Taking Car Dealership to VCAT

Hi, I purchased a brand new car from a Melbourne dealership in 2021.

Unfortunately I have had a few problems with the car which have not been resolved yet. And as the manufacturer was unable to provide a solution after more than 3 months of waiting and as the manufacturer was unwilling to replace the car, I took the dealership to VCAT.

I have got differing service reports from 2 dealerships. Is there anything else I need to submit as evidence besides that and Photographs/videos? Any advice with regards to evidence to be submitted or documentation would be appreciated. If anyone had a personal experience at VCAT with reference to their own car, would appreciate you sharing information.
Car is a Chinese brand SUV, made in China.

I am only wanting to know what evidence has to be filed so I can have the documentation ready for submission.

Comments

  • +21

    Who would have thought that there would be problems with a Chinese suv?

    • +5

      I did think of the problems, just didnt think it would be a safety issue

      • Im sure VCAT will let you know what they require and if they are in a position to persue the matter.

        Dont forget the dealership will have prepared a response too and have a legal team behind them. So dont expect anthing amazing or wonderful

        • +1

          I am not expecting anything, i completely expect the dealership to come with their legal team.

    • +3

      I was expecting it to be a Jeep
      .

    • Tesla Y perhaps? lol I have seen Chinese Elon Musk

    • -1

      LOL, LOL, LOL, LOL, LOL, LOL

  • What’s the problem? Is it a broken window switch or a transmission that only goes into reverse? That is, a problem you can live with or something that makes it undriveable?

    • +3

      The side view mirrors close in at times. 4-5 times in 22000 km

      • +3

        So kinda dangerous. If i was the dealer I’d be disconnecting them in the short term so at least you could drive the car.

        • +10

          Well the issue is vicroads handbook says the car is not roadworthy and the cops say they will book me if i am caught on the road with folded mirrors.
          I am afraid if the mirrrors fold in while merging onto the freeway /switching lanes and i have an accident i will be liable. Tricky one, isnt it?

          • -7

            @Bargain85hunter: And they stay folded? Or if you hit the button they fold back out? How do you currently fix it?

            Can the dealer even fault it? Can you regularly replicate the fault or is it totally random?

            And no copper is going to book you for folded in mirrors if your vehicle has an internal rear vision mirror.

            At the end of the day, 4ish times in 22,000 (guessing 2ish years of driving) is not going to constitute a “major” fault.

            • +6

              @pegaxs: Yes they stay folded. Dealer cant fault it. Completely random.
              The fault can be over ridden by operating the manual switch and by restarting the car.
              Copper can book me - confirmed it because they showed me the handbook and referred me to ask vicroads in greater detail.

              • +2

                @Bargain85hunter: Yea that’s cooked. Good luck in your fight mate, doesn’t sound safe at all.

              • -3

                @Bargain85hunter:

                Copper can book me - confirmed it because they showed me the handbook and referred me to ask vicroads in greater detail.

                Could…. but will they really? Not unless you are doing something else wrong.

                • +6

                  @JimmyF: lol mate, you'd personally rely on the kindness of a freaking police officer? I wouldn't take that gamble

              • @Bargain85hunter:

                fault can be over ridden by operating the manual switch and by restarting the car.

                To clarify - do you have to do both to resolve the issue or just one of them?

        • +3

          A minor fault that cannot be repaired, or a series of minor faults that cannot be rectified can then be termed a major fault and a refund is warranted.

          • -1

            @Brian McGee:

            A minor fault that cannot be repaired

            The dealership cant replicate the fault, how do you propose they "fix" it??

            a series of minor faults that cannot be rectified

            4 times in 22,000km/2~ish years is hardly a "series of minor faults".

            While I agree there is a warranty obligation there, it is impossible to fix something that happens once every 6 months and if fixed by just hitting the manual fold out button and it would not be deemed a "series of minor faults making it a major fault worthy of replacement/refund"

            • @pegaxs: The OP mentions 2 more faults and waiting for 6 months for repairs.

              I suggest they actually do some diagnosis for the potential fault rather than press the button a few times or go for a ride around the block and say NFF.
              What could cause mirrors to fold? Faulty switch? High resistance in a connector? Short circuit in a connector? Poor earth contact in the door? Fault in the BCM? I don't know them all but there are a few things to look into.

              And then theres the thoughts of a 'reasonable person' under ACL, would you buy a car with 3 faults? One of which is a safety concern.

              • @Brian McGee: A: assuming that any of these faults are actually faults and not driver error/the way the car functions (god knows the amount of times I have spend hours chasing a fault to find it's just driver error/interpretation)

                B: You cant diagnose something that isn't happening. it's 4 random events in 22,000km. Do you suggest that the dealership keep the car for 22,000km for diagnostic purposes? Bring it back when you can replicate the fault on a regular basis. Until then, if they fold in, use the manual button to fold them out once every 6~8 months.

                C: It isn't a safety concern, because even OP has said that the fix for it is to "press the manual button"… once every 6~8 months.

                Is it a shit problem to have, absolutely. I hate finding problems with intermittent issues on cars, but VCAT is not going to order MG/Haval/whoever to buy back the car or offer a replacement over an issue that cant be made to fault so technicians can trace it and is so minor and irregular as once every 6~8 months.

                I'm glad that OP has taken them to task, and more people should stand up for their consumer rights, but there is a big different between a minor issue, 4 times in 22,000km and your engine bay spontaneously catching on fire.

                • @pegaxs: You are focussing on 1 issue happening 4 times, what about the other 2 issues?
                  We don't know how minor or major those faults are. And a seires of minor faults that cannot be repaired in a reasonable time can be deemed a major fault.

                  • +1

                    @Brian McGee: Hi Brian, actually that is something i did pick up in the ACL - 2 more minor faults can be deemed a major fault if not repaired in a reasonable time frame.

                • -1

                  @pegaxs:

                  OP has said that the fix for it is to "press the manual button"… once every 6~8 months.

                  you missed the bit where the car needed to be restarted? Yes, a pain but not difficult in many situations but impossible in others (a highway for example)

                • +1

                  @pegaxs: You're a mechanic, gotcha. I can see why you're so defensive.

        • +1

          Considering it's a a safety issue that could result in an accident killing people ???

      • It doesn't matter what car you buy, manufactory wouldn't replace it with a new car for faulty folding mirror.
        You can always disable it. I know its major issue for you but technically its not, so you might have to wait.

  • You may have some redress under ACL
    https://legalvision.com.au/the-acl-and-lemon-laws/

    Look at getting an expert report:
    https://www.automotiveexpertwitness.com.au/

  • Lol before I got to your last line I was thinking MG

  • +1

    Is it not an option to disable folding mirrors with an appropriate scan tool?

    • +1

      Yes if power mirrors are disabled it seems the fault doesnt occur. But then it means the feature of power folding mirrors is gone from a new car. Thats the dispute.

        • +1

          I do, because that way i know i have locked my car.

          • @Bargain85hunter: Fair point.

            What if you give up this feature and accept a slight refund and get to keep the car ?

            • +1

              @HardQuiz: Well if they agree to disabling the power mirror mode permanently then they would need to talk about a partial refund, but the problem is there are 2 more faults in the car that they havent resolved, one of these are pending for 6 months now. Hence i asked them for a replacement. The other faults i classed as minor because the vicroads handbook doesnt mention those 2 features in anyway.

        • +4

          Cause who wouldn't want their new car to have features that don't work?

        • +1

          Would you pay new car price for a new car with a safety issue that will waste your time, result in police fining you and be life threatening?
          Or leave them permanently disabled and offer a discount on a broken car?

          • +3

            @Sinnerator: I agree, i am not saying the manufacturer or dealer sold a defective car 'on purpose'. The problem is they are not able to acheive a solution despite trying.

  • +1

    You’ll have to submit key communication with the dealer/manufacturer.

    Expert report maybe.

  • Unfortunately I have had a few problems with the car which have not been resolved yet.

    You have had one issue, not a 'few'.

    • -3

      Oh, it's apparently "a few" now that their original story just wasn't cutting the heart string mustard.

      • +3

        Mate, i never asked for troubleshooting, i have only asked for assistance with documentation.
        And if you read my big post I did say a few issues the first time itself.

        • -1

          "Mate", I work as a diagnostic technician, this type of work is my bread and butter. Chasing weird, shit, random, intermittent problems is basically 90% of my job. I work with a lot of customers with faults as an independent mechanic to get them paperwork so they can fight against their vehicle's manufacturer and the selling dealer.

          I am not trying to "diagnose" your car, I was trying to help set up a trail of evidence/potential questions you could possibly use to help your case. I have experience with customers of mine going to NCAT using information I have helped them prepare. At face value, your case has little merit for a "refund/replacement", but may have other avenues open for a resolution.

          So, I wish you all the best and have fun at VCAT getting your "refund/replacement" over folding mirrors that faulted 4 times in 2 years.

          • @pegaxs: One of the Manufacturers service centres agreed with all 3 faults. The selling dealerships service centre said 'unable to Fault' and then the manufacturer said' waiting for chinas technical team to give an update for 2 faults'

            Fyi, when the folding mirrror fault occured i did take the car to the dealership service centre to daignose which is mentioned on the report.
            Besides that i am going to take a independent Mechanic inspection report to provide to VCAT.

            I am happy for the VCAT member to throw the case out because atleast if i have an accident tomorrow because of the mirrors, i can say i said there was a problem with the mirrors. I am just trying my best to cover myself

            • +5

              @Bargain85hunter:

              if i have an accident tomorrow because of the mirrors

              You know this will never happen don't you.

              Your mirrors will fold in randomly one day. You will notice it either as it happens or when you go to check your mirrors.

              You make a mirror check before performing any safety critical manoeuvre like a lane change. In this event you will use a head turn to check what your mirrors would have shown you because you will also be doing a head check of your blind spots at the same time (as per this almighty handbook you keep referring to).

              It will be an inconvenience, but you can then pull over safely and reset your mirrors.

              Alternatively, have the mirrors set outwards permanently until a fix becomes available.

              You can tell your car is locked by locking it as you leave and hearing the actuators click or observing the indicators flash / horn chirp etc.

          • @pegaxs: With your history you’re probably doing the same thing I am with the evidence cited in this thread

          • @pegaxs: not sure why you were downvoted… you are making logical sense to me.

            Usually a "replacement" has to be over major issues, not folding mirrors. I can sympathise.

    • +1

      Well one major issue as per the roadworthy handbook.

      The other issues are android auto not functioning at times and the fuel gauge never showing fuel unless the level is dropped to below 75% before the next refill.
      As mentioned I have called these minor issues only because they are not in the vicroads roadworthy handbook

      And because I do drive 400+kms sometimes in a day, I don't like to risk not having enough fuel in the tank.

      • Which MG model is this again?

        • Cant mention the brand as its at VCAT.

          • +1

            @Bargain85hunter: " the brand as its at VCAT."

            What? Have you forgotten it already and need to see the badge?

            You may be constrained from mentioning the case - there is absolutely no legal, moral or ethical reason not to say what the vehicle is.

      • +1

        The fuel one sounds normal, lot of cars are like that.

      • Well one major issue as per the roadworthy handbook.

        Its not a major issue as you said yourself you can turn this feature off which removes the safety 'issue' you are having of the mirrors folding in while driving.

        The other issues are android auto not functioning at times

        Change your cable, restart your phone. Most likely will fix it. Also not a show stopper or reason for a 'return'.

        and the fuel gauge never showing fuel unless the level is dropped to below 75% before the next refill.

        But it works correctly below 75%? Most gauges are like this. On my car, the first 1/4 is about 1/3 of the tank, the bottom 3/4 is equal to 2/3 of tank.

        And because I do drive 400+kms sometimes in a day, I don't like to risk not having enough fuel in the tank.

        Then go fill your car up before your big drive.

        I'm not sure how this is really an issue, the gauge is working, so its not like some holdens that use to say you had 1/4 of tank but it was empty.

        Your issue is it is saying its full but could be anything between 3/4 and 4/4 and you might have ran out of fuel is a joke. If it was showing 7/8 of a tank would you go fill it up before your trip?

        There is nothing stopping you topping your tank off before your big trip. I top mine off when fuel is crazy cheap even if I have 7/8 of a tank on the gauge.

        • +2

          The android auto is actually a manufacturer issue happening in new cars at the dealership too.
          The fuel gauge also happened to a few customers - the manufacturer is waiting on tech support from china for both these issues as per their email to me.

          I can turn off the power mirror feature but then it means an advertised car feature is not working. .

          However this post is actually about what evidence do i need to prepare for a hearing

          • -1

            @Bargain85hunter:

            I can turn off the power mirror feature but then it means an advertised car feature is not working. .

            But your entire 'case' for a refund is built around this safety hazard…. Which can easily be fixed while driving the car by turning off the feature.

        • +4

          The man bought a new car and it has faults. Sure with a second hand car I make ways to deal with it like you suggested but this is brand new. Make them fix it

          • +2

            @knobbs: I'm not saying the faults shouldn't be fixed…. I'm saying the faults are not a reason for a VCAT 'refund' to be issued. Really seems like the OP has had a change of mind and wants a refund.

            They are 3 minor faults at best that can easily be worked around while the dealer works on it.

            • +2

              @JimmyF: Yes I agree, not a full refund, possible partial refund for the faults if they don't fix it / fix it in time.
              However I feel like the time to fix them has passed as it was bought new in 2021 and is now 2023. I think I would be quite mad with how they have dealt with it.

              • @knobbs:

                However I feel like the time to fix them has passed as it was bought new in 2021 and is now 2023. I think I would be quite mad with how they have dealt with it.

                Hard to say, the mirror issue for example happened 4 times in 2 years, so at most every 6 months. While annoying for sure, its not a show stopper in any way and seems pretty easy to 'fix' when it happens. Understandably it's very hard for the dealer to find/fix this fault when it happens only once every 6 months or so.

                The fuel gauge sounds pretty normal to me for most cars. They sit on 'full' for ages before dropping.

                If the OP wants to have these issues fixed, they are going about it the wrong way in my books.

            • +1

              @JimmyF: Actually i only wanted them to fix the car issues, thats why i gave them 4 months before i knocked at vcat. I literally called them every few days for 4 months to fix it.

              • +1

                @Bargain85hunter:

                I literally called them every few days for 4 months to fix it.

                I bet that wasn't annoying.

                • +1

                  @Muzeeb: Well i think it was annoying for both of us because the repairing delaership said they were waiting for the manufacturer to solve the problem as it was something beyond their control. And the manufacturer didnt take the issue seriously even when i told them i would go to vcat, i think they feel that ACL is optional. But then again, its not their fault i won the lottery with a faulty car.

                  • +1

                    @Bargain85hunter: Just to clarify, are both the manufacturer and the selling dealership joint Respondents in your application?

  • +2

    is there any reason why you don't name the car brand and model to the group? what are you doing is saying the fact rather than fighting behind the curtain. This will keep all members alert if a similar situation arises.

    Earlier in the group, there is a detailed discussion on MG brand reliability and if it's this brand then your post can be added to that link to substantiate the issue.

    MG has perennial problem not resolving the issue and keeps you hanging considering that currently, they are amongst the top selling in a number of cars in Australia.

  • +1

    Have you already been to VCAT? "… I took the dealership to VCAT…" or are you going to take them? Have you submitted an application or not?

    If you have, then the information is likely already set - you can't continually add information/evidence to your application to bolster it. If you haven't submitted an application, then you'll need to think hard about what resolution you are seeking and need evidence to support.

    As example, you can't just go to VCAT and say '…I want a new car because of a faulty mirror…' Well you can do that, but you'll likely lose.

    You have an uphill battle because the dealership can easily respond '…we did try to fix it…' or '… we're in the process of fixing it but we've just been delayed…'

    Putting all that aside, EVEN if you win the best compromise I suspect would be that they fix the car and might compensate you for the time.

    Plus VCAT is powerless to make them do what is agreed at the hearing. If they agreement is to pay you $5000 as compensation, if they withold the payment then you'll need to go to Magistrates Court to seek resolution.

    You'll need evidence to demonstrate that the dealership has not done what they're meant to do. Eg. contract or warranty conditions. Taking 3 months to resolve an issue is, in my mind, not a reason to support providing you a new car. It simply might be a number of exploratory solutions and/or trying a few things before they get to the problem - you've not been clear of the 3 month period and what's happened etc. Eg. they attempted several times to resolve but can't and have informed you that more tests are coming?

    • +1

      Filed the case at hearing in December. Need to supply evidence in a few weeks once VCAT notify me. I am prepared to lose if the Member says that i didnt justify the issues correctly, i just want to be sure I tried my best.

      • -1

        Movie quote: Your "best"! Losers always whine about their best. Winners go home and f$#% the prom queen.

        Just manage your expectations - I suspect your case has been and will be heavily based on emotion. You might lose simply by failing to demonstrate what you're seeking, eg. negligence? In this case the dealership or their representative need not do too much to rebut.

        A proper attempt would be to seek legal advice and review the conditions of sale etc… not posting on OZB with the hope that someone has been in your situation. You haven't presented all the relevant information in your post either for anyone here to 'really' assist at achieving your best shot.

  • +1

    You might want to consider adding the importer who is deemed the manufacturer under the ACL as a party to the VCAT action. That might give you the avenue of the importer offering redress beyond what the dealer is prepared to do. Also it puts pressure on the manufacturer to find a fix. See attached link for adding a party - https://www.vcat.vic.gov.au/case-types/join-vcat-case

    • +1

      Actually i hadn't thought of that. Thanks for the advise.

      • +6

        Thanks for the advise.

        Classic ozbargain.

  • This is my serious contribution to your plight.

    The side view mirrors close in at times. 4-5 times in 22000 km

    I suggest that you confidently pick a number. 4-5 times does not inspire confidence in your experience.

    I would have a log of the date and kms on the vehicle for every occasion that it happened and use that as part of your submission.

    • Yes i actually do have the dates and drove the car with the power mirrors closed into the service centre.

  • +8

    Everyone is arguing about the merits of your case, but I know your question was 'what evidence do I need to present'

    What you need to do is

    1. what are terms of the contract (warranty book) and what are the other laws on which you rely (eg ACL - note, you dont need to give evidence that a law existed, but you need to be able to say you are relying on that law)

    2. what is the breach you allege (which is a combination ie there is a fault and that the fault should be repaired under warranty; that a particular law has been broken

    3. what evidence will show that breach has occurred eg evidence of the fault (basically, what evidence do you need to show that the alleged breach occurred)

    4. what evidence will show the breach has occurred because of a defect in the car (and not the user) - this will likely require you to state when things happened and what you were doing at the time

    5. do you know what arguments the dealer/manufacturer are making to reject the claim - if so, what evidence do you have that their arguments should not be accepted. That might be evidence (eg: despite them being unable to replicate the problem, you have evidence there is a problem; or they havent done the right tests) or might be legal argument (eg their argument is wrong at law because they still need to fix it under warranty etc)

    6. what are your damages - are you after a fix, a work around with compensation (eg turning off the electrical mirrors), what is the compensation you are after in that case, how do you justify that compensation (comparison with equivalent car without electric mirrors?). you cant just say 'I've proven there is a problem' you need to prove you are entitled to a remedy

    basically: existence of a contract or law (what are the terms), breach of that contract or law (what is the breach), show the breach was caused by the manufacturer (who caused the breach), evidence to overcome any defence and evidence of loss/why you are entitled to a remedy (what is the loss)

    • +1

      Thanks this was what i was trying to understand

  • Have you read the VCAT info about potentially having to pay the other parties legal costs?

    • Yes. Its in rare circumstances. But its a definite possibility when the party ask for an injunction. I have not asked for an injunction as other car users dont have the same problem

  • Since the original faults have been updated, have mg auto fold in mirrors randomly fold in is annoying, but if it’s overridden with a button push it’s not too much of a problem. Dealer should replace mirrors and whatever control module is there. If that doesn’t work, it’s probably a short in the wiring and might need a new loom.

    Android auto? In my experience it is just not reliable. There are so many things going on between phone model and headunits (especially cheap systems) it’s not surprising it doesn’t work sometimes. I’ve heard of some phones (especially budget phones) just not connecting with a particular brand head unit. Get a replacement headunit if you want better reliability, maybe upgrade your phone. Check out a (insert brand) user group on Facebook or forums and ask what they have success with. Maybe ask the dealer to buy back the old one.

    Fuel gauge playing up? Not uncommon. Probably the fuel sender. Get the dealer to replace the fuel sender/pump unit.

    None of these are refund the car material.

    • +1

      You could be right, but the problem is the dealership has to do it. They already changed my instrument cluster and nothing improved. I have told them that they can take the car for repairs and take their own time as long as they give me a hire car in the interim its fine. So if they can repair the car, i am happy to withdraw the case at vcat

  • Legal representation?

    I've been through VCAT mediation, maj. court and back to VCAT He had a legal rep and I didn't. I argued that he couldn't have it if I didn't, so off to court for a judgement on this. I won.

    The mouth could advice him outside of mediation but could not appear. I won outright with a financial settlement.

    It's prolly obvious that they will have representation. Check your rights and obligations. They be big guys.

    • That makes sense. Cheers.

  • Is Archi reading this?

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