Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law
This answer was rated:

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

Hi Pearl. I bought a...
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
JA: What state is this in? And how old is the car?
Customer: In ACT
JA: Has anything been filed or reported?
Customer: 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?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that's about it Pearl. Thank you
Show More
Show Less
Ask Your Own Australia Law Question
Customer reply replied 5 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: 1,308
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

Ask Your Own Australia Law Question

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

Ask Your Own Australia Law Question

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 *****

Ask Your Own Australia Law Question

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 *****

Ask Your Own Australia Law Question

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 *****

Ask Your Own Australia Law Question

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

Kind regards
John Melis

Ask Your Own Australia Law Question
Customer reply replied 5 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 *****

Ask Your Own Australia Law Question

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 *****

Ask Your Own Australia Law Question

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 *****

Ask Your Own Australia Law Question

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

Kind regards *****

Ask Your Own Australia Law Question

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: 1,308
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
Ask your own question now

Dear customer, thank you for accepting the answer.

Please do not hesitate to contact me again for assistance.

Kind regards
John Melis

Ask Your Own Australia Law Question
Customer reply replied 5 months ago
Thank you Mr Melis.

Dear customer, you are most welcome.

Kind regards *****

Ask Your Own Australia Law Question
Ask John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 1,308
1,308 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

26,412 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
Is there a charge for this service? Is just a question
Is just a question regarding an easement on a property - I'm a real estate agent and the owners of the property can't tell me what the easement is - so I just want to find out what it means. Could you give me a rough estimate of cost? … read more
John Melis
John Melis
Lawyer
1,308 satisfied customers
Born. My husband (now deceased) was born in Ireland. Our
I'm Australian born. My husband (now deceased) was born in Ireland. Our children can get an Irish passport. Can I? … read more
John Melis
John Melis
Lawyer
1,308 satisfied customers
Qe got 2 kids who were bailed till 10 january we went 2 cau.
Hi qe got 2 kids who were bailed till 10 january we went 2 cau … read more
John Melis
John Melis
Lawyer
1,308 satisfied customers
Recieved request for info re unclaimed m5 toll refund. Nsw
recieved request for info re unclaimed m5 toll refund … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
My so has had an eviction notice from a rental property in
My so has had an eviction notice from a rental property in nsw. We believe it is an illegal eviction and very problematic. He was to be out of the house on 15 january, but the agent told him they alre… read more
John Melis
John Melis
Lawyer
1,308 satisfied customers
I have a bnkwest mastercard which is direct debited each
I have a bnkwest mastercard which is direct debited each month. They did not d/d on the due date in December. When I realised, I phoned & they said pay it now & we won,t charge interest. On receiving … read more
John Melis
John Melis
Lawyer
1,308 satisfied customers
My neighbour who has just moved in a month ago, is taking
My neighbour who has just moved in a month ago, is taking photos of us from her bedroom, when we're on our driveway doing maintenance, cleaning the yard, or even when the kids are outside playing. Wha… read more
John Melis
John Melis
Lawyer
1,308 satisfied customers
I am trying to find a wage rate for a casual motel cleaner
I am trying to find a wage rate for a casual motel cleaner who was born on 7th march 2001 … read more
John Melis
John Melis
Lawyer
1,308 satisfied customers
I am a single father and up till recently my kids have lived
Hello my name is***** am a single father and up till recently my kids have lived with their mother, but now the kids want to come and live with me, my eldest is 14, boy name Logan and a daughter 11 Ry… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I'm employed by Labourpower & I have not been paid this week
I'm employed by Labourpower & I have not been paid this week & they r saying they have paid me but has not reached my account … read more
John Melis
John Melis
Lawyer
1,308 satisfied customers
Are you registered law firm? Canberra
Are you registered law firm ? JA: What state are you in? It matters because laws vary by location. Customer: Canberra JA: Has anything been filed or reported? Customer: No JA: Anything else you want t… read more
John Melis
John Melis
Lawyer
1,308 satisfied customers
I rented a wearhouse in 2012 and left in 2014 as I was
I rented a wearhouse in 2012 and left in 2014 as I was having difficalties there, they never phoned me in all this time demaning any rent, know 4 years later they have gone to a Magistrate, for a sum … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
My Fathers estate has passed probate and has been cleared
My Fathers estate has passed probate and has been cleared for months. My sister received her share of my Fathers Estate 3 weeks ago I have had to engage a lawyer because the bank is refusing to releas… read more
John Melis
John Melis
Lawyer
1,308 satisfied customers
Optus are taking money from my visa card without
optus are taking money from my visa card without authorisation. … read more
John Melis
John Melis
Lawyer
1,308 satisfied customers
My son hit another car late last year and slightly dented
Hi, My son hit another car late last year and slightly dented the guys tail gate. He is not insured. He has just received an invoice for $6200 from RACQ due in 7days!! He thinks that the invoice is ve… read more
John Melis
John Melis
Lawyer
1,308 satisfied customers
Leon, It is Rhonda Grant here again. I have spoken to you
Hi Leon, It is Rhonda Grant here again. I have spoken to you about family law matter and Supreme Court matter regarding a registered mortgage that I own. I would like to talk to you again. It will pro… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
My son of 38 years had an operation in 2016 and we have some
Hello. My son of 38 years had an operation in 2016 and we have some issues of relating to that surgery which has left him wth injuries. Because of the injuries he has a parralized leg from the knee do… read more
John Melis
John Melis
Lawyer
1,308 satisfied customers
Currently I am working with consulting company and deputed
HI,Currently I am working with consulting company and deputed in client place, working for client more then 7 year from consulting company. Based on my interest applied job position on client career p… read more
John Melis
John Melis
Lawyer
1,308 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x