Seized engine??!!! VF SS II

[henrytad]

UPDATE:
So I went to NCAT 2 weeks ago against the dealer, with all my documentation, service history, reports, cracked pieces of the engine etc. My claim was for a total of $17k. The tribunal member/judge said the dealer has 2 weeks to get their own report on my engine and get it to me within 4 weeks. He was disappointed that the dealer didnt bother responding to any of my questions when I first contacted them. Although the dealer is "Pickles Auctions", the fact that I purchased the car at a fixed price and not a bid, means the dealer is liable.

Anyway, the dealers solicitor contacted me today asking for a copy of the logbook as well as the receipts for the engine and labor. So I guess we will see what happens now. They have to get the report to me by Monday 13th Feb, If no agreement is reached we go back to tribunal on the 22nd so I will keep you all posted. I said at the tribunal that if they are willing to settle on 50% ($8,500) I will accept it and move on with no hard feelings.

 

[MrBags]

I personally wouldn’t have said that I would take X amount of dollars, even if you’re happy to accept that number.
Either way I hope you get a positive outcome mate.

 

[henrytad]

I personally wouldn’t have said that I would take X amount of dollars, even if you’re happy to accept that number.
Either way I hope you get a positive outcome mate.

Many thanks mate!

 

[Ron Burgundy]

I hope you did not put that in writing. Even if you did you can say you have reconsidered your position and insist on coverage of the full cost.
They might come back with all sorts of offers but stay firm and do not budge. Full cost only

 

[Mickcc]

Well i can remember back in the 90`s I bought a WB statesman bloody nice car Blue
and then booked in for a warranty service a Frankston after picking it up after work it run for a while and before i got home to Baxter
started coughing like a bag of ****
got home looked under the bonnet checked the Spark plugs
I could turn them by hand they where that loose
never went back there again
more can be said for the Transmission had to get the Bands adjusted every 6 months
had to sell it in the end
had to bite the bullet on that one

 

[henrytad]

I hope you did not put that in writing. Even if you did you can say you have reconsidered your position and insist on coverage of the full cost.
They might come back with all sorts of offers but stay firm and do not budge. Full cost only

Definitely not in writing. I said it in a way that I would accept half if they’re willing to settle it on the day. But if it drags on and I’m without a car taking Ubers etc I’d want the full cost.
I’ll 100% stay firm! At least till we can reach a mutual settlement

 

[Ron Burgundy]

Always ask for more. Also ask for costs for your time and transport and everything related to this issue.

 

[stooge]

i would be asking for the full out of pocket cost(minus the awn payment) of replacement because if they are offering something then they must think there is a decent possibility they will lose and it is cheaper for them to settle than pay their lawyers $500+ an hour to look at paperwork and read emails

 

[Skylarking]

UPDATE:
So I went to NCAT 2 weeks ago against the dealer, with all my documentation, service history, reports, cracked pieces of the engine etc. My claim was for a total of $17k. The tribunal member/judge said the dealer has 2 weeks to get their own report on my engine and get it to me within 4 weeks. He was disappointed that the dealer didnt bother responding to any of my questions when I first contacted them. Although the dealer is "Pickles Auctions", the fact that I purchased the car at a fixed price and not a bid, means the dealer is liable.

Anyway, the dealers solicitor contacted me today asking for a copy of the logbook as well as the receipts for the engine and labor. So I guess we will see what happens now. They have to get the report to me by Monday 13th Feb, If no agreement is reached we go back to tribunal on the 22nd so I will keep you all posted. I said at the tribunal that if they are willing to settle on 50% ($8,500) I will accept it and move on with no hard feelings.

From the judges order, I thought it was incumbent on the seller to provide you with info and not for you to provide them with info. So I’m a little curious why their solicitor would now want the log books?

Could it be that they want such docs for their defence hoping that in their report to you they can claim that the damage was because the vehicle wasn’t maintained according to factory schedule?

Presumably the car has always been serviced on time from both a date and kilometre perspective (I can’t remember the thread comments). If that’s the case, it makes no difference you providing such info as the solicitor wont be able to find an out clause because the previous owner missed a service*. But if that’s not the case, expect that you may need to counter any such argument with evidence showing/stating that the failure wasn’t caused by a missed oil change…

So be prepared for a little shitfuckery (or lowball offers) from their lawyer and stick to your guns on the $17k rebuild costs. In the meantime, get your ducks in a row for the next hearing if you haven’t already done so. A report from the mechanic who rebuild the engine listing damage and probable cause of failure would go a long way to counter such “you or the previous owner caused the damage by skipping an oil change“ argument, better if your engine builder can be present in court or be available for the judge to question via phone call …

As to you stating to the court that you’re happy to settle for $8500, i‘d not have made such a statement to the judge. Normally negotiations to reach a settlement (outside court) can be done “without prejudice” meaning that such offers are not binding in court (if a settlement can’t be reached between the two parties before getting to the court steps and wasting the courts time). But I’m not at all sure whether making such settlement offer in court are afforded the same “without prejudice” protection so such statements may be binding and if so can cost you dearly…

Still, its not a gimme so I’d be wanting to revisit such statements and clarify to the judge that your statement in court was a without prejudice offer made in good faith to speed up settlement negotiations and hopefully he can cut you some slack you being a non lawyer (just like me)… And in any out of court settlement discussions that may occur before you return to NCAT should also be presented as “without prejudice”.

Really, you should be asking for the full $17k repair costs plus any consequential (out of pocket) costs associated with the failure (stuff like travel costs, technical reports, etc).

So good on you for fighting for your ACL rights. I hope it all goes well for you the next time you go to NCAT (if you can’t reach a good settlement before that date )

 

[mpower]

great result for you, for the ppl bagging the AWN warranty - they've clearly never had one and/or made a bodgy claim or something, I had one a few years back and they paid for anything they said they would. Glad you took this all the way too. Hopefully many more years of trouble free motoring!