Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

Dismiss Notice
Hi Guest, Want peace of mind with personalised legal advice today? Visit LawTap to find the right Australian lawyer and book online instantly.

QLD Faulty Skoda Car - Australian Consumer Law Rights?

Discussion in 'Australian Consumer Law Forum' started by shellebelle, 9 January 2017.

  1. shellebelle

    shellebelle Member

    Joined:
    9 January 2017
    Messages:
    2
    Likes Received:
    0
    Hi,

    I bought a Skoda in a private sale on November 25, 2016. I was made aware of a repair that was done one month earlier on the clutch and was given the receipt for this. I asked if the car had any issues and was told no it was all fine.

    On January first, the gear box went. I finally had it towed to a Skoda dealer. They informed me if the fault was the same issue that was repaired on October 26, 2016 then they would cover the costs.

    Today, I had a call saying it was the same fault, then another call back saying only part of the component was the old repair and that a full gear box replacement was required (this may cost $8,000).

    I have spoken with Skoda customer care and they are looking into this for me. Do I have any Australian Consumer Law rights at all?

    The car is 4 years old. There is no longer a warranty (as it ran out in 2016). And I bought it from a private sale. Do I have any standing at all? That a car should not be expected to have a major breakage of a gearbox when it is an expensive car? Should a car be expected to work or is this just my tough luck?

    Not sure if I have any rights at all or if you can help?

    Many thanks
     
  2. Lance

    Lance Well-Known Member

    Joined:
    31 October 2015
    Messages:
    480
    Likes Received:
    66
    Hi Shellebelle,

    Australian consumer law does not apply to vehicles bought at private sale. That said it needs to be asked should an $8000 gearbox replacement be expected after 4 years.

    You are in a very difficult position. You need to highlight that if the work done one month before purchase (and I'm assuming the work was done by Skoda) had of identified the major defect you wouldn't have purchased the vehicle.

    Other than pleading with the Skoda customer care, I'm not sure what you can do. The previous owner wasn't to blame if the defect wasn't identified as a major problem, they sold it in good faith. This blog might explain Australian consumer law with regard to a lemon car; https://www.lawanswers.com.au/blog/lemon-car-what-you-can-do-under-australian-consumer-law/

    Please let us know how you go.
     
    shellebelle likes this.
  3. shellebelle

    shellebelle Member

    Joined:
    9 January 2017
    Messages:
    2
    Likes Received:
    0
    Hi Lance,

    Many thanks for your reply and help.

    Long story short, I was able to get 70% paid for by Skoda and I paid 30%. So I ended up paying just under $3k. I was very lucky that I received a lot of support from the Skoda workshop that I was towed to.

    I found Skoda Australia (the customer care centre 1800 number) not that helpful.

    After all of this the day before I was to pick up my repaired car my sister found an article online that said many Skodas had been recalled due to faulty gearbox. (my entire gear box was replaced)
    I considered going back to Skoda Australia and trying to make them pay for 100% but I haven't decided if I will pursue this.

    I have learned my lesson from this...always buy a Subaru. lol. I luckily hadn't sold my trusty Subaru liberty (with 300,000km on the clock) and after 3 weeks sitting there unused it started first go and so luckily I still had that so I could get around while I waited for repairs
    .
    Best cars ever... Subarus ;)
     
  4. Lance

    Lance Well-Known Member

    Joined:
    31 October 2015
    Messages:
    480
    Likes Received:
    66
    Hi Shellebelle,

    I guess having to pay 30% isn't all bad, I say that having just paid $4200 for my Hyundai on Friday. Have a look into the recall and if your model was covered you might have grounds to seek the 30%. At the end of the day you have negotiated well to get 70% paid for.
     
Loading...

Share This Page

Loading...
gt;