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  • Bannisiter Law class action

    Has anyone got an email from these guy?
    I have 3 options
    1- opt out - must be completed by 4pm on 30 September 2020
    2 - sign up as either a "represented group member" or as a "registered unrepresented group member"
    3 - do nothing... which means i become an "unregistered group member" by default i think.

    what are people's thoughts?

    I did also learn that Toyota has extended the warranty on the DPF system to 10 years from first delivery date with no limitation on kilometers.

    Our cars (tuner and lux) haven't had any major DPF issues (touch wood) aside from the inconvenience of extra visits to Toyota for software updates.
    I did ask Toyota if both cars could have the DPF override button installed, but the dealer refused. That was a while ago, wonder if they have changed their tune now.

  • #2
    I don't know for sure , I wouldn't know the implications of any of those 3 options if any.
    I signed up with them after the initial class action started a couple of years back , cos back then I was having quite a few problems with my first Tuna. Since then Toyota replaced my car with a new one under goodwill so I didn't chase up the issue any further , I had no need to. I also had a new email address , so never received any updates from bannister Law anyway.
    2016 GX , in White

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    • #3
      I got it yesterday. If I go with it I think it'll be as a represented group member. Maybe a forum member can shed a bit more light in non-legal speak.

      I still have mild white smoke issues sometimes, but as the car had all the DPF updates over the years, its not as bad as it was. My nephew's Lux (got it new in 2017) still has bad smoke issues. I'll be contacting him today to see if he got the Class Action email.

      Personally, I'd also like the gearbox flaring issue I've previously mentioned sorted.

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      • #4
        there is a lot of current discussion on the Prado and N80 FB pages about this as well , could be worth a read
        2016 GX , in White

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        • #5
          Thanks. Not been on the Prado or N80 FB. Will have a play over the next few days.

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          • #6
            Got the email today. Hasn't had any issues so far but have a case of mild DPF anxiety. Will probably sign up for the action.

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            • #7
              I haven't read too much about it on the Prado forum, apart from me moaning about it. Most members on there seem to be very quiet, I am well aware that the only winners are likely to be the lawyers but if there is no risk I cant see why everyone hasn't registered as even a little bit left over for owners has got to be better than nothing?
              I am also a bit puzzled why especially Prado owners seem to be reluctant to criticise Toyota, does the forum consist of all fan boys or just people who are not willing to admit that they may have made a mistake with their purchase?
              Of course any manufacturer can and often does have issues, my main complaint about Toyota's response is the lack of information, not just to owners but more importantly the dealers. My experience with dealers is that they seem to know very little about the problem. The service staff in my dealership when asked about the new software had glib answers like "it changes the parameters of the burn" but the simple question of "how" was met with blank looks!

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              • #8
                Another email update from Bannister Law saying amongst other things that:

                The independent referee found that the DPF System was not designed to work effectively during normal use of the vehicles in the Australian market, and the DPF System was designed with both mechanical and software defects.

                and that:

                Despite these problems, Toyota continues to market the Hilux as “unbreakable” and the Prado as being “built to take on Australia’s toughest terrain”.

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                • #9
                  Originally posted by JohnLynn View Post
                  Another email update from Bannister Law saying amongst other things that:

                  The independent referee found that the DPF System was not designed to work effectively during normal use of the vehicles in the Australian market, and the DPF System was designed with both mechanical and software defects.

                  and that:

                  Despite these problems, Toyota continues to market the Hilux as “unbreakable” and the Prado as being “built to take on Australia’s toughest terrain”.
                  true , but at least Toyota are doing something about it. If it was Ford / Holden / Jeep or anybody else you would be left out in the cold.
                  2016 GX , in White

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                  • #10
                    seems like toyota is being more proactive with dpf fixes, on the new hilux forum they are saying toyota is asking if the car is blowing any smoke when you drop it off for a service.... if you say yes "They then informed me that they will be replacing the dpf and injectors as a preventative measure as a "normal part of servicing" at no additional cost." (copied from newhilux)

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                    • #11
                      That’s going to be one very costly exercise!
                      it’s good to know that they are giving 10 years no km limit warranty on this.

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                      • #12
                        10 yrs only sounds good. But look at why they gave it. ONLY to try & reduce the fallout from the class action. Fortuners covered by the 10 yr warranty won't be worth much in a couple of years on a trade or sale, because as the 10 yr warranty approaches its end, that'll mean less value. More importantly, who'll want a Tuner, Prado or Hi Lux after that 10 yr periods, knowing if the DPF does fail, they'll be up for big bucks to replace it.

                        Sadly, its not just the DPF people have issues with, (eg timing belt, gearbox flaring, water pump (mine needs replacing with less than 100,000 on the clock, & seat stitching coming apart), its just that Toyota were sued about the DPF.

                        Like most of us, I've spent around $25K if not more in bars, drawers, cargo barriers, lights etc etc, & keep cars at least 10 yrs. My patrol was16yrs old when traded for the Fortuner.

                        While I'm a bit disappointed with the Fortuner, ALL car manufacturers have issues these days. Suppose its just luck of the draw with cars now more than ever.

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                        • #13
                          Originally posted by Anthony View Post
                          1 More importantly, who'll want a Tuner, Prado or Hi Lux after that 10 yr periods, knowing if the DPF does fail, they'll be up for big bucks to replace it.
                          yes true , but that can also be a good thing , if you sell after 5 years at least the next owner will know the DPF warranty is good for another 5. And if this current fix is proven to be succesful then it will be a selling point as well.
                          So far Toyota have proven to be the best out of all of them , if you had a Ford or anything else now you'd be left out in the cold. The new Navara we have at work spat its injector pump the other day , and now its a bun fight between the leasing company and Nissan to resolve a very expensive repair bill of a pump and the whole timing geartrain. Too bad if you bought one privately!! I tooked under the bonnet of this thing before it went in and guess what it uses a Renault motor !!! no thanks ...

                          2016 GX , in White

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                          • #14
                            Yep, I hear ya...!

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                            • #15
                              All car manufacturers have always had issues, it’s just now with technology it’s becoming a more expensive repair.
                              my thoughts are to rather trade in the Fortuner to update as warranty fades for DPF I’ll just service, carry out preventative maintenance and repair the vehicle as needed. Or until a time the vehicle no longer suits my needs.

                              The push for electric vehicles is ever increasing and maybe one day on here people will be discussing how many Kilowatts per 100kms they use. I personally believe we are driving around in vehicles which technology is fading fast for.

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