mmkay why can i BUMP an old thread! [If i can last post in MAY![\And yet weirdlyi walk in and it;s UP! WEIRD/////// BUMPED.
Also absoulute BUMMA seein all of kaz;s posts deleted! sup!
tgray,
May 5, 3:50pm
All this happened over a year ago!
ashwattau,
May 5, 5:02pm
What in the hell did I just read!
pge,
May 5, 5:11pm
Would OP please come back and let us know what the outcome was!
n0idea,
May 12, 2:58am
My 17yr old son bought a car on 30.4.11 from a licensed motor vehicle dealer. On his way home on Sunday night 8.5.11, the car died. It had to be towed to a mechanic who has now stated that the damage is severe and going to cost as much as the car did to repair. Now before you all jump the gun, my son has a fulltime job within the farming industry with accomodation provided. He had saved very hard for his first car and it was his pride and joy. The mechanic has said that the cambelt was loose which has caused the belts to jump and bend the valves. The cambelt had been replaced 14,000 km ago. He also stated that there is no way in that short space of time, my son could have caused that damage regardless of driving behaviour. He rung the dealer and he said he couldnt do anything about it. He has rung me for advice and I got very confused looking at all the government acts that this could come under. Please can anyone throw some light on this matter. Thanks heaps in advance.
carlie,
May 12, 3:07am
As the vehicle was purchased at a price set by the dealer you are protected by the CGA. Write a letter to the dealer stating you require the car to be repaired, or, as you have not had the car long, you also have the option of rejecting the car and getting a full refund. You need to reject the car in writing and state in the letter that if he (the dealer) does not accept this you will take it to the Motor Vehicle Disputes Tribunal. You will win your case at the Disputes Tribunal, hopefully the Dealer will know this and settle with you quickly.
The above has been dictated to me by a Registered Motor Vehicle Dealer (carstauranaga001).
Copied and pasted from my post over in General.
n0idea,
May 12, 3:14am
Thanks heaps.U r da best :=)
nz2293,
May 12, 3:17am
Your first step is to discuss the problem with the trader. Traders have to comply with both the Consumer Guarantees Act and the Fair Trading Act.
If the problem isn't serious, the trader can choose what remedy to give you. They can either fix the problem, or replace the vehicle for free. They have to act within a reasonable time.
If the problem is serious, ie you wouldn't have bought the vehicle if you had known the fault existed then you can choose whether to accept a repair, a replacement or a refund.
If you and the trader can't agree, get an independent written report on the fault, and what it would cost you to fix, from a qualified specialist, like a mechanic. You will have to pay for this report but you can then work out what remedy you can claim.
If the trader still won't help you, you have two options: to take a case to the specialist Motor Vehicle Disputes Tribunal (MVDT), or use a regular Disputes Tribunal.
You should also make sure you have available any material relating to the sale of the vehicle (for example, the CIN) and any subsequent work you've had done on it (inspection reports, and so on).
n0idea,
May 12, 3:24am
Thanks for your reply.He went onto the car dealers yard in person and paid cash $1750.It was not an auction.
carlie,
May 12, 3:24am
Op had this thread over in General. Over there she was asked these questions also, she stated he paid a set price so I had all the info from the thread over there.
xs1100,
May 12, 3:35am
whilst your at it kazbanz could you please tell whereby a car dealer can contract out of the cga.i believe that even through a auction if sold by a car dealer whos normal business relates to the purchasing and selling of motor vechiles they cannot legally opt out of the CGA
grangies,
May 12, 3:44am
I feel a bit sorry for the dealer, if the car only cost $1750.
Jesus, what do you expect for only $1750.!
Many $1750 cars die all the time.
n0idea,
May 12, 3:46am
I definitely wouldnt be going in all guns blazing lol.I realise tact is in order here but I would like to go and talk to the dealer so he knows he s not only dealing with a 17 year old.I have worked 20 years in dealers yards so will fall back on that to have a heart to heart with them and see what we can come up with. The mechanic is the one that actually spoke to the dealer so that he had all the facts straight from the source.Good on the mechanic I say and when he got off the phone he told my son to get a lawyer.I have told my son that it shouldnt have to go that far but I searched all the acts and was getting confused so that why i enlisted the help from here.
bevharris1938,
May 12, 3:48am
Same thing happen to me , i brought a subaru legacy on HP from a dealer in rotorua some years ago. Car packed up after 6 weeks, i phoned them they said "there is nothing i can do about it , it was a cat D motorcar". I brought a second hand engine and had it installed myself, paid $1500. I paid the car off till there was $1500 owing and stopped all further payments. When they phoned to ask me , i just quoted the CGA , it had to be "Fit for purpose". Nothing more was done by the car dealer to recover the $1500.
woki,
May 12, 3:49am
$1750 is not a lot of $$ to pay for a car and expect a warranty period ! God I am so glad I am out of the car trade . Fair enough all the guff above but at $1750 the dealer wouldve been clearing out his junk ! Headache for all concerned .
xs1100,
May 12, 3:52am
think you should check up on that even 20 yrs ago dealers selling through auction still had to stand behind their cars through the lmvd.and the law has gotten harder and will be clarified even further if the new law goes through and you know the one that even turners are fighting
xs1100,
May 12, 3:54am
agree but if a dealer wants to sell off his yard then i m afraid the headache is his.there are plenty of wholesalers out there looking for cheaper cars with no comeback
johnf_456,
May 12, 3:55am
cga still applys.
n0idea,
May 12, 3:59am
I totally agree with you but he bought it from a dealer 8 days ago.It is meant to last longer than that.Of the 8 days he owned it, he worked for 6 of those days so actually only drove it 2 days.
johnf_456,
May 12, 4:01am
Yup you do have a case has kaz has explained, kaz knows his stuff very well.
xs1100,
May 12, 4:06am
dude do some more homework as a dealer you cant contract out of the cga well known fact among most car dealers unless as i stated its a wholesale to wholesale deal eg between 2 people whom conduct selling and buying cars as a business
crzyhrse,
May 12, 4:29am
Turners have made submissions in FAVOUR of the proposed amendment by Dr Jackie Blue because it effectively makes live auctions, not online competitive bidding processes like TradeMe, the only route of disposal for RMVTs wishing to offload low value cars with no comeback.
Page 8 of their submission (Page 10 of the PDF as those who compiled it seem to have limited skills, to be expected from Government employees)
"Turners also considers that online market places of the Trade Me style and competitive tendering should not be exempt from the application of the Consumer Guarantees Act.
We refer to our views on why online market places are not auctions in paragraphs [8 and 9] of the submission and should be subject to the Consumer Guarantees Act. Competitive tendering by consumers with traders is another loophole enabling the avoidance of the Consumer Guarantees Act effectively by contracting out."
hotrodtodd1,
May 12, 4:10pm
Yes it does, but the Tribunal, when making a decision takes into account the age of the vehicle, the mileage traveled, the price paid and how long it is since the purchase was made.
It may be that the kid WONT get his full $1750 back.
I have been thru the process with a 4 year old VW W8 that cost $30,000 and Id had it for 8 weeks and the trans repair was quoted at $12,000. Even then, the dealer wasnt keen to come to the party & it took lawyers letters to get him to budge.
And VW were a bunch of useless pricks too.
hotrodtodd1,
May 12, 4:16pm
Kabanz is 100% correct on his interpretations of the CGA.
Go and talk to the dealers & if they dont agree to come to the party, reject the car. Tow it back to the yard & hand over the letter of rejection.
Theres a brochure put out by MED! that outlines the whole process. Get one of them, and follow it to the letter
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