WA Seeking Refund for Faulty Holden Car - Options?

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Sophie D

Member
28 March 2017
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Purchased a captiva7 2014 ltz disel new, at 10000km. We had an oil leak and the engine had to be removed to get fixed. A year later, at 20000km, it had another oil leak. A couple of months later, rockers had to be tightened, then the car was accelerating on its own fuel injectior had to be fixed, after the interior of the door started coming off and now it's leaking again.

Aouple of months ago, I wrote to Holden asking to extend the warranty as it finished last week. They did not reply or wanted to talk to me. I contacted ACCC and they advised me to write to them again. In my second letter, I askef for a refund as I have done some research and it's a common factory fault.

Also Holden customer care confirmed this issue which I have in writing. I had to go to consumer protection for Holden to reply to my letter. They verbally told me refund is not going to happen - it will never happen. They said a trade which I said no as I don't want to be out of pocket.

They then said they will look at a replacement. Now they have sent me email saying can't do a replacement but are happy to offer a trade assist. I don't want to take the car to get valued as its faulty and how can you value with faults?

I have tried with other dealers and they are not interested due to factory faults. Also I don't want to be out of pocket as we wanted this car to last for at least 10years and we have only done 24000km and looked after it well.

I want to write back to Holden rejecting the offer and to look at another offer for me of replacing car. Is there a sample letter I can use or should I seek legal advice as consumer protection can't help or give advice.

What do you think?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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From your description you appear to able to handle this OK. One suggestion is that when they offer a trade assist to you, insist on a trade in value that assumes your car is in pristine condition.
 
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