Hey Guys,
I currently own a 2016 Volkswagen Golf AllTrack. I purchased it in July 2016 so it is just over a year old.
In this time i have had it in the service centre 5 times for the same fault. I'll give oyu some background, so i bought the car on July 1st 2016. I am a sales rep for Lee Jeans in Victoria so i drive a significant amount of km's a year. I have driven 36000 km's this year already.
2 Months into having the car i had a sudden fault with the fuel gauge and also the distance to empty dropping to zero and showing a fault on the infotainment screen. I took it back to the dealer and asked them to look at it to fix the fault, they replaced the instrument cluster as instructed by Volkswagen head office and i thought that was that.
2 months down the track same thing happened, i thought it was a bit suss and as i live in Hawthorn i thought i'll take it to a closer dealer. I took it to Bayford in Camberwell and they replaced the same part as instructed by head office.
Another 2 months later down the track same issue, i took it back to Bayford and they did more tests and found it was a short in the wiring loom running from the fuel tank to the instrument cluster, so they had to replace the whole fuel tank, sender unit and wiring loom. That was fine i was hoping they would get to the end of the problem. 3 weeks i drove around without knowing how much fuel i had in my tank. I was on my way to Shepparton when i thought i had enough fuel to get me to Shepparton and i run out of petrol, closest petrol station was 15km walk on a 35 degree day. Wasn't happening i was ropable. They finally replaced my fuel tank and once again was told they were confident that the issue was resolved.
another 2-3 months down the track same issue happened, this time i though thats it i have had enough, i have a lemon here. So i contacted head office and demanded that i get a free service and this issue be resolved, considering the amount of km's i drive my car a month, i don't have the time nor dos anyone as a matter of fact to take there 6 month old car in to get fixed for the same issue 4 times. This time the same fault was found so they put in a temporary wiring loom to bypass the original one to see if that was the problem.
Guess what 2 months down the track same issue, this time i have literally had enough. Volkswagen sent a technician from head office to check over the car and is once again "Confident" the car is safe to drive and the issue will not happen again. I took it back to Bayford and told them i will be contacting head office once again, this time i email Volkswagen's Head Customer Experience Manager and told him my situation, he got back to me pretty quickly whilst the issue was being investigated and at the start was willing to help me out.
This time they replaced the instrument cluster again, now i'm not a mechanic but if they have already done this do you think replacing it again is a bandaid fix? I checked through the ACCC laws to see what Lemon Laws Australia has in regards to this as i would like the car replaced, as mentioned earlier i don't have the time to keep taking the car back to be fixed each time this happens. I found the following need's to happen as a major fault for the car to be replaced but the laws are very blurry and in my eyes the Manufacturer has more power than the consumer.
Major failures:
A major failure to comply with the consumer guarantees is when:
> a reasonable consumer would not have bought the motor vehicle if they had known about the full extent of the problem. For example, no reasonable consumer would buy a new car with so many recurring faults that the car has spent more time off the road than on it because several mechanics have been unable to solve the problem
> the motor vehicle is substantially unfit for its normal purpose and cannot easily be made fit within a reasonable time.
> the motor vehicle is unsafe. What is ‘unsafe’ will depend on the circumstances of each case.
When there is a major failure to comply with a consumer guarantee, the consumer can choose to:
> reject the motor vehicle and choose a refund or an identical replacement (or one of similar value if reasonably available),
or > keep the motor vehicle and ask for compensation for any drop in its value caused by the problem.
So i asked for the car to be replaced as i thought i had a good case. I was told Volkswagen would not replace the faulty car, and they would offer me an Extended Warranty and 2 free services. I knocked this back as an extended warranty is not worth the paper it is written on, due to i would sell the car before the extended warranty even comes up as i drive it so much for work anything over 90000kms is not resell able to receive a decent price on it. I counter offered and asked for all services up to the finish of the capped price servicing program to be free and i would be happy with that. Which i worked out to be $2666 in costs.
I was told that the Extended Warranty was worth $2500.
My question is.
Am i being unreasonable asking for the services to be covered?
Do you think i have a case to take to VCAT in regards to receiving a new vehicle? and also have you heard of anything like this before?
I currently own a 2016 Volkswagen Golf AllTrack. I purchased it in July 2016 so it is just over a year old.
In this time i have had it in the service centre 5 times for the same fault. I'll give oyu some background, so i bought the car on July 1st 2016. I am a sales rep for Lee Jeans in Victoria so i drive a significant amount of km's a year. I have driven 36000 km's this year already.
2 Months into having the car i had a sudden fault with the fuel gauge and also the distance to empty dropping to zero and showing a fault on the infotainment screen. I took it back to the dealer and asked them to look at it to fix the fault, they replaced the instrument cluster as instructed by Volkswagen head office and i thought that was that.
2 months down the track same thing happened, i thought it was a bit suss and as i live in Hawthorn i thought i'll take it to a closer dealer. I took it to Bayford in Camberwell and they replaced the same part as instructed by head office.
Another 2 months later down the track same issue, i took it back to Bayford and they did more tests and found it was a short in the wiring loom running from the fuel tank to the instrument cluster, so they had to replace the whole fuel tank, sender unit and wiring loom. That was fine i was hoping they would get to the end of the problem. 3 weeks i drove around without knowing how much fuel i had in my tank. I was on my way to Shepparton when i thought i had enough fuel to get me to Shepparton and i run out of petrol, closest petrol station was 15km walk on a 35 degree day. Wasn't happening i was ropable. They finally replaced my fuel tank and once again was told they were confident that the issue was resolved.
another 2-3 months down the track same issue happened, this time i though thats it i have had enough, i have a lemon here. So i contacted head office and demanded that i get a free service and this issue be resolved, considering the amount of km's i drive my car a month, i don't have the time nor dos anyone as a matter of fact to take there 6 month old car in to get fixed for the same issue 4 times. This time the same fault was found so they put in a temporary wiring loom to bypass the original one to see if that was the problem.
Guess what 2 months down the track same issue, this time i have literally had enough. Volkswagen sent a technician from head office to check over the car and is once again "Confident" the car is safe to drive and the issue will not happen again. I took it back to Bayford and told them i will be contacting head office once again, this time i email Volkswagen's Head Customer Experience Manager and told him my situation, he got back to me pretty quickly whilst the issue was being investigated and at the start was willing to help me out.
This time they replaced the instrument cluster again, now i'm not a mechanic but if they have already done this do you think replacing it again is a bandaid fix? I checked through the ACCC laws to see what Lemon Laws Australia has in regards to this as i would like the car replaced, as mentioned earlier i don't have the time to keep taking the car back to be fixed each time this happens. I found the following need's to happen as a major fault for the car to be replaced but the laws are very blurry and in my eyes the Manufacturer has more power than the consumer.
Major failures:
A major failure to comply with the consumer guarantees is when:
> a reasonable consumer would not have bought the motor vehicle if they had known about the full extent of the problem. For example, no reasonable consumer would buy a new car with so many recurring faults that the car has spent more time off the road than on it because several mechanics have been unable to solve the problem
> the motor vehicle is substantially unfit for its normal purpose and cannot easily be made fit within a reasonable time.
> the motor vehicle is unsafe. What is ‘unsafe’ will depend on the circumstances of each case.
When there is a major failure to comply with a consumer guarantee, the consumer can choose to:
> reject the motor vehicle and choose a refund or an identical replacement (or one of similar value if reasonably available),
or > keep the motor vehicle and ask for compensation for any drop in its value caused by the problem.
So i asked for the car to be replaced as i thought i had a good case. I was told Volkswagen would not replace the faulty car, and they would offer me an Extended Warranty and 2 free services. I knocked this back as an extended warranty is not worth the paper it is written on, due to i would sell the car before the extended warranty even comes up as i drive it so much for work anything over 90000kms is not resell able to receive a decent price on it. I counter offered and asked for all services up to the finish of the capped price servicing program to be free and i would be happy with that. Which i worked out to be $2666 in costs.
I was told that the Extended Warranty was worth $2500.
My question is.
Am i being unreasonable asking for the services to be covered?
Do you think i have a case to take to VCAT in regards to receiving a new vehicle? and also have you heard of anything like this before?
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