Who Is The Governing Body for Car Purchase Complaints?

TrafalgarSean on 21/05/2018 - 20:54
Last edited 23/05/2018 - 03:47

Hey everyone, I bought a second hand car from a car yard, over 10 years old and 200,000kms. Got it home, and had some issues. Took it to the local mechanic, and the things he found suggested the dealership did a massive dodgy on the RWC.
I have had a few people give me names of people to contact but its been dead ends. When I contacted the dealer, they have refused to send me the RWC, they have basically told me "oh hey its a second hand car they break down it happens" however my mechanic is adamant that this was not fit for use. I have spent money to do repairs but the car, purchased earlier in the year, is still problematic.

Can anyone point me in the direction of the ombudsman I need to speak to in Victoria, Australia. Or am I out of luck?

I have been told that while I don't qualify for the lemon laws warranty as the car is over 10 years old, someone told me because it was a dodgy roadworthy and I have details that the car wasn't operational within 30 days of the RWC.

Thank you in advance!

Automotive

Comments

  • whooah1979 on 21/05/2018 - 20:56
    -1

    I bought a second hand car from a dealership, over 10 years old and 200,000kms.

    https://www.consumer.vic.gov.au/cars/buying-a-used-car/warra…

    What is a used car statutory warranty?
    A licensed motor car trader must provide a statutory warranty if the car:
    is less than 10 years old, and
    has travelled less than 160,000 kilometres.

  • whooah1979 on 21/05/2018 - 20:59

    had some issues.

    what issues?

  • Euphemistic on 21/05/2018 - 21:07
    +1

    10yo car with 200000km is bound to have some problems. If you drove it out s the dealership and straight to a mechanic who told you it wasn’t roadworthy you might have some recourse. If you’ve been driving it for a few months you are out of luck, you won’t be able to prove anything easily and they’ll wriggle out of whatever you throw at them.

    In Nsw at least a roadworthy certificate isn’t hard to get. Check the lights work, the tyres are legal, no serious oil leaks or smoke, the brakes work and the body work is in fair condition and you are good to go. It will not show if the transmission is about to fail or things like that. there are tricks that can cover that sort of thing for a few hundred kms anyway if the dealer is dodgy.

  • Chik5555 on 21/05/2018 - 21:07

    Hi, try Consumer Affairs Vic

  • holdenmg on 21/05/2018 - 21:16
    +1

    s.42A(1)
    You must not sell a car that is registered under the Road Safety Act 1986 without providing the buyer with a current roadworthy certificate, or a copy of it if you need to send it to the roads corporation (VicRoads).
    https://www.consumer.vic.gov.au/licensing-and-registration/m…

  • Randxyz123 on 21/05/2018 - 21:43

    What did the mechanic who inspected the car before you bought it say?

    Why don’t they want to send you the RWC? Call them and say you want it. It’s your car. If it’s a dealer that does roadworthys then they’ve probably done a dodgy.

  • TrafalgarSean on 21/05/2018 - 22:38
    +1

    Engine light came home driving it from the dealer who had closed for the day after I had left. I had booked to have an independent mechanic check it the following day as I do with all new cars I purchase in case something is missed during the inspection. End result was that the fuel filter was shot, and sensors were shot. Due to their condition, my mechanic has determined that whoever did the roadworthy tried to fix it, and has cleared the codes hoping that it would error once I got home.

    Immediately I called the dealer first thing in the morning, and I was met with "well cars do have things go wrong with them all the time."

    Consumer Affairs is who I will be contacting tomorrow.

    They provided a RWC with it, but I feel it was done either in house or through a friends shop. Hence why issues that weren't fixed for the RWC had their codes wiped.

    • apple2016 on 22/05/2018 - 00:00

      How was the test drive?
      If the codes were cleared engine light should have come up in test drive.

      • thatonethere on 22/05/2018 - 07:30
        +1

        My limited knowledge of check engine lights is that they take a few drive cycles before they show up. So a short test drive may not be enough for the computer to trigger a check engine light.

      • TrafalgarSean on 23/05/2018 - 03:46

        Test drive was good and no codes. But that said it is very easy to clear the codes. You can disconnect the battery on my car for an hour and it clears the codes, and obviously they will reappear if the issue isn't corrected.

    • whooah1979 on 22/05/2018 - 00:02

      End result was that the fuel filter was shot, and sensors were shot.

      is checking the fuel filter part of the rwc?
      https://www.vicroads.vic.gov.au/~/media/files/documents/safe…

      • pegaxs on 22/05/2018 - 07:48
        +1

        Unless it was leaking, no.

        It’s usually, windscreen, tyres, brakes, oil/fuel leaks, lights, suspension joints. That’s about it.

        • whooah1979 on 23/05/2018 - 06:10

          thanks.

          This vehicle doesn’t come with a statutory warranty. The used dealer isn’t required to offer a remedy for spent consumables that isn’t part of the rwc.

  • chumlee on 22/05/2018 - 07:46
    +1

    This might be one for the Tough Tittie Committee

  • John Kimble on 22/05/2018 - 07:52
    +2

    Ozbargain. Also for complaints about car insurance, car accidents and traffic infringements.

  • Baysew on 22/05/2018 - 09:03
    +1

    second hand car from a dealership, over 10 years old and 200,000kms

    That doesn't sound like a car from a dealership. Do you just mean car yard?

    • TrafalgarSean on 23/05/2018 - 03:46

      My bad, was a car yard not a dealership.

  • Strahany on 22/05/2018 - 22:09

    I had this happen to me in a private sale with an old car; I insisted on a RWC prior to purchase, which the seller finally relented on. After purchase, I took it to the mechanic to address some known issues, only to receive a phone call detailing how half a dozen issues were present, all of which come under RWC items. I called the mechanic responsible for the dodgy RWC, who promptly offered to fix all of the issues free of charge, as he understood the ramifications to his business. A bit of hassle, but thousands of dollars in repairs for free which I would have had to have paid for (at least partially) had this been known prior to the sale and taken into consideration.

    I would recommend contacting the mechanic ASAP, before the RWC expires. However, it reads as if the RWC has since expired, which makes things extremely difficult since proving that roadworthy criteria was not met is almost impossible, and any current issues can easily be explained away as continued expected wear on the parts.

    • TrafalgarSean on 23/05/2018 - 03:44

      Fortunately I have kept dates and receipts for work done and checks done on this car. I started this thread because I couldn't find a clear person to contact.

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