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Chuckylives

Hi, I brought a 2004 Vectra with 131km on the clock for $9000 from an owner operator LMVD car yard a little under 6 weeks ago and am having a lot of trouble with it.
Within a week I took it back as the heater wasn’t working, this was fixed at his cost ( the electric motor that switches cold to hot was replaced).
Last week I again took it back to the car yard as it had broken down 3 times while driving to work ( first time coughed a bit then stopped, 2nd and 3rd time it just stopped so I pulled over and it started again within a few minutes. This is very annoying at 4:30 in the morning and I now stress im not going to make it to work (I live about 1 hour from work). They ended up replacing the fuel pump as no problems would show up on the garages computer.
The car had also developed a loud rattle in the rear end when going over bumps but disappeared as soon as you put your foot on the brake. The rear wheels also knocked when shaken by hand, they then put on 2 new suspension swing arms and checked the brakes.
These two problems along with replacing the spare wheel as it was down to canvas, fixing the aerial as the base was all that was there ( when I brought car I thought it must have been a electric aerial which popped up when the radio was turned on), reattach the roof trim on top of the car which kept popping up on the open road, change the auto trans oil as he told me it was done and the receipt was in the glove box (it turn out to be written under the heading Recommendations to do and had not been done).
All this was fixed within 3 days at not cost to me.
Now it has broken down again ( 4th time now) and the back end has slowly started to rattle again when going over bumps but once again stops when you lightly apply the brakes.
I have brought 5 cars off this trader and have been more than happy with the quality and service he has given me.
My question is i am at the stage now where I have had guts full of this unreliable car, the trader was told I want a reliable car that will last me a long time he is also aware that I travel long distance to work each day which is why I have to have a reliable car.
I traded my other car in on this car and have a large % on finance which was arranged through the dealer. He has since sold my trade in.
Am I able to reject this car under the consumer guarantee Act now before I have to many more issues. Im happy for a replacement of the same type and similar value if one is available in the trader’s stock.

ABayliss

It certainly seems that you may be heading towards a situation where you could potentially have grounds for rejecting the vehicle, but as the dealer is attending to your complaints, if he is able to sort out the problems, it could be deemed that he is fulfilling his obligations under the CGA.
As you have purchased so many cars from this dealer, he should consider you to be a valued customer, therefore the best suggestion would be to discuss the matter with the dealer to see if he can exchange the car for a more reliable model.
As a back-up position, give the dealer one last attempt to repair the car (in writing), stating that if he can't fix it this 4th and final time, you will be rejecting the vehicle.

Chuckylives

Thank you, i will let you know how i get on.

Chuckylives

Will I took it back to car dealer with a letter stating the problems and this is his final chance to fix it and he got a bit upset then took the car (gave me a car to use) to get fixed. Three days later I got my car back the rattle in the back was fixed, it was the rear brake pads .........they were a couple of mm to small for the car and were rattling? He also drove my car around for approx 140km with no break downs which like he said is what he would expect. The car was given back to me with 2 lights attached, 1 for fuel and 1 for the engine electrics. The story is which every light goes out will tell us what end the problem is at. But within 1 hour of having the car back and once I got home the garage and inside the car smelt very strongly of petrol, knowing they had just replaced the fuel pump I lifted the rear seat to find petrol was pumping out from the top seal of the fuel pump cover on the tank.
He came out and took the car away again. 2 days later it’s back with no petrol leak but still the random break downs haven’t been fixed as they can’t find the problem. What can I do?
Thanks

Anon

As a last resort you can write a letter rejecting the vehicle, as long as you have genuine major problems that aren't being rectified, and give this to the manager of the site but if he doesn't accept this you will need to go to the Motor Vehicle Disputes Tribunal to have your case heard in court. The courts will have to decide the outcome.