VIC seeking refund Volkswagen

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Heidie89

Member
1 February 2018
2
0
1
We purchased a new VW Golf in September 2016. The vehicle has been serviced as per schedule and had no issues until November 2017 when the engine cut out without warning while I was driving at approximately 60km. The vehicle was towed to the local dealership where we purchased it from. After a couple of days we were notified that the issue was with the fuel pump, that it had been replaced and the issue was resolved. A month later the engine cut out again while I was driving. The car was again towed to the dealership. They notified us that the computer had been reset and they believed this would solve the issue. They kept it for a week more to continue testing. The day after we picked it up this time the engine faulted again this time on a busy highway. Luckily we were able to roll to the side of the road without causing an accident. This was occurred mid December 2017 and the car has been at the dealership ever since. We have been told that the engine has faulted once during testing in early January however the cause can not be identified. A series of local and senior VW technicians have examined the car and no one can come up with an answer. After the third incident we submitted a formal request for a refund to both the local dealer and Volkswagen Group Australia (VGA). Communication from VGA has been terrible. They refuse to offer a replacement or refund and maintain they have the right to repair the car. I have spoken to the ACCC and Consumer Affairs Vic who have suggested the next step is to lodge an application for the case to be reviewed by VCAT. I can now almost recite consumer entitlements in regards to consumer guarantees under Australian law. However, there seems to be so many loop holes. What is a "reasonable" length of time to wait for a repair and how many times does a dealer/manufacturer have the right to repair a vehicle before having to accept that it is a major failure?
 

Clancy

Well-Known Member
6 April 2016
973
68
2,289
Well it sounds like you have everything covered?

Years ago i put an outboard engine in to be repaired. The mechanic kept replacing parts, charging me, but every time i got it back and tried to use it, it was not fixed. I continued returning the engine, something like 20 times. Eventually i realized the mechanic was no longer actually working on it. He was just putting it in his workshop then returning it to me. Under the legislation at the time, as long as he did not 'refuse' to repair it, i had no case under law. My only option was to give up returning it and lost thousands of dollars for nothing and sold the 14 ft alum boat with the faulty engine for only $700.00 dollars.

Then some years later i noticed it had become a big issue, the never ending repair loophole. I remember the government releasing legislation to stop it, but don't know exactly what that was?