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NSW Australian Consumer Law - Faulty Car Made Worse by Garage?

Discussion in 'Australian Consumer Law Forum' started by camille, 15 February 2016.

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  1. camille

    camille Member

    22 October 2014
    Likes Received:

    Sorry first for my English.

    I am in a weird situation right now.

    I bought a car 5 month ago, Volkswagen Gold Tsi 118, year 2010. I bought it second hand with 130 000km. I came back from a month holiday two weeks ago and started to drive my car as normal.

    After three days, I got a light on the control screen in the car. I decide to go to a garage to check the problem. The garage told me that it was not important if the car doesn't do any weird noise. I booked the service for the day after and decide to not drive the car because of this light. The next morning, I dropped the car off at the garage without having trouble.

    I waited all day to have news but nothing and decide to call them back to have an update. They announce that for some reason they don't know, they could not start the car to bring it inside the garage, and they didn't know what was wrong with the car. They also told me that they cannot fix the car and that I needed to bring it to another garage.

    First, I was kind of surprised that a garage cannot fix a car, but I did organise by my insurance to have my car towed to another garage. The other garage told me that the engine is broken, two of the piston in the cylinders broke as well, and I have to replace them all. It's apparently a common problem with this car when she reach 150 000 km.

    The cost is $11 000 for a second-hand engine and $140 000 for a brand new one. I changed the engine with the secondhand 14 000 km engine.

    Today, I was talking with a guy and explained to him my story and he got the feeling that the garage who got my car first did something wrong with the car as they broke the engine and decide to not touch it anymore and let me go somewhere to fix the problem.

    And then I remember that it was weird that you could drop a working car in a garage and when you take it back and it's not working anymore. I'm not sure what to do about this situation.

    How can I know if the garage did something wrong in the car under Australian Consumer Law?

    The guy I spoke with told me that the garage has an insurance and can cover the damage.

    What's your opinion on this situation? What can I do?


    Thanks in advance for your answer.
  2. Michael T

    Michael T Well-Known Member

    9 April 2014
    Likes Received:
    Hi camille,

    I think you'd have to get a statement from the second mechanic about whether he thinks the previous garage caused the damage, but I imagine it would be hard to prove that it was the previous garage caused the problems and that its not just a problem with the car being a used car getting older.

    Sorry, I don't have more to offer, other than perhaps talk to NSW Fair Trading about their thoughts and whether they have cause to investigate the practices of the previous garage.

    Let us know how you go.

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