2nd Engine Gone

[tech34]

We bought our 2000 Kia Carnival from Southside Kia in Ballarat at the end of 2004 with 90,000km on in. We knew when we bought it about the engine problem so were happy to see that it had been changed by Kia at 73,000. Now at 114,000km the second engine has gone with exactly the same symptoms of loss of power and then engine failure. Wrote to Kia and finally heard from them three weeks later and was told by phone that the vehicle is now out of warranty so don't expect them to do much but we'll have to get it towed over 60km to the nearest Kia dealer and they can have a look at it and maybe they'll submit a claim to Kia Australia and then they can assess it.

I was assured that it was physically impossible for the engine to have the same problem again as it had been modified to prevent it. First I'd heard of that! In any case, a Kia remanufactured engine fitted by a Kia dealer lasts 40,000km and this is acceptable? Yes the car may have done 114,000km but the engine hasn't!

I've asked the Kia person to put something in writing to me to confirm our conversation and he said that will delay things by at least a week (a week to write a letter?). But it would seem that the early problem is still there.

Interestingly I spoke to a senior manager for H**** and he told me their attitude would be to immediately pull the vehicle in to find out why it had failed.

Isn't there something in law that says a product has to up to a certain standard regardless of the warranty?

In the meantime I have a $24,000 car sitting in my garage that is gathering dust and I'm still paying for.

[pepper]

Here in the uk we have the sale of goods act, which states that a product must be suitable for use for 6 years, our statutory rights. I don't know if you have something similar over there?

[Esses]

As I understand Aust. warranty law, any part replaced under warranty must then be covered equal to the original warranty, because it's a new part. Ie: if the original warranty is 100 000 km, then the new part likewise must be covered for 100 000 km from FITMENT. Some Companies try to get out of this by inferring that you are only covered to the original 100 000 km, just like some initially tried refusing to transfer the original warranty over to a new owner when the car was sold within the warranty period - quite common these days with 3 & 5 year warranties. Until they were taken by the nose & shoved into their own fine print which states that the warranty is on the CAR not the owner!
Oh, and there's been a few "2nd-time-failure" Carni. owners persist until they've got another motor. Threaten Kia with the Trade Practices Act, you should get a replacement vehicle too, as it's a fault in the original goods.

[cpapashley]

Hi,

Sounds like KIA are up to there old tricks again. We are curerntly in the midst of a battle with KIA. Second engine blown. First went through the Dealer. Waste of time as they say we are not doing a second engine. Wrote a letter which they then said the failure was due to a faulty thermostat. What a smokescreen. So I replied. Still waiting but intend to take it to Fair trading in Queensland in the meantime. How this company can treat their customers in this manner beats me. I simply do not understand how on earth they can provide such smoke and mirrors to customers.

That information on the warranty period is great stuff. Think I will phone them tomorrow again and find out what has happened to my return letter.

I know elsewhere there is a thread on the engine woes, Jodie Vickery is I think trying to get together a group of people to get "A Current Affair" interested in the story.

This is so painful, and has affected so many australians with familes. Where is Darryn Hinch when you want him.....Shame Kia Shame.

Silly thing is I would still prefer to have my KIA back, because it is the best vehicle on the road for families our size. Just wish the engine would work.

Ashley

[tech34]

Just an update. After the call from the person at Kia Australia I asked for something in writing and was told it would take about a week so I've now waited two weeks without hearing anything so I've now lodged a complaint with Consumer Affairs. The warranty figures are just an arbitrary figure - the law says the product has to be fit for the purpose it was designed for and an engine that only lasts 40,000km replacing one that lasted only 73,000 is clearly not fit for the purpose and they haven't fixed the original (known) fault. Interestingly, my 11 year old Mitsubishi has over 200,000km on it and the engine has never had anything more than filters, plugs and oil.

We wait with baited breath while I continue to pay for a car sitting in my carport gathering dust. The damn rego is due too!!

[cpapashley]

Originally posted by tech34@May 5 2006, 08:46 PM
...I've now lodged a complaint with Consumer Affairs. The warranty figures are just an arbitrary figure - the law says the product has to be fit for the purpose it was designed for and an engine that only lasts 40,000km replacing one that lasted only 73,000 is clearly not fit for the purpose and they haven't fixed the original (known) fault...The damn rego is due too!!

Quoted post

You are spot on right with the "fit for use", when I was talking with a solicitor about what happened to our vehicle (when we were organising the paperwork for our mortgage so we can do something about our 2nd engine failure) the first words that came out of his mouth were "...it is not fit for use, that is against the trade practices act..." so that is my approach with KIA now. Will see what happens.

Hang in there and know that there is strength in numbers. If you like feel free to drop me a line at cpapashley@optusnet.com.au

Regards


Ashley

[tech34]

Over four weeks later and Kia have still not replied as requested. Have now lodged a complaint with the ACCC as this is obviously a nationwide issue as opposed to just in one state. As was stated in another thread relating to the same issue, we need to let the ACCC know how widespread it is. The phrase "merchantable quality" is relevant.

[cpapashley]

Originally posted by tech34@May 21 2006, 10:09 AM
Over four weeks later and Kia have still not replied as requested. Have now lodged a complaint with the ACCC as this is obviously a nationwide issue as opposed to just in one state. As was stated in another thread relating to the same issue, we need to let the ACCC know how widespread it is. The phrase "merchantable quality" is relevant.

Quoted post

I cannot understand why KIA just dont face this issue honestly and openly. They would not loose so many customers if they relaised that a motor vehicle is purchased with the express purpose of driving it around and not sitting in some garage collecting dust.



Come on everybody let the ACCC know about this problem...