I would not waste time involving legal action.Its a hiding to nothing.The owner will find himself up against a $500 per hour barrister. He should talk to SsangYong about another engine at cost or pay one off . Allow for the 45000k the vehicle has done. $16000 is not a huge amount today. Another option talk to engine rebuilder. The sooner its fixed up the better.
kenw1,
Aug 25, 1:46am
That is the advantage of the DT.
clatty,
Aug 25, 2:48am
SsangYong with their back up would blow the adjudicator out of the water .The .next step is lawyers.every letter they write $600.Read my post about the tractor deal .I learned something, there is no such thing as a mechanical consultant . Mine was the equivalent of a phony doctor who never went to medical school. A fitter who had no idea. This vehicle has been stuffed by some mechanic. Ssangyong are suberb vehicles.
llortmt,
Aug 25, 4:25am
Clatty: The D.T. just doesn't work like that, lawyers are NOT allowed, the main dealer as the seller would be the respondent (not Ssangyong) and it costs the owner (the applicant) only $180 win or loose. The owner doesn't need mechanical consultants. Keep in mind the dealer says the cause has been found and it's the injector/seal, they have put it in writing and can't change their opinion. The adjudicator will decide 'is it fair and reasonable that at 45k/3 yr the engine has failed?' It's not so the dealer will argue the engine failed because an injector seal failed. The adjudicator then decides is it fair and reasonable that an injector seal failed at 45k/3 yr?' It's not, so. The dealer then argues that the injector/seal should have been serviced/inspected. The applicant will argue that at no point was the service/inspection of injectors/seals made clear to him or included in the service scheduled or handbook.
clatty,
Aug 25, 2:44pm
The adjudicator cannot inforce payment decisions, They try to get the parties to come to a solution. Same goes for legal action through the courts .Before a full hearing takes place there will be a pretrial hearing before a judge to attempt to get the parties to come to resolution. so therefore cost $1800 plus lawyer say $5000. If you then go to full hearing you have spent$10.000 if lose pay be ordered to pay defendants costs.You have then spent $20,000 and the engine is still not repaired. This is a civil claim and the D T has no power.In fact the defendant can waste your time by simply not show up. Finished now> all the best folks
mrcat1,
Aug 25, 3:04pm
The DT is the only court in NZ that IS able to enforce its rulings, you normally have 7 or 14 days to comply, after that the respondent can go back there and get it enforced by the court. It is really NOT in the defendants best interests to not show up, they will end up with a judgement against them and then the respondent can get it enforced, not very wise words Clatty -1.
llortmt,
Aug 25, 3:16pm
Clatty: With all due respects, you don't know what you're talking about. As Mrcat says, the Disputes Tribunal does NOT work like that. There are NO pretrial hearings because it IS a hearing NOT a trail. The purpose of the DT IS to try to get the parties to come to a resolution. The adjudicator DOES make a legally binding decision. Win OR loose the 'defendant' actually called the Respondent is responsible for their own costs and cannot seek compensation for them.
rpvr,
Aug 25, 5:55pm
True. If there is a ruling against the respondent and they don't pay, the bailiffs can be called in to seize property to cover the debt. That's a fair bit of power I would have thought, and is easier to do when the respondent is a company rather than an individual.
kiwitrader43,
Aug 25, 7:02pm
Try Paul Henry or Fair Go. There should be a secondhand motor around somewhere that be fitted to this vehicle. Not worth trying to reco the old one as the fines in the oil would have contaminated and compromised everything. Like a previous poster suggested. try Pinetree. I'm sure once the media gets hold of this story the manufacturer would be more than interested to figure out how this occured. It's only a motor, but an awful lot of positive marketing if handled well.
clatty,
Aug 26, 12:32am
When I said pre trial hearing I was talking about a civil case .You don't win a case by telling a story. You have to prove the correct oil has been used in its life time. I dont think the owner can do this, Also the damaged parts may have failed . they need to be looked at by the manufacturer. At the end of the day the owner has to talk to his lawyer.
mrcat1,
Aug 26, 1:50am
Why do people think that a lawyer is the be all and end all place to go? I know personally in this instance there is other places id be going and it certainly wouldn't be a lawyers office, and a lawyer is about as much use as a cup of cold sick if the owner ends up going to the DT, once again not really the best of advice Clatty-1.
mopsy3,
Aug 31, 6:11pm
Tell the owner to contact the ex-mayor of Taupo. I would think that he wouldn't want this going to Fair Go.
llortmt,
Sep 12, 4:09pm
Update. The local SsangYong dealer that sold the vehicle has basically said take us to MTA mediation because we won??
mrfxit,
Sep 12, 4:50pm
MTA won't be happy about their branding being used without permission. This could get really REALLY messy. IRD could be interested noting the above infringement as a lead in to further investigation
budgel,
Sep 12, 5:48pm
llortmt, Thanks for your clear explanation of the situation. Please keep us updated. Best of luck at the hearing.
clatty,
Sep 12, 5:50pm
I think you need to discuss this issue with a lawyer first. I not saying take them to court Spend some money on advice.I don't think D T adjudicator are all that clued up.A lawyer will indicate your best options. you are going to need help to prepare your case at DT anyway I would never attempt a court case as I did once.The risks are to high. I own a workmate and if the motor chucks it in out of warranty I think I would buy a new engine. what a worry.regards
clatty,
Sep 12, 6:07pm
If the owner is holding you responsibile let him take action and the risks. At the end of the day we all take a risk on when we buy a vehicle . H e has to prove your negligence and I think he would end up buying a new engine because he would be pushing shit uphill.
llortmt,
Sep 12, 6:51pm
NO NO No the owner doesn't hold me responsible, I'm just trying to get the best outcome for the owner/my customer who is up against the main dealer/retailer of the vehicle, who IN MY OPINION is/has behaved in a highly, unprofessional and dishonorable manner.
clatty,
Sep 12, 9:57pm
the owner has to talk to a lawyer . You could fight his battle come a gutser and the next thing the old guy gone to live in surfers. I could kill a few arrogant sods but its better to get on with life. you done me a favour as I am now aware my engine could break down which is all I need.
llortmt,
Sep 12, 10:17pm
Clatty with all due respect, you obviously have no experience or understanding of the Disputes Tribunal. As you have been told numerous times, lawyers have NOTHING to do with the process at all. The owner will not thus be consulting one and nether will I. In my opinion this dealer has behaved like and continues to behave like a complete shyster from the start and deserves to be punished to a far greater extent than the DT will allow. However the DT is the venue in which my customer will most easily gain remuneration for his losses, with little costs or risk, which is of course my and his objective.
clatty,
Sep 12, 10:30pm
I got experience mate! if the defendant dont turn up the whole thing gets postponed for ever and a day. if they don't turn up the 2nd time the best you will get $2000. It not going to cost the owner much to speak to his lawyer first and you will find he has already done this. I call it quit now cheers
skull,
Sep 12, 10:53pm
You quit at #81, I don't think you can help yourself.
elect70,
Jul 2, 12:18pm
May be too high $ for disputes used to go to $10G max but worth a try he has nothing to lose except the fee . but everything to gain as the ref will rule on what he believes to be fair rather than letter of law . The fact the dealer seems dodgy will help .
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