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QLD Faulty Car from Hyundai - Full Refund?

Discussion in 'Australian Consumer Law Forum' started by Peter Nock, 5 April 2016.

  1. Peter Nock

    Peter Nock Member

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    I bought a new Hyundai I30 Petrol Elite Hatchback and after 1500 km, the motor blew up. Vehicle was repaired by Hyundai Dealership which took 2 months as a new motor had to be imported from Korea. I was given a Avis hire car but found when checking the paperwork that there was a $2500 Excess so returned the vehicle.

    My mechanic then discovered that when new motor installed the driveshaft oil seal had been damaged and the heater hose also damaged.

    I then took the vehicle to another Hyundai Dealership they tried to repair but left the engine bolts loose.

    Car was driven for one month with a loose engine and taken back to Hyundai several times before it was discovered they had forgotten to do up the bolts.

    Motor is now overheating and has oil leak and I called RACQ Insurance who also discovered fuel injector leak, noisy tappets and suspected electrical wiring faulty and vehicle returned on 18 March 2016 to original Hyundai Dealership where vehicle was purchased.

    I have written to both the Dealer and the CEO of Hyundai Australia requesting a full refund of the purchase price of $26,304.00 within 7 business days and have received phone calls from both saying they are looking into it but nothing further.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Peter, check out this article as to your rights in this situation. Lemon Car? What You Can Do Under Australian Consumer Law - Legal Blog - LawAnswers.com.au

    I would be sending them a further letter, being a formal demand for refund citing a date by which you require the refund to be paid, failing which you will seek intervention of the Office of Fair Trading and ACCC. I would contact these bodies to see how they are willing to assist you.
     
  3. Peter Nock

    Peter Nock Member

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    Hi Sophea

    Thanks for your reply, I had already contacted Qld Fair Trading prior to posting this and they have given the Dealer till tomorrow 12 April to respond and I have also told the Dealer that if the refund is not forthcoming then I intend to take the matter to QCAT and claim the maximum under their jurisdiction of $25000 even though it would mean losing $1304.

    Hyundai head office told the Dealer to give me a loan car as they have now had my vehicle this time for nearly 4 weeks and claim they have repaired the engine and and faulty wiring are now demanding that I return the loan vehicle otherwise they will contact the Police and I have responded saying I am happy to give back the loan vehicle if they give me a cheque for the full refund and that my partner works for the Police and she will be happy to help them.

    I am 69 years of age and have also contacted the Anti Discrimination Commission and after explaining to them about the bullying phone calls to accept my repaired vehicle back told me to submit a complaint.
     

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