[Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Anything and everything to do with mechanical issues with your Mk2

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alan.i
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Joined: Thu Apr 27, 2006 4:59 pm
Location: shrewsbury

Re: [Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Post by alan.i »

Just so everyone is clear, i'm not a mechanic, but i can do the odd minor repair.

As far as the internal workings of the engine are concerned my knowledge is limited and anything that i'm not sure of, i will pass on to a professional.

Therefore, when i asked this company to do the work for me i did it on the assumption, rightly or wrongly, that they where qualified to carry out the work in a manner that would not jeopardise the engine.

A common theme that keeps getting repeated here is that i should have inspected the cam cover before fitting.

I inspected it visually and saw no sand, not that i was looking for any?

I heald it at various angles to see the finish of the paint, as you do, and not once where any suspicions raised, why ?.

Presumably because i'm not a mechanic and secondly, because i did not understand the true nature of the work processes they carried out.

Call me stupid if you want, but the guy who carried out the work is supposed to qualified, thats why i agreed for him to do the work
He made out that he was, but obviously isn't.

Surely, quality control should be the responsibility of the manufacturer or service provider not the customer.

If you ever find yourself having to bail out of a rapidly decending aircraft and finding that your parachute doesn't open, you can always blame yourself for not checking it first.

On the upside, i now own the uks only toyota branded egg timer.
terry0769

Re: [Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Post by terry0769 »

Well i for 1 am completly with you on this an think the garage is totaly at fault .

im no mechanic or legal person so its just my opinion but i do hope you follow this all the way to the end and wish you all the luck in the world would be nice for the small guy who gets shafted come out on top for once :pray:


please keep us up to date with this i dont know what help i can offer but if you think of anything just drop me a pm

anyways good luck
vishpish
Posts: 565
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Re: [Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Post by vishpish »

nah man youve hit it on the head there i hope they get shafted for everything!

you relyed on thier expertise as "vehicle restorers" to take reasonable care...and its pretty reasonable to assume that a painted cam cover would end up on an engine not a mantelpiece and they clearly didnt appreciate the damage that would be caused.

can i also add paul woods should be your solicitor ;)
PW@Woodsport
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Re: [Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Post by PW@Woodsport »

balls to that vish! he wants to win! :D

seriously though,i cant believe some people on this thread can possibly think this is anyones fault other than the company,if it happened to you would you say ah well i should have drilled off the baffle plates and checked the baffles for grit prior to fitting,its my fault???

There isnt a single one of you that wouldnt have marched straight back there and demanded they pay for the engine they just destroyed due to their lack of knowledge about what they were doing.

If i go to the butchers and buy sausages im not expected to tear them open to make sure all of the meat inside is fresh and isnt going to harm me,as long as i cook them properly if i then get food poisoning its then the butchers fault if ive been sold something thats going to cause harm.When you use ANY company for a service they provide you have the right to assume they are...

A) quaified to a satisfactory standard
B) have experience in their own trade
C) provide a duty of customer care when it goes wrong

Totally one sided im afraid,and i think they havent a leg to stand on.... im going to cook some sausages now,thats made me hungry lol
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SFLee
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Joined: Wed Dec 15, 2004 12:29 am

Re: [Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Post by SFLee »

PW@Woodsport wrote:balls to that vish! he wants to win! :D

If i go to the butchers and buy sausages im not expected to tear them open to make sure all of the meat inside is fresh and isnt going to harm me,as long as i cook them properly if i then get food poisoning its then the butchers fault if ive been sold something thats going to cause harm.When you use ANY company for a service they provide you have the right to assume they are...



but you sue the one sold you the sausage, (even then you have to proof, you not left out the sausage for 4 day out in the sun before cooking it etc), and not the one make the sausage,

Sausage factory -> retailer -> end consumer
Cam cover -> installer -> end user

but like to see how this end, if you do go to solicitor make sure it is no win no fee one,

If u decide small claim court, make sure u get report from profession in their field, or mr2 specailist company, they more stuff you have to let the judge understand what is what, the more chance you have winning
terry0769

Re: [Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Post by terry0769 »

how are you getting on with this have you had any luck
alan.i
Posts: 200
Joined: Thu Apr 27, 2006 4:59 pm
Location: shrewsbury

Re: [Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Post by alan.i »

Hi
The outcome of this is that, in the time it took me to get my day in Court, i managed source and fit a low milage Rev4 turbo complete rear clip.
In February of this year, the Judge ruled in my favour for damages of £3750 which the defendant was ordered to pay me wthin 14 days.
To date i have not recieved a penny.

Next stop, Bailiffs.
kev_mr2
Posts: 129
Joined: Fri Feb 15, 2008 8:51 pm

Re: [Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Post by kev_mr2 »

just read through this.

glad you got it all sorted and you have a nice outcome in your favour aswell.

make sure you get your money by any means. even if you have to take them back to court for not paying up
terry0769

Re: [Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Post by terry0769 »

well done that man :clap: :clap: :clap:


great to see you didnt give up im sure you will get your money like the last poster said even if you go back to court
PW@Woodsport
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Re: [Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Post by PW@Woodsport »

Well done alan :thumleft:
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alan.i
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Re: [Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Post by alan.i »

I think a big thankyou is in order here, for all of those who offered their support and especially to a person called Mr Paul Woods.

Without knowing me beforehand, Paul was very supportive.
He kindly wrote a letter to the judge in which it explained the precausions that should have been employed by the defendant during the cleaning and painting process of the cam cover.

It was a very detailed letter, but painted a perfect picture of what had gone wrong and i can't thank him enough.

Its a relief that i have won the case, but i am still out of pocket.

The defedant failed to turn up at court on three occasions, giving all kinds of excuses and the Judge eventually ruled in my favour in his absence.

Needless to say, the guy will not be handing the money over without trying to make it as difficult as possible.
PW@Woodsport
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Re: [Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Post by PW@Woodsport »

More than welcome alan.
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terry0769

Re: [Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Post by terry0769 »

well done mr woodsport not only are you an mr2 master your also a very nice bloke

an a serious note well done to both of you
Jimbob
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Re: [Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Post by Jimbob »

Just to clear up here and save others some heartache I assume, rev2 this is..........

You take off the baffle plates underneath and just blast away. Then just clean out the sand as those surfaces are easily accessed. Then re-attach the plates, using a little sealant or thread lock on the bolts?

Only asking as this is what I did (although cover is still in the garage), and wanted to make sure for others. I cannot see any other precautions required? With the plates removed its just a hollow space inside?

Rev3 is different though so I have heard?
PW@Woodsport
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Re: [Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Post by PW@Woodsport »

It's safe to do providing you get rid of every single speck of shot blast media... but believe me it doesn't take much of that stuff to destroy an engine.If you have done it yourself and you are happy it is clean then ok, but i personally wouldn't.
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Rob
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Re: [Mk2] [Turbo] LEGAL ADVICE NEEDED, MY ENGINES BEEN KILLED

Post by Rob »

Having been through the same I am very interested to hear you pursue this. I hope you get all of your compensation and well done to Paul for helping out here - pat on the back from me!

Wish I had gone down this route now, but I just swallowed it - thankfully mine was a 3SGE and it enabled me to justify a Turbo conversion.
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