General responsabilties question

[Guest]

Hi guys, New Subaru Blizten wagon owner here.

Just recently bought the car within the last 5 months and i took it to Armstrong motor's here in Lower Hutt yesterday to get a service done on it.

Apparently the Cam Belt was never replaced at 100,000 km's which leads them to beleive the 100,000km service was never done.

I bought the car at 100,854km

Seeming i just bought the car off a car yard am i going to have to bite the bullet and pay to get this done or should the car yard have taken care of it before selling me the car?

There was never any mention of having to replace the cambelt when i bought the car either so i have barely had the car for 5 months and BAM $1500 near enough bill already.

Any help would be apprieciated before i go storming into the car yard to pick a fight

[nztintin]

Same happened to me, except my car was at 114k when i bought it

"buyer beware" and all that shit means you will end up out of pocket.

[funkytown]

yup id say tintins got it nailed.

an expensive lessoned learned. I'd still have a rant and an "FU" to the car sales yard.

[GC8E2DD]

That is bad luck. If you had come on here beforehand and asked what to look out for, everyone would have sung in three part harmony "has the cam belt been done?"

[boon]

Mate I suspect you're up the creek. If they didn't make any representations to the fact that it HAD been done, then it's caveat emptor.

[Guest]

Not really what i wanted to hear

Still you never know they might be good sorts and help me out.

I doubt it however

You would think that they at least would have let me know it was due when i was looking at purchasing the car.

Off the top of your heads how much in total was the 100,000km service worth all up?

[nztintin]

I had a mean rant at the yard! In the middle of the yard top of my lungs yelling at the manager who was trying to het me to go inside, made at least 5 people walk off the yard!

I had even got an aa report on the car, the car yard didn't give me the last page of the report with the notes saying "no evidence of cambelt being changed" and "no material left on rear brake pads"

Never go to 4guys or autozone in hamilton, unless you just want to go for a skid in a car!

Edit* cambelt, waterpump and service cost me about $1k..... Sorry

[Guest]

Well, Im still going to go in and see what they say.

I DID take out the extended mechanical warrently on the car.

So im counting my blessings on that one.

But not even 5 month's in i shouldnt be having these problems with the car.

If it was a year down the track i would bite the bullet.

I have already had to replace one tire because it split due to age and apparently another tire is on its way out as well.

I shrugged at that one because a tire is noted as a consumable and didnt think i would have any other problems.

*edit* oh yeah and i bought mine at Shackels in Lower Hutt

[RAYDEO]

it is unfortunate, but the first thing you should check is the state of the engine and included in that is "has the C/belt been done"

the salesman would have known i was due, and im picking "would have told you had you asked"

not having a go, but you never want to give a potential buyer any reason NOT to buy the car, you only surrender that info if they ask...

not really the right way of doing it, but it not exactly "hiding" anything.

its lik saying. I'm selling rims, and expecting them to come with tyres, if you didnt ask, you cant complain when they show up on your door step as bare rims.

[Guest]

Looking up the consumer car buying rights online it states

"If the Problem is Serious IE: You would'nt have bought the Vehicle if you had known the fault existed then you can choose wether to accept a repair, A Replacement, or a Refund."

Im sure it will be a battle but i think i should be able to twist their arm.

Its not like i want a refund or a new vehicle as i DO like my sub

[boon]

 Reinate said:

Well, Im still going to go in and see what they say.

I DID take out the extended mechanical warrently on the car.

So im counting my blessings on that one.

But not even 5 month's in i shouldnt be having these problems with the car.

If it was a year down the track i would bite the bullet.

I have already had to replace one tire because it split due to age and apparently another tire is on its way out as well.

I shrugged at that one because a tire is noted as a consumable and didnt think i would have any other problems.

*edit* oh yeah and i bought mine at Shackels in Lower Hutt

The cambelt, water pump, idlers, diff fluid and all the other stuff changed at a 100k service are all consumables, just like the tires.

Likewise, they sure as hell aren't covered by any warranty, unless, say, your 10000km old cambelt snapped and lunched the motor.

EDIT: A car needing some consumables replaced isn't a fault, and I don't think the car yard would have a hard time arguing that fact to an adjudicator in the disputes tribunal.

Just like it's not a 'fault' if the car runs out of petrol, it's a consumable thats been consumed.

[Guest]

hmmm ... again ... your not filling me with hope here

Not a good start to owning a Sub

[ODB]

Look Id go in and rant and rave.

This kinda stuff is mandatory on cars.

You can bet your bottom dollar they didnt pay as much for trade in on the basis it hadnt been done. not disclosing this is a pretty shitty move imo.

Legally they are probably OK but morally definately in the wrong.

Say you will ring fair go if they wont pay for it all to be done!

[Guest]

 ODB said:

Look Id go in and rant and rave.

This kinda stuff is mandatory on cars.

You can bet your bottom dollar they didnt pay as much for trade in on the basis it hadnt been done. not disclosing this is a pretty s***ty move imo.

Legally they are probably OK but morally definately in the wrong.

Say you will ring fair go if they wont pay for it all to be done!

Im not going to rant and rave. Ill go in there all calm and collect. And discuss it with them.

After being in sales for 3-4 years if someone came in screaming at me the less i wanted to help them.

[ODB]

LOL

you will soon learn grasshopper.

The biggests tw@ts usually get treated the best in my experience.

Rich pricks are rich for a reason - cos they bitch and moan about the smallest thing and get $$ back.

[RAYDEO]

start with the calm approach, but if its not getting you anywhere, then wind up the tempo...

interested to see what happens.

[Nick_96_RSB]

agreed, ive worked in hospo for 10 years & if anyone comes at me screaming & ranting at the top of their lungs the best they are going to get from me is escorted off the premises. if they are under no legal obligation then yelling is only going to make you look like a herp derp & get you told to eff off. you've already given them your money so your bargaining position is now weak

I would either calmly ask for some kind of resolution, even if they will partially cover the cost?

IMO you have left it for 5 months, so basically you are going to have take the costs on the nose, and remember for next time. I'm sure had you brought it up when you were negotiating to buy it & said "hey, i want this car, but i'm concerned about the cambelt etc, you get the work done & i will buy the car" then you might be in a different position. but as i see it 5 months is too long to leave it to go back - Buyer Beware

[ODB]

lol soft cocks.

You are coming from a completely different angle Nick.

Hospo is not sales. Your honest reputation does not determine whether people will go there for a drink.

Kick up enough noise and it will hit a sales outfit hard where it hurts - in the pocket.

Hence the ranting and raving in public is best approach here.

[Nick_96_RSB]

 ODB said:

lol soft cocks.

You are coming from a completely different angle Nick.

Hospo is not sales. Your honest reputation does not determine whether people will go there for a drink.

Kick up enough noise and it will hit a sales outfit hard where it hurts - in the pocket.

Hence the ranting and raving in public is best approach here.

errrm, yes it is........ & yes it does.... if you went to a bar and the bar staff were complete ahole's to you every time you went there would you go back? no...... bars dont give away drinks for free, and alot of them are 1 mil+ a year business' from Selling liquor/food

there are plenty of people that will come to a bar i am working at because of how i treat/look after them

"Never trust a used car salesman" .... or a skinny chef for that matter

[Guest]

Like i said ... ill be going in there to start with a polite attitude.

If they tell me to "F.O" Then i will start ramping up with the C.G.A etc.

And im just over halfway through month 4 ... bought the car sept 14'th

Ill keep you guys updated on what they say at least on saturday.

And i do Appreciate the help.

[Jammasta]

 Reinate said:

hmmm ... again ... your not filling me with hope here

Not a good start to owning a Sub

I doubt it's the subs fault. Would happen with any car when you don't ask the basic questions.

Go in there with your AK ready to spray

[Guest]

 TURTLE said:

I doubt it's the subs fault.

lol, Sure it is....

Bad sub ... go sit in the corner and think about what you have done

Reading through my Extended Mechanical warranty booklet though it does not cover pre-existing conditions and it pretty much says the cam belt is my own problem

[boon]

 Reinate said:

Like i said ... ill be going in there to start with a polite attitude.

If they tell me to "F.O" Then i will start ramping up with the C.G.A etc.

And im just over halfway through month 4 ... bought the car sept 14'th

Ill keep you guys updated on what they say at least on saturday.

And i do Appreciate the help.

Sorry to say it man but the CGA isn't going to do shit for you, and I'm pretty well acquainted with that particular little bit of legislation.

You're talking about consumables on a second-hand vehicle. If it was a FAULT then you would have some recourse but it's not a fault, there's nothing at all wrong with the car. If the cambelt snapped and broke the motor it STILL wouldn't be the vendors problem, as you can reasonably expect a 100k old cambelt to snap. The vendor isn't required to point out things that aren't faults. I think this is where you're getting stuck - you're treating it like the car is broken/faulty, but it's not. The only way you would have recourse is if the vendor made a representation to you that the 100thou sevice HAD been done, when in fact it hadn't. Do a google on "Caveat Emptor" and you will see why you're sunk, and any help you get from the dealer will be solely out of their own generosity.

Without wanting to be a dick, don't expect them to pick up the pieces when you didn't sufficiently inspect the vehicle before purchasing.

[Guest]

Well i approched the caryard in regards to the cambelt not being done.

They were very nice about it but basically stated what everyone here has been saying about consumable items etc.

They have however offered me that their mechanics do it for half the price.

[pedro]

Thats a good result...If you do a deal with them in the future they will look after you .

Repeat business is what its all about.