‘Perfect’ car would only work in reverse gear
AMANDA Edwards thought the 1994 Mazda Familia would suit her son Jayden for the drive to his first job, and the salesman backed her up saying the older model would be ‘‘perfect’’. And it had a warranty.
She paid the $1300 asking price, insisted it have a Warrant of Fitness when supplied, and four days later handed the keys over to her son.
But just 10 days later the car developed a strange fault –it would only drive in reverse.
And to make matters worse, when Edwards, from Feilding, asked for a refund from The King of Cars, a yard in Palmerston North, she was refused..
‘‘My son got in it to go to work one morning, and started it fine and put it into drive, and it just revved like it was in neutral. He put it into first and second, and it wouldn’t drive, except in reverse. It was a dud car.’’
She contacted the yard only to be told it would not be refunded without a written warranty.
However, after seeking advice from the Consumer Protection helpline about how to complain, the Motor Vehicle Disputes Tribunal found in her favour in a decision released Friday, and she was awarded a full refund plus a $50 tribunal application fee.
‘‘Even the [adjudicator] said ‘what are you supposed to do, drive it in reverse to Palmy?’,’’ Edwards said.
Car Fox director Tom Rolton did not attend the hearing, but in a written submission told the tribunal Edwards should not get a refund as ‘‘she should not expect anything more from such an old, low cost, high mileage end of life car,’’ the decision report said. ‘‘A $1300 vehicle is half a step from a scrap project, parts vehicle.’’
While Rolton was correct that the level of consumer protection Edwards should expect was relative to the age and high mileage of the car, he was wrong in thinking she had no consumer rights, the decision said.
‘‘Even a $1300 vehicle such as Ms Edwards’ Mazda should be good for at least one month of motoring without requiring major repairs.’’
Car Fox was ordered to pay the costs within a week of the decision. Edwards said after some back and forth emails with Rolton, and the Tribunal threatening to go to mediation, she was eventually paid the refund.