RPW Wins legal action! ( omg our legal system sucks ) - 3000GT/Stealth International Message Center
3000GT/Stealth International 3000GT/Stealth International
 

» Auto Insurance

» Featured Product
» Wheel & Tire Center

Go Back   3000GT/Stealth International Message Center > Regional Discussions > International(NON USA) > Australia

3SI.org is the premier Mitsubishi 3000GT Forum on the internet. Registered Users do not see the above ads.
Reply
 
LinkBack Thread Tools
Old 01-15-2013, 11:28 PM   #1 (permalink)
one day
 
Jazz9's Avatar
 
Join Date: Oct 2009
Location: WA, Australia
Drives: 1994 GTO
Jazz9 is an unknown quantity at this point
Feedback Score: 1 reviews
Default RPW Wins legal action! ( omg our legal system sucks )

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.
__________________
JDM 94 GTO VR4

Forged Internals, Dejon sidemounts, 3sxcutionors, upgraded manifold and dump, OEM MLS Headgaskets, cam gears, 99 SL ecu, Chrome V2, LCD Boost Controller, 560CC injectors, Hotwired walbro 255L, RPS MAXX clutch, SCE CENTER DIFF, PLX Wideband, SCE OBX front diff, reinforced endcase, transfer case bracket.
Jazz9 is offline   Reply With Quote Quick reply to this message
Sponsored Links
Advertisement
 
Old 01-16-2013, 12:21 AM   #2 (permalink)
I'm a Member
 
Join Date: Dec 2004
Location: Sydney
Drives: GTO 1996
MichaelMR2 is an unknown quantity at this point
Feedback Score: 6 reviews
Default Re: RPW Wins legal action! ( omg our legal system sucks )

HOlllllllllly shiiiiiiiiiiitttttt

I feel bad for saying this
__________________
Another Day Another Dollar
MichaelMR2 is offline   Reply With Quote Quick reply to this message
Old 01-16-2013, 12:58 AM   #3 (permalink)
Just play along....
 
speedy25's Avatar
 
Join Date: Dec 2006
Location: NE oHIo
Drives: Various Japanese
speedy25 Level 1speedy25 Level 1speedy25 Level 1
Feedback Score: 7 reviews
Default Re: RPW Wins legal action! ( omg our legal system sucks )

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
__________________
speedy25 is offline   Reply With Quote Quick reply to this message
Old 01-16-2013, 02:16 AM   #4 (permalink)
one day
 
Jazz9's Avatar
 
Join Date: Oct 2009
Location: WA, Australia
Drives: 1994 GTO
Jazz9 is an unknown quantity at this point
Feedback Score: 1 reviews
Default Re: RPW Wins legal action! ( omg our legal system sucks )

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.
Jazz9 is offline   Reply With Quote Quick reply to this message
Old 01-16-2013, 03:29 AM   #5 (permalink)
TUFFTR & JDMBBQ
 
TUFFTR's Avatar
 
Join Date: Nov 2007
Location: Australialand
Drives: Mitusbishi Magna
TUFFTR is an unknown quantity at this point
Feedback Score: 12 reviews
Default Re: RPW Wins legal action! ( omg our legal system sucks )

Good. I hope you win. Take it all the way man. Show these people they can't just screw people over like this.
__________________
1993 Mitsubishi Magna 3.5L DOHC
Magna/Diamante/Sigma/3000GT/Debonair Bits'a.

What's left
- Snow N/A meth kit - purchased!
- Enkei 18" wheels - purchased!
- Dyno Tune - All that's left.....
- Vapour Injection LPG system - purchased!
TUFFTR is offline   Reply With Quote Quick reply to this message
Old 01-16-2013, 04:08 AM   #6 (permalink)
Doin stuff
 
GTO Assassin's Avatar
 
Join Date: Jan 2005
Location: Ellenbrook, WA
Drives: 1993 Mitsubishi GTO
GTO Assassin Level 2GTO Assassin Level 2GTO Assassin Level 2GTO Assassin Level 2
Feedback Score: 46 reviews
Default Re: RPW Wins legal action! ( omg our legal system sucks )

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

Scotty
__________________
Scooter
GTO Assassin is offline   Reply With Quote Quick reply to this message
Old 01-16-2013, 04:15 AM   #7 (permalink)
Just lucky I guess.
 
RuralGTO's Avatar
 
Join Date: Jun 2011
Location: Atherton, Qld
Drives: 99,2000, last 2 TT's
RuralGTO is an unknown quantity at this point
Feedback Score: 2 reviews
Default Re: RPW Wins legal action! ( omg our legal system sucks )

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.
__________________
RuralGTO


Z15A0500289. Feb 1999, TT MR (B3H Hybrid Diff )
Z16A0600118. Feb 2000, TT
Z16A0600144. July 2000, 2nd last TT GTO
Z15A0600289. July 2000, Last TT GTO



Living the GTO life.
"Just old cars mate, but you meet lots of good people if you drive one "

RuralGTO is offline   Reply With Quote Quick reply to this message
Old 01-16-2013, 04:17 AM   #8 (permalink)
one day
 
Jazz9's Avatar
 
Join Date: Oct 2009
Location: WA, Australia
Drives: 1994 GTO
Jazz9 is an unknown quantity at this point
Feedback Score: 1 reviews
Default Re: RPW Wins legal action! ( omg our legal system sucks )

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
Jazz9 is offline   Reply With Quote Quick reply to this message
Old 01-16-2013, 04:28 AM   #9 (permalink)
Forum Member
 
mtonkin6's Avatar
 
Join Date: Dec 2010
Location: Gold coast,Australia
Drives: 92 GTO TT
mtonkin6 is an unknown quantity at this point
Feedback Score: 0 reviews
Default Re: RPW Wins legal action! ( omg our legal system sucks )

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.
mtonkin6 is offline   Reply With Quote Quick reply to this message
Old 01-16-2013, 05:04 AM   #10 (permalink)
Forum Member
 
ozdave2's Avatar
 
Join Date: Nov 2007
Location: GEELONG VICTORIA AUS
Drives: 92 STEALTH TT
ozdave2 is an unknown quantity at this point
Feedback Score: 1 reviews
Default Re: RPW Wins legal action! ( omg our legal system sucks )

Look at the Competition and Consumer Act 2010.

Quote:
Originally Posted by Jazz9 View Post
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
__________________
[SIGPIC][/SIGPIC]
ozdave2 is offline   Reply With Quote Quick reply to this message
Sponsored Links
Advertisement
 
Reply

  3000GT/Stealth International Message Center > Regional Discussions > International(NON USA) > Australia

Quick Reply
Message:
Options

Register Now

In order to be able to post messages on the 3000GT/Stealth International Message Center forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.
User Name:
If you do not want to register, fill this field only and the name will be used as user name for your post.
Password
Please enter a password for your user account. Note that passwords are case-sensitive.
Password:
Confirm Password:
Email Address
Please enter a valid email address for yourself.
Free email addresses do not work(yahoo, hotmail, gmail,...)
We are currently being blocked by AOL so any AOL based address may not work(aol.com, aim.com, netscape.net, cs.com)
Email Address:

Log-in

Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.



Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Powered by vBadvanced CMPS v3.2.2

All times are GMT -5. The time now is 05:04 PM.




Garage Plus vBulletin Plugins by Drive Thru Online, Inc.

Search Engine Optimization by vBSEO 3.3.2