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QLD Volkswagen Refusing to Compensate Lemon Car?

Discussion in 'Australian Consumer Law Forum' started by James Langridge, 12 August 2016.

  1. James Langridge

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    Bought a new Sept 2014 VW Tiguan from Volkswagen Southport,QLD. The vehicle suffered failures within 6 months, 1 year and 1.5 years.Withing 1.5 years, there were 2 major faults and a vast arrange of medium and minor faults. Major faults include failed rear differential, 1st and 2nd Sycnros (gear box) and Fly wheel. Medium faults include replacement of entire exhaust, CV joint, clutch components and cooling fan.

    I opened a case with Volkswagen Australia to request a buy back of vehicle, refund, compensation or exchange of vehicle. The vehicle is the pure definition of a Lemon Car. The only offer was an extension of 2 years to the warranty after waiting for 8 months since lodging case with VW Australia.

    I originally opened the case 1st week of January. The end result is that my car is experiencing accelerated depreciation due to the unreasonable amount of failures experienced inside of 1.5 years of ownership. No reasonable person can be expected to be satisfied with ownership of a product that experiences major failures and an array of medium and minor failures to the extent I have listed.

    The volume and seriousness of the failures are beyond what a reasonable person would consider acceptable. I explained to Volkswagen I would have been content with a straight swap like for like and that I wanted to continue my relationship with Volkswagen.

    I can only assume this was not taken into account at all. I have been handled poorly by VW with terrible communication and no attempts to come to a mutual resolution. I have lodged an ACCC complaint, however, it appears moving forward with a legal approach may be required.

    Any help would be great. The end result is own a product that is experiencing accelerated depreciation due to the unreasonable volume of failures, is not the product I engaged in a contract to own and no reasonable person would purchase if they knew these faults would occur.

    I seek legal help.

    Many thanks.
     
  2. Rod

    Rod Well-Known Member

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    Document everything in a letter to VW, include in it your preferred resolution and consequence (ie court) should they not adopt your preferred resolution, send letter via registered post to the dealer owner, copy to Aus VW HQ. Give x days to reply (ie 30 days).

    If ignored or the counter offer is not acceptable, see a lawyer.
     
  3. James Langridge

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    Would be grateful for more responses. Legislation to be cited.
     
  4. James Langridge

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    Hi, Rod -

    Would you be able to provide a sample letter to better help me structure mine?

    Regards,
     
  5. Rod

    Rod Well-Known Member

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    Sorry, don't have a sample letter but it doesn't need to be written like it has come from a lawyer. Make a start and it will become clearer to you as you write it.

    Best not to cite specific legislation in your letter and just refer to the Australian Consumer Law in general terms. If you nominate a specific section of the ACL it may tie you down to then only having a complaint limited to those grounds. If you end up seeing a lawyer you don't want to have limited his potential options.

    Just be factual, not emotional, very clear on what you are requesting and when you want their response.
     
  6. James Langridge

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    Many thanks Rod.
     

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