How good is the Disputes Tribunal?

**cave weta** · 24th April 2009, 17:14

Originally Posted by MSTRS

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

Ha ha - correct!- new mechanic has the camera for recording evidence...I havent seen the dude from Silverdale since I paid him!

the shop who has the van now is doing his very best to get parts at the best prices. he rang 7 suppliers before ordering the bits.

Im confident that I will win - I doubt the guy will even drive down 200km to attend the hearing. Im just worried that there may be ways for him to avoid paying. Surely the system will follow through?

**trustme** · 24th April 2009, 17:20

Originally Posted by 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.

Best post here by a country mile. It can work but you have to have your act / info together & all ducks in a row or it will be a total lottery.
In my case legally I was right & lawyer said go to court , went straight to court & the judge fucked up & sent us to disputes tribunal.
Produced complete paper trail ,we won & were awarded interest on the outstanding debt. The court was wrong but the disputes tribunal got it right in the end

**dipshit** · 24th April 2009, 17:27

Originally Posted by Katman

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.

You obviously didn't give the JP the secret Freemason signal.

**MSTRS:Me** · 24th April 2009, 17:31

Originally Posted by cave weta

Im confident that I will win - I doubt the guy will even drive down 200km to attend the hearing. Im just worried that there may be ways for him to avoid paying. Surely the system will follow through?

Even with a judgement in your favour, actually getting money out of the 'defendent' is not always easy. Lots of horror stories about that state of affairs.

**barty5** · 24th April 2009, 17:52

Originally Posted by cave weta

Ha ha - correct!- new mechanic has the camera for recording evidence...I havent seen the dude from Silverdale since I paid him!

the shop who has the van now is doing his very best to get parts at the best prices. he rang 7 suppliers before ordering the bits.

Im confident that I will win - I doubt the guy will even drive down 200km to attend the hearing. Im just worried that there may be ways for him to avoid paying. Surely the system will follow through?

He wont have to drive all the way down once over 100ks(could be 150ks) they allow tyou to go the the nearest court and do phone conference.

**cave weta** · 24th April 2009, 17:57

Originally Posted by barty5

He wont have to drive all the way down once over 100ks(could be 150ks) they allow tyou to go the the nearest court and do phone conference.

Oh thats cool... they can listen to him mumble on about being a useless mechanic who wont honour warrantees or return calls!

**kevfromcoro** · 24th April 2009, 17:59

Originally Posted by barty5

He wont have to drive all the way down once over 100ks(could be 150ks) they allow tyou to go the the nearest court and do phone conference.

well yeah he can do that....

but its not half as good as turning up on the day........

**Mom** · 24th April 2009, 18:14

Originally Posted by cave weta

Surely the system will follow through?

Sorry to read you are having to deal with this bunch of shite mate. The DT is largely a fair and balanced process, but... It is very PC in a lot of ways, and everyone is given endless time to "have their say" before a decision is made. Stick to the facts and the evidence you have and you should be ok.

As far as the followup on any judgement, that will fall to you. The Tribunal will make an award and it will be legaly binding, but that does not mean you will get any money. If they dont pay there is a whole new range of procedures you will need to follow to get anything.

Lets hope it does not come to that eh, and you get full and final judgement for all the costs and then full and final payment in settlement. If it turns to crap, flick me a PM, I have a tiny bit of experience in chasing down legally binding debt.

**EJT** · 24th April 2009, 18:35

If it is as you say and an independent third party believes the damage was caused by the mechanic then you have a good chance.

You are probably covered by the Consumer Guarantees Act, so do some preparation and have some law supporting your case to give to the Tribunal because if the Judge ignores the law after it has been presented to them that gives you one of the few grounds for appeal.

**MadDuck** · 24th April 2009, 20:07

Originally Posted by EJT

if the Judge ignores the law after it has been presented to them that gives you one of the few grounds for appeal.

It is not heard by a judge and their decision is not able to be appealed. So get it right as you can first time.

Maybe I have just had a bad run but I have had the last two cases not ending with the result actually asked for despite all the legal documents god sent us to prove the case.

**awayatc** · 24th April 2009, 20:15

people pay because they want to (obviously not the case with your "mechanic")
Or they pay because they are afraid of the consequences if they don't.....
(tribunals being only one way of trying to achieve this..)

Good luck

**Skyryder** · 25th April 2009, 12:17

If you win and fail to get the money see a solicitor and get a caveat on his house. When he comes to sell he will not be able too. This puts you back in charge. Go for fees and everything else.

And start to keep a diary of what was said by whom.

Skyryder

**MadDuck** · 25th April 2009, 17:13

Originally Posted by Skyryder

get a caveat on his house. When he comes to sell he will not be able too.

Unless the secured creditor (i.e. Mortgage lender) has a higher debt outstanding than the property sells for. In this current market it is quite possible. Then the caveat is next to useless!

**EJT** · 26th April 2009, 12:36

Originally Posted by MadDuck

It is not heard by a judge and their decision is not able to be appealed. So get it right as you can first time.

Ok Referee not Judge - but you can appeal - section 50 Disputes Tribunal Act:

"Appeals (1) Any party to proceedings before a Tribunal may appeal to a District Court against an order made by the Tribunal ...

(a) The Referee fails to have regard to any provision of any enactment that is brought to the attention of the Referee at the hearing; and (b) As a result of that failure, the result of the proceedings is unfair to the appellant."

Hence the reason for bringing the law to their attention so they can't disregard it and make a decision based on who dresses the nicest!!