| Jeep the Sequel: More reader complaints as a Fiat owner joins the chorus |
MOMENTUM is building for a national “lemon law” to protect owners of dodgy cars, with a key federal senator declaring support for increased examination of “vehicle manufacturer conduct”.
“vehicle manufacturer conduct”.
After last week’s story which revealed how Jeep had finally relented and replaced a faulty car after one family’s exhausting battle, Public Defender was inundated with other horror stories (listed below).
The worst of them featured the Sifniotis family say their Jeep Grand Cherokee’s steering locked — while in motion — in August last year, five months after purchase.
In a September email the dealer said it had fixed what it called “a wiring concern”. But in November, while Mary Sifniotis was doing 100km/h on the M5, it happened again. She says she had to stop the car to unlock the steering wheel.
his, and 15 other less significant faults, led her and husband Con to request a refund. They had no success so contacted me after last week’s story.
A Jeep spokesman said the steering wheel locking again was only raised by Mr Sifniotis last week. Emails suggest this is not the case.
The Sifniotis have had access to a loan car at Jeep’s expense. However, they say they have also spent $12,000 on another car, because they do not want to drive the Jeep.
“My wife is too scared to even look at it, let alone sit in it or drive it,” Mr Sifniotis said. He said they believe the “vehicle is not roadworthy”.
The family intends to pursue a refund through the NSW Civil and Administrative Tribunal.
However, Jeep wants to conduct further testing on the vehicle.
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Following the unprecedented response to last week’s column — and ahead of an official review of existing legislation — a Public Defender probe of the case for a lemon law reveals:
* influential but rarely-heard-from crossbench senator Ricky Muir of the Australian Motoring Enthusiast Party wants the review to consider “greater consumer protection … in the area of motor vehicle sales and repairs”;
* the highly regarded Consumer Action Law Centre wants a law that defines a lemon as “a vehicle that has been repaired at least three times by the manufacturer or importer and the vehicle still has a defect or if the vehicle is out of service for 20 or more days in total due to a defect;
* the Australian Competition and Consumer Commission is “actively investigating … vehicle manufacturer conduct in the context of consumer guarantee obligations” and is “increasingly concerned about reports of consumers having difficulty with their new cars”; and
* there is no evidence that any new car owner has obtained a refund or replacement using the Australian Consumer Law (ACL), introduced in 2011.
Last week’s column on Jeep refunding a customer has led others to raise their car’s problems with your correspondent. Seven complaints about Jeep and one each about sister brands Fiat and Chrysler are covered today. I am still probing two about Kia and one each for Holden, Toyota, Ford, Audi and Mazda. There is no suggestion the ACCC investigation is focused on any of these brands.
Consumer Action CEO Gerard Brody said in the ACL review it would also argue for a switch in the “onus of proof” for at least the first six months of ownership
.“The trader should be required to prove that the goods are of an acceptable quality rather than this burden sitting with the consumer,” Mr Brody said. “We find that recalcitrant traders repeatedly repair cars and say they are working when they aren’t. This requires consumers to complain and complain and end up at the tribunal which can mean they give up.”
The federal minister responsible for consumer affairs Bruce Billson revealed the ACCC investigation to Public Defender yesterday. Of the existing law, he said: “If you buy a motor vehicle and it has a major failure, you have the right to choose between a refund or a replacement product. While not called a ‘lemon law’, consumer guarantees can provide similar redress.”
That said, the review of the ACL later this year “will be an opportunity to test how well the law is working and to see if changes are needed”.
Top consumer group Choice’s spokesman Tom Godfrey said the ACL review was timely.
“Too often we hear of consumers being driven into the aftermarket and given the run around by dealers when they seek redress,” Mr Godfrey said. “Some consumers are wondering how car companies are getting away with off-loading lemons”.
Noise and mirrors
PETER Curran says his 2013 Chrysler 300 SRT8 has many problems including a ticking sound from the engine and faults with the side mirrors. Jeep says “all required repair work has been carried out under warranty”. Mr Curran says this is not the case and he still wants a refund.
Won’t start
MATTHEW Good says his 2014 Jeep Grand Cherokee Blackhawk fails to start. It happened in November, February, April and May. He says there have been failed attempts to fix the fault and he wants a refund. Jeep told Public Defender last night it would contact the customer.
Unable to tow
KARL Boos says his 2014 Jeep Grand Cherokee cannot safely tow a three-tonne caravan and that he has a statutory declaration from an expert to this effect. He says the vehicle is not fit for a normal purpose and wants a refund. Jeep said last night it would get in touch with the customer.
Water Pump
COURTNEY Murray had her 2012 Jeep Patriot serviced regularly but not by Jeep. A week after the warranty ran out, Jeep had a special on servicing. Jeep found the water pump was leaking but wouldn’t fix it because it didn’t do all the servicing. Now it is “happy to work with this customer”.
Leaking roof
CORY McMillan found his 2013 Jeep Wrangler’s roof was leaking. He says he took it to get fixed and Jeep said keep driving it until new seals came in. During the recent storms water got in, causing extensive damage. Jeep said it wouldn’t fix it. Now it says it’ll repair it as “a standard warranty claim”.
Skye’s limit was brake failure due to frame flaws
WHILE driving her Fiat down a steep hill at Mount Ousley in February, Skye Rowan applied the brake. She says the steering wheel shook violently and so did the brake pedal as the brakes made a grinding noise.
She thought it was a one-off but it happened again when her husband was driving.
Ms Rowan has now been without the car for 11 weeks. She has been given a hire car but has also purchased another car in case the rental is taken back.
She has been seeking a refund but, before Public Defender’s involvement, Fiat and the dealership said a replacement would be provided instead.
Yesterday, Ms Rowan again told the dealer this was unacceptable. I said the same to Fiat, which is part of the same company as Jeep.
We are hopeful a refund will be provided this week.
When part of the engine was replaced in March, the dealership discovered a section of the metal frame had not been welded together properly.
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