VCAT - are there any other alternatives? Have you been successful?

Submitted: Friday, Jan 21, 2011 at 14:28
ThreadID: 83795 Views:4158 Replies:10 FollowUps:11
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Well it seems I've come to the end of the road with negotiating a favourable outcome with Nissan HO with the head on my 3.0l '04 Patrol recently cracking at around 93,000 km's. What was a bigger surprise was finding damage on top of the piston.
Not a spring chicken but at that mileage it was just out of Extended warranty and well short of the 150,000 km's that I paid for.
Long story short. Nissan knocked back any offer of assistance in the first instance. They then came back and offered a bottom end rebuild kit but no head and I had to sign a 'deed of release'.
Well the costs, on top this 'generous' offer, are still around $10,000 and not good enough for a diesel powered vehicle with this mileage.

VCAT (Victorian Civil and Administrative Tribunal) now seems my only recourse. There is also an 8 month wait if I go down the VCAT road but it looks like I don't have any other choice.

Are there any other options? Have YOU been successful at VCAT? If so what was your strategy? email may be better for this information! heyhey@aanet.com.au

Cheers,
Leroy


P.S. I think you'd have to be nuts to buy one of these 3.0TD powered Patrols second hand now. If it goes bang you're up for thousands.
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Reply By: Dave(NSW) - Friday, Jan 21, 2011 at 15:22

Friday, Jan 21, 2011 at 15:22
Leroy,
Sorry to hear about the problems you have had with your motor, there was a guy on here awhile back trying to collect infomation on the 3lt problems but I'm not sure who it was, Someone else might know.
Cheers Dave.
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AnswerID: 442570

Reply By: Road Warrior - Friday, Jan 21, 2011 at 15:53

Friday, Jan 21, 2011 at 15:53
Have you considered Today Tonight or A Current Affair? They love this sort of thing. A little bit of media embarrassment might poke them into being a bit more generous.
AnswerID: 442573

Follow Up By: Leroy - Friday, Jan 21, 2011 at 16:29

Friday, Jan 21, 2011 at 16:29
Not interested. I just want to get it fixed.

Leroy
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Follow Up By: Leroy - Friday, Jan 21, 2011 at 16:31

Friday, Jan 21, 2011 at 16:31
In saying that though anything to 'poke' at them is a good thing, just don't think those shows would be interested as 3.0l issues have been around for a while.

Leroy
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Follow Up By: Begaboy - Saturday, Jan 22, 2011 at 10:54

Saturday, Jan 22, 2011 at 10:54
maybe thats the point - its been happening for a while , and it still continues to happen .... even after exposure nissan still try to deny the motor issues that are well documented
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Reply By: tonysmc - Friday, Jan 21, 2011 at 16:57

Friday, Jan 21, 2011 at 16:57
Hello Leroy,

I cannot help you with the question on VCAT, however I thought I might mention that I found All Head Services in Braeside, Melbourne very good. They use brand new heads, not reconditioned and their prices were excellent. It was a number of years ago I used them so hopefully it hasn't changed. I have not affiliation with them. Their number is; 1300 416 181.

Good luck.

Tony.
AnswerID: 442580

Follow Up By: Leroy - Monday, Feb 07, 2011 at 12:21

Monday, Feb 07, 2011 at 12:21
Thanks.

Leroy
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Reply By: Madfisher - Friday, Jan 21, 2011 at 19:42

Friday, Jan 21, 2011 at 19:42
We run a mixed 4wd hire fleet. We have always run Toyos. Anyhow because of the huge price diff decided to give some other brands ago. We have warranty issues now with a couple of Navaras and I can not believe how difficult Nissan are being. First and last purchase of Nissans I think. Note we rarely have any issues when a Toyo needs warranty work.
Cheers Pete
AnswerID: 442598

Follow Up By: Leroy - Monday, Feb 07, 2011 at 12:21

Monday, Feb 07, 2011 at 12:21
I have found Nissan very difficult to deal with with in warranty issues let alone out of warranty!

Leroy
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Reply By: patsproule - Friday, Jan 21, 2011 at 22:14

Friday, Jan 21, 2011 at 22:14
Please have a good read of the patrol4x4.com forums - the GU section. At least one blow-up of a ZD30 is reported there each week (2 this week!) and some owners have been successful in claims against Nissan after protracted battles. You wont find much evidence though of the final settlements as all have been signed to non-disclosure agreements as a part of their payouts. There is a class action group gathering strength though.

Pat
AnswerID: 442616

Follow Up By: patsproule - Friday, Jan 21, 2011 at 22:24

Friday, Jan 21, 2011 at 22:24
Ok, so yours is #3 ZD30 going bang this week on patrol4x4. Good luck.

Pat

P.S. - there is a reseller of rebuilt ZD30's on ebay - short motors for $4.5k or so. Add your injectors, pump and ancillaries.
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Follow Up By: Leroy - Monday, Feb 07, 2011 at 12:22

Monday, Feb 07, 2011 at 12:22
Thanks for that. Do you know who's heading this class action group as I would like the details.

Cheers,
Leroy
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Reply By: OREJAP - Friday, Jan 21, 2011 at 22:24

Friday, Jan 21, 2011 at 22:24
Had a problem with Nissan in 1998 regarding my Patrol. I was amazed when I filled the sub tank & got 31.89 litres into it. I complained to the dealer stating that I bought the car for the advertised 40 lt sub tank. The dealer referred it to Nissan who basically adopted the policy of "STIFF" They then blamed the dealer for not informing me that the sub tank did not take the 40 ltrs & the dealer should have realised this after Nissan Aust sent out a bulletin to ALL dealers stating the sub tank was a design fault. A "flyer" was to be inserted in all Owners handbooks in the Patrols. I contacted Nissan & informed them that I had purchased the vehicle two mths prior to this bulletin being released to all dealers. I was told it was the dealers problem not Nissan. I told Nissan that it was their vehicle & I would inform every media outlet in Australia about my dealings with them and their mis represented vehicle. I received a lovely letter back telling me I had two years extra warranty & road side assist on the vehicle & other "goodies" I have never purchased another Nissan product since. The wisest thing I ever did was Not trade my Patrol on a 2001 3 ltr. LOL.
AnswerID: 442618

Reply By: Axle - Friday, Jan 21, 2011 at 23:11

Friday, Jan 21, 2011 at 23:11
G/Day Leroy, Painful exercise i know, Why the offer for a bottom end rebuild kit???, Don't tell me it was stuffed as well at those Ks?


Cheers Axle
AnswerID: 442623

Follow Up By: Michael ( Moss Vale NSW) - Saturday, Jan 22, 2011 at 12:30

Saturday, Jan 22, 2011 at 12:30
It does make you wonder about the thinking of Nissan Australia. I would have thought that as Nissan Aust was buying from Japan, they would simply honour all those sorts of claims and throw it back on the parent company to sort compensate Nissan Aust,, It doesnt make sense for Nissan Aust to not try to support thier customers to ensure a growing sales base!! What does it take to show Nissan up as crook company?? Michael
Patrol 4.2TDi 2003

Retired 2016 and now Out and About!

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Follow Up By: Leroy - Monday, Feb 07, 2011 at 12:28

Monday, Feb 07, 2011 at 12:28
@Axle

Nissan offered a bottom end rebuild kit because the glow plug tip dropped into the engine resulting in divits in the piston. And if you're going to replace one piston you may as well do the lot. Aparently the kit includes a block.


@Michael

I know I won't buy a Nissan again and I'm in the market for a new car and probably a replacement as well for the Patrol in a couple of years.
Toyota have this philosophy of getting you into a new Toyota early in life and keeping you as a customer for life.
Makes you wonder how Nissans sales and marketing team think.

Leroy
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Reply By: Mr Pointyhead - Saturday, Jan 22, 2011 at 08:21

Saturday, Jan 22, 2011 at 08:21
What would be nice is for a group of Nissan Patrol owners who have had their engines grenade to fund a full page advertisment in all of the main capitail city newspapers informing the general public of the issues they have had

Alternatively, a class action from one of the ambulance chaser law firms.


AnswerID: 442644

Reply By: Best Off Road - Saturday, Jan 22, 2011 at 08:38

Saturday, Jan 22, 2011 at 08:38
I've been to VCAT/SCT six times for six wins. Give me a call Monday 9706 6527 and I'll give you a few simple tips. Out of warranty does not mean anything.

Jim.

AnswerID: 442647

Follow Up By: Leroy - Monday, Feb 07, 2011 at 12:30

Monday, Feb 07, 2011 at 12:30
Thanks. I've been away and will call shortly.

Cheers,
Leroy
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Reply By: Sigmund - Saturday, Jan 22, 2011 at 09:55

Saturday, Jan 22, 2011 at 09:55
That it was outside of the warranty period doesn't mean you have no rights. Under consumer law an item has to be fit for purpose and of merchantable quality.

I gather you are in a rush and as posted, you may find that a letter from Slater and Gordon will nudge the plicks in the right direction.
AnswerID: 442660

Follow Up By: Leroy - Monday, Feb 07, 2011 at 12:30

Monday, Feb 07, 2011 at 12:30
And this is why I'm chasing this up.

Cheers,
Leroy
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