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Motor dealer damages car during service – any remedies?

By Trad_and_Anon 14 June 2011 26

Most grateful for advice. A 12 month old car, purchased new, was serviced as per scheduled service, with the dealership that sold the car. During the service, the mechanics poured 250 ml a “deodorizer” into the air conditioning.  The result is an awful smell, causing headaches, sneezing, running nose etc.  The car is un-drivable because of this smell.

The dealership has had the car back four times to fix it (over a six week period) and whatever they did made no difference. It’s a pity because it is such a good car otherwise.

What remedies are available, apart from the obvious one of selling the car and buying another one. It seems the dealer has damaged the car  – it is no longer fit for purpose.

Is there a government agency that can advise?

Most obliged for advice.

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26 Responses to
Motor dealer damages car during service – any remedies?
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Trad_and_Anon 1:52 pm 29 Jun 11

I’m glad you are having a laugh. It’s nice to be able to help someone. You make me feel so superior. Thank you.
You wrote:
“So, I stand by my post as I wrote it as per the facts you had stated up until that point. But I guess an apology is in order: I’m sorry I can’t read your mind, or read your posts before you write them”
Apology accepted; but don’t do it again.
You should be more careful in future. We actually did not know what they had done when I first posted, but you were eager to jump in with logically odd comment.
The issue, which regrettably you have trouble grasping, is about informed consent. And the law, I am advised – by a lawyer – is on our side.
As for complaining, if you read carefully, I was asking for information. Again, you seem to be having trouble here understand what exactly is going on. I can recommend some remedial reading and reasoning classes that other people who have your problems have found useful. Let me know.
I’m not trying to insult you. I’m sorry if you feel like that. Again, there is help available for you.
As for “off piste, it’s a skiing term meaning away from the groomed runs; and in this sort of context for talking off line or off forum. Clearly, we move in different social (and intellectual) circles.

Trad_and_Anon 1:38 pm 29 Jun 11

wooster said :

Oh, and dont be put off by some of the whingers on this site who seem to really enjoy having a go at people with legitimate concerns.[/quote>

Thanks for comment. Appreciated. Not put off at all. Clearly, I do not have the perfection of FD10. By the way the dealer has now completely admitted what they did. Tried to fix it including dismantling the car. The smell is everywhere. They have now passed it to their insurer. Were consulting a lawyer too.
The smell was even worse when it came back after being pulled apart.
Anyone looking for a 10 month old ***** with a foul smell?

wooster 11:33 pm 15 Jun 11

In fairness to the OP, there are remedies available under the Australian Consumer Law (brought into replace the old TPA).
There are consumer guarantees that protect people in situations like yours where a service is not undertaken with due care and skill (ss60 or so of the act?).
Although an online forum is not the place to give or receive legal advice, you should consider checking the ACT Office of Fair Trading (which may be responsible for regulating the Act, unless the repairer is a corporation, in which case the Cth Pt XI scheme applies), or alternatively the ACCC’s site, searching ‘consumer guarantees’.
It does not matter that the product was itself provided by the manufacturer (that will be an issue for the dealership to resolve with the manuf), and you’ll find that the legislation is very consumer-friendly.
Oh, and dont be put off by some of the whingers on this site who seem to really enjoy having a go at people with legitimate concerns.

2620watcher 10:50 pm 15 Jun 11

creative_canberran said :

Canberra Toyota did that once. They later admitted they stopped doing it soon after because of the complaints. Stuff is noxious.

That figures, our ex ACT govt Camry absolutely stinks when the aircon is on, and has done since we bought it 18 months ago.

Appreciate any ideas on how un-stink it, as I believe CBR Toyota has done the same to my car.

gazket 6:47 pm 15 Jun 11

a normal person would have let the car sit and idle and run the heater and air con on full for an hour or 2 . cost like 5 bucks in petrol

Solidarity 4:29 pm 15 Jun 11

Trad_and_Anon said :

Solidarity said :

Undrivable? Can’t you just… not use the air con till it’s fixed?

The air conditioning is hooked to the heating . and one needs to use it at the moment.

Not even.

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