Small claims information

[HTFU]

Just wanting some feedback from anyone who has had a dispute regarding mechanical work done and how you went about getting it sorted.

Short story (as short as I can get it) is local garage replaced the bearings on my caravan dec 06 . Caravan does its annual pilgrimage to the beach and back 500km.

Sits for a year until Dec 07 and gets its annual warrant no problems and does its trip to the beach and back again 500km.

Sept 08 I jack the caravan up to remove a flat tyre and bugger me the wheel bearings are loose. Check the other side and same again. Not just a little but huge amount of adjustment of lock nut to tighten them up, split pin is in but bearings extremely loose.

Take caravan back to local garage who have changed ownership but the original owner of garage is still in the building as he only sold the mechanical side he still sells cars out the front. (Mitsi dealer)

New mechanic takes wheel apart and finds they have used metric sized bearings rather than imperial and reckons it must of not gone all the way onto the axle when fitted and then moved once heated up during travel. Flogged out and one side even wielded onto the axle.

Old owner says he would of sorted it if it was in a reasonable amount of time i.e 1 year but says its too late now. ( he is still trading under the same name as far as I am aware.

My opinion is regardless of how long ago the job was done, fact is bearings were wrong ones and its just my bad luck we only use caravan for 500km a year and obviously it took the second trip for it to come loose as it passed its warrant prior to the trip.

Its a small matter of $300, but its the principle of the thing, my wife tows the caravan up the Coromandel with my kids in the car (I take the bike) and they were pretty damn loose.

[SlideMoto]

I'd tell you to htfu and stop being one of those caravan towing pussies that cause so much agrivation on the road.

But I wont.

Never been through the process but Id reckon youve got a case

[HTFU]

I'd tell you to htfu and stop being one of those caravan towing pussies that cause so much agrivation on the road.

But I wont.

Never been through the process but Id reckon youve got a case

We tow at night so kids go to sleep in the car and while you are all tucked up in bed.

Yeah I think I have a case but not sure how much is involved in pursuing it. Hence some comments appreciated

Cheers

[slofox]

Get in touch with small claims and ask them about statute of limitations - if it applies and for how long - and anything else you need to know - they are helpful souls....

[trustme]

Time elapsed should not be a problem . The prob is who do you have a crack at , new owner will not be liable for old owners FU. Was the old owner a sole trader or a registered business, do not be surprised if the old company no longer trades or has been liquidated & he scoots out from any responsibility , like the leaky home builders. Lawyers will cost too much , do a compny search & a director search on the companies register , see who owns what, get all your paper work etc together then go to citizens advice.
Paper work & supporting documentation is a key factor , if it becomes a he said, she said , but I thought situation it gets messy, get the ducks in a row.

Short answer, the small claims procedure can work but the findings are not always based on law & some of the findings can be pretty weird, worth a go

[tzrmike]

Lawyers etc,= too much cost.

Replace the bearings with the correct ones, then hurl the old ones through his dealership window.

[Mom]

My opinion is regardless of how long ago the job was done, fact is bearings were wrong ones and its just my bad luck we only use caravan for 500km a year and obviously it took the second trip for it to come loose as it passed its warrant prior to the trip.

Its a small matter of $300, but its the principle of the thing, my wife tows the caravan up the Coromandel with my kids in the car (I take the bike) and they were pretty damn loose.

Your case is worth taking. I have never been involved with a mechanical thing in disputes tribunal, but my experience of them (have had a bit) is that both sides get to say their side, and then adjudicator makes a binding ruling that no one is happy with...LOL You may get half?

Can you leave your caravan where it is off site, rather than drag it to and fro? We leave ours offsite for $1 day where we camp. It is still rego'd and warranted, we drag it to garage for that. But what it means is we can simply pack what we need for our holiday, be it a weekend or a month, get in the car and drive there. We have even been known to do it on the bike, makes for intersting meals when we do there though to be fair...LOL

[Pedrostt500]

I think their out may be that they can claim to dispute your milage on the caravan, thuogh yes I'd be pissed if this happened to me.
you need to collect as much information as you can, and photos of the damage if possible.

[HTFU]

Get in touch with small claims and ask them about statute of limitations - if it applies and for how long - and anything else you need to know - they are helpful souls....

will do cheers



Time elapsed should not be a problem . The prob is who do you have a crack at , new owner will not be liable for old owners FU. Was the old owner a sole trader or a registered business, do not be surprised if the old company no longer trades or has been liquidated & he scoots out from any responsibility , like the leaky home builders. Lawyers will cost too much , do a compny search & a director search on the companies register , see who owns what, get all your paper work etc together then go to citizens advice.
Paper work & supporting documentation is a key factor , if it becomes a he said, she said , but I thought situation it gets messy, get the ducks in a row.

Short answer, the small claims procedure can work but the findings are not always based on law & some of the findings can be pretty weird, worth a go

Think the guy is still trading under the same name. will have a look into it.



Lawyers etc,= too much cost.

Replace the bearings with the correct ones, then hurl the old ones through his dealership window.

I like...



Your case is worth taking. I have never been involved with a mechanical thing in disputes tribunal, but my experience of them (have had a bit) is that both sides get to say their side, and then adjudicator makes a binding ruling that no one is happy with...LOL You may get half?

Can you leave your caravan where it is off site, rather than drag it to and fro? We leave ours offsite for $1 day where we camp. It is still rego'd and warranted, we drag it to garage for that. But what it means is we can simply pack what we need for our holiday, be it a weekend or a month, get in the car and drive there. We have even been known to do it on the bike, makes for intersting meals when we do there though to be fair...LOL

had a similar thing with Fisher and Paykel over a dishwasher outside of warranty and sorted it with them over the phone and got half of repair paid for. This guy doesn't want a bar of any compensation.
As for caravan we take it to a DOC camp ground and do want to start using during the year.



I think their out may be that they can claim to dispute your milage on the caravan, thuogh yes I'd be pissed if this happened to me.
you need to collect as much information as you can, and photos of the damage if possible.

Yeah he pulled the milage thing and I said even if I did 10000km the part fitted is still incorrect and caused the damage. Photos and old parts are good idea if they still have them.

Thanks guys covers heaps of stuff I overlooked so appreciate it. Have a virtual beer on me.

[Mom]

had a similar thing with Fisher and Paykel over a dishwasher outside of warranty and sorted it with them over the phone and got half of repair paid for. This guy doesn't want a bar of any compensation.
As for caravan we take it to a DOC camp ground and do want to start using during the year.


I dont drink beer though :dodge:

We also camp at a DOC camp ground. We are lucky enough to be able to leave our van there. You seem to have a bit more rustic DOC facility than us. Ring the people that you make your booking via. They may be able to help you find a place to "park" your van at minimal cost when you are not staying in it? Where are you camping?

[trustme]

Its a long bow but under the consumer guarantees act goods supplied have to be of reasonable durability which may allow you to snivel to to the motor vehicle diputes tribunal [ I think ]
Not expensive but it is a pain in the arse so most people give up.

Not me , Had a warranty issue with a motorcycle [ guess which one ]
Rust on the inside of the rims when bike is 12 months old. Dealer says fair claim, NZ Importer says OK, Overseas manufacturer bats claim, says rims & spokes are service items like oil , filters ,tyres, chains etc.
"Like fuck" says moi, "I'll take you to motor vehicle disputes under consumer guarantees act" Got reports from 2 x credible independant experts that said moi is on the case.

Two complete new wheel assemblies have arrived [ All I wanted was a replacement front rim ] Total cost $ 3000 on warranty

I'm a happy camper but only because the squeaky wheel gets the oil . Don't back off
It's the principle

The local dealers & importer were good value in my case , there was a problem & it DID get fixed.