How good is the Disputes Tribunal?

[cave weta]

Mobile Mechanic 4U Ltd - Silverdale who did my engine job on my 4x4 van gave me a 10,000 km written warranty on his work.
at 3200 km the cam belt leapt off cos he had not tightened the adjuster up and munched the head- valves rockers and cam.

after initially admitting liability and promising to be here twice to get it sorted, he is now screening his calls and and emails and ignoring me. I have waited 5 weeks now.

Two weeks ago I told him via email that unless he is here within 7 days to fix it I will get it done elsewhere and take him to disputes tribunal to pay the bill.
still no contact.
Motor is now repaired- $3800 plus two days of hire vehicle.

What are my chances of a judgment in my favour?

[Mully]

I would have thought your chances were pretty good. He gave you a written warranty and you have given him the chance to fix it himself.

I've only ever used the Disputes Tribunal as a threat (serve the papers and watch them pay up, quick smart......)

Is he a member of the MTA or something similar too? Fair Go is always an option as well.

[Katman]

It certainly sounds as though it should go in your favour but........

Having been fucked over in the Disputes Tribunal before I have no faith in JP's ability to get anything right. They don't even have to follow the letter of the law. They hear the facts and then seem to make their decision based on which person they like the most.

[BOGAR]

It certainly sounds as though it should go in your favour but........

Having been fucked over in the Disputes Tribunal before I have no faith in JP's ability to get anything right. They don't even have to follow the letter of the law. They hear the facts and then seems to make their decision based on which person they like the most.

Like Katman I too have not have it go my way but I will say the more information you can show for the case (anything and everything that supports it, emails, times of calls, anything in writing..) the better the chance. (And once again) don't play nice, I did and got completely screwed over by the lady giving allot of BS about my state of mind etc which had nothing to do with the fact SHE pulled out in front of me or even that case at all. From memory you go first so they get to shoot you down after wards with all sorts of BS which i found hard to take.

[MadDuck]

...depends on who is adjudicating and what they had for lunch and whether they got a bit last night quite frankly.

It doesnt cost much and is worth a shot. You can fill out and file the papers yourself at North Shore District Court.

Take as many copies of emails, correspondance, invoices, letters etc BUT even if you are legally in the right it may not go your way.

Good luck

[Boob Johnson]

Like Katman I too have not have it go my way but I will say the more information you can show for the case (anything and everything that supports it, emails, times of calls, anything in writing..) the better the chance. (And once again) don't play nice, I did and got completely screwed over by the lady giving allot of BS about my state of mind etc which had nothing to do with the fact SHE pulled out in front of me or even that case at all. From memory you go first so they get to shoot you down after wards with all sorts of BS which i found hard to take.

Like Katman & Bogar, I too have had a DT go the wrong way. It really is hit & miss but in saying that if the facts are as you say then you have a pretty good shot I would say.

Serve the papers & see what happens. Apparently the guilty party often pays up when pressed this way

[Mole_C]

I've used it twice and happy both times. Got full amount I claimed for the first time and the second time Telecom gave in as soon as they got the papers

[madmal64]

Used them a few times and all good on the outcome.
I have found that as long as there is a paper trail and things are in writing it makes things so much easier. Witnesses to any verbal conversations in dispute can be called. so make sure they are available.
If you can eliminate as much of the I said/he said stuff as possible it makes the whole process a hell of a lot easier.

[pzkpfw]

...cos he had not tightened the adjuster up...

Did you get this confirmed by a third party?

(It might be obvious to you, but not to a J.P.)

[cave weta]

Did you get this confirmed by a third party?

(It might be obvious to you, but not to a J.P.)

The Mechanic still has my digital camera at his workshop but when I go and get it it has photos that I will post here- the adjuster is fretted and rubbed where it has been flopping back and forth till the bolt fell out completely and it dropped off . clear as day when you see it.

Mechanic explained that when they assemble the cambelt onto the wheels, they back the adjuster off and fit belt - then alow the spring to take up the slack and set the timing then lock up the adjuster bolts. That is the part he didnt do. the adjuster was just sitting with its spring holding it in place. eventually - ( 3200km) the mounting bolts vibrated out and it let go!

[Blatman]

Most of the time they go 50\50 so make sure you up your claim to the max!

[slofox]

Have once used DT. With results in my favour and full claim awarded. I bought along tonnes of evidence plus witnesses. No problem.

[Katman]

The Mechanic still has my digital camera at his workshop but when I go and get it it has photos that I will post here

I would be getting it back ASAP. Otherwise, you might just find that suddenly your digital camera seems to have lost those photos.

[MSTRS:Me]

I think he means the second mechanic, not the memory-challenged one...

[kevfromcoro]

Just been down that track.....

found the judge quite fair,, but it is all based on the facts in front of her..

i took my accountant to the DT,,
he turned up with a laptop and a briefcase full of goodies ...got shot to peices..

just make sure you have plenty of amo before you go.

written better..................