Taking Someone To Court And The Success Rate

[jays r33 gtr]

hey guys,

atm im in the process of taking someone to court over the engine i had fully built that has shit itself after 15 xxxkm due to his assembly..

as most of you could imagine it is a very stressful and expensive process after i had just had my motor strip down again to find numours problems.

i am wondering if anyone has gone thru this before and if they had any sucess if so please feel free to pm me any details..

cheers Jayson

[Shazbanger]

Sucks mate.

A mate of mine has his RB26DETT Stagea at a workshop recently, to install some a new turbo, FMIC, and a few other bits and pieces. They completely screwed him over, damaged his car, damaged the motor, didn't install everything correctly, and the tune was rubbish. It came back from the shop and wouldn't boost above 8psi, randomly just turned off and was running super rich, after the tune. He went back to the shop, and they obviously claimed it wasn't them.

He went to the Fair Trading, with a list of things the shop said they were going to do, and the invoice they gave him after he shelled out $8k. He also compiled a list of faults, and went to 3 different places to get a list of things that were broken, etc.

Fair trading got in contact with the workshop, and told them that they had to fix his car. So he took it back to the first workshop, and they dodgily fixed the problems, but he wasn't happy with it, so he took it elsewhere, and got quotes to fix it, and provided it to the Fair Trading lady, who then liased with Workshop A, basically saying that he was going to take the car elsewhere, and that they were going to pay for it to be fixed. Then Workshop A told him to bring the car back again, and they would fix it completely.

Its still going now, and its been since September last year.

Good luck mate. I hope it all works out for you in the end. Its a shame that this stuff has to happen.

Cheers,

Shazza

[Frosty]

it can be a lengthy process but as as the above case the car should of never gone back and taken it else where

all the best mate i have just finished my court case on other circumstances been going since may

AFAIK mechanics can almost get away with murder when it comes to cars but follow the right processes dont pay and dont take the car away from the workshop is the best way to ensure you get what you want

best of luck getting it sorted and do what ever it takes to ensure you do

[Duncan]

I'll bet no-one has a story about how an issue was resolved in working through Fair Trading/CTTT. They have no ability to force the right outcome, there are too many places for the dodgy workshops to hide, and the shops know how to play the game. I was also ripped off over $15k by a workshop on a dodgy build and despite engineer's reports etc never got anything back. At best, you will get years of legal bills and arguments.

[Risking]

There is some hope to arguing your plea.

One of my good customers had an engine built last year (was sent away for rebuild and refitted at my workshop)

The engine builder neglected to check piston to valve clearance at anything other than 0 deg on the cam gears. When it was tunned the cams were adjusted and valves meet pistons ever so slightly (tuner wouldn't have had any idea) engine ran for some 5 race meetings like this and then disintegrated to shrapnel.

Engine builder was apprehensive at first and denied responsibility. After some calm discussion and fault finding he came to the party and has rebuilt the engine at no charge. Owner is annoyed that it happened and is very frustrated but that's understandable.

performace race engine is a commonly used excuse for "no warranty"

The smart mechanical shops have income insurance to cover stuff ups like this. The insurance company will pay to fix the engine if the workshop have made a mistake.

Maybe ask them if they have this type of insurance?

[jays r33 gtr]

I am willing to do what ever it take to get something out of this.. he has done it to a few people who i have spoken to and someone has to do something about it so it dosnt keep happening to others, instead of people letting these things go..

I just got the full report back from my car..

Now they have told me that the harmonic balancer was missing the spacer behind it which was causing it to rub on the on the AC plate, when the pulled it off they founf that it was cracked and the woodruff key on the crank was badly damaged.

so i asked them to pull the motor apart to see what other damage was caused, in that process they told me what parts were in the motor and alot of what didnt match up to what he had told me he put in, so thats another thing..

once the block was checked they found numours cracks in it also.

now they told me id be looking at a full rebuild again including a new crank and new block so this is going to be very costly

keeping in mind i had taken the car back to him on many occasions to sort out other problems and the last one was to check the noise from the harmonic balancer and to fix a blown head gasket

[r32-25t]

Can you pm me who said workshop is?

[jays r33 gtr]

PM sent

[niZmO_Man]

Holy bloody hell, that's downright shameful. Hope they pay for it, what a disgrace.

[T4NK]

Wow man thats realy bad, mind sending me a PM with the shop name so i know to stay clear

[Sinista32]

hey guys,

atm im in the process of taking someone to court over the engine i had fully built that has shit itself after 15 xxxkm due to his assembly..

as most of you could imagine it is a very stressful and expensive process after i had just had my motor strip down again to find numours problems.

i am wondering if anyone has gone thru this before and if they had any sucess if so please feel free to pm me any details..

cheers Jayson

I'll bet no-one has a story about how an issue was resolved in working through Fair Trading/CTTT. They have no ability to force the right outcome, there are too many places for the dodgy workshops to hide, and the shops know how to play the game. I was also ripped off over $15k by a workshop on a dodgy build and despite engineer's reports etc never got anything back. At best, you will get years of legal bills and arguments.

Yes. "not many if any"

Succesfull twice although never received full amount back from either.

Fair Trading will tell you themselfs that mediation/arbitration (and court) no one leaves totally happy.

Will PM details over the weekend. Will not mention shop or persons by name.

Cost to you = time, effort, emotions and a few more dollars - tis alot like a bad divorce (been there done that also)

[GTRAAH]

I have heard of people winning. And fair trading hardly cost you a thing, I have discussed this type of thing with them. There is no if's about it if the workshop has done wrong by you for-sure do not let ANYONE change your mind they should not get away with these things otherwise they will keep on doing it. Simple as that.

Good Luck

[SECURITY]

hey mate can you send me a PM with the workshop name also?

[jays r33 gtr]

Thanks for all the response guys..

i lodge my forms into the Courts yesterday and so far so good and its good to see i have alot of back up and people with simlar stories.. its a shame that these sort of things happen to us, which give a bad name to this industry especially with someone like myself who works hard for there money and does these things with pasion and it has now turned me off my car i can't even stand looking at it anymore because all it has givein me is headachs and bullshit..

so now ill make sure i stick through these and finally get what i have wanted and what i have paid for

[T4NK]

Thanks for all the response guys..

i lodge my forms into the Courts yesterday and so far so good and its good to see i have alot of back up and people with simlar stories.. its a shame that these sort of things happen to us, which give a bad name to this industry especially with someone like myself who works hard for there money and does these things with pasion and it has now turned me off my car i can't even stand looking at it anymore because all it has givein me is headachs and bullshit..

so now ill make sure i stick through these and finally get what i have wanted and what i have paid for

If you have the option of getting ur money back or have them pay for another shop to rebuild it of ur choice, take that is my advice dont let em touch her again to dogs.

[Sinista32]

I'd also like a PM on the workshop.

Did you provide the shop "first right of repair" and did they decline? Can you proove this ?

When you had it removed and stripped did you have an independant engineer on hand to take pictures and provide a written report (root cuase - like poor workmanship, incorrect assembly etc..?

This will come in handy. Especially if it is an engineer on the CTTT list use them as there evidence is undisputable. Cost $600.

Do you have their invoice and how detailed is it? What does it say about Warranty and Workmanship?

During the process you have just started it as been my experience they will mediate a conference with you and the registerd business owner of the shop.

Perhaps twice even. This is where they will attempt to reach a comprimise. If this fails you will both submit in writing your cases and appear in "court"

Submit engineers report, Workshop reports, costs to date, Invoice etc..

The ruling is legal and final.

If/when and how much is ruled in your favour orders will be made for payment/s to you.

Quite often these "people" cry poor and will make payment over time. If they default then all becomes due.

After the ruling their workshop will also receive regular visits to ensure all is on the up and up.

Is the workshop a member of the MTA or similar in your state? Do they have insurance to cover and can/will they use it.

If their fee paying members you will be lucky if they cant/dont pay (go bankrupt on you, or they have no colateral).

Because eventually the MTA will step in and pay you out

If they dont show up the case will be ruled in your favour for the full amount you have claimed.

You then go get an order to have their bank account garnished for the amount owing. And/or the sherrifs can go to their shop and take/sell parts to pay you

I suggest you obtain their bank account details.

If it doesn't make sense then I am happy to chat over the phone. PM me.

Ps. Total cost to me was sub $1000 the second time.

Engineers report, lodgement fees, Cour orders, Garnishing Orders, Orders for the Sherrif to attend the place of business (one off cost).

Cost to me of work done on first rebuild including parts $18,000. Cost recoverd $7500.

2nd Rebuild cost $24k. I got some extras that weren't in the first build (my choice)

Time frame to recover the money from 1st build was over 12 months.

Time to get it resolved through the process 2 years !!

So adding it up 3years

[Sinista32]

It's your thread but this is the result for me from following it through. May help you

Root Cause: Spacer for top sealed ring on wrongside causing all the oil to be lifted/pushed to the top.

Impact: Oil Starvation

Damage Caused: Top+Bottom end - Including Cylinder Bores, Bearings, Rods, Crank, Pistons, and Turbos.

Costs awarded on the basis of Root cause but not all the causual effects of the root cause. Cost of the parts and labour required to resolve disputed by engine builder even though having a full and signed quote, and the diffreneces between his buy price and quoted price of parts on quote to resolve. In fact bugger all awarded for all the damaged new parts. Really the amount awarded in my case added upto the Labour component of the build.

Good Luck. My advice would be to keep a level head, retain your patience, try not to get overly emotionally involved and be persistant. Dont settle along the way, see it through to the end.

It's extremely taxing emotionally and leaves a bad taste. However hopefully it will provide an example and hold those accountable.

[Duncan]

Good post Richard, good to hear someone has actually got an outcome. How long did it take and how much did it cost that you did not get back?

[GTR-N1]

Thanks to you Jayson and shazza and Richard and Duncan and others for the logic in this here thread - despite the heartache - and keeping the emotions in check.

The owner of my former VS2 has been going through a similar legal process as some of you may be aware.

I too, would like a PM of the workshop please.

[Sinista32]

Good post Richard, good to hear someone has actually got an outcome. How long did it take and how much did it cost that you did not get back?

Nearly 3yrs, appx $1000 in costs and received $7500