VIC Australian Consumer Law - Purchased Holden Lemon Car - Take Legal Action?

[KatC]

I purchased a brand new Holden Cruze, 2010 model from Holden dealership. From it's very first service, major defects have been identified. It has cost approximately $10,000 to repair during the 5years we have had it. On each occasion we have been informed that the issues were unlikely caused by our fault and that it was a 'manufacturing' issue. Basically all indications lead us to believe we have purchased a 'lemon car'. I have contacted Holden who have refused to take any responsibility.

Can I take legal action under Australian Consumer Law?

 

[Sarah J]

Hi KatC,

When did you purchase this car? You say you've had it for 5 years, so I'm assuming you purchased it before 2011?

Unfortunately, the Australia Consumer Law ("ACL") only came into affect in 2011 and applies to purchases/services bought after 1 January 2011. If you purchased the car before this time, you have less protections than under the current ACL as your purchase would come under the previous legislation, which is the Trade Practices Act. You can still lodge a complaint with Consumer Affairs Victoria and see what they say about your situation. Alternatively, if you bought a car that is not roadworthy or dangerous or has an innate fault that was not disclosed to you, you can initiate action against the manufacturer for compensation through the court. Which court you would end up in will depend on how much you would be claiming. If you are claiming less than $100,000 then you can initiate in the Magistrates' Court.