VIC New Toyota Prado DPF Fault in VCAT Points of Claim?

Discussion in 'Australian Consumer Law Forum' started by Naveed, 19 July 2018.

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  1. Naveed

    Naveed Member

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    Thank you so much for reading and assisting in advance.

    I bought a brand new Toyota Prado in Sept 2015 which was ultimately sold after 55,000KMS due to major DPF filter fault. Currently, my case is with VCAT and after one hearing and one half day conference meeting, now VCAT has asked to lodge/serve file points of claim, on which I need the assistance as to what I am claiming is under my rights or not?

    History:

    My email communication with Toyota Australia is a below:

    1- Below was the first email sent to Toyota Customer Experience Centre


    Dear Team @ Toyota Australia,


    After misery for almost 24 months and listening to many stories about Prado 2.8L, finally I have decided to write this email to Toyota Australia.


    My Toyota Prado VX Automatic purchased brand-new October 2015, sold my old Prado GXL 3.0L to have a better car with better engine. But regrettably issue got worse than before as this 2.8L issue is related to the engine performance and overall experience of driving for 58,000 K’s while truthfully misery of the last 45,000 K’s. Only first 10,000 K’s were the best. This is my 4th Toyota Turbo diesel.


    My normal driving k’s are city and rural driving therefore plenty of running. Never used off road.


    Serviced by local Toyota dealers at 2K, 10k, 20k, 30k, 40k and 50k but absolute negation to assist with problems, same attitude with Toyota Australia. I spoke with 4 different staff at Toyota but they would not put a supervisor on and just kept directing me to the useless service manager.


    Problems:

    1. After 10,000 K’s got the problem of engine missed like a petrol engine with a crook spark plugs.

    2. Engine took far too long to warm up – only to half normal temperature after 18 k’s. (They could not tell me what was correct warm up time/distance even after the advertised 900,000 K's of testing).

    3. DPF cut in almost every day sometimes 5 times in a day with only 20k or less in between.

    4. Exhaust fumes along with white smoke clouds while on road.

    5. Fuel economy worse than the 3.0L I had had for 2 years before the 2.8 without a problem.

    6. Finally, after long complains Toyota Patterson Cheney decided to replace the DPF part which made the problem solved DPF cut off but rest of the issue are still there.

    7. Even DPF got replaced as Recall which clearly confirms Toyota Australia had a faulty part on the car when sold and for 45,000 K’s I have suffered even bought a brand-new car.



    So, I do not have time to take a day’s annual leave every time I wanted Toyota local to check it - I am deciding on selling this Prado. But finally asking Toyota Australia to review this matter as Recall on part (DPF) caused too much damage to this car (such as Turbo, transmission and Engine) our overall painful driving experience, anxiety and emotional disturbance.


    Toyota Replied:

    Thank you for contacting the Toyota Guest Experience Centre in relation to your 2015 Toyota Prado DPF concern.

    We will endeavour to respond to your enquiry as soon as possible.

    2- Second email sent to Toyota Customer Experience Centre

    Dear Team @ Toyota,


    I have called today to discuss with one of your team member and spoke to Micheal. He has closed the case and has not even listen to my real issue. Please note my problem as below


    1. Dated 22/09/17 Patterson Cheney Toyota replaced the recalled ECUor ECM and mytoyota account shows the recall confirmation (Recall: Repair order D601258 ECU or ECM) File attached "Recall.Pdf".


    2. Dated 22/09/17 Patterson Cheney Toyota replaced DPF under warranty and mytoyota account shows the recall confirmation (Warranty: Repair order Repair Order 170021V DPF) file attached "DPF Warranty.Pdf".


    3. Per O (Toyota Customer experience team member) suggestion dated 15/11/17 AFI 887 Prado went and checked with Patterson Cheney Toyota.

    4. Dated 20/11/17 M (Toyota Customer experience team member) to go ahead and lodge a complaint with ACCC about the Recall and warranty.


    5. Findings: The engine control unit (ECU or ECM) monitors the saturation level inside the DPF filter, and when it reaches a certain percentage, increases the temperature inside the exhaust to ‘burn off’ the particles. Hence ECM or ECU recall is in relation to the DPF problems with the new 2.8 diesel AFI 887.


    6. My claim review to this matter as Recall on part (DPF) caused too much damage to this car (such as Turbo, transmission and Engine) our overall painful driving experience, anxiety and emotional disturbance. IF I leave all that but still I should be compensated for the higher fuel costs which was caused by this issue. So, before I go and proceed with ACCC and VCAT please take a look on this case once more or please give your response on the outcome and reference to proceed for further proceedings.



    Toyota Replied:

    Thank you for your recent email received by the Toyota Guest Experience Centre in relation to your 2015 Prado T/D VX DPF concerns.


    We appreciate the time you have taken to provide us with the points of your feedback/experience. We regret to inform you that after careful investigation, and consulting with our National Warranty department, TMCA are not able to provide any assistance in this case.

    We reiterate our sincere apology for the disappointment and inconvenience you have expressed and acknowledge that your vehicle has not met all of your expectations. We are aware that is has been discussed that TMCA does not provide compensation for time loss or money lost on travel expenses.

    If you choose to escalate this matter further, you must proceed to do so outside of Toyota/with a 3rd party provider of your choose. As a consumer you have the right to escalate the matter as you feel necessary.

    3- Third email sent to Toyota Customer Experience Centre


    Per my last email if Toyota is not considering the compensation for overall painful driving experience, anxiety and emotional disturbance than my below explanation helps you understand the compensation due to the higher fuel costs paid by me due this issue which is for 45,000 KMS.



    Please further discuss this with your Toyota team department for the following:



    1. The engine control unit (ECU or ECM) monitors the saturation level inside the DPF filter, and when it reaches a certain percentage, increases the temperature inside the exhaust to ‘burn off’ the particles. But in this case Toyota ECM or ECU which is repaired under the recall caused the gradual combustion blockage issue for particles to be stuck and hence with the time damage the DPF system which is replaced under warranty.

    2. During this overall problem as a user of the car I suffered with higher fuel costs and for that my compensation is valid. As a buyer/user of the car I am not claiming very first 10,000 KMS of the car hence after that DPF issue started and finally got repaired or replaced on 55,000 KMS which left with claim of higher fuel costs of 45,000 KMS and Diesel fuel cost 1.30 Cents per/litre. To be fairer and responsible manufacture “Toyota Australia” should compensate for .55 Cents per/kms for higher fuel costs during this issue. Hence 45000 X 0.55 = 24,750 should be given in a compensation for higher fuel costs caused during this issue.

    Finally, I request “Toyota Australia” should review again this case again or escalate internally in Toyota to resolve this claim.

    Once I have the final outcome; I will further seek assistance from VCAT as a consumer/user suffering with higher fuel costs.


    Toyota Replied:

    Thank you for your time on the phone with the Toyota Guest Experience Centre regarding your 2015 Prado.

    Toyota Motor Corporation Australia would like to advise that incidentals are not covered under warranty and we will not be providing financial compensation to you.

    We regret the inconvenience and disappointment caused and thank you for contacting Toyota and allowing us the opportunity to respond.

    So now VCAT is asking to serve file points of claim. Toyota Australia is still persistent and trying to not accept my claim for higher fuel costs and saying problem is diagnosed and fixed under warranty and DPF problem is not gradual and only toyota can pay some dollar which is $100.

    Please help me in lodging and file in Points of claim.

    Kindest Regards,
     
  2. Rod

    Rod Well-Known Member

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    Having read your post I'm unclear what it is you want, in detail, from Toyota.

    That detail is what goes into your 'points of claim'.
     
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  3. Naveed

    Naveed Member

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    Thank you for your assistance Rod in reading my post. I need your help on 'Points of Claim' as to what are my legal rights under consumer law: I am claiming higher fuel costs compensation from Toyota:

    1- Higher fuel costs and for that my compensation is valid. As a buyer/user of the car I am not claiming very first 10,000 KMS of the car. As DPF issue started after 10,000KMS and finally got repaired or replaced on 55,000 KMS. So for 45,000KMS higher fuel costs of diesel fuel paid by me.

    My compensations calculation is based on the cost 1.30 Cents per/litre. To be fairer and responsible manufacture “Toyota Australia” should compensate for .55 Cents per/kms for higher fuel costs during this issue. Hence 45000 X 0.55 = 24,750 should be given in a compensation for higher fuel costs caused during this issue.

    Note: Toyota Australia mentioned: incidentals are not covered under warranty and we will not be providing financial compensation to you.

    2- Or do I have any other rights under manufacturer warranty to claim ?

    I am going to write my 'Points of claim' with supporting documents "Toyota service Invoices/ repair orders" from Toyota dealership. But it looks like my claim might get weaker as service dealership will also support Toyota Australia.

    So please help me in writing 'Points of claim' under consumer law.

    Regards
     
  4. Naveed

    Naveed Member

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    Hi Rod,

    I have done some research and find this:
    The Australian Consumer Law
    COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2
    259 Action against suppliers of goods
    (4) The consumer may, by action against the supplier, recover damages for any loss or damage suffered by the consumer because of the failure to comply with the guarantee if it was reasonably foreseeable that the consumer would suffer such loss or damage as a result of such a failure.

    Please help me to know if i am on the right track and how best my claim can be strong?

    Kindest Regards
     
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