got an expert witness type person to prepare their findings at our cost and thrown out. John Cadogan would've been useful lol.

    • Chrod on 10/09/2021 - 09:13

      This is sadly what I'm expecting given the outcome of speaking to fair trading

      • mini2 on 10/09/2021 - 20:51

        Now that we know this is a VW, well I don't like your chances. Was it McCarroll or Denlo's by any chance?

        Have fun talking to head office too if they can be bothered to entertain you in the first place given its age. <5 then you might stand a chance to push this further.

  • [Deactivated] on 10/09/2021 - 10:02
    -2

    Oh, so you bought a 6 year old bottom of the range VW, one that is widely known to be problematic, and you have problems. Interesting.

    • Chrod on 10/09/2021 - 10:13

      It was bought new but thanks for coming - inb4 if it's not top of the range it should break

      • [Deactivated] on 10/09/2021 - 10:30
        +1

        Yeah mate. VW 1.2/1.4 with dry clutch 7 speed DSG are literally seen as disposable cars. They are guaranteed to break.

        • Chrod on 10/09/2021 - 11:10

          I mean, I get that might be the case, but I don't understand how that would hold up when challenged.

          • [Deactivated] on 10/09/2021 - 11:39
            +1

            @Chrod: Well they've had major issues with almost every one that they've produced, so I'm sure they've heard every challenge that's been levelled at them. Bottom line is that the car is well out of warranty, and at this point they aren't obliged to fix it.

            • tonyjzx on 11/09/2021 - 11:52

              @[Deactivated]: youre being a dick here

              this OP buys a VW, I get that people buy whatever but does one have to be an expert on whatever car they are buying

              OP learned an expensive mistake. I find it hard to blame an avg consumer who walked (sleepwalked) into this.

              and then you gets heaps of people here who have stockholm syndrome who still rate VAG cars lol

              OP should patch the car up as minimallty driveable and then trade it in on a Corolla Camry RAV4 thing.

              If I was OP I'd be ultra conserative next time round. Buy an NPC car.

  • spackbace on 10/09/2021 - 12:08
    +2

    6yrs old, which is beyond even their current warranty periods, let alone way beyond the 3yr warranty it came with… You'll be wasting your time trying to take this further. Up to 5 years you might have had a good chance (provided full dealership logbook service history, not Kmart or something), but not beyond that.

    But hey, do as you want. You'll be burning through more of your precious time, than the dealership or manufacturer who just passes it to their law firms.

  • Bid Sniper on 11/09/2021 - 11:39

    Cut your losses and dump / trade in the car for a Korean or Japanese car. Now you know the fun of European car ownership

  • Overclocked91 on 12/09/2021 - 07:31

    You can definitely raise the issues that were repaired once before and get them repaired properly. The others, not so much. I had golf and VW repaired the low-pressure fuel pump under goodwill warranty. Maybe try them?
    Depending on the extent of the issues, you may need to trade it in at a loss.

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