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Vehicle under warranty not being fixed after three unsuccessful

 

Customer Question

Vehicle under warranty not being fixed after three unsuccessful attempts by dealership, problems still not solved - have indicated we will sue for 'substitution of goods' They now want us to allow another Dealeship in the same Group to intervene and have requested us to leave the vehicle with them on Monday 20th for the Factory Rep to again assess the vehicle. Everything went wrong with the vehicle the day after its 45000km service - no oil pressure, extreme engine noise - sounds like a diesel vehicle, misfiring, backfiring, stalling and loss of some sort of fluid - not aircon water - an oily substance. Parts replaced by Dealership so far: oil pump, another oil filter, camshaft positioner, all of which did not solve the problems and now, who knows what next, but problems persist. The vwhicle is still under manufacturers warranty as well as an full maintenance plan. This vehicle is used as a means to generate an income as a medical rep, and business is being severly affected by not being able to travel as required.

 

Optional Information:
Province: Western Cape

Already Tried:
Vehicle been in Dealership Workshop twice in 10 weeks - seven weeks spent in workshop. Have twice had meetings with Workshop, Sales and General Manager of the Dealership, as well as the Factory Representative having 'investigated' the problem. On Monday, 13th December 2010 attempted to hand back vehicle, which they refused to accept. They are now wanting to refer the vehicle to another Dealership to start the whole problem solving process from the beginning. To date a variety of parts fitted

Submitted: 851 days and 5 hours ago.
Category: South Africa Law
Value: R 309
Status: CLOSED

Accepted Answer

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Expert:  JJ replied 850 days and 20 hours ago.

Good day

 

Obviously the easiest think to issue summons and request specific performance in terms of the warranty. However, I think in order to first try and solve it in a way that will satisfy you, you might consider laying a complaint with the Motor Industry Ombudsman. They can be found on www.miosa.co.za

 

This is s free service and usually is being dealt with swiftly. If the outcome is not what you want then you need to get lawyers involved. This is however a long drawn out process as the dealer without doubt will defend the matter. Purely to protect their reputation and not because they have a case.

 

Trust this will assist.

 

Regards

 

Johann

Expert TypeAttorney
Category: South Africa Law
Pos. Feedback: 95.4 %
Accepts: 3910
Answered: 12/15/2010

Experience: Admitted Attorney 17 years experience

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