Skylarking
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@panhead, yes keeping your records is vitally important and I've not disputed that. In this instance, had Elwood had documentation of the service, it would have made the world of difference in this case and he could have even pushed for a new engine to fix the cam/lifter and piston slap issues... Should be a lesson to all to keep all records and be diligent with service
@spec3, the thread links in post #8 cover lots of ACL issues, especially loss of power steering, then in post #85 i stated
Though i didn't go into details about costs being awarded, Fair Trading would and should have discussed such when going over Elwoods arguments and case.
Now being specific to your location spec3, VCAT tribunal cost vary. Application fee depends on amount claimed. It's $67 up to a $3k claim, $217 up to a $15k claim, and the amount rises as you claim more. Other costs in <$15k product & service claims aren't levied. Also, parties are expected to bear their own costs.
Costs can be awarded by the judge during the case if the loosing party behaves egregiously. In other cases the situations the wining party can try their luck and apply for costs to be awarded for a hearing fee of $373 fee. As long as one behaves in good faith, honestly, and not maliciously, then costs are not awards. Hence the importance of not misrepresenting things and not lying (that's when it can bite you). And as always, get some advice from a consumer group on the merit of your arguments never hurt (and can be helpful in avoiding costs).
So if Elwood doesn't take the matter further, it's no skin off my nose, but fixing his engine is not as simple as as a cam job on a perfectly good engine. I'd think prudence would require that the engine still should be stripped, examined and all parts checked for damage. Basically because we can't know how much crud/metal has been wiped from the cam lobe and lifters and circulated within the engine via the oil system. I'd hate to hear of Elwood installing a new cam and lifters only to have crud that was sitting in the bearings come back and bite him aftyer all that costs... If there is crud circulating the oil system, stripping the engine down for inspection is the olnly safe way forward. As such, a mechanics report and him attending the tribunal wont break the bank in comparison to the ebuild costs...
@spec3, the thread links in post #8 cover lots of ACL issues, especially loss of power steering, then in post #85 i stated
Still think a small claims at minimal cost is a potential option... but it‘s always prudent to discuss with office of fair trading for some proper advice.
Though i didn't go into details about costs being awarded, Fair Trading would and should have discussed such when going over Elwoods arguments and case.
Now being specific to your location spec3, VCAT tribunal cost vary. Application fee depends on amount claimed. It's $67 up to a $3k claim, $217 up to a $15k claim, and the amount rises as you claim more. Other costs in <$15k product & service claims aren't levied. Also, parties are expected to bear their own costs.
Costs can be awarded by the judge during the case if the loosing party behaves egregiously. In other cases the situations the wining party can try their luck and apply for costs to be awarded for a hearing fee of $373 fee. As long as one behaves in good faith, honestly, and not maliciously, then costs are not awards. Hence the importance of not misrepresenting things and not lying (that's when it can bite you). And as always, get some advice from a consumer group on the merit of your arguments never hurt (and can be helpful in avoiding costs).
So if Elwood doesn't take the matter further, it's no skin off my nose, but fixing his engine is not as simple as as a cam job on a perfectly good engine. I'd think prudence would require that the engine still should be stripped, examined and all parts checked for damage. Basically because we can't know how much crud/metal has been wiped from the cam lobe and lifters and circulated within the engine via the oil system. I'd hate to hear of Elwood installing a new cam and lifters only to have crud that was sitting in the bearings come back and bite him aftyer all that costs... If there is crud circulating the oil system, stripping the engine down for inspection is the olnly safe way forward. As such, a mechanics report and him attending the tribunal wont break the bank in comparison to the ebuild costs...