RPW Wins legal action! ( omg our legal system sucks )

[Jazz9]

Below is the transcript of what I said at court:

If David or Robert want to put there side of the story up - fine.

I've got a number of other claims that I will be starting with RPW. ( gearbox, timeframe of repairs etc ) I'll let you know how I go.

17/8/10 Start of first engine rebuild
25/1/12 Completion of first engine rebuild
30/1/12 Completion of first engine rebuild
About 1500kms completed on new motor
11/3/12 engine failure
28/3/12 Returned for warranty work
26/10/12 Second repair work completed
26/11/2012 RPW refused settlement with consumer protection.
26/11/2012 Lodgement to Magistrates Court
16/01/2013 Magistrates Court dismissed case as I can not prove there was not sump damage.

In 2010, I commissioned RPW to rebuild my 1994 Mitsubishi GTO Engine.
I had a written quotation for $6100 including parts. The turnaround on the job was estimated at 2 months. I chose this workshop due to the quick turnaround time promised.
Due to a lack of staff, RPW took 18 months to complete the 97.3 hours of work. I was forced to purchase another car as it took so long.
When the car was received back, it drove fine apart from a leaking gearbox. I completed approximately 900-1500kms (I think it was closer to 1000kms as I had the first service booked in).
The engine started making a loud knocking sound. There was no overheating or oil pressure issues indicated on the dash.
I was in Collie at the time and had a $500+ towing cost to return the car to RPW.
When the car arrived at RPW, I spoke to David Thomas about warranty and confirmed the 20,000km and 1 year warranty.
The car was in the workshop for 7 months (again, RPW lacking staff) for 60 Hours of work. During the time that the car was in the workshop, I called every ~2 weeks to check the progress.
At no point during the repair process did RPW find the cause of failure. When the car was finished and ready to pickup, David Thomas (Service Manager) called me and informed me that the work was completed and chargeable.
At that point I again asked what the cause of failure was. David Thomas confirmed that they had not found the cause of the failure. I was very confused as it was a warranty claim from the start.
A few days later, I called and discussed the work with Robert Thomas, he informed me that the sump had been damaged by the Client (me). They told me that it had clearly visible damage from a jack. He alleged that he had known about the cause since about half way through the rebuild process. No measurements or picture of the damage where taken.
I have the recording of the conversation with Robert if this information is in dispute.
I find it very unbelievable that:
• When the car was inspected upon arrival to RPW, the alleged damage to the sump was not found.
• When the oil was drained from the engine via the sump, the alleged damage was not found.
• When the engine was removed, the alleged damage to the sump was not found.
• When the sump was removed from the engine, the alleged damage to the sump was not found. This requires 15+ bolts to be removed and at least 10 minutes working on it.
• When the sump was refitted to the car, the alleged damage to the sump was allegedly found and repaired
• There is no charge on the invoice for the alleged sump repairs taking place.

Being that it is such a pivotal point in the engine rebuild, a note on the invoice or a call to the owner would have been expected. I believe that the sump damage either never existed or was so minor that it was not noteworthy and certainly not the cause of the failure.
I can not get any workshop to give me a second opinion due to the damage to the sump being repaired without my knowledge.
I believe that the sump was not the issue and it was a workmanship issue with the first engine rebuild.
The four parts that could have proven this case either way are:
1. Sump
2. Main bearings
3. Oil from engine
4. Oil filter
The sump was repaired at the time of rebuild without my consent. With the correct measurements and pictures, the fault may have been identified.
The main bearings where thrown out before the car was returned. The main bearing that failed can be returned to the manufacture to be assessed for the cause of the failure. In my opinion, this would have proved that the rebuild was warranty.
The oil and oil filter was thrown out before the car was returned. The oil and filter can be sent away to be analysed for causes of failure. Roktex is one such company and I have an example report if required.
Most other parts (including other bearings) where returned in the car.
RPW's policy is the return all parts with the car in the boot. They do this as they are not the legal owner of the parts. I have a phone recording of this if required.
At no time did I jack up the car from the sump. I have extensive experience with cars and would NEVER do this.
At this point I contacted consumer protection and mediation was attempted. I offered a 50-50 split of the invoice. The consumer protection officer inspected the car, but as the damage was repaired, could not offer any useful conclusions except the take the matter further to court.
Since I lodged the case with this court, I have fully paid for the work under protest. The car is back in my possession and I am seeking a refund of $6070.80 + court costs.

In summary:
RPW’s policy (as stated on a sign in there office) is that no work will be commenced without written authorisation from the client. At no point did RPW get my consent (written or verbally) to proceed with any paid work. RPW can not prove that the work is or is not warranty. I can not prove that it is warranty due to the parts being disposed of by RPW. If RPW had informed me that the warranty was not going to cover the rebuild, I would have taken the car elsewhere for independent inspection. The original quotation was for $6100 including parts and a 2 month turnaround. I has now taken nearly 3 years and over $14000 excluding parts.

[MichaelMR2]

HOlllllllllly shiiiiiiiiiiitttttt

I feel bad for saying this

[speedy25]

You werent prepared for your court case well enough. I dont know how AU courts work but you HAVE to have a good knowledge of the law AND procedure to win on your own.

In the US you still have the right to appeal. Get a good lawyer and do it! Dont let the appeal window pass you by.

-SP

[Jazz9]

Yes, i agree. I am going to be getting a lawyer for next time. The court that is was lodged in prohibites lawyers being present. I will lodge it with another court and I will see how I go.

[TUFFTR]

Good. I hope you win. Take it all the way man. Show these people they can't just screw people over like this.

[GTO Assassin]

The court system does in fact suck. Good luck Glen. Anything you need, let me know.

Scotty

[RuralGTO]

Glen that's a horror story. Surely just the two months spinning out to 18 would have given the magistrates court cause to doubt the workshops competance.
I would have a yarn with a lawyer. I would also get advice from same about pitfalls or otherwise of taking it to the media. A bit of television time or threat thereof often seems to make things happen for the better.
Good luck anyhow, I reckon you deserve some. Have to admire how you haven't given up.
Glen I know I'm not a proffesional but when I repaired my sump I left marks on the inside when I straightened it. The oil and heat leaves a sort of coating on the inside that is very hard to remove. Where its been pushed or hit to straighten it there will be marks. Also if there's a kink in the strained screen it is hard to get out. I tried with thin wire poked through and back between the mesh wires. I reckon by the sound of it it will be easy to tell if they messed with it. They sound about as useless as I am. There's pics of the damage and repairs in rural 2000 GTO thread after we took it to Winton drags. I know it's a horrible thought but the evidence could well be in the sump itself if you weren't billed for a new one. Make sure you have witnesses if you are so determined you resort to pulling the sump off for a look.

[Jazz9]

I'm still researching australian law. I've found that in the US, I wouldn't have an issue as the burden of proof reverses in the first 6 months of the warranty so that the supplier has to prove his case.

It seems like in australia, I have to prove that the it is a warranty claim. I can't do this as the parts where disposed of by RPW.

Glen

[mtonkin6]

If u are going to the trouble of going through the courts (which of coarse you should) take them for every thing you can get. Including the other car u bought, lost work time,stress and personal issue etc.
I got tboned in my mr2 by a drunk driver who then fled the scene(on foot stupid bitch,just left her car in the middle of the road) anyway after 6 months of going through the courts her insurance deemed itself void and I got $6000 from her as that's all she had. Anyway moral is ask for as much as u possibly can get so that u don't get shafted.

The other thing is when I worked for lube mobile, I did a whole days training on company policies concerning old parts and signatures on quotes. See if u can get a company policy of the mechanic that did you work. Without proof that it wasn't a warranty concern while under warranty(old parts) they have to foot the bill.

[ozdave2]

Look at the Competition and Consumer Act 2010.

Originally Posted by Jazz9

I'm still researching australian law. I've found that in the US, I wouldn't have an issue as the burden of proof reverses in the first 6 months of the warranty so that the supplier has to prove his case.

It seems like in australia, I have to prove that the it is a warranty claim. I can't do this as the parts where disposed of by RPW.

Glen