Long and winding road to a car-deal remedy
Q. We purchased a 2010 European car from a dealer in May last year. Since we took it home we’ve had numerous problems with it (coolant leak, which the dealer fixed – twice – oil leak, completely worn brakes, central locking not working, spare key not coded). When we bought it, the dealer arranged for the warrant of fitness and gave us the paperwork, but the paper itself is from the previous year. They also gave us details of an inspection on the car, which didn’t pick up any of these issues. There was no mention of purchasing any warranty, unfortunately. While we’re unhappy the car has needed so much work, we’ve sucked it up and paid nearly $3000 to get it back up to standard. But now we have discovered it could have an issue with the engine that damages it over time. The manufacturer of the car is aware of the issue (someone in the US successfully sued them) but we’re not sure of our rights here in New Zealand. And are wary of what it will cost to even diagnose the issue. We’re also suspicious the dealer, who specialises in European cars, probably knew of this. They have told us it’s nothing to do with them.
A. Cade Wilson, a motoring adviser at the AA, said if a car bought from a dealer had problems, buyers should go back to the dealer and ask for a remedy. That could range from a repair through to a refund if the problem was serious.
But this has to be agreed on, and it isn’t always easy, especially if the dealer has already told you it’s not their problem.
‘‘Where there is a dispute over the length of ownership, nature of faults and who should be responsible, often the decision can only be finalised in the Disputes Tribunal,’’ he said.
With regard to the manufacturer, it was a different scenario.
‘‘It would need to be determined if the vehicle is New Zealand-new or an import. Is there any global remedy/recall offered? Used Japanese domestic imported vehicles are not usually handpicked by the manufacturer specifically for the New Zealand market, and in a lot of cases [manufacturers] provide no support for a vehicle that they didn’t bring here.
‘‘Using overseas information is not always accurate as the vehicle and components can be manufactured in different countries for different markets – so faults don’t always translate into the New Zealand market. Sometimes for vehicles just out of warranty manufacturers can assist as a goodwill remedy for those customers who have taken every reasonable step to ensure all the manufacturer’s servicing has been followed and the fault is classed as a premature failure.’’
He said owners would have to consider the reasonable life expectancy of a vehicle when they thought about whether a fault was acceptable.
‘‘A vehicle manufacturer will use a particular vehicle model range for around five to seven years and then create an all-new generation. So to a manufacturer this could signal the end of a vehicle’s most useful life, but to a vehicle owner in New Zealand it’s still new, as our national fleet average is 16.5 years old. We really expect a lot from our vehicles. Using the Consumer Guarantees Act, the older the vehicle is, the less likely a remedy.’’
Q. I booked a return flight on eDreams to/from Nelson. But then I needed to change the date. The website would not allow me to do this. I phoned – no answer. I sent an email. I realised it was likely I would lose the price of the fare. Just recently I received a survey on how my flight had gone. As you can imagine it’s very difficult to comment on something that never happened! However I noticed that there was a ‘‘help’’ button but clicking on to this led immediately to an ‘‘error’’ page.
A. Jessica Wilson, head of research at Consumer NZ, said while eDreams was based in Madrid, it operated in New Zealand as a travel agent and had obligations under the Consumer Guarantees Act to provide services with reasonable care and skill.
The company also has to meet its obligations under its own terms and conditions. These terms and conditions state the services offered include helping customers change flight bookings.
‘‘In this case, the customer says he attempted to change his booking via the company’s website but without success and subsequent efforts to contact it proved equally unsuccessful. Based on this, and assuming the customer paid by credit or debit card, we’d suggest he ask his bank for a chargeback. Alternatively, he could take the case to the Disputes Tribunal and seek compensation for the losses he’s incurred.’’