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I sent my Tata Telcoline bakkie into Tata Vereeniging as the…

I sent my Tata Telcoline...

I sent my Tata Telcoline bakkie into Tata Vereeniging as the bakkie had been giving starting problems and using water. After looking they said that an engine/cylinder head overhaul was required. I received a quote and they proceeded with with the work. We paid nearly R 12 000.00 cash for these repairs and got the bakkie back 19 July 2012. On collection I asked if I had to do anything "special" like drive the vehicle within a certain speed limit, bring it back for check up, etc. I was told no none of this was necessary and I could use the bakkie as normal. It certainly seemed to have more power and was no longer difficult to start. Water, oil was checked when diesel was put in and all was ok. On 26 July 2012 I took the vehicle back to Tata Vereeniging as I thought it was smoking excessively and had smelt some "rubber burning" both symptoms were relayed and a mechanic came to test drive and look at the vehicle. He agreed that there was excessive smoke but could not detect what was wrong. The mechanic said he did not think it was unsafe to drive but as their workshops were busy at present, I was asked to return the bakkie the following week. Unfortunately I became ill with encephalitis and was unable to take the bakkie back in. However an email was sent to Gerhard Mocke on 1 August 2012 advising that I was ill and could we make arrangements to send the vehicle in. There was no response. Once I was up and well enough I drove the bakkie down the road a few times, mainly to pick up my Granddaughter from school or to the shops. The excessive smoke seemed to have abated. One day on the way to pick up my granddaughter from school, the bakkie was difficult to start, but eventually it did. The evening before my husband had topped up the water in the radiator so I felt no need to check it again. I had driven down the road when the vehicle cut out and would not start again. I pulled over, open the bonnet to hear hissing from the radiator and oil sprayed over the engine. I tried phoning Tata Vereeniging - no reply. I phoned my husband you was not in town so I had to arrange to leave the vehicle in someone's garden until we could make arrangements for Tata Vereeniging to come and collect it. As far as I was concerned the repairs are still under guarantee so I did not want anyone else to be responsible for the bakkie. Two days later after I physically went into Tata Vereeniging, Gerhard Mocke and his mechanic collected the vehicle and towed it into their workshops where it has been ever since.

The problem is that Tata Vereeniging are saying that we must pay for the engine/head overhaul that is needed again as this head has blown due to a rubber hose rubbing against the engine and a hole was burnt through which in turn allowed the water to leak out and cause the engine to overheat so the engine cylinder head needs to be overhauled again. My argument is that I sent my vehicle in to be repaired and surely part of their job would be to ensure that parts are put back properly so that they are not rubbing against the engine? The previous work is still under guarantee. I have approached Tata Head Office who advised they are waiting for the work sheets from Tata Vereeniging and they got 5 days ago now they are investigating the matter.

In the meantime, I am being inconvenienced as I need my vehicle for my business. I am having to borrow vehicles to get around and I really do not feel that I am being heard. Today I received a phone call from Tata Vereeniging asking if they must quote me for the engine overhaul? I was flabbergasted! I am constantly asking for updates but get no responses except after the second email. All my correspondences is being kept on email.

What is my recourse? I cannot afford huge lawyer fees and feel that the company is hoping by prolonging the matter I will just "go away". I do feel that I am not being treated seriously. What do I do not be get heard!

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10/1/2012

Lawyer: WCLawyer, Attorney replied 9 years ago

WCLawyer, Attorney

Category: South Africa Law

Satisfied Customers: 16,171

Experience: L.LB (UOVS)

Verified

Good day.

You are completely correct that they are liable for the repairs as well as any consequential damages to the engine due to their ineptitude.

This is, in fact, entrenched in the Consumer Protection Act in Section 57 which reads as follows:

57. Warranty on repaired goods.—(1) A service provider warrants every new or reconditioned part installed during any repair or maintenance work, and the labour required to install it, for a period of three months after the date of installation or such longer period as the supplier may specify in writing.
(2) A warranty in terms of this section—
(a)is concurrent with any other deemed, implied or express warranty;
(b)is void if the consumer has subjected the part, or the goods or property in which it was installed, to misuse or abuse; and
(c)does not apply to ordinary wear and tear, having regard to the circumstances in which the goods are intended to ordinarily be used.

This does not remove any guarantee that the service provider gave, but is in addition to it.

What you can do before incurring a lot of legal costs is to possibly refer it to the Motor Industry Ombudsman (www.miosa.co.za) or to TATA head office in South Africa for a resolution.

I hope this helped. Feel free to ask follow up questions before you rate.

WCLawyer, Attorney

Category: South Africa Law

Satisfied Customers: 16,171

Experience: L.LB (UOVS)

Verified

WCLawyer and 87 other South Africa Law Specialists are ready to help you

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Customer reply replied 9 years ago

Dear Sir/Madam

Firstly I am very unhappy with the customer service offered by TATA Vereeniging and TATA Head Office. My report has NOT been taken into account and I certainly want to take this matter further as I feel my consumer rights have been violated. I do not know who to approach any further on this matter and would like advice on where to proceed.

The following are responses received via email:

From: "Gerhard Mocke " <[email protected]>

Date: Tue, 2 Oct 2012 14:17:21 +0200

To: <[email protected]>

Subject: Telcoline

Hi Mrs Moore

Attached please find a copy of my reply to Tata SA which I think is self-explanatory, hence the phone call to you from Lise.

Please advise ASAPregarding the way forward, as standing fees will be charged @ R150.00 per day as we cannot have a dispute hanging without resolution and a vehicle occupying a work bay in my workshop for an indefinite period of time.

Regards

Gerhard

From: Gerhard Mocke [mailto:[email protected]]
Sent: 25 September 2012 03:09 PM
To: 'Customer Care - Schalk Lubbe' ([email protected]); Andriehet Hattingh - TATA SA ([email protected])
Cc: [email protected]

Report: Tata Telcoline 2.0 S/C

Reg: ZFF839GP

VIN: MAT37402159R33211

Claim #N/A

Mileage: 103747

Date: 25/09/2012

The following was found when vehicle came in for repairs:

Vehicle was towed in by us after client requested our help because the vehicle wouldn’t start. According to client the vehicle had been to another repair center who advised they would have to strip the engine in order to ascertain the nature of the problem. I advised client that according to the description of the problem, the vehicle more than likely had a blown head gasket and that the head would indeed have to be stripped to determine the extent of the damage. Mileage at the time 102141km.

Vehicle was repaired and client collected vehicle. At some stage client came in and spoke to my foreman about excessive black smoke, upon which she was advised that the vehicle had to be booked in to determine what caused the black smoke. This never happened.

Client contacted us again on 14/09/2012 stating the vehicle had cut out whilst driving and requested we tow the vehicle in to attend to the problem.

Vehicle was towed in – mileage 103747, a total of 1606 km’s travelled since the repair.

Initial assessment indicated that there was no coolant in the vehicle’s radiator and a lack of compression indicated at least a blown head gasket. It is also evident that subsequent to the repair carried out on the vehicle, certain hose clamps on the water pipe going to the heater radiator, were replaced and the pipe was also rerouted and this caused the pipe to chaff through resulting in a coolant leak. This caused the vehicle to overheat and the resulting damage.

I contacted Mr Moore and asked him to come in and see what I was referring to, and I also advised him that we could not honor a warranty in a case like this. The reason being:

Someone had replaced the clamps and rerouted the water hose.

Client’s wife indicated to me and my foreman when we went to tow the vehicle that they noticed there was a coolant loss and they topped up the coolant. According to her there was no visible leak and the vehicle never overheated. If the owner notices that there is a coolant loss it should be brought to the repairer’s attention to be attended to immediately – failure to do so is neglect on the owner/driver’s behalf. The owner is not absolved of any responsibility as to the proper maintenance of the vehicle just because there is a warranty on repairs carried out.

The heat gauge would have indicated that the vehicle was running at a higher than normal temperature indicating a possible problem – why ignore it!?

We extend a warranty of 1 year or 20 000km on all repairs but as mentioned before this does not absolve the owner of all responsibility with regards XXXXX XXXXX proper maintenance and upkeep of the vehicle.

Should you have any queries please don’t hesitate to contact the writer.

Regards,

Gerhard Mocke

Service Manager

From: [email protected] [mailto:[email protected]]
Sent: 02 October 2012 02:40 PM
To: Gerhard Mocke
Subject: Tata Telcoline ZFF839GP

Good Day

Regretfully your attached document cannot be opened on my handheld so I am unable to see it. My question is why as a courtesy we were not kept informed?

As both parties require a speedy resolution because you can't have a vehicle occupying a work bay in your workshop for an indefinite period of time and we need our vehicle for business we will forward all matters on to the Motor Oumbudsman for their urgent attention.

Thank you
Debbie Moore

Sent via my BlackBerry from Vodacom

From: "Gerhard Mocke " <[email protected]>

Date: Tue, 2 Oct 2012 15:13:35 +0200

To: <[email protected]>

Subject: RE: Tata Telcoline ZFF839GP

Hi Mrs Moore

I am sorry you weren’t kept in the loop by Tata SA. Once a case is referred to them by you, the client, we communicate with them and not the client for obvious reasons.

We welcome your decision to refer the matter to the MIO ,as a matter of fact, we would prefer it.

I must stress however that standing fees as mentioned will be charged if the MIO finds in our favour!

Regards

Gerhard Mocke

Good Day Andriehet

Please can you update me at your earliest convenience on this matter. As you can see Tata Vereeniging has asked us to take the matter further and we will proceed accordingly.

Regards
Debbie Moore (Mrs)

Sent via my BlackBerry from Vodacom - let your email find you!

EMAIL RECEIVED 3 October 2012

Mrs Moore

Thank you for taking the time to write to our offices, your feedback enables us to improve our customer service.

We have investigated the matter and found that:

*The vehicle was towed to TATA Vereeniging for not starting the 29/06/2012 – mileage 102 141km

*TATA Vereeniging diagnosed the vehicle and found the head gasket blown

*The dealership replaced the cylinder head, head gasket, accelerator cable, battery (supplied by you) and starter

* You informed the dealership about excessive black smoke, dealership advised you to book vehicle in for further diagnosis which was not done

*You reported to the dealership on the 14/09/2012, the vehicle is cutting out while driving – mileage 103 747km

*Vehicle towed to TATA Vereeniging for diagnosis

*Dealer found that there was no coolant in the vehicles radiator and certain hose clamps on the water pipe going to the heater radiator were replaced

*The pipe was also rerouted, this caused the pipe to chaff through resulting in a coolant leak.

*The coolant leak caused the vehicle to over heat

*Gerhard advised that you were aware of the coolant leak as you reported it to the workshop foreman

Unfortunately from H/O side we cannot attend to the matter it needs to be taken up with TATAVereeniging directly

We do apologise for the delay and inconvenience

Kind Regards,

Andriëhet Hattingh

Customer Care Supervisor

Accordian Investments (Pty) Ltd

A Distributor of TATA Vehicles

Tel: +27 11(NNN) NNN-NNNN/a>

Fax: +27 11(NNN) NNN-NNNN/a>

Fax to Email : (NNN) NNN-NNNN/p>

E-Mail: [email protected]

I received and opened the Report given by TATA Vereeniging dated 25/09/2012 and would like to comment on certain issues:

Point 2: We emailed Gerhard Mocke asking to make arrangements to bring the vehicle in as I was very ill with encephalitis. Our request was ignored.

Point 5: The radiator had been topped up the night before the incident by Mr Moore. As soon as the vehicle cut out, I switched off the engine and the vehicle was pushed to a property to stand until it could be collected.

Point 6: On Friday 21 September 2012I went in to see Gerhard Mocke about the vehicle. He made the insinuation to me that “someone else” had worked on the vehicle after it had left his workshop. This is not so and I challenge him to prove otherwise – stating the clamps have been replaced and the water hose re-routed as proof cannot be justified. Only Tata Vereeniging has worked on this vehicle and it is as we collected from them. At no time was there any indication that the engine was overheating – the temperature gauge read its half way (normal). There was no indication that there was anything wrong with the engine while driving it, except we complained about the excessive smoke.

Point 7: the heat gauge read normal (it was sitting between the C and H on the monitor) – at no time did we have any indication that the engine was running at a higher temperature than normal. With our sensitivity to the matter, we are more vigilant on monitoring the water and temperature of the vehicle.

I truly believe that our consumer rights have been violated and that now we are being “bullied” into removing the vehicle and to “go away”. We cannot meet the expense for the work to be re-done and we are concerned that the workmanship will once again be shoddy, with us footing yet another bill that we can ill afford. As I would like this matter finalized as soon as possible I look forward to a speedy resolution to the impasse.

My immediate question is - should I remove my vehicle from TATA Vereeniging (I am scared they will again falsely accuse me of having someone else tamper with their work). I need my vehicle for my business which is being severely hampered by me not using it so a speedy resolution would be appreciated. I also cannot download the form from the Motor Industry Ombudsman but again I am nervous that my case will not be heard fairly.

Kindest regards

Debbie Moore (Mrs)

Cell:(NNN) NNN-NNNN/span>

Lawyer: WCLawyer, Attorney replied 9 years ago

Remove it, but take it to the AA or some other institution that can compile a report on the condition of the vehicle immediately, before you get someone else to repair it.

WCLawyer, Attorney

Category: South Africa Law

Satisfied Customers: 16,171

Experience: L.LB (UOVS)

Verified

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