Legal Question

ripflare10 · Postby **ripflare10** » Wed Apr 20, 2011 1:27 pm

A friend of mine's car broke down 6 months ago and it turned out he needed a new engine and radiator. So he got it replaced by the car manufacturers and it has broken down again. Now apparently its the radiator that over heated which caused the engine to brake down. The manufacturer is now saying that he still has to pay as its not covered by the warranty to get the engine replaced again.

So now he wants to sue them for not honoring the warranty but is not sure how he goes about it. He was wondering if there was some government place like the real estates have if you have a complaint. Basically wants to check if there is any other way he can go about this with out having to get a lawyer to get them to replace it under the warranty.

Kimmy · Postby **Kimmy** » Wed Apr 20, 2011 1:31 pm

The Motor Trades Association of Queensland maybe?
http://www.mtaq.com.au/

Or Fair Trading?

just SC · Postby **just SC** » Wed Apr 20, 2011 1:33 pm

I believe you will have to go through fair trading.

ripflare10 · Postby **ripflare10** » Wed Apr 20, 2011 1:33 pm

Cool Thanks Kimmy and Steve

Never had to do anything like this before

Kimmy · Postby **Kimmy** » Wed Apr 20, 2011 1:34 pm

No probs

just SC · Postby **just SC** » Wed Apr 20, 2011 1:34 pm

And having a lawyer will work as well.
Could possibly get more out of the situation.
But you have to pay a commission or fee.

Kimmy · Postby **Kimmy** » Wed Apr 20, 2011 1:36 pm

just SC wrote:And having a lawyer will work as well.
Could possibly get more out of the situation.
But you have to pay a commission or fee.

Probably easier to go to Fair Trading or MTA first because they're free.

I've used Fair Trading a few times and they resolved all of the issues for me, including a problem with a warranty.

ripflare10 · Postby **ripflare10** » Wed Apr 20, 2011 1:38 pm

Yeah he wanted to try and not have to spend anything first other wise yeah that was his plan b to get a lawyer

bd-850 · Postby **bd-850** » Wed Apr 20, 2011 1:41 pm

from past expirences, threaten first that you will take them to the Departmant of fair Trading, they will hopefully get scared and fix it or work out some sort of deal. If they Dont, well then ring the Deparment of Fair Trading.

Lethal_1 · Postby **Lethal_1** » Wed Apr 20, 2011 1:43 pm

ripflare10 wrote:.... it turned out he needed a new engine and radiator. So he got it replaced by the car manufacturers and it has broken down again....

Going by this term ...

It was the " Manufacturer " themselves that fixed the " Engine & Radiator " ...

Because it has broken down AGAIN ... To ME ... We're not the experts, they fixed it, they screwed up, THEY can fix it AGAIN.!!

WE are not the mechanics ... It's a brand new car ... They were the last to work on it ... They can fix it ... It's only FAIR.!!

Kimmy · Postby **Kimmy** » Wed Apr 20, 2011 1:43 pm

bd-850 wrote:from past expirences, threaten first that you will take them to the Departmant of fair Trading, they will hopefully get scared and fix it or work out some sort of deal. If they Dont, well then ring the Deparment of Fair Trading.

Haha yeah that works sometimes...

Or just tell them you HAVE already contacted them (even if you haven't yet)...

I've done that

ripflare10 · Postby **ripflare10** » Wed Apr 20, 2011 1:57 pm

Lethal_1 wrote:
ripflare10 wrote:.... it turned out he needed a new engine and radiator. So he got it replaced by the car manufacturers and it has broken down again....

Going by this term ...

It was the " Manufacturer " themselves that fixed the " Engine & Radiator " ...

Because it has broken down AGAIN ... To ME ... We're not the experts, they fixed it, they screwed up, THEY can fix it AGAIN.!!

WE are not the mechanics ... It's a brand new car ... They were the last to work on it ... They can fix it ... It's only FAIR.!!

I 've said what he has told me about what happened. I can not say if there was anything else to the story. I just thought someone may have had a similar experience and may know what to do. He has had the car for a long time. Over the 10 year mark I suggested to maybe upgrade when it first broke down but he loves his car.

Lethal_1 · Postby **Lethal_1** » Wed Apr 20, 2011 3:20 pm

.

Aarrhh ... OK ...

I thought it was your car.? pheeww.!

Well a car over 10 years old, something has to give.?

Most places won't give much more than what the manufacturers offer.

So his 10yo car will depend on how he drive's it.? Maybe there is more to the story.?

bd-850 · Postby **bd-850** » Wed Apr 20, 2011 3:49 pm

ahh ok. most places will only have like a 3 month warranty on parts like that,

a friend of mine has had the same thing, blew the engine because the radiator had a crack in it, NRMA/Ford fixed it, a week after the 3 month warranty expired it cracked the head due to over heating.

they were not going to fix it, but the joys of being a small town, word of mouth goes a long way and now its getting fixed

i thought your friend had a new car, maybe a few more details will help next time.

But still try Fair Trading

ijustatecurry · Postby **ijustatecurry** » Wed Apr 20, 2011 5:59 pm

First things first, is your friend having issues with the local Mitsu dealership who are refusing to repair it under warranty, or Mitsu Australia? If it's just the local dealership he could potentially avoiding jumping the gun by threatening legal action and whatnot by going to/talking to Mitsu's national headquarters. If he gets stonewalled from there, as everyone else has suggested, take it to fair trading/legal action

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