QLD Faulty Mitsubishi Lancer - Next Steps?

[Dillon]

I am seriously hoping someone can help me here.

Beginning of last year I purchased a new Mitsubishi Lancer, and noticed there was a minor electrical fault. Since buying the vehicle, I have had to take it back to the dealership to have fixed, although Mitsubishi hasn't been able to fix the problem. It has been going on for a year now. Numerous parts have been replaced, although nothing seems to fix the problem. I have called the ACCC and sent Mitsubishi a letter of complaint (following the ACCC guidelines). Nothing happened. I then contacted the Office of Fair Trading QLD and an agreement was made, but Mitsubishi failed to hold up their end of the agreement. (The agreement was that after the new 2014 head unit was installed and the car was still faulting Mitsubishi's "senior management" would review the issue but nothing happened).

After all the drama, Mitsubishi have turned around and told me that they will not be dealing with the issue any more and that I am not entitled to any compensation, a replacement vehicle or refund even though I am still experiencing the problem. Is this legal under Australian Consumer Law?

I am just over it all and I just want my money back! I have contacted many law firms and legal help such as Legal Aid, but no one can help me. If anyone could help me on this issue it would be EXTREMELY appreciated!

 

[Sophea]

Hi Dillon,

The Australian Consumer Law should provide a legal remedy in these circumstances. http://www.consumerlaw.gov.au/content/Content.aspx?doc=consumers_ACL.htm - this website provides the state government contacts for agencies that can help you. I know you have already dealt with the ACCC and you may be retracing steps here, but if Mitsibishi have not complied with a decision of a government body then they need to know about it so that it can be enforced.

Remember, before contacting anyone though, make sure you have documented everything that is happening with the vehicle and all attempts to resolve the problem via the dealer and via government agencies, so you can provide them with this document which sets out all that you have been through thus far. It may be time consuming and emotionally exhausting but it will save time later.

Stay calm and continue to fight this, car dealers have been getting away with this sort of thing for too long!

 

[Dillon]

Hi Sophea,

Thank you so much for the help! I have been struggling to get anyone to help me out with this issue so you are a great help! Every law firm I try get hold of seems to think its not a big deal and that I am wasting their time but I don't understand because I feel like what mitsubishi is doing is wrong. I mean it clearly states under consumer law that if the product is not of acceptable quality I am entitled to a refund? anyways thanks heaps! hopefully I get a good outcome

 

[Dillon]

The latest update, I managed to get hold of Queensland Office of Fair Trading although they basically told me that they can't legally force consumer rights on mitsubishi and that I would have to get a lawyer to do so. Except the biggest problem I am facing is trying to find a lawyer and the cost of it too! :/

 

[John R]

Hi Dillon,
You may want to review the recent Australian Consumer Law thread about issues with KIA. In addition to (another) formal complaint to Mitsubishi, your local dealer and the Queensland Office of Fair Trading, social media may be another strategy to consider.
http://www.lawanswers.com.au/threads/issue-with-kia-cerato-car-has-not-been-fixed.108/

Hope this helps. Please keep us updated with your progress.