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I bought a second-hand Peugeot in 2015 from a Ford

Hi Pearl. I bought...

Hi Pearl. I bought a second-hand Peugeot in 2015 from a Ford dealership. I bought it with an extended warranty. I serviced my car regularly (every 10-15,000kms) through Ford in order to keep my warranty. Last month the transmission of my car gave way and I was advised by the Peugeot dealer that I needed a new transmission worth about 24K. They also queried whether I had taken my car in for a major service at 120,000kms. I advised the lady that I only took it in for the services Ford advised me to. When I spoke to Ford they said that they are not required to check the oil levels of my transmission and that my warranty only covered $2K in costs, leaving me $22K out of pocket. My question is did Ford have a duty of care to advise me that I needed to take my car to Peugeot for the major service, which would have included servicing my transmission, which would have prevented my car breaking down and requiring a new transmission? Hope you can help me Pearl

Lawyer's Assistant: What state is this in? And how old is the car?

In ACT

Lawyer's Assistant: Has anything been filed or reported?

Car is a 2011, 4007 model not at this stage. I'm awaiting a final quote from the transmissions expert so I can take that final quote to Ford to try to negotiate with them And then I will maybe take it to ACT office of fair trading and/ or ACCC?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that's about it Pearl. Thank you

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Customer reply replied 11 months ago
I must add that on all minor services Ford have undertaken on my car since it's purchase back in 2015 it states that they checked transmission oil levels. Peugeot advised that had they done so Ford would have picked up that the car was due for a major service. Ford also advised that they are only responsible for carrying out the Harrier warranty service, which does not include changing the transmission oils. I do not dispute that. What I am disputing is that at no stage, after several services, was I advised that I needed to have the transmission serviced. As the consumer, is this meant to be common knowledge, or am I supposed to know when my car is due for major services? Had they advised me of this they would have put the onus on me as the customer to take my car to a Peugeot dealer to have the transmission serviced, but I was never told. Now they do not want to assist me as they avoid my communications via email and phone calls.
Answered in 14 minutes by:
8/16/2017
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,326
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

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Dear customer, based on your comments, there is a reasonable argument that the Ford services centre should have informed you concerning the requirement to change and check the transmission oil. Where the duty of care comes into the situation is that once you handed the vehicle over to Ford and the service books, they took on the responsibility to ensure a proper service was carried out on that vehicle type. If they could not do the service correctly they should have refrained from servicing the vehicle.

Kind regards
John Melis

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Dear customer, on this basis a claim may Brea raised against the Ford service centre for breach of duty of care which caused damage to your vehicle.

Kind regards *****

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Dear customer, there are numerous counter arguments that could be raised by the Ford services centre. However, on the facts that you raised a claim can be argued for the loss you incurred.

Kind regards *****

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Dear customer, to raise a claim it would be brought under either the Australian Consumer Law, Competition and Consumer Act 2010 (Cth), or you may chose to argue on the basis of a breach of contract.

Kind regards *****

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Dear customer, if you have any further questions, I would be pleased to answer those for you.

Kind regards
John Melis

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Customer reply replied 11 months ago
Good evening Mr Melis. I would possibly like to hear a bit more on the counter-arguments which can be raised by Ford. You see, I am just an ordinary citizen, they are a business, a corporation with funds to drag out litigations.

Dear customer, your circumstance has happened to numerous consumers on similar issues as yourself.

If you like we may discuss by telephone for a more in-depth discussion.

Kind regards *****

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Dear customer, the challenge in these circumstance is to present the right arguments to the Ford service centre first, so they can appreciate the liability that they face. Then if they fail to respond the next step is pursuing further legal action.

Kind regards *****

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Dear customer, in most cases like your situation, the service centre will party with the mediation and settle on the matter to avoid damage to reputation with a protracted legal claim.

Kind regards *****

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Dear customer, as you appreciate credibility in the car industry is a commodity that service centres do not want to loose.

Kind regards *****

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Dear customer, if you have any further questions, I would be pleased to answer those for you.

Kind regards
John Melis

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,326
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Dear customer, thank you for accepting the answer.

Please do not hesitate to contact me again for assistance.

Kind regards
John Melis

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Customer reply replied 11 months ago
Thank you Mr Melis.

Dear customer, you are most welcome.

Kind regards *****

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