2001 KJ Verada Gearbox issue

[Pombonted]

Hi all,

Wondering if anyone can help please? I have a KJ Verada auto with triptronic gears but I only ever really use the auto. I was driving the other day and left the handbrake on and when I got home the rear brake lights and the brake light on the windscreen stayed lit up even when the car was completely turned off. I just disconnected the battery and reconnected it every time I drove so I wouldn't make the battery flat. Anyway on the 3rd day the issue resolved itself magically somehow. Don't know if this is related.......but yesterday I drove it and whilst doing 60km/hr it started to rev louder and it felt like something was wrong so i knocked it into neutral, it didn't feel right so I tried changing gears using the triptronic but it didn't feel like anything was happening. I ended up coasting to the traffic lights and had to stop and then it just would not go into gear at all. I turned it on and off, I tried all gears, manually and the auto including reverse, but it doesn't even sound like it's connecting into the gears at all. I disconnected and reconnected the battery several times but it didn't change anything. Don't know what has happened? Does anyone know if this could be an electrical issue or does it sound like the gearbox or something else has gone? What should I do? Please help? Thnx Lee P.S. Checked auto trans fluid and it's fine.

[Madmagna]

This sounds like your oil pump has gone in the box

The handbrake is just a coincidence.

[Andrei1984]

Yep most likely the infamous wave spring issue, basically shattered metal spring eventually finds its way into the pump and destroys it, your most likely cause of action is to either get second hand box (which might have that issue as well) or simply get a reconditioned unit as those have toughened wave spring put in them (usually!)

[Pombonted]

Ok thanks guys very useful to know. Does anyone have an idea of what a reconditioned unit would cost ballpark (i.e. box and fitting)? Thnx

[Pombonted]

Thnx Andrei for the news about the spring, I was clueless. Just reading some more about it from a post on whirlpool forum https://forums.whirlpool.net.au/archive/2006190 Does anyone know if this issue has been taken up with Mitsubishi from a bulk consumer perspective as products need to be "fit for purpose" under Australian Consumer Law regardless of the manufacturers stated warranty terms? Interestingly the outcome for the guy on Whirlpool was positive and he had support from the ACCC. Does anyone know if Mitsubishi have acknowledged this problem and done any recalls or accepted other warranty claims?

[Andrei1984]

haha glad you asked, I just finished the consumer law unit as part of my law degree! I suppose part of the issue is that the provisions of the ACL (sections 51 to 62) dealing with consumer guarantees came into existence only in 2011, prior to that, the old implied guarantees regime under the now repealed Trade Practices Act would only provide a remedy if a contractual condition was breached and not the warranty, such terms are contract common law terms. Briefly, a contractual condition is a term of the contract a breach of which would derive the whole benefit of the contract by the injured party, a contractual warranty on the other hand is a term breach of which would not deprive the whole of the benefit under the contract (i.e. you paid for you new car to be delivered in 2 weeks but instead it was delivered in 2.5 weeks, while a breach, it does not deprive the whole of the benefit under the contract).

So in order to succeed under the old TPA you needed to prove in court/tribunal that the term was a condition and then seek remedies available under the contract law. While not impossible it would require a thorough knowledge of the contract law. It is worth mentioning that every State also had its own legislation to deal with consumer rights. (all those acts are now repealed in the favour of ACL)

The current ACL provisions do not require the distinction between contractual warranty or condition and list specific guarantees i.e. sections 51 to 62 and also a list of specific remedies available, under part 5-4 of the ACL.

Had the ACL been in force back then, i have no doubt we would have had a class action against Mitsubishi in relation. The person in the forum (link you provided) still had the expressed warranty (powertrain 10 years) so always had a good chance to have it fixed.

[Andrei1984]

Ok thanks guys very useful to know. Does anyone have an idea of what a reconditioned unit would cost ballpark (i.e. box and fitting)? Thnx

It set me back $2k a while back.

[Madmagna]

Really depends on what other damage has been done internally.

Transmissions I can do a refurb for $1650.00 for an AWD however as I say to all my customers in a similar situation you are best to get your trans out, get it quoted and go from there. From memory however you have a FWD Verada so would be less in that case.

As for ACCC, these cars are now 15 + years old. The design they had, for the day, was a good design. There are no more Magna transmissions that go than other cars or makes. Add to this often the cause is simply lack of maintenance or wrong fluids being used. Rarely do I see a first time customer come in here with a transmission which has clean fluid which states a lot and then dont even get me started on those cars power steering systems which in some cases have never had a fluid flush.

[Pombonted]

Thanks guys. Andrei, could i ask another question now knowing you know both law and mitsubishi's. I have (or had) a 1979 Mitsubishi Chrysler GE Sigma sedan. It was top of it's range on that model and had cloth inserts on the seats Air Con and Power Steering (I think) that were genuine. It had roughly 60,000km on the odometer. I think it only had the one owner before me and was garaged it's whole life. It was in immaculate condition.

It was always a 2nd car for me and before I had my work accident I had a company car so I drove it up to NSW and left it there so that I had a car to use when I went to visit my parents in the Hunter Valley and my Dad could use it in between when my Mum was out in their car. Unfortunately my Dad got cancer and passed away. I had refused to let my deadshit brother use it and when I found out one time that he was I either cancelled the Rego or let it expire so that he couldn't drive it anymore.

Anyway, I've had a very serious work injury that nearly killed me and I have permanent damage and life is pretty tough. When my car did the gearbox I called my mother and told her I was going to organise to get the Sigma brought down here so I could use it. She said it's not there anymore and that some guy came and took it away years ago. I lost my temper bc I could bc I knew she was lying. I had always said if at anytime the car was in the way I would get it on a backload down here. She never once said it was and insisted it was fine there. They have a 4 car garage and only 2 cars and she can't drive anymore. She did say at one stage that some guy my brother drank with at the pub wanted to buy it and had offered him $500. I told her to tell my brother to stay away from the vehicle and that it was NOT for sale, that it was now a "Classic" car (don't know if that's the term for cars over 30yrs old) but was more valuable than that and that regardless I was NOT interested at all in selling the car.

So I called the Police to report it stolen and they said they can't do anything bc I can't prove it was stolen. To protect my brother from charges my mother lied and said she had contacted me so many times to tell me to take the car bc she wanted it gone. Based on the fact that she lied the Police said all I have is a Civil dispute to try to recover costs.

So A) I need to know what the cars value would actually be and
B) what can I do?

I can prove she lied. Also I called her after the Police had and my brother answered and admitted he got rid of the car. I also believe the plates have been registered on another vehicle. I do think it has been sold to someone who is using without rego or it's been sold and stripped for parts.

[Andrei1984]

Technically i'm not allowed to give a legal advice but this is how I would answer a problem question. This only applies to NSW, court structure in Vic might be different, although causes of actions will stay the same.

1. Start of with the value, I would get a car valuer to value it from photos and other description.
2. Sentimental value is difficult to quantify, that said court will attempt to do that.
3. Action will most likely to be limited a tort action under the common law.
4. I would say most likely the tort of trespass to goods or conversion, depending on specific facts. Essentially trespass to goods is a civil version of larceny.
5. Elements needed to prove: 1. Possessory title of the goods (owner). 2. Direct interference with the actual possession, i.e. the defendants interference cause the owner to loose the possession.
6.Unfortunately in NSW local courts have no jurisdiction over trespass to goods, therefore, it is a district court matter, more formal and expensive
7. Negligence is also a possibility, in a way that the vehicle was given away to a compete stranger without due care, i.e. negligence.
8. Must prove duty of care (i.e. did the defendant owe duty of care to look after the vehicle). monetary compensation for the storage may not be essential. Must establish the standard of care, i.e. you take into account the defendants subjective characteristics and whether a reasonable person with the defendant's characteristics would be negligent in giving away the car to a complete stranger. To give an example, a 5 year old kid or a person with a mental disability giving away the car, probably not negligent. Also must prove what would have been reasonable in the defendants position thing to do, to prevent the loss that is. I.e. has to be a reasonable burden (not 24 hour security). Demonstrate that the plaintiff suffered damages. This type of claim in actionable in a Local Court even the small claims division which is quite informal although maximum award is limited to $10,000 (again in NSW only)