White Pearl Paint cracking & peeling on a Prado

[CRH]

I thought I would let you all know where things currently are at.

At this point in time I am gathering my evidence and data that will form my case at QCAT.

Once I have submitted my case for hearing at QCAT I will update this page.

[Tony Prodigy]

5 hours ago, CRH said:

I thought I would let you all know where things currently are at.

At this point in time I am gathering my evidence and data that will form my case at QCAT.

Once I have submitted my case for hearing at QCAT I will update this page.

I commend your effort. I had to go through a similar process years ago (NCAT) and it was laborious and time consuming. Thankfully I won the case, which made it all worthwhile.

I hope it all works out well for you. 

[CRH]

Thank you Tony.

Yes it is time consuming, but hopefully I will also have a win in the court. Slow and steady wins the race. With the available information online and locally available I reckon I have a good chance for a win.

[CRH]

Application goes to QCAT tomorrow. Will advise when I have a court date.

[AnthonyH]

Hey guys, I have recently developed the same issue on a Corolla 2013. Paint code 070. Did anyone get a resolution? I don’t want to have to pay for a manufacturing defect.

[CRH]

Competition & Consumer Act 2010 (attachment 31) 2.pdfCompetition & Consumer Act 2010 (attachment 31).pdf

Here is the consumer legislation I am basing my claim on

[Chris27]

I have the exact same problem with my 2009 Corolla. I have approached Toyota Australia twice about this and have mentioned to them that in the US and Canada that a recall has been issued and that they are rectifying the problem. Toyota Australia's response to this was, "we can't comment on that". I am going to try approaching them again but don't like my chances. I would be more than happy to team up and start a class action lawsuit as I think we have a pretty good chance as there has been a precedent set in other countries by Toyota taking responsibility for this defect.

[AnthonyH]

On 5/18/2022 at 10:18 PM, CRH said:

Competition & Consumer Act 2010 (attachment 31) 2.pdf 238.72 kB · 5 downloads Competition & Consumer Act 2010 (attachment 31).pdf 159.91 kB · 3 downloads

Here is the consumer legislation I am basing my claim on

Best of luck. I had my car looked over by the local Toyota Dealership last week. !00% decline responsibility. Past it's warranty period. Really! So next step is to email Head Office, then I'm not sure. ACCC? Funny thing is the day before the appointment I saw the exact same car as mine. Same peeling issues. I took pictures. Service guy was not interested.

[CRH]

Today I served my QCAT submission to the Toyota Dealership. Will now wait for QCAT to organise a date for mediation or a hearing at QCAT.

I will keep this thread updated in relation to my journey in seeking justice from Toyota.

Also please find attached the Technical bulletin that was issued by Toyota USA in relation to the paint peeling issue. 

T-SB-0162-19 White Paint Peeling.pdf

[CRH]

5 minutes ago, AnthonyH said:

Best of luck. I had my car looked over by the local Toyota Dealership last week. !00% decline responsibility. Past it's warranty period. Really! So next step is to email Head Office, then I'm not sure. ACCC? Funny thing is the day before the appointment I saw the exact same car as mine. Same peeling issues. I took pictures. Service guy was not interested.

Yes the vehicles are past the manufactures warranty. They will always fall back to that as an answer.

My case is based on the Competition & Consumer Act. The manufacturer and dealership will always say no to any claim we make in relation to paint peeling from our vehicles.

What they rely on is for people to walk away because it is too hard to pursue further. 

If we all as individuals start the process of submitting claims via each states small claims tribunal then I believe that Toyota will need to listen.

If only one of us has a win in court, it then becomes public knowledge. I am sure Toyota will not want to see another black mark against their name in Australia. They have a pending claim with the Hilux vehicles. 

I am looking forward to having my day in court.

[AnthonyH]

On 5/25/2022 at 8:29 PM, Chris27 said:

I have the exact same problem with my 2009 Corolla. I have approached Toyota Australia twice about this and have mentioned to them that in the US and Canada that a recall has been issued and that they are rectifying the problem. Toyota Australia's response to this was, "we can't comment on that". I am going to try approaching them again but don't like my chances. I would be more than happy to team up and start a class action lawsuit as I think we have a pretty good chance as there has been a precedent set in other countries by Toyota taking responsibility for this defect.

I’d be happy to supply you with pictures if that would help your case. Class action sounds expensive and quite daunting. It is so damn frustrating. I only got the car last October and the peeling gets worse every week.

[AnthonyH]

On 5/26/2022 at 7:25 PM, CRH said:

Yes the vehicles are past the manufactures warranty. They will always fall back to that as an answer.

My case is based on the Competition & Consumer Act. The manufacturer and dealership will always say no to any claim we make in relation to paint peeling from our vehicles.

What they rely on is for people to walk away because it is too hard to pursue further. 

If we all as individuals start the process of submitting claims via each states small claims tribunal then I believe that Toyota will need to listen.

If only one of us has a win in court, it then becomes public knowledge. I am sure Toyota will not want to see another black mark against their name in Australia. They have a pending claim with the Hilux vehicles. 

I am looking forward to having my day in court.

Thank you and good luck. Bless you for all your information. I will be emailing Toyota Australia tonight.

 

On 5/26/2022 at 7:25 PM, CRH said:

Yes the vehicles are past the manufactures warranty. They will always fall back to that as an answer.

My case is based on the Competition & Consumer Act. The manufacturer and dealership will always say no to any claim we make in relation to paint peeling from our vehicles.

What they rely on is for people to walk away because it is too hard to pursue further. 

If we all as individuals start the process of submitting claims via each states small claims tribunal then I believe that Toyota will need to listen.

If only one of us has a win in court, it then becomes public knowledge. I am sure Toyota will not want to see another black mark against their name in Australia. They have a pending claim with the Hilux vehicles. 

I am looking forward to having my day in court.

 

[AnthonyH]

Two days difference. This makes me sad. 2012 Toyota Corolla Sport 070 paint code.

[CRH]

On 5/29/2022 at 4:20 PM, AnthonyH said:

Two days difference. This makes me sad. 2012 Toyota Corolla Sport 070 paint code.

Good luck Anthony. Can I suggest you correspond via email only. If you choose to proceed in making a claim via the courts it makes it strengthens your case. I am happy to help anyone that has the same issue with paint peeling from their vehicle.

 

[AnthonyH]

34 minutes ago, CRH said:

Good luck Anthony. Can I suggest you correspond via email only. If you choose to proceed in making a claim via the courts it makes it strengthens your case. I am happy to help anyone that has the same issue with paint peeling from their vehicle.

 

Thank you. I appreciate what you have done to date. The fact you share what you are learning shows good character. Yes I have sent all my concerns via email only at this point.

[JoGC]

On 3/5/2022 at 12:23 PM, CRH said:

I also have the same issue with paint peeling off my 2006 Prado with Pearl white paint. I noticed a small amount on the roof at the start of 2021.

I have currently dealt with the dealer I purchased it from, along with Toyota Australia. Both have said a big fat no.

My local vehicle repair informed me it is a common issue with this colour and time period. They also mentioned that as I am the original owner my claim should have been accepted.

I am in the process of again contacting the dealer along with Toyota Australia and asking them for my vehicle to repaired with a complete respray on the panels where the paint is peeling. If not successful then I will be using the Office of Fair Trading and let them deal with it and then thorough local magistrates court.

I have talked to ACCC along with OFT and they both have agreed that a vehicle should not have any issues of paint peeling  at 15 years of age.

Consumer Guarantee for durability has not been met.

 

[JoGC]

CRH how are you getting on. Would love to know as I have two corollas not experiencing paint issues yet. Have an older neighbour who is though so trying to find out info for him to pursue.

 

[CRH]

52 minutes ago, JoGC said:

CRH how are you getting on. Would love to know as I have two corollas not experiencing paint issues yet. Have an older neighbour who is though so trying to find out info for him to pursue.

 

Come Friday this week I will know more and what path within QCAT I will be taking. Slow process but hopefully worth the wait. 

[Frustrated Toyota owner]

 I have a 2006 120 prado grande from new with pearl white paint. In the last year the paint has started flaking off on every panel. Yesterday I contacted toyota Australia and got a reply saying that I need to go speak with my local dealer. My argument is that it's an known problem world wide so why can't Totota Australia step up like in America.

[Frustrated Toyota owner]

On 6/20/2022 at 6:07 AM, CRH said:

Come Friday this week I will know more and what path within QCAT I will be taking. Slow process but hopefully worth the wait. 

Yes!!!  please keep us updated 

[AnthonyH]

1 hour ago, Frustrated Toyota owner said:

 I have a 2006 120 prado grande from new with pearl white paint. In the last year the paint has started flaking off on every panel. Yesterday I contacted toyota Australia and got a reply saying that I need to go speak with my local dealer. My argument is that it's an known problem world wide so why can't Totota Australia step up like in America.

Exactly. What did Toyota Australia say? I think it is really poor form. They say they look after their customers and in this instance where the fault is a manufacturing one, regardless of warranty, the paint was going to prematurely flake no matter how well you looked after the car. A manufacturing defect is a defect, and it’s not in good faith that they reject claims under the guise of ‘outside of warranty’.

[CRH]

Good morning everyone,

The latest update I have regarding my pending action within QCAT is that I am heading to mediation sometime soon. QCAT is still unable to provide a date at this point in time.

If an agreement cannot be worked out, then the matter will be heard at the tribunal sometime after that. 

[JoGC]

Just now, CRH said:

Good morning everyone,

The latest update I have regarding my pending action within QCAT is that I am heading to mediation sometime soon. QCAT is still unable to provide a date at this point in time.

If an agreement cannot be worked out, then the matter will be heard at the tribunal sometime after that. 

Great news, mediators are a good independent evaluation. You will get a fair say and dont take anything less than having your vehicle righted at their expense. The person attending will have the authority to make this decision and they will try to lowball you. I think the fact that US Toyota has admitted liability is a very strong case for all vehicles. Looking forward to your update.

[Tony Prodigy]

21 hours ago, Frustrated Toyota owner said:

I contacted toyota Australia and got a reply saying that I need to go speak with my local dealer.

Talk about passing the buck. Ultimately, it's not the fault of the dealer as they are merely the facilitator to help sell the product. The parent company owns any  or all the defects that come from its own hand. I think that even though it's a known issue, Toyota now find them in an unenviable position that it knows damn well that it is responsible for a bad batch of paint material and the ramification to correct all affected vehicles would be monumental. If they were to come to the table and fix it in good faith, it would open the flood gates and this could potentially cripple the business.

Look at the DPF saga in its diesel range it's now facing. They cannot afford too many of these and trying to avoid responsibility here is typical of any major corporation. I suspect they're being coached by their legal team for sure.

They should offer an olive branch in any case that they can prove a certain vehicle with affected paint, did actually pass through that time period where the dodgy epoxy primer was used. Build dates etc can be scrutinised to narrow the time frame and those batches of cars should be rectified.

[JoGC]

1 minute ago, Tony Prodigy said:

Talk about passing the buck. Ultimately, it's not the fault of the dealer as they are merely the facilitator to help sell the product. The parent company owns any  or all the defects that come from its own hand. I think that even though it's a known issue, Toyota now find them in an unenviable position that it knows damn well that it is responsible for a bad batch of paint material and the ramification to correct all affected vehicles would be monumental. If they were to come to the table and fix it in good faith, it would open the flood gates and this could potentially cripple the business.

Look at the DPF saga in its diesel range it's now facing. They cannot afford too many of these and trying to avoid responsibility here is typical of any major corporation. I suspect they're being coached by their legal team for sure.

They should offer an olive branch in any case that they can prove a certain vehicle with affected paint, did actually pass through that time period where the dodgy epoxy primer was used. Build dates etc can be scrutinised to narrow the time frame and those batches of cars should be rectified.

Hey Tony is there a specific year/s? I see a lot of 2006 commenting overseas and 2014 in Corollas and Prados.