80,000 km service nightmare

Submitted: Thursday, Nov 10, 2005 at 20:03
ThreadID: 27990 Views:3573 Replies:15 FollowUps:16
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Could any one advise on the legalities of the a little dilemma I find my self in. Booked the frontera in for the 80,000 km service which included all oils and fluids being changed.

On collection of the vehicle I took off for a weekend away. On the second day the auto transmission started slipping so the car was parked for the rest of the weekend and driven very gingerly home.

The first day back I returned to the service centre to have it checked out and it appears that they did not put enough auto transmission fluid back into the auto. They topped it up and said it will be fine.

Couple of days later the tranny started slipping again and on return to the servicer I was told that it was my resposnsibility to check my own fluid levels after leaving their workshop, even after they serviced the car.

the sh1t fight has started,

purpose of the post does any one have advice on this type of problem? is it worth going through the normal rigmoral or is there a quicker method or body that help me with this.

thanks in advance,

P.S. won't mention the mob by name but they did fight a court case against the car manufacturers to allow their work not to breach new car warranties.

Ren

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Reply By: MAVERICK(WA) - Thursday, Nov 10, 2005 at 20:29

Thursday, Nov 10, 2005 at 20:29
At first reading it appears you may some form of claim as they have admitted liability by 'topping' it up and giving an opinion as to its future servicability - saying all that though you now need to sit down and as best you can document EXACTLY what was said by whom and at what time - a pain but you haven't even started yet. Get a couple of opinions including one from Holden - relate the story exactly and try to get in writing an opinion - difficult but not impossible. You also need to remember where on the dipstick the level was when you checked it before you stopped using it in the bush. When you returned it was any offer made to drain and refill? Not really much use topping up 'burnt' auto fluid. I gather this may be a franchised operation - if so then approach the head office with your complaint AFTER you have informed the original owner of your displeasure with his actions so far.......and all this needs to be in writing........pain in the @rse and will consume time but this is where you are now headed. I cannot stress enough how you must ensure everything is in writing and if mail is used then must be certified to ensure the "I didn't receive it" cannot be used. The bit about checking the work prior to leaving is rubbish - won't stand up and there are precedents anyway - they took your money and so guaranteed a job......you did keep the receipts and service warranty sheet didn't you? If after a few months you have not received satisfaction then do what you maybe should do in the first place and that is hit the 6.30pm infotainment shows on 7 and/or 9 - they just love these types of things........good luck and don't be shy - let us all know who it is.....rgds
Slow down and relax......

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AnswerID: 138862

Follow Up By: Member - rengatt (VIC) - Thursday, Nov 10, 2005 at 20:46

Thursday, Nov 10, 2005 at 20:46
I have documented all the events including the day the fluid was topped up.

The next step is off to the Head office to complain officially to the company along with the threat that I will go to the media.

All recepits have been kept and even the service book is stamped :-).

One of the excuses they have given is that when they top up the fliud they need to run the car in drive for the auto to take up the fluid and the apprentice doing the job didn't know. Unreal how they blame the poor innocents. So one of my next questions will be why I wasn't charged apprentice rate on the original invoice.

thanks for your advice though will take it on board.

cheers.

Ren
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FollowupID: 392623

Follow Up By: Member - rengatt (VIC) - Thursday, Nov 10, 2005 at 20:48

Thursday, Nov 10, 2005 at 20:48
sorry, didn't iImention it was ULTRATUNE.
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Follow Up By: Exploder - Thursday, Nov 10, 2005 at 21:07

Thursday, Nov 10, 2005 at 21:07
Bull bleep , if the engine is running the Auto is pumping fluid around.

They blame the apprentice, as they can’t be held responsible, as they are not yet qualified.

If you had a power flush and it sound’s as if you did. This type of flushing I have heard can case problems like ballooning of seals damage to gaskets (Normally on higher K transmissions but).


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Follow Up By: Utemad - Friday, Nov 11, 2005 at 11:00

Friday, Nov 11, 2005 at 11:00
The apprentice probably can't be held liable for mistakes. However the fully qualified tradesman who was watching him and checking his work can be.

This is the reason why you don't pay less for an apprentice to work on your car. Unfortunately some businesses use apprentices as cheap labour or just get slack and don't check on them.
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Reply By: howesy - Thursday, Nov 10, 2005 at 20:29

Thursday, Nov 10, 2005 at 20:29
They are trying to bluff you. Nail them by their nuts to the wall. If you booked it in for a log book service then it quite clearly in vehicle log books lists one of the operations as checking and adjusting all fluid levels. I suppose they would expect you to take it home after a tappet adjustment and pull the cover and check all the valve clearances do they. Go to equivalent of dept of fair trading or see if Vaa will take it up and tell him if it goes to court there will be an anonymous tip to have media there.
AnswerID: 138863

Reply By: Nudenut - Thursday, Nov 10, 2005 at 20:48

Thursday, Nov 10, 2005 at 20:48
go to consumer affairs, but before you do.....

take note of who told you it was your responsiblity to check fluid levels ..after your service?

note every thing in diary...all discussions in chronoligical order

then go get em!

they are responsible...take out a claim for loss due to not being able to enjoy your holiday as planned!
AnswerID: 138866

Reply By: Exploder - Thursday, Nov 10, 2005 at 20:52

Thursday, Nov 10, 2005 at 20:52
How under filled was it did they say, if the fluid was low the auto should have been playing up as soon as it left the shop (Like ruff shifting) It may also of gone into safe mode this is maybe why it was not noticed till 2 day’s later and a waning light should have came on. (If it has one).

I would be checking out if they put the right Transmission fluid in the box as-well as this can stuff some Auto’s right up.
Do the frontiers even have a dipstick on the transmissions?

Also
This is not the first time I have heard of crap service by this mob!!
AnswerID: 138867

Follow Up By: Member - rengatt (VIC) - Thursday, Nov 10, 2005 at 21:01

Thursday, Nov 10, 2005 at 21:01
There is no dipstick on the Frontera auto. They claimed that another 2 litres of oil went in to the tranny.

No warning light came on at any stage and the slipping was not noticable at first and got gradually worse after each take off.

will check the tranny oil type though.

thanks
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FollowupID: 392626

Follow Up By: Exploder - Thursday, Nov 10, 2005 at 21:25

Thursday, Nov 10, 2005 at 21:25
2 under, that is rather serous, that’s like half the pan capacity, the transmission probably holds about 8 and most of that is used in T/converter (They are thirsty) the rest being pumped around and in the valve body.

I think the pump would of definitely been running dry at times and the pressure would have been down.

My transmission has a dipstick and when I did a (Backyard) flush on mine I under filled it by 350ml and it would not even register on the dipstick. So 2 litres under is hardly an accident, they clearly did not check the level after the flush, or monitor the fluid in to fluid out ratio.
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Follow Up By: Utemad - Friday, Nov 11, 2005 at 11:03

Friday, Nov 11, 2005 at 11:03
As has been stated Ultratune is a franchise. So saying you have heard dodgy things about them before is not overly helpful. As I have been going to Ultratune Moorooka (Brisbane) for 5 years and never had a problem they didn't fix.

Great company. I would (and do) recommend them to anyone.
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Reply By: porl - Thursday, Nov 10, 2005 at 21:06

Thursday, Nov 10, 2005 at 21:06
I concur, so to speak. There is fair trading legislation in every state in australia, if it fails you go to the Trade Practices Act. You are so in the right it is laughable. Unfortunately though litigation is expensive, that said most companies clearly in the wrong cave in prior to court actions. I agree with everthing that has been said above and suggest the cheapest way is to, now everything has been contemnporaneously recorded in writing, try your state's consumer affairs, if no goodwill from there go to a referred lawyer on the basis of a "you win you take a big share of damages after the cost of my vehicle being returned to original state is paid for", (and they get their costs when they win anyhow). Any lawyer will have a field day with them.
AnswerID: 138870

Follow Up By: Frank_Troopy - Thursday, Nov 10, 2005 at 23:51

Thursday, Nov 10, 2005 at 23:51
I agree with Porl, though maybe you should consider The Victorian Civil and Administrative Tribunal (VCAT). VCAT does not involve lawyers (unless both parties agree) so the costs aren't high. I have twice taken companies to small claims tribunals (once for a similar issue to yours) and on both occasions I won more than I was hoping for. In my case it was not in Victoria.

The more employees of the company you can involve in the claim the better as the company must pay wages to have them in court. Even for a short case, it amounts to each employee having half a day off work. Their incentive to settle the case is high and the cost for them to repair their error is generally less than the amount you would be claiming to have it repaired elsewhere.

It sounds like you would have a fairly straight forward case. The rule is to be well prepared and succinct. Courts don't like having their time wasted.

Good luck.
Frank.
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FollowupID: 392690

Reply By: Michael ( Moss Vale NSW) - Thursday, Nov 10, 2005 at 21:09

Thursday, Nov 10, 2005 at 21:09
Rengatt, Some people have abolutely no mechanical ability, thats why the have their car serviced and do what they do best to earn a dollar themselves. Some people would not know where the dipstick was, let alone how to check the auto fluid. When you pick up you car it should be in good working order until the next service i would have thought. Most modern engines dont use a lot of oil and a well serviced with low k's on the clock should under get to the next service without major problems. so the point of all this is that you should be able to rely on a service of your vehicle to not have to check all the fluid levels when you get the bloody thing home that day. Their responsibility, NOT yours. Michael
AnswerID: 138871

Follow Up By: kev.h - Thursday, Nov 10, 2005 at 21:28

Thursday, Nov 10, 2005 at 21:28
agree and you can argue that would have checked it at the next recomended interval as per your service book ( it will say check trans level at xxxx klms ) that infers that had they performed their service in anything but a neglegent manner you do not have an obligation to check the level until the stated klms are covered
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Reply By: Sky Pilot - Thursday, Nov 10, 2005 at 21:33

Thursday, Nov 10, 2005 at 21:33
I used one of these franchises once for a brake job to cure squeaking brakes on my car. After I took it home, having paid quite a bit, it was apparent that one side was not only squeaking, but leaking fluid. I took it back and they fixed it the next day.

I also got a quote from the same mob on doing a 50,000km service on my 4WD. They told me how you get ripped off by the manufacturer who would charge far more and gave me a quote. The next day I rang Toyota who quoted over $100 less for the same service. After those two experiences, I would never go back.

Finding a reliable honest trustworthy good mechanic is so difficult these days. If you find one, stick by them.
AnswerID: 138876

Reply By: Member - Phil G (SA) - Thursday, Nov 10, 2005 at 21:39

Thursday, Nov 10, 2005 at 21:39
Just keep your cool and approach all this in a methodical way. Aggro will only get their back up. Make sure you deal with the manager of the branch, and go to the head office if you're getting nowhere.

The fact that the Frontera doesn't even have a dipstick, and they expected you to check it, is the biggest laugh of all.

If you are an RACV member, their technical section may assist with how to go about dealing with the company that is "in tune with you and your car" :-)).

Don't go to or threaten with the media.

I wish you all the best.
AnswerID: 138878

Reply By: Footloose - Thursday, Nov 10, 2005 at 22:34

Thursday, Nov 10, 2005 at 22:34
If your account of things is correct, then they are in default of contract. They did not service your vehicle correctly, nor did they offer any reason why they didn't offer to make good your damages. All they've offered is the usual bull^&*( bluff.
To suggest that you have to check the work that you have paid for in good faith is laughable, and culpable.
Take the advice of others here and adopt a softly softly but carry a big stick approach.
Remember that you are doing others who may not be in a position of knowledge, a huge favour.
I would describe them by using the same word some Froggy pollie used to describe people who riot and burn cars and buses.
AnswerID: 138891

Reply By: Truckster (Vic) - Thursday, Nov 10, 2005 at 22:35

Thursday, Nov 10, 2005 at 22:35
See a lawyer. No point asking here.
AnswerID: 138892

Follow Up By: Truckster (Vic) - Friday, Nov 11, 2005 at 00:07

Friday, Nov 11, 2005 at 00:07
I suggest
Dewy Cheatem and Howe.
(see who remembers this one)
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FollowupID: 392693

Follow Up By: Eric from Cape York Connections - Friday, Nov 11, 2005 at 06:30

Friday, Nov 11, 2005 at 06:30
Thats a good idea talk to a lawyer at about $200 per word.

All the best
Eric
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FollowupID: 392717

Follow Up By: Member - Blue (VIC) - Friday, Nov 11, 2005 at 08:10

Friday, Nov 11, 2005 at 08:10
I'd go to one of those "No-win-no-fee" guy's first, they give you 30mins free to plead your case. If they think it's worth it, they're like rabbid dogs...
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FollowupID: 392728

Follow Up By: Truckster (Vic) - Friday, Nov 11, 2005 at 10:01

Friday, Nov 11, 2005 at 10:01
I suppose your right eric..

Better off to ask here where he will get 2903230498 different answers, probably 1 right, and good luck picking that one.

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FollowupID: 392739

Reply By: Tim HJ61 (WA) - Friday, Nov 11, 2005 at 01:34

Friday, Nov 11, 2005 at 01:34
Ren,

Not much of a supporter of running to the media myself but reckon there's some good hints above.
Not sure about running to the lawyers either, not yet.

Figure out what you actually want from your discussions with them. Do you want a replacement transmission, do you want the oil changed and correctly filled, do you want an apology - figure on what you reckon is a fair thing for YOU, not them, nor what you reckon they might come at.

You'll need to do some more homework on what damage may have been done to the tranny by underfilling I reckon. If you say you want a new transmission, they say no, and it goes to an independent arbitrator who gets independent mechanical engineering advice that underfilling by 2 litres and running for XX kms will not do lasting damage, then you've wasted all your emotional energy. However if you get enough other considered opinions on the actual impact on your tranny before going back to the company, you're in a much stronger position.

Once you have an outcome in mind, go back and state your case. They serviced your vehicle, admitted liability, you are not happy, have independent expert opinion that the oil needs dropping again and refilling, or new tranny or whatever, and when are they going to do it. Having a reasonable outcome in mind and stated is much better than doing a Today Tonight - which interestingly many here both roundly criticise but also then advocate as a solution!

Good luck.
Tim
AnswerID: 138905

Follow Up By: Sky Pilot - Friday, Nov 11, 2005 at 10:23

Friday, Nov 11, 2005 at 10:23
Actually, having your business named on a forum used by hundreds of potential customers who know hundreds of other potential customers is fairly punishing anway. I have seen a thread on another forum where owners of a certain brand of car name the dealer servicing their car and state their satisfaction or otherwise with that dealer's treatment of them and servicing of their car. There is actually a lot to be said for that I think. If you have had a really bad experience with a dealer, why not warn others. If you are very happy with a dealer, let others know as it helps them make decisions too.
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FollowupID: 392743

Reply By: garthyguts - Friday, Nov 11, 2005 at 10:21

Friday, Nov 11, 2005 at 10:21
just take all info back to them speak to manager first,then to head office with copy
of letter to them and motor traders assocation.they have right to first reply.
then if no action, then go to comsumer affairs.
AnswerID: 138942

Reply By: wheeler - Friday, Nov 11, 2005 at 11:00

Friday, Nov 11, 2005 at 11:00
Ren
I agree with tim hj61. Going to the lawyers is going to cost you...one way or another. Going to the media will also acheive nothing except getting your face on tv. I know hindsight is a beautifual thing, but why would you have taken your car to someone like ultratune rather than a specilaist 4wd service centre. Where you looking for some where cheap? If so you got exactly waht you were looking for by the looks of it.
Cheers
saab
AnswerID: 138952

Follow Up By: Utemad - Friday, Nov 11, 2005 at 11:07

Friday, Nov 11, 2005 at 11:07
Why would you take your vehicle to a 4wd specialist for an auto service?

Especially when '4wd specialist' most likely really means 'Toyota/Nissan 4wd specialist' or 'we'll do anything for a buck but prefer 4wds'.

How would changing the auto fluid be any different in a Frontera than a Falcon?

If you want a specialist why not find an auto transmission specialist?
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FollowupID: 392757

Reply By: wheeler - Friday, Nov 11, 2005 at 14:35

Friday, Nov 11, 2005 at 14:35
Hey ute mad
Who said anything about doing anything for a buck type places. I am not sure where Ren is from, but where I am from, There are a couple of very reputable service centres that are staffed by 4wd enthusiasts that specilaise in 4wd work and understand that a Frontera is very different to a Falcon.
The falcon doesnt have a transfer case to start with.
Dont disagree with you that a auto trans specialist would be better if you had a definate transmission problem, but as far as I can tell Ren just had his car in for a regular 80k service, why would he take it to a trans specialist for that unless its a trans specilaist that will "do anything for a buck" :-)
Cheers
AnswerID: 138982

Follow Up By: Member - Bill F (VIC) - Friday, Nov 11, 2005 at 19:27

Friday, Nov 11, 2005 at 19:27
Well said wheeler

Bill F
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FollowupID: 392816

Reply By: Wisey (NSW) - Friday, Nov 11, 2005 at 21:25

Friday, Nov 11, 2005 at 21:25
Rengatt,
I hope you get rectrification and satisfaction from the problem the workshop has caused you. It's one thing to go on hols' and have something go wrong (unexpected) but at the hands of another is a real PITA.

I was in the service center/parts office of a major car dealer just yesterday where the customer was given more than just a cool water and or coffee. Sky news on the tv (parliment ?what the????) and above it 2 monitors showing 2 service bays, from the front in real time. I thought about seeing my/your car being crashed or damaged while watching the mechanics were doing the work. ( hey!!! thats my car!!!!!)LOL, not.

But in your case you would not know if they put in 2 or 12ltr of anything or -(neg) 2 ltr.
Good Luck.
AnswerID: 139038

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