my experience with the RMI - Page 3





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  1. #41
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    I have invested quite a lot (money, time and energy) into the vehicle, and are definitely planning on keeping it for a while. So sorry Johan I won't be running it in for you. It is a brand new vehicle at the moment

    I will post a list of the things that I have done to it a bit later... Just to explain!
    2013 Amarok d/c TDI 103kW 4motion

  2. #42
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    Lightbulb legal advice?

    I would appreciate it if there were somebody around here who is a lawyer that could give an opinion on the whole "give the original workshop a chance to fix it" point. When is this valid, and when is it invalidated by the other party (not me)?
    2013 Amarok d/c TDI 103kW 4motion

  3. #43
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    the advice given is of my own experience and that as discussed with those in the profession.

    the first error was to take the vehicle to another party for repairs. had you with the backing from a lawyer and the required legal letters in place gone to the AA for an assessment and offered the engine back to the first garage in stripped form with the full report and hung over their shoulder while watching them redo the work, your case would have been the strongest.

    had you sat on your hands and waited for a legal process to push him into a corner forcing him to redo the job, it would have been a good case. had he refused, you would then have, with he required letters instructed him that you have requested him to redo the engine to the required standards, refused, you would then have to instuct him that you would get someone else to repair to an acceptable level and that you would then recoup from him the money paid.

    you are still in a good position, if going to court, to still win the case on the ground that you did go back to him on several occasions insisting that the vehicle was not acceptable.
    the fact that when the engine was reopened it became evident that several repairs were done substandard and that this proves that your theory was correct.

    you have a case!

    persue it but ensure that you do not incurr excessive legal costs.
    go the small claims court route!

    Land Rovers never die, they simply become organ donors!

  4. #44
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    Well phuma, there you have it. Landyluvver said it....8)

    All I can add is; Ride them bareback, no protection and not even with a tub of Vaseline, NOTHING...!

    and offcourse let us know what happened. If you want we could 'orgenize' a ''bellaclava party'' for all acused parties involved.....I know a friend who's got a friend who know's someone... wink, wink Dirk...
    Last edited by offroad junky; 2010/05/12 at 11:43 PM. Reason: bloody keyboard again...
    Offroad junky
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    Previously;
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  5. #45
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    Hi Phuma , did you have any time to get "some" legal advice ?
    Have you thought about your situation and figured out a plan of action yet. ? Just curiuos

  6. #46
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    hi Johannes... still considering my options and thinking about what will be the best.
    2013 Amarok d/c TDI 103kW 4motion

  7. #47
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    Hey Phuma,

    Any feedback yet? Whats happening buddy? Are still going the legal route?

    Regards, Gary
    I am strong, because I've been weak.
    I am fearless, because I've been afraid.
    I am wise, because I've been foolish.

  8. #48
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    i would not let is fade away. these things quite often need nudging and prodding to keep it moving.

    Land Rovers never die, they simply become organ donors!

  9. #49
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    I just need to take a small bit of time-out from this Small claims court would be the way to go yes - maximum R7000 can be recovered.
    2013 Amarok d/c TDI 103kW 4motion

  10. #50
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    have you registered a claim with small claims court?

    Land Rovers never die, they simply become organ donors!

  11. #51
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    Hey there Phuma. Long time "no Hear" Whats the latest in the "saga" Any movement lately , good or bad
    Keep us posted pls.
    Cheers

  12. #52
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    you can claim to an amount of R 7000 in small claims court.
    worth the effort.
    personally do not believe that this guy intended for the job to turn out this way as he may have gotten away with these fixes many times before but this one backfired.
    there is no easy way to get around ovality.
    having said this, the rest of the work was shoddy.

    Land Rovers never die, they simply become organ donors!

  13. #53
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    Hi Phuma,
    Any further happenings with your claim?
    Disco 2 TD5 ES, 2000
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  14. #54
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    Thought Phuma has left the country But yes ! What happened? Did you manage something
    2004 Defender TD5
    1992 Defender 3.5V8
    PROJECT OVERHAUL http://4x4community.co.za/forum/show...oject+overhaul


  15. #55
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    often when things go well, the guys are quiet.
    seems the last issue he had was not so good vibrations.

    Land Rovers never die, they simply become organ donors!

  16. #56
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    Here I am... alive and kicking :-) The RMI case is useless, so I have not followed up on that. The small claims court - uhm that is under advisement.
    2013 Amarok d/c TDI 103kW 4motion

  17. #57
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    you may as well write it off as school fees.
    by the time you calculate what you lose in income for time off to persue the case legally, you may even run at a loss.
    i've learnt that what goes around comes around.
    in the long run he will lose 10 x what it cost you.
    that is the law of justice.

    Land Rovers never die, they simply become organ donors!

  18. #58
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    Default Phuma You are supposed to be protected by RMI

    Reading this thread make my blood boil. I am an Indie and I have been a member of the RMI for 6 years as well as being AAQA (AA quality Assured) and I think your case has not been handled correctly at all.
    1. Although the RMI is funded by its members it does not mean that they would be biased towards them quite the contrary.
    2. Your case should have gone to arbitration meeting with the indie workshop yourself an independant engineer appointed by the RMI and themselves.
    3. When you lodge a complaint to the RMI you have to pay a fee that our means you are entitled to a fear hearing.
    4. In terms of Law you did breach your warranty by taking the car to another workshop.However someone has shot themselves in the foot, because you took your car back the second time as the problem was not resolved and you were charged again so wheres your warranty for workmanship and parts. Besides that you did give the workshop a second chance ro resolve the problem how many more chances must he get. You are well with in your rights.
    SOLUTION
    1. You must demand an arbitration meeting with the RMI and bring a Qualified or ask them to apooint one and sit down round a table sort it out.It is very easy to slag each other off on paper but difficult face to face. Even if you had a budget restraint that does'nt give the indie the right to cut corners and do a botch job/
    2.The RMI does not have the power to force a workshop to comply if the outcome is favourable in your direction however they would advise you to take it up with the MIO (Motor Industry Ombudsmen) Who has the power and his decision would be final. The best means if you dont come right is to take it to the small claims court. I know for a fact most of the workshops are s..t scared of the small claims court because unless your defence is 100% bullet proof they are going to loose they envariably settle before court.
    WHAT TO DO NOW
    It is obvious that you do not want to use the first indie again after two chance one can understand. Get a quote from the second indie and use that with the RMI and sue the first indie for the total amount to do the job as you originally wanted. As the first indie said you breached you warranty "Thats very nice" by his own admission he should not have charged you so sue him for that money back as well.
    If you want a hand sorting the RMI out PM me or contact me and I will do it for you.
    Good Luck

    http://www.overlandworx.com

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    2013 Disco 4 SDV6 HSE 8sp AKA " Gr8 White Induna"
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  19. #59
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    Must say I did not expect this thread to suddenly come alive again!

    @tgwinduna: my original cost at the first independent was about R14000. When I had to have the whole job done again it cost me around R34000 (of which about R6000 went towards a resleeve of the block).

    The RMI did send their inspector man around to look at the engine when it was disassembled at the second independent, and then 5 weeks later sent me their "decision". They never asked me to pay them any money.

    Are you saying that I should phone them up again, and demand an arbitration meeting? How would that be any different from the previous "process" they went through.

    Must say, I am tempted to post some of the communication here; it was freaking bad.
    2013 Amarok d/c TDI 103kW 4motion

  20. #60
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    Quote Originally Posted by tgwinduna View Post
    Reading this thread make my blood boil. I am an Indie and I have been a member of the RMI for 6 years as well as being AAQA (AA quality Assured) and I think your case has not been handled correctly at all.
    1. Although the RMI is funded by its members it does not mean that they would be biased towards them quite the contrary.
    2. Your case should have gone to arbitration meeting with the indie workshop yourself an independant engineer appointed by the RMI and themselves.
    3. When you lodge a complaint to the RMI you have to pay a fee that our means you are entitled to a fear hearing.
    4. In terms of Law you did breach your warranty by taking the car to another workshop.However someone has shot themselves in the foot, because you took your car back the second time as the problem was not resolved and you were charged again so wheres your warranty for workmanship and parts. Besides that you did give the workshop a second chance ro resolve the problem how many more chances must he get. You are well with in your rights.
    SOLUTION
    1. You must demand an arbitration meeting with the RMI and bring a Qualified or ask them to apooint one and sit down round a table sort it out.It is very easy to slag each other off on paper but difficult face to face. Even if you had a budget restraint that does'nt give the indie the right to cut corners and do a botch job/
    2.The RMI does not have the power to force a workshop to comply if the outcome is favourable in your direction however they would advise you to take it up with the MIO (Motor Industry Ombudsmen) Who has the power and his decision would be final. The best means if you dont come right is to take it to the small claims court. I know for a fact most of the workshops are s..t scared of the small claims court because unless your defence is 100% bullet proof they are going to loose they envariably settle before court.
    WHAT TO DO NOW
    It is obvious that you do not want to use the first indie again after two chance one can understand. Get a quote from the second indie and use that with the RMI and sue the first indie for the total amount to do the job as you originally wanted. As the first indie said you breached you warranty "Thats very nice" by his own admission he should not have charged you so sue him for that money back as well.
    If you want a hand sorting the RMI out PM me or contact me and I will do it for you.
    Good Luck
    Very good advice !! Seems that you know your job Follow up on this Phuma , it's worth it !!
    Just ONE point , i don't want to start a "war" if you know what i mean
    I do not agree with your first point - sorry. Just my , and other people's experience
    2004 Defender TD5
    1992 Defender 3.5V8
    PROJECT OVERHAUL http://4x4community.co.za/forum/show...oject+overhaul


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