Hi, all i must be a very unlucky person. My EF Futura (370000kms) tranny totally stuffed up again. This is the full story, so I dont go back. Had a small collision Dec last year and had the front end replaced which included a new radiator by the panel beaters and covered RACV. In Jan this year my tranny went for the first time, and got it reconditioned by a tranny specialist in Epping VIC. Paid $1400, and was happy with the result. Tranny went again in April/May and took it back, and the guy couldn't believe it stuffed up, so he recoed it free of charge as he should since i got warranty. Anyway, 3 days ago, tranny went again on the freeway, and took it back however found out that the main man who does the tranny went overseas 4 a year, and the boss doesnt have a clue. The boss said Ill look into it, he removed the tranny and took it to another tranny specialist in Reservoir. This guy stripped the tranny and found that the gear set had melted down, because the cooler was blocked up and not allowing the transmission oil to cool down the transmission. My original tranny guy now supposedly is trying to say that its not the fault of the tranny, but the radiator blocking up.

My questions are:
- What legal avenues can i pursue and whats my chances (VACC etc.)
- Can i sue them for negligence and get them to pay to reco the tranny by someon else, because its still under warranty
- Do transmission places always make sure when recoing a tranny to check if there is no blockages in the cooler/radiator, and if they dont does that helpmy cause
- When i took the car back in april to get the tranny done again, the main man didnt know why it stuffed up in the same way, but if he didnt check for blockages, will it help my case, and if he didnt, is he negligent for that
- What about the new radiator in Dec, could the panelbeaters have put on a stuffed radiator,and maybe i can pursue them for all this since after that my tranny has stuffed up 3 times

So dats the story, what can i do, shall i pay and fix it now and try to pursue the costs after in court etc. Please advise (very p****d off)

If they fitted the radiator I would've thought that checking transfluid flow would be a gimme. Same as if you fit a new engine you get the rad checked. Legally though I don't know where you stand

Good luck anyway!

Sorry typo (second one tonight! ) meant if they fitted trans not radiator

get ova it!

nice first post, great way to make friends...



I do know that if say for example you get a reco engine from repco, they state to check everything for the original cause of failure. such as mechanical or electrical etc like cooling systems and the like.
did you get anything written with regards to this transmission warranty?? any information on what they cover and what they dont cover. sounds like a real s**t fight there mate.
good luck anyway.

they would be at fault! no doubt

if they fitted a new/reco tranny they have to make sure that the tranny will not break down due to mechanical faliures as u have described

disco Frank, should i then if they still refuse to accept fault, contact the Fair Trading tribunal (i think thats what theyre called) and lodge a complaint immediately? Shall i pay and fix the car in the meantime?

firstly find out if the radiator was NEW or second hand.
secondly, if you paid to have the tranny reco'd and fitted, you should have gotten it back with nothing wrong, even in 2 or 3 or 10 years time.
If it has warranty on it and there was a lack of diagnosis, then thats their problem.
if they refuse to fix it for free, i would contact the office of fair trading, see what they have to say.

Thanks smoke_rubber, will do exactly that tmrw and see how it goes

yes whs!!!

f**k em! too many cbf with doing this and are lettign ppl get away with it

they should have done thier job correctly

Is it strange that you didn't have a warning like a flashing symbol on the dash, or even a limp home mode once in a while?

when you got the car repaired after the front ender, the repairs whould have been covered under a warranty as well, it would be hard to say that either the tranny guy or the smash repair was the cause, obviously something was not flushed properly, but finding the root cause of who is liable may be difficult.. sorry to throw a spanner in the works, It would be my understanding though, that the trans reco guy, whose job it is to reco the trans, would do the ENTIRE trans system not just the box, that would include the trans cooler, no?
My advise would be to make an anonymous call to the trans guys, just as an enquiry, asking them what parts of the trans system they reco when they do work and is it normal for them to do a complete system flush, then just ask for a quote. just make em think your a customer enquiry and glean as much info from them as possible. but at no time let them know they have already done s**t work for you.

I would say you have a strong case in negligence or breach of contract. I think that when you get your transmission reconditioned the mechanic has to take reasonable care in ensuring that all aspects of the transmission are working properly. The transmission cooler is a crucial aspect of the transmission so failure to check that cooler was working would amount to negligence.

If it was the radiator that caused the problem then your case would be alot weaker. Does the mechanic have a duty to check for radiator blockages when reconditioning the transmission? He could probably argue that it is a separate part of the car and therefore outside the scope of the contract. If you wanted to sue the guys who replaced the radiator you would have to establish that transmission failure was the direct result of them installing a faulty radiator and that the radiator did not block up later because of some other reason. I'm sure you can see that this is alot harder to do.

In the end it comes down to a question of fact. If you can prove that the tranny failed because of the cooler, then you should have a case against the guys who reconditioned the tranny. If they prove that the tranny failed because of the radiator then you are in more difficult position.

As always you should talk to the guys first before taking any legal action. If you cant bring them around to your point of view then the threat of legal action is usually enough.

I cant see where in this thread it says that Ozizu has an external cooler. He says cooler and radiator, which would lead me to believe that the cooler he is referring to is the internal radiator cooler and thats it.

RACV will not necessarily put in a brand new radiator. They may decide to put in a reco or even a goodlooking second hand unit. They are allowed to put in parts comensurate with the age of the car. If it was an old one, the radiator could well and truely be blocked.

Does the original reco quote state that they will check and fully flush the system. Or does it state this anywhere. If so, then your on a winner.

If not (and seeing as we are making assumptions here) and the tranny shop assumed it was another dead EF auto (considering the km travelled, it was kinda past its used by date) then a rebuild and refit would have been all that was considered and quoted on.

Did the intrument cluster give you any indication of a tranny fault. As the econ light will flash constantly the moment the tranny overheats. And considering the gears have melted, i dare say this light would have been flashing. If it was, it could be argued that you ignored the indicator at your peril.

Im not picking, just presenting a case from the other side for you to think about. But one must remember that we are no longer in the age of assuming things are done. I think we all well know that if you want something done, you have to ask for it, dont assume its done. And read the fine print, as that is what someone will fall back on when things start getting tough.

Wanka