Dodgy?

[XR6_661]

(Posting this here as it'll get more hits than in advice central)

As some may know,

I run into a fair bit of trouble driveline wise…

Now, end of last year I had my driveplate/flexplate, torque converter and pump assembly all replaced…Cost me an arm and a leg.
Probably about 1000km of driving and the car was off the road again, this time, gearbox was shagged.
Left it off the road as I was using my girlfriends Micra as she had her license suspended.

Anyways, took it to a different workshop this time to get the box rebuilt, trans cooler and 3g stall.
Old mate pulled the box apart (free of charge) and has pin pointed the gearbox failure to the PUMP. Which the previous workshop should have replaced.

I have an invoice from the previous shop that says they replaced the pump assembly. The previous workshop also has a ’12 month guarantee’ on all their work…

The bloke at the workshop said to me that the pump was defiantly not replaced 1000km as the amount of wear on it shows otherwise. This bloke has 30 years experience with autos so I do believe him.

Another thing the current workshop said, is that the converter that’s in it now is on it’s way out….Wait, didn’t the previous workshop replace it with a new one as per the invoice??

Now, do I have a leg to stand on it I contact the previous workshop with all the evidence I have and try and get a win out of it?
Considering my new built box is costing upwards of 4g with the pump assembly ALONE costing $900…

Oh and if it helps, I’m pretty sure the previous workshop puts your Odometer reading on the invoice…Could use that to prove the car has only done around 1000km since it was there.

Any advice on what I could do? I feel like I could be flogging a dead horse…

[Futura_2nv]

well thats absolutely shocking but its sad to say that its very common to go on these days, these fellas that rip us off at the time are probably thinking oh they'll never notice because these things werent the cause of the problem but honestly who knows what goes through their minds, trying to make a quick buck seems more likely.

but mate if i were you i'd confront the work shop that said all these were replaced maybe have a letter written out by the fella at the new workshop saying what he has found and what problems you have run into not replacing these parts showing clear evidence that the parts they said they replaced were not and further action will be taken if said parts are not replaced including the damaged gear box and what not. because they have an obligation to up hold and especially with a 12 month guarantee they will have to replace the parts free of charge and since they didnt in the first place which caused more damage i think your well within your rights to i wouldnt say demand that they pay for the other damage caused but its well worth a shot because they did the dirty on you and i'm sure they wouldnt want a bad rep for their business.

but all in all you never know whats gonna happen until you try so i'd say its well worth a shot.

As i live very close to cairns myself i'd be interested in knowing what workshop this is so i dnt make the same mistake and take my car to them

[jcxr]

The initial ripoff merchant will just knock you back because you didnt give him the option of looking at the repairs required. How is he to know that your man isnt stooging him? Its a hard world out there.

[ZA-289]

Yep, you need to get something in writing from yourself and the new mechanic. It shows you mean business. threathen legal action if your claim is not delt with.

[cjf]

Firstly contact Qld Fair trading department and check out your legal standing on the matter, get a reference number from them as well ,then when you have all the facts.
Contact the previous workshop and explain the failure and see if they will cover you under warranty, do this in a polite manner, it doesn't do you any favours to go in all guns blazing and making threats.
If they refuse to remedy the faults then explain the advice that fair trade have given to you and that you will be forced to proceed further with a complaint also explain that they have a legal responsibilty to deliver the service/repair that you have paid for.
Most motor traders will remedy there mistakes as they risk losing their trading licence if a complaint lodged/proven.
Goodluck with it.

[XR6_661]

Originally Posted by cjf

Firstly contact Qld Fair trading department and check out your legal standing on the matter, get a reference number from them as well ,then when you have all the facts.
Contact the previous workshop and explain the failure and see if they will cover you under warranty, do this in a polite manner, it doesn't do you any favours to go in all guns blazing and making threats.
If they refuse to remedy the faults then explain the advice that fair trade have given to you and that you will be forced to proceed further with a complaint also explain that they have a legal responsibilty to deliver the service/repair that you have paid for.
Most motor traders will remedy there mistakes as they risk losing their trading licence if a complaint lodged/proven.
Goodluck with it.

Thanks mate,

I think this may be the way to go.

If it was something small, I'd let it go, but this is costing me several thousand dollars.

Cheers

[ltd]

Originally Posted by cjf

Firstly contact Qld Fair trading department and check out your legal standing on the matter, get a reference number from them as well ,then when you have all the facts.
Contact the previous workshop and explain the failure and see if they will cover you under warranty, do this in a polite manner, it doesn't do you any favours to go in all guns blazing and making threats.
If they refuse to remedy the faults then explain the advice that fair trade have given to you and that you will be forced to proceed further with a complaint also explain that they have a legal responsibilty to deliver the service/repair that you have paid for.
Most motor traders will remedy there mistakes as they risk losing their trading licence if a complaint lodged/proven.
Goodluck with it.

Very sound advice.
I'd make sure I contact the place that conducted the initial repairs and tell them of the failure. If it is still in the warranty period, then it shouln't be too hard to get reparations. If they refuse, then contact Fair Trading. I'd also tell Fair Trading that you believe the place you went to was fraudulent and deceptive and you have hesitation in taking the vehicle back to them; incase they may falsely claim something else not covered by their warranty is broken and they wish to charge to repair it to cover their costs.

[auxr]

Good advice provided by cjf - sorry to hear of the failure of some expensive componentry.

here's my 2c worth - I would firstly discuss with the manager of the shop, in a courteous manner, the basis of your complaint. Have the pump with you as evidence, ask beforehand what was replaced,repaired. Know what your warranty entails. The more homework you do before hand, the better armed you will be when discussing the matter.

You will then know how far to take the matter.

You should also be aware that one of the first things that may be discussed - has the transmission been flogged to death and componentry failed.

There is usually two, or even three sides to every one of these complaints, and I am not saying whether you may be right or wrong in this instance, but I would not consider it beneficial, should you consider naming the workshop in a public forum.

There are Government organisations available that a complaint can be made to try and mediate the matter, but I would certainly have my facts correct, following discussion with the manager of the workshop, before contacting the Department of Fair Trading.

Good luck

[XR6_661]

Thanks for all your advice guys, it helps a lot…

I’ll be contacting the other shop this afternoon and just verbally telling them what the go is, and I’ll follow up with evidence if they request it.

If it was a couple of hundred dollars I’d just drop it and pay…But when a pump assembly is $907 by itself, well, you do the math!

[Rodp]

Originally Posted by XR6_661

Thanks for all your advice guys, it helps a lot…

I’ll be contacting the other shop this afternoon and just verbally telling them what the go is, and I’ll follow up with evidence if they request it.

If it was a couple of hundred dollars I’d just drop it and pay…But when a pump assembly is $907 by itself, well, you do the math!

Did you document it all with photographic evidence when your mate pulled it apart...? Is it too late to do so?

[XR6_661]

Nope, it's all still pulled to bits in his workshop pending my decision on what to do regarding the other workshop.

Would it be worth my while to document with pictures?

[nstg8a]

i think the fact you didnt give them a chance to remedy it before you had it dismantled by another workshop wont help your cause.

may i ask, if you had a warrenty on the work done why did you not take it straight back to the original workshop at the first sign of trouble?

[XR6_661]

Because I dismissed it as being un-related to the work that they had done. Plus, my mate who's a mechanic referred me to the new workshop and told me some horror stories about the previous shop....I did what anyone else would do...

And to quote what ltd said, "you believe the place you went to was fraudulent and deceptive and you have hesitation in taking the vehicle back to them."

[Professor Farnsworth]

i'll add my experience:

when i had problems with a car, i was told it was up to me to find an independent adjudicator to prove that the issue existed, and to detail what it was, THEN the consumer affairs will step in, assess the case, and decide if they want to pursue it on your behalf.

I'd say that since you've had another crowd look at it, that's your adjudicator. I think you have a case.

[StrokedXT]

Wouldnt the first thing to do be ring the original repairer and ask first before running off to fair trading or asking on a forum, if you dont get the answer you wantthen take it further.

[XR6_661]

That's why I asked on a forum first mate, so I knew which direction to go in.

[Professor Farnsworth]

Originally Posted by jeep_by_ford

Wouldnt the first thing to do be ring the original repairer and ask first before running off to fair trading or asking on a forum, if you dont get the answer you wantthen take it further.

yes most consumer affairs groups require you to make reasonable attempts to resolve the issue with the vendor prior to requesting their services. no harm in him asking here though, people have given the correct info anyway.

[MITCHAY]

It has been suggested to me previously when you have parts (costly ones) replaced to ask for the ones they took out.

Just something to remember in future, obviously won't help your case now.

Having an odometer on the invoice would definitiely help I would imagine although they could still argue that maybe the car has been abused. Don't envy your position at all.

[XR6_661]

Little bit of progress, spoke to the 'dodge' workshop and they said to bring the gear in and we'll go from there.

So I'll take the stuffed pump in and friction/clutch plates to prove the damage the pump has caused...BUT, they didn't seem one bit happy I was making a complaint, even though I was polite!

I'd be happy if I just got some kind of compensation for the pump...Considering the bloody assembly is $910 by itself!!!

Keep you guys updated!