VIC Faulty New Nissan Pathfinder - What to Do Under Australian Consumer Law?

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6 April 2016
I purchased a New Nissan Pathfinder in March 2014

In May 2014, when the vehicle had 3,675 kilometres on the odometer. I made my first report about a transmission shudder that had developed and was intermittently occurring under normal driving conditions. Unfortunately, the issue did not replicate itself whilst in the care of the service team.

The vehicle was returned to the service department 6 weeks later whereby I reported escalating occurrences of the problem. Nissan advised my particular Pathfinder was assembled in a country and at a plant that Nissan had ceased operations with.

The auto transmission was completely replaced and the new car warranty was reset to the new transmission installation date in July 2015.

However, this course of action did not solve the problem with a return of the same shuddering/vibration and a less than enthusiastic response when reported to the said Service dept a short time later, though I understand service bulletins had been issued to Nissan Service Managers putting them on notice of this widely reported transmission issue.

As recent as January, my vehicle was again returned to the Service Department. I reiterated the transmission problem twice on that same day, once by phone, and then again when I dropped the vehicle to the service department. Mid afternoon l received a phone call to question what the issue was! I explained for the third time that day the transmission problem and was advised the mechanic concurred with my description and suggested the upload of the latest software would fix the problem. On collecting my vehicle that night, the shudder was worse than ever.

Concerned my vehicle is on the cusp of ceasing altogether, I rang the service department on Monday 8th February and booked my vehicle into the service department on Monday 15th February with the advice they could retain the vehicle for an entire week as I was interstate on business. I received a call from the service manager to advise a third transmission would be fitted to my vehicle!

My patience has been tested to its upper limits and my disbelief at what Nissan Service Department interprets as customer service is something Nissan Motor Co. Australia needs to address. Multiple unreturned calls, conflicting information about what it might be, verbal advice that it is an ongoing problem with my particular model, suggestions of software updates, the responses go on and on much to my chagrin.

I sent a letter to Nissan After Sales Manager in late February and have finally been contacted by Nissan and offered two-year extended warranty and two scheduled services.

I do not find this an acceptable resolution and am seeking Australian Consumer Law help on next steps to take?