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Thread: Legal advice for a mate's Toyota - Western Sydney

  1. #1
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    Legal advice for a mate's Toyota - Western Sydney

    Hi All,

    I have an interesting scenario.

    A young friend of mine (my brothers apprentice) bought a Toyota 4 runner about a month ago.
    Not a bad car, reasonably high km's, pretty straight body, bit of a lift and 2 sets of tyres, not a bad beginner car for 4 grand.

    Anyway, 2nd week in and on its way in to get a service, car was stopped at a servo, filled with fuel and the tyres checked, one was leaking a bit, and then as it was re started it sounded like the top end was trying to stone itself to death. So the car was immediately switched off and towed to the mechanic workshop it was going to for its 5000km service (this is not the workshop that provided the new motor 3 months ago)

    Info - The motor was rebuilt with a 12 month warranty by a company called *** *** (In Western Sydney) just over 5000kms ago. The previous owner had the 1000km service done at the same place and the new owner was taking it in for the 5000km service when it failed.

    Anyway, to be nice I called around to make some inquiries on his behalf as he isn't the best at keeping his cool, and this is a big deal for a 2nd year apprentice. 4000 is huge money for someone is his position!

    So without going into too much detail, they have not only refused to view the car for warranty work they pointed me towards FairTrade. Their reasoning for not willing to help is they are claiming the car has been dismantled by a non licensed mechanic.

    *The car was immediately towed to a licensed and accredited mechanic, who has not dismantled the engine. Just assessed the damage before mentioning that it will be a warranty fix. Also the mechanic who has the car in his workshop called ****** **** and they tried a different line and still refused to take the vehicle in or assess the damage.

    The biggest issue is they are claiming 3 or 4 different stories, and that I had told them the engine was dismantled, and thrashed and all sorts of strange going on's. And the claim is based on documented notes..Interesting I have a very different story of how things went down.

    Anyone had a similar issue? And where do we stand?

    The tribunal application is going in this week and fair trade are pretty obviously on the side of ******* *** based on the information they have provided. Which is false might I add.
    It's almost like they have a 'get out of warranty' procedure response that they try on with any customer who has an issue.

    Anyway, it is nice to vent, if anyone can shed some light it would be much appreciated.

  2. #2
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    CCTV, it's there, use it.

    Cheers
    Will

  3. #3
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    Quote Originally Posted by MR LR jnr. View Post
    CCTV, it's there, use it.

    Cheers
    Will
    True, not sure how it would help the case though?
    I will call the servo and see if it has us putting the car onto the flat bed, but that wont really tell anyone anything.

    It just seems these guys can say what they want and not honor the warranty.

  4. #4
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    you've got them telling different stories to you and your mechanic, you'll have receipts from him as to what work was actually carried out.
    That should at least get the ball rolling from your side at least.
    The Phantom - Oslo Blue 2001 Td5 SE.
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    Quote Originally Posted by Disco Muppet View Post
    you've got them telling different stories to you and your mechanic, you'll have receipts from him as to what work was actually carried out.
    That should at least get the ball rolling from your side at least.
    Yep we have the warranty! And the Mechanic who has had the car since it was towed has been excellent, and a bit offended that he has been accused of being non licensed and that he voided the warranty. He will be getting my D3 for the Auto service after his excellent help.

    The lady from fair trade, although helpful in the end was quite abrupt with me on the phone at first. Almost like my claim was wasting their time and I was some 2 bit dodgy con man. It took a bit of calmly explaining the situation to be able to have my say. Then she said go to go for the tribunal approach.

  6. #6
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    You can get testimoiny from the tow truck operator and testimony from the mechanic that did the assessment. That will back up what you have said. Get said testimony and do not tell the shonky oprator. Just present it to fair trading.


    Tom.

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    Quote Originally Posted by rb30gtr View Post
    True, not sure how it would help the case though?
    I will call the servo and see if it has us putting the car onto the flat bed, but that wont really tell anyone anything.

    It just seems these guys can say what they want and not honor the warranty.
    The mechanic might have it too, so that could show the assessment of the car.

  8. #8
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    Quote Originally Posted by BathurstTom View Post
    You can get testimoiny from the tow truck operator and testimony from the mechanic that did the assessment. That will back up what you have said. Get said testimony and do not tell the shonky oprator. Just present it to fair trading.


    Tom.
    Thanks Tom, awesome idea,

    We have a full 1 pager from the mechanic and I am calling the towie now, he was also a top bloke and happy to help.

    These will go to the tribunal as we are now passed fair trade.

    Cheers,
    Ben

  9. #9
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    Quote Originally Posted by MR LR jnr. View Post
    The mechanic might have it too, so that could show the assessment of the car.
    He tried calling the dodgy bro's in mention directly, they told him that I had told them that I had dismantled the engine after thrashing it.

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