I am lodging a formal complaint to Fairtrading NSW against the dealer and the warranty manufacturer as i need my vehicles warranty faults fixed to the appropriate standard for its intended use without the risk of me having an accident and breaking the road rules, but the dealer is not acknowledging the faults as warranty issues unless i pay for a diagnostic fee. But even then, based on my conversation with them they do not regard some of the faults as warranty issues because that's the way i bought the car; below is the email trail between myself and LDV dealer; can you provide a summary of what the complaint is about, that i need to write which fair-trading as requested:  

{On Wed, 17 May 2023 at 07:40, Peter Lynch <peter@autoretailgroup.com.au> wrote:
Good morning Rocco
 
As per previous emails, happy to assess the vehicle for your concerns,
 
The is the next available date to inspect the vehicle is the 15/06/2023, just as per our policy, $165 diagnostic fee applies until items are deemed warranty by the manufacturer.
 
As you noted Lansvale have attempted to help you before they maybe able to inspect the vehicle at an earlier date or return the vehicle to your selling which according to the LDV system was Lansvale  
 
 Regards
<PRESIDIO_ANONYMIZED_PERSON>
Fixed Operations Manager
Parramatta Auto Centre LDV and MG
peter@autoretailgroup.com.au
 Unit 1/1 River Road, Parramatta
NSW 2150
02 99338100
 
 From: Rocco Verrelli <rlverrelli@gmail.com>
Sent: Tuesday, May 16, 2023 7:31 PM
To: Service <service@autoretailgroup.com.au>; Peter Lynch <peter@autoretailgroup.com.au>
Subject: Re: Escalating complaint – Vehicle faults and Unacceptable Customer Service - LDV T60 - Vehicle Reg. ENL76J
 
Dear <PRESIDIO_ANONYMIZED_PERSON> and Customer Service,

I am extremely disappointed by your persistent disregard for my concerns, specific requests and consumer rights. It is evident that you have been ignoring what I have been saying and refusing to address the specific concerns and requests that I have raised. Your actions demonstrate a neglect of my legal rights as an Australian consumer and an obstruction of the proper warranty requirement method for dealing with and resolving these issues. This behaviour is unacceptable and shows a failure to adhere to warranty protocols and practices, which are in place to protect consumers like me.

I would like to draw your attention to the repeated explanation you have given regarding your insistence on charging an inspection and diagnostic fee. As I informed you during our phone call on 10/05/2023, I expressed disagreement with your assessment of this fee. Furthermore, I clearly stated in my last email that I completely disagree with your assessment of this fee and how I expect the issue to be handled. Despite this, you have persistently avoided responding to the specific matters and concerns I raised, and neglected to follow the warranty requirement legislation, thus denying me my consumer rights.
 
You have further aggravated the matter by your consistent evasion of my request to provide me with your general manager and directors’ contact information. This only adds to my frustration with your lack of transparency and unwillingness to resolve these matters efficiently. This is absolutely unacceptable.

I would also like to address your statement suggesting that I contact roadside assistance if I believe the vehicle is unsafe to drive. This demonstrates a blatant avoidance of your legal responsibilities and liabilities as the manufacturer of the vehicle. By suggesting I refrain from using the built-in features that render the car unsafe to drive, you are effectively denying me the product I initially purchased and contradicting the vehicle’s intended use and purpose.

I purchased this vehicle from LDV because it catered to my needs by offering these specific features, which was one of the main reasons for my purchase. However, the dysfunctional and faulty features make the vehicle unsafe and dangerous to drive when using them as they keep malfunctioning. Your incongruous rationale is similar to selling me a vehicle without those features, only to add them later out of necessity, and then finding that they compromise the vehicle's safety. This situation was not what I anticipated I would be in when I purchased the vehicle from LDV, and it compounds my frustration with your unwillingness to resolve these issues.

As I first mentioned on 6/5/2023, these issues have created life-threatening situations for me. The vehicle is clearly not fit for its intended purpose, and you continue to deny me my legal rights as an Australian consumer by fixing the problems.

While I acknowledge that you have stated, I have the right to have the manufacturer defects repaired at no cost, at the same time you are refusing to honour that commitment.
Regarding your statement, "if the assessment turns out to be a non-warrantable item, it would be paid by yourself." I want to clarify that these problems started to show from when I took delivery of the vehicle and since then have been evident. I raised these concerns with the LDV Lansvale dealer on 16/09/2021 during the service, and they informed me that the car's software update would fix the problems. Unfortunately, that did not work.

Since then, I keep encountering the same issues but getting worse. Therefore, I completely refute your claim that it is a different issue, of which I may be responsible to pay. If that was the case, these issues would have been resolved when LDV Parramatta last serviced my car, as most of those warranty faults were stated. However, I was once again told that the computer upgrade would resolve the problems. Unfortunately, the problems persist and are worsening. I also want to confirm that there has been no after-market wiring as only LDV service personnel have worked on the car.

In response to your assertion that "At no stage are you being denied an assessment of the vehicle, and if at any point you are unsatisfied with the assessment or wish to try for an earlier booking, your warranty is valid Australia-wide at any Authorised LDV Australia service centre." I must emphasise that this statement is deceptive. Despite acknowledging that my warranty is valid, you have consistently refused to address the vehicle's warranty issues. Instead, you are pressuring me into signing a document that obliges me to pay $165 per item for fault assessment, after which you will determine if the faults are covered under the warranty. This approach is unreasonable, considering that all these problems have persisted since the vehicle's purchase. Further, I find it perplexing that you suggest I take the car to another LDV service centre to deal with the warranty problems while simultaneously dismissing your responsibility for the issues.

I find your other assertion, which you stated during our phone call on 10/05/2023, that my concerns are not covered by the warranty because "that's just the way the car is, that's how you bought it," to be unacceptable. It implies that you have sold me a car that is not fit for its intended purpose, which contradicts your advertising and promotional claims about the vehicle's features and functions. This gives rise to concerns that the vehicle features fail to meet appropriate and acceptable standards, amounting to a severe breach of my consumer rights. I feel that both you and LDV are attempting to intimidate me by acting like bullies, expecting me to pay for both the assessment and the subsequent repair of issues that should be covered under the warranty.

It is important to mention that your predecessor, Jamie Procopio, was helpful and understanding regarding these warranty issues, demonstrating good faith and customer care that seem to have disappeared under your management. I was waiting for Jamie to get back to me to have all these issues addressed, as he was in discussion with higher management. During my discussions with Jamie and the LDV Manager at Lansvale, I learned that other LDV T60 vehicles were also experiencing the same issues, which were explained to me as a manufacturing problem that renders the car unfit for its intended purpose. By brushing off these genuine concerns, you exacerbate my anxieties and stresses, displaying a lack of customer care, support, and compassion in dealing with this issue. It is vital that you acknowledge the manufacturing problem and honour the warranty to maintain the goodwill and trust that LDV has cultivated. Additionally, I have requested your general manager and directors' contact information for a third time, and it is essential that you provide me with this information.

I am appalled by the absence of support you have demonstrated, exacerbating my anxieties and stress due to your lack of compassion in handling this matter, which is clearly related to manufacturing issues and a vehicle which is not fit for its intended purpose.

In addition, yesterday, the display screen turned purple upon ignition, rendering me unable to access the display controls. I had to drive with a purple screen for an hour without access to any vehicle functions. Eventually, it reset itself. This is yet again, an additional malfunction you need to add to my long list of problems which is causing me intense grief whenever I use the vehicle.

I strongly urge you to address my concerns in line with consumer rights and warranty protocols, rather than deflecting responsibility and disregarding my specific requests. Now more than ever, I expect a responsible, understanding, and transparent approach to resolving this matter, which has been causing me significant distress.

Regards
<PRESIDIO_ANONYMIZED_PERSON>

{On Fri, 12 May 2023 at 16:24, Peter Lynch <peter@autoretailgroup.com.au> wrote:
Good Afternoon, Rocco

As per the conversation and the email sent before, the inspection fee is to cover the time of the technician to assess whether the listed items are a defect and the root cause.

If a manufacturers defect is found the fee is not charged to yourself. As the manufacturer covers this cost, they do not cover time to assess the vehicle should no defect be present or the root cause not be a manufacturing fault.

Until the assessment has been made, we are unable to submit the request for warranty to LDV Australia. As for your rights you are correct that an accepted warranty claim for a manufacturer defect are to be repaired at no cost to yourself, the assessment if it turns out to be a non-warrantable item, as I have seen in the past, items can be affected from outside influences including but not limited to aftermarket wiring , dash camera , usb with incorrect data, damage from pests, these circumstances are when it would be paid by yourself.

At no stage are you being denied an assessment of the vehicle, and if at any point you are unsatisfied with the assessment or wish to try for an earlier booking, your warranty is valid Australia wide at any Authorised LDV Australia service centre.
 
If you do not believe the vehicle is not safe to drive, you have the option of contacting roadside assistance (1800 709 232) to inspect the vehicle and have it towed to your nearest dealer.

If you chose to drive the vehicle you are accepting to drive it in the condition it is in.
 
The current date for booking to assess the vehicle is the 13/06/2023.
Regards
<PRESIDIO_ANONYMIZED_PERSON>
Fixed Operations Manager
Parramatta Auto Centre LDV and MG
peter@autoretailgroup.com.au
Unit 1/1 River Road, Parramatta
NSW 2150
02 99338100
 
From: Rocco Verrelli <rlverrelli@gmail.com>
Sent: Friday, May 12, 2023 3:43 PM
To: Peter Lynch <peter@autoretailgroup.com.au>; Service <service@autoretailgroup.com.au>
Subject: Escalating Issue – Escalating Issue – Vehicle Repairs and Unacceptable Customer Service - LDV T60- Vehicle Reg. ENL76J
 
Dear <PRESIDIO_ANONYMIZED_PERSON> and Customer Service,

 I must express my extreme dissatisfaction with your lack of flexibility in providing assistance and your unwillingness to facilitate contact with higher management, which is utterly unacceptable.

As a customer, I have the right to escalate my concerns to the appropriate level of management. I expect transparent communication with all levels of management and reasonable assistance in fixing the defects and faults of the vehicle which are regarded as not of acceptable quality, not fit for purpose, and unsafe.  

 I strongly disagree with the $165 inspection and diagnosis fee which I will not pay. As per the Australian Consumer Law, I am entitled to have defects or faults with my vehicle repaired or assessed free of charge if they are not of acceptable quality or fit for purpose. I expect all warranty issues to be fixed immediately from the list I have provided. Those from the list which you regard as not covered under warranty, you can decide not to fix. But for each item not fixed to provide me with a detailed reason in writing as to why they have been regarded as non-warranty issues, as I believe they all are. I believe my vehicle's issues as I have advised you pose a safety risk and should be treated as a matter of urgency under warranty.

 I am notifying that I hold you and LDV Parramatta liable, that if I am involved in any accident as a result of the vehicle defects which you are refusing to fix, which are covered under my vehicle’s warranty-covered repairs, as it is a breach of consumer rights. You may wish to notify your insurer.  

I urge you to take my concerns seriously and engage in a productive conversation to promptly resolve this matter. I also expect to be given the contact details of your company's general manager and directors, that you have denied to provide me. 

Regards
<PRESIDIO_ANONYMIZED_PERSON>

 On Wed, 10 May 2023 at 08:53, Peter Lynch <peter@autoretailgroup.com.au> wrote:

Hi Rocco
 After our conversation via phone this morning and how everything was explained.
 
There is no requirement for this to occur, as they will only defer to the information that has been provided to you, by me.
 
Happy to inspect the vehicle for the concerns, if there is a manufacture’s defect the diagnosis and inspection fee will not be applied, until this time
 
There is a $165.0 inspection and diagnosis fee. Updated booking day is now the 12/06
 
Regards
 <PRESIDIO_ANONYMIZED_PERSON>
Fixed Operations Manager
Parramatta Auto Centre LDV and MG
peter@autoretailgroup.com.au
 Unit 1/1 River Road, Parramatta
NSW 2150

Called at Peter Lynch at 7.50am on 10/05/23.  Tel. 9933-8110 
I Rang Peter’s direct line and he answered. I tried to express my concerns but was dismissive about my car’s problems. He was insistent that I need to agree to first pay $165/hour to have the car assessed and that I need to sign an agreement before they would assess the car. Otherwise, they will not look at it. I tried arguing that these were warranty issues that had been previously looked at, but he did not care. Saying that this is the only way they would look at the car and if they then consider the problems to be warranty issues, they will not charge me for those. I continued to explain that many of the problems I described were not normal for the car and that it was obvious they were warranty issues. But he disagreed and stated that many of the problems I described are normal for the car and are not covered by warranty. That that’s just the way the car is, that's how you bought it. I persisted in explaining that your process was not acceptable since the car was not functioning as it should be. Despite my objections, he was dismissive and stated that he was busy, they were moving, and he had to go.


From: Rocco Verrelli <rlverrelli@gmail.com>
Sent: Wednesday, May 10, 2023 8:21 AM
To: Peter Lynch <peter@autoretailgroup.com.au>
Subject: Re: Request for Repairs of Ute Under Warranty - LDV T60. Vehicle Reg. ENL76J
 
Hi Peter,

Can you please provide me the names and emails of your company general manager and directors. 

Regards,
<PRESIDIO_ANONYMIZED_PERSON>

On Wed, 10 May 2023 at 07:39, Peter Lynch <peter@autoretailgroup.com.au> wrote:
Rocco,
As I am current involve in moving service department sites, so I am in and out of the office.
 
This is why all correspondence is easier Via email. as again the I said this you said that scenario is not able to be played out.
 
As per my first reply we can book the vehicle in for an inspection on the 09/06 now due to other booking, with the understanding that there is a $165.0 charge should no manufactures defect be found with the vehicle.
 
Regards
 <PRESIDIO_ANONYMIZED_PERSON>
Fixed Operations Manager
Parramatta Auto Centre LDV and MG
peter@autoretailgroup.com.au
 Unit 1/1 River Road, Parramatta
NSW 2150
02 99338100

 From: Rocco Verrelli <rlverrelli@gmail.com>
Sent: Tuesday, May 9, 2023 6:29 PM
To: Peter Lynch <peter@autoretailgroup.com.au>
Subject: Re: Request for Repairs of Ute Under Warranty - LDV T60. Vehicle Reg. ENL76J
 
Dear Peter 
 
I called your office early this afternoon but was told you were unavailable. I spoke to James, who advised me to email you. I am still waiting for a call back from yesterday, and I believe I deserve the courtesy of a phone call before anything else.
 
Regards
<PRESIDIO_ANONYMIZED_PERSON>
0411 744 672

On Mon, 8 May 2023 at 16:31, Rocco Verrelli <rlverrelli@gmail.com> wrote:
 Hi Peter,
100% , I prefer that also, but I would like to speak to you first. So can you please call me. 
Regards 
Rocco 

On Mon, 8 May 2023 at 4:18 pm, Peter Lynch <peter@autoretailgroup.com.au> wrote:
Hi Rocco
 
I prefer email. as there is no you said this I said that,
 
Regards
 <PRESIDIO_ANONYMIZED_PERSON>
Fixed Operations Manager
Parramatta Auto Centre LDV and MG
peter@autoretailgroup.com.au
 Unit 1/1 River Road, Parramatta
NSW 2150
02 99338100

From: Rocco Verrelli <rlverrelli@gmail.com>
Sent: Monday, May 8, 2023 3:51 PM
To: Peter Lynch <peter@autoretailgroup.com.au>
Subject: Re: Request for Repairs of Ute Under Warranty - LDV T60. Vehicle Reg. ENL76J
 
Hi Peter,
 
I called you this morning around 9:40am to discuss your email response to my email. I was told that you were busy, and a message would be left on your desk. You would also be notified by email to call me back. As I have not received a callback, can you please make sure you call me before the end of the day. This subject matter is urgent and needs to be resolved.
 Regards
 <PRESIDIO_ANONYMIZED_PERSON> 


08/05/2023
I spoke to James Lynch at LDV, and he said Peter was not available again and I should email him.
I said I did yesterday, and I am still waiting for his call as I requested yesterday. So can you please ask him to call me. I sent him an email I want to speak to him first then I will correspond in writing, with him. I also said that I believe I deserve the courtesy of phone call before anything else.
James said he would ask him and text him to call me. I said thank you;.
It seems he is intentionally avoiding calling me and avoiding responsibilities to fix the manufactures warranty issues. I am continued to be upset more and more. He is not providing proper customer service.


On Mon, 8 May 2023 at 07:29, Peter Lynch <peter@autoretailgroup.com.au> wrote:
Good morning Rocco
 
We can book the vehicle in for the 07/06/2023 to inspect the below concerns, to see if there is a manufacturers defect, or if it is consistent with the year and model of the vehicle.
There are $165.0 diagnoses and inspected fees per item until it is deemed to be a manufactures defect, with some of these items if you can take a video of the concerns this allow us to present a case to LDV  
 
The rental vehicle is a cost of $40.0 per day should you like to use this vehicle,
 
I have a t60 as a drive vehicle and there is a slight lag on taking off under hard acceleration, so your comments below sound like it is consistent with the model. The vehicle also learns how you drive and adapts to
This, so if you’re a gentle driver then ask the vehicle to accelerate hard to will take a moment to adjust to this request. When can also cause the gearing of gears to change in operation.
  
Regards
 <PRESIDIO_ANONYMIZED_PERSON>
Fixed Operations Manager
Parramatta Auto Centre LDV and MG
peter@autoretailgroup.com.au
 Unit 1/1 River Road, Parramatta
NSW 2150
02 99338100
From: Rocco Verrelli <rlverrelli@gmail.com>
Sent: Saturday, May 6, 2023 2:01 PM
To: Peter Lynch <peter@autoretailgroup.com.au>; Service <service@autoretailgroup.com.au>
Subject: Request for Repairs of Ute Under Warranty - LDV T60. Vehicle Reg. ENL76J
 
Dear <PRESIDIO_ANONYMIZED_PERSON>,

I have been dealing with your predecessor, Jamie Procopio, regarding a number of warranty issues with my car that require to be fixed. Despite several attempts to fix the problems, they continue to persist, and I have been patient in the hope that they would be resolved.  After my last service, I spoke with Jamie several times to express my concerns, and he assured me that he would follow up with someone higher at LDV to see how the problems could be resolved and let me know. He explained that there were many other LDV owners experiencing the same issues.

I attempted to book the vehicle for repairs earlier this year but was informed that it was not necessary as my service was not due, even though my concerns were just about the warranty issues. This response, in hindsight, seemed deceptive.

Upon calling your office yesterday, I was shocked to learn that Jamie had left his position about a month ago without contacting me to resolve my vehicle’s warranty issues, as he had promised. Since the list of ongoing problems has continued to increase and has been causing me increased stress.

Below is the list of the ongoing issues with my car that are covered under warranty and require urgent attention, as they are impacting my safety while driving and causing me immense stress and anxiety. The list of issue are:
1.	The extremely poor-quality camera/video image display is making driving dangerous, easy to have collisions with road hazards and pedestrians.
2.	The phone apps (such as Waze and Google Maps) which display in the screen are of poor-quality image making it difficult to view and making driving very dangerous.
3.	The blinker control function, car camera, and GPS app systems malfunction when the blinker turns on and off, causing loss of GPS direction and recurring change of screen display making driving dangerous and causing road hazard risks.
4.	The settings which have been saved (in the display unit) frequently and persistently keep resetting to factory or other settings, losing the preferred saved settings causing immense frustration and making it difficult to drive the car safely.
5.	Defective rain sensors not turning on or turning on when it is not raining, causing immense frustration.
6.	Defective intermittent speed function of the wipers, causing frustration, and not working most of the time now.
7.	Extremely poor-quality AM radio reception, causing extreme frustration which is not acceptable.
8.	Persistent and repeated failure of Bluetooth phone connection. Reverting to factory or other settings, causing me immense frustration and making driving dangerous as I cannot answer or make calls without stopping the car and reconnecting.
9.	Saved phone numbers and contacts keep disappearing, causing intense grief, and making driving conditions dangerous as I am unable to use the phone. I Need to stop the car to use the phone.
10.	Defective clock display, continuously not keeping time, causing frustration.
11.	Volume settings resetting upon every ignition, which is annoying.
12.	The display screen, GPS and display control turns black for a long time at random and when passing beneath an overpass bridge. Making it impossible to read the display screen, check my speed, or anything else, causing immediate and persistent stress and placing me at an increased risk of collision. Needing to stop or slow down because you are driving blind. 
13.	The entertainment system displaying phone apps and playing music randomly disconnects and goes blank when scrolling through the display board system or while using the GPS, causing frustration and making driving dangerous. I need to stop the car and restart the apps before the screen display reappears.
14.	Cruise control not working correctly, disengaging when driving on the highway, causing frustration and an unsafe road risk.
15.	The transmission is not smooth as it used to be, causing the vehicle to jolt and slip, with the change in the gear shift happening unexpectedly, causing uncertainty as it seems the vehicle will break down.
16.	Lag during take-off when I press the accelerator, especially in heavy traffic with frequent stop-start driving, causing uncertainty as if the vehicle will not move and cause me to have an accident.
17.	The repaired roller cover latch fitting has not been correctly aligned with the roller cover, which makes it very hard and difficult to open.
As all these issues are covered under warranty, I am requesting that the defects be fixed urgently, as they are long overdue, and it has become unsafe for me to drive the car. I have experienced many close calls of having accidents on the road due to the cars manufacturing faults, which have nearly caused damage to property and injury to people on multiple occasions. This situation is unacceptable and cannot continue. I cannot live like this.
 
I would greatly appreciate it if you could schedule a repair appointment soon and provide me with a loan car during the repair, as these problems are causing me significant emotional distress and anxiety.

Thank you for your attention to this matter. I look forward to receiving your prompt response and resolution of these issues.

Regards
<PRESIDIO_ANONYMIZED_PERSON>}