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Topic: Consumer Laws
Posted: 27/March/2015 at 15:00
In 2005 I purchased a Volvo xc90 for over $100,000. The transmission needed replacing at 110,000 KM. Through research It appeared the 2003 to 2006 T6 models had a GM transmission which failed at just under or over the warranty period. The entry level model 2.5lt model had the Asien transmission which had no fault. The car would stop whilst driving in the middle of the road making it quite dangerous. In America there was a class action lawsuit against the defective vehicle. Volvo settled out of court for three million dollars and refused to recall the cars. The replacement transmissions are worth 6 to 8,000 dollars (2,000 for installation) some people have reported 5 transmission replacements. The transmission can only be replaced with the same defective reconditioned GM transmissions. My transmission has now died again at just under 180,000 km. As I don't wish to spend another $8,000 the car is effectively worth a couple of hundred from the wreckers. I expected the car would travel well over 300,000 Km. Anyway as the car in my opinion was originally (after they discovered the defect within a couple of years) "not fit for purpose" but is now over 9 years old. I assume I can take it to VCAT as in 2011 they replaced the transmission with a "not fit for purpose" defective GM transmission which was bound to fail. I rang the law institute referral service, the three referrals they gave me don't deal with these matters. Could some one advise me on what type of lawyer I would need to seek advice from. Apparently I need to take the Volvo dealer to court not Volvo. I would hope to set a precedent as the way Volvo have compromised the safety of it's customers is disgraceful.
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