[sjf430]

Originally Posted by woosh

Not enough proof, from my personal viewpoint. The first shop will simply argue that in the space of 6 months plenty of people may have had fiddled with the box and hence will basically wash their hands clean from the issue

If it was within 6 days or 6 weeks, for example, then that's a totally different story

It'd be worth having a chat with a solicitor as 3k is a rather large amount to pay out of pocket.. worth a shot

I agree, friend is a lawyer, and he said the same thing

[fo55il]

Originally Posted by sjf430

They had the replace the computer few months ago, and to do that you need to take the cover off, it's housed in a white box with a white lid, same for all e9x

why YOU would have to take the cover off. I understand that the shop would have had to. 335 fanboys are always messing with our jb4's.

[sjf430]

Originally Posted by fo55il

why YOU would have to take the cover off. I understand that the shop would have had to. 335 fanboys are always messing with our jb4's.

Lol my bad

[harms]

1. Formalise your complaint in writing to the workshop who caused the problem (and provide the written evidence from the new workshop who found that the lid was not closed correctly). Focus on their negligence being the attributing factor to the water damage. Request them to fix the problem and maybe offer 25% payment as gesture of good faith.

This probably won't get you anywhere, especially if they are a small business, but will stead you well if you decide to progress your complaint further.

2. If they decline the request, or don't respond, then I would seek advice from Consumer Affairs Vic (or equiv if you are not in Vic). This will likely tell you if you have a leg to stand on or not.

3. If you do have a leg to stand on, write to the workshop again stating you will lodge a small claims dispute with VCAT (or equiv if you are not in Vic) and give them a deadline to agree to fix it before you lodge the dispute.

3. If they decline the request, or don't respond, lodge your dispute through VCAT.

A solictor could help you with a small claims dispute but this would get costly for something you may not win. Andthis could drag out though and may consume lots of time and probably be very stressful.

Your best bet is to amicably resolve it with the original workshop... whether or not you want to though might be a different story. I don't know if I'd like someone working on my car that makes mistakes like that.

[fo55il]

Originally Posted by harms

1. Formalise your complaint in writing to the workshop who caused the problem (and provide the written evidence from the new workshop who found that the lid was not closed correctly). Focus on their negligence being the attributing factor to the water damage. Request them to fix the problem and maybe offer 25% payment as gesture of good faith.

This probably won't get you anywhere, especially if they are a small business, but will stead you well if you decide to progress your complaint further.

2. If they decline the request, or don't respond, then I would seek advice from Consumer Affairs Vic (or equiv if you are not in Vic). This will likely tell you if you have a leg to stand on or not.

3. If you do have a leg to stand on, write to the workshop again stating you will lodge a small claims dispute with VCAT (or equiv if you are not in Vic) and give them a deadline to agree to fix it before you lodge the dispute.

3. If they decline the request, or don't respond, lodge your dispute through VCAT.

A solictor could help you with a small claims dispute but this would get costly for something you may not win. Andthis could drag out though and may consume lots of time and probably be very stressful.

Your best bet is to amicably resolve it with the original workshop... whether or not you want to though might be a different story. I don't know if I'd like someone working on my car that makes mistakes like that.

Call consumer affairs first!

[sjf430]

Originally Posted by harms

1. Formalise your complaint in writing to the workshop who caused the problem (and provide the written evidence from the new workshop who found that the lid was not closed correctly). Focus on their negligence being the attributing factor to the water damage. Request them to fix the problem and maybe offer 25% payment as gesture of good faith.

This probably won't get you anywhere, especially if they are a small business, but will stead you well if you decide to progress your complaint further.

2. If they decline the request, or don't respond, then I would seek advice from Consumer Affairs Vic (or equiv if you are not in Vic). This will likely tell you if you have a leg to stand on or not.

3. If you do have a leg to stand on, write to the workshop again stating you will lodge a small claims dispute with VCAT (or equiv if you are not in Vic) and give them a deadline to agree to fix it before you lodge the dispute.

3. If they decline the request, or don't respond, lodge your dispute through VCAT.

A solictor could help you with a small claims dispute but this would get costly for something you may not win. Andthis could drag out though and may consume lots of time and probably be very stressful.

Your best bet is to amicably resolve it with the original workshop... whether or not you want to though might be a different story. I don't know if I'd like someone working on my car that makes mistakes like that.

I have done all that, and offered to pay 50%, called fair trading and be speaking to them on .Monday, however I'm in between just saying f this, I'll just pay for it, or taking it further, where I'm for your help which I'm getting a lot! Thanks

[harms]

Well if forums are good for anything they are good for getting a whole heaps of different peoples opinions! Lol

[_ink]

Extremely tough one, especially after 6 months.

There is no concrete proof that the shop did, or did not put the cover on correctly..

There is also 'plausibility' that you did, or did not personally open the box to check their work later.

A lawyer in this field would be the best bet for advice here, interested to know how you go if you do pursue it though!

[sjf430]

Originally Posted by _ink

Extremely tough one, especially after 6 months.

There is no concrete proof that the shop did, or did not put the cover on correctly..

There is also 'plausibility' that you did, or did not personally open the box to check their work later.

A lawyer in this field would be the best bet for advice here, interested to know how you go if you do pursue it though!

True that, just sucks they can get away with it, there are all these things protecting consumers , but in reality its business that get away with it. I genuinely did not open that cover (yet an lawyer would argue I did) and get away with it most likely. I found another fourm, where a guy in Australia had a corroded DME like mine, and had a BMW dealer replace that, AND the box it was in......could that be a point to argue? That they didn't know the items that has to be replaced?

[Scotty89]

Originally Posted by sjf430

True that, just sucks they can get away with it, there are all these things protecting consumers , but in reality its business that get away with it. I genuinely did not open that cover (yet an lawyer would argue I did) and get away with it most likely. I found another fourm, where a guy in Australia had a corroded DME like mine, and had a BMW dealer replace that, AND the box it was in......could that be a point to argue? That they didn't know the items that has to be replaced?

Well if they don't fix it, be sure to name them.

It's not defamation if you post to say "I had to pay X because Y failed. Workshop Z did this work 6 months ago and I hadn't touched it since."

At least you can warn others to take their shop to who is a little more careful.

And I also agree with the previous comments. The windshield drainage is not going to block anytime soon. The plastic removable grates have raised spikes on them... even if it was clogged with a metric shit tonne of leaves and foliage, it would still drain before it reached the DME box.

You'd have to drive it nose first into the ocean to get water in their with the bonnet closed.

Did you ever spray a hose in the engine bay at all??

[sjf430]

Originally Posted by Scotty89

Well if they don't fix it, be sure to name them.

It's not defamation if you post to say "I had to pay X because Y failed. Workshop Z did this work 6 months ago and I hadn't touched it since."

At least you can warn others to take their shop to who is a little more careful.

And I also agree with the previous comments. The windshield drainage is not going to block anytime soon. The plastic removable grates have raised spikes on them... even if it was clogged with a metric shit tonne of leaves and foliage, it would still drain before it reached the DME box.

You'd have to drive it nose first into the ocean to get water in their with the bonnet closed.

Did you ever spray a hose in the engine bay at all??

I've never sprayed anything in the engine bay, which the dust in the engine bay will show lol, and I always get my car hand washed on the outside at a place near my work.

Just a shit ton of money to spend....for a second time looks like I'll be paying for it again most likely since it was a while since they changed it

[Socket]

Originally Posted by sjf430

Hey guys, happy new year to all!

I'm in a bit of a situation with an workshop, all forms of neogatation havnt resolved anything, for obvious reasons I'm not going to say anything about it, however if any of you have been in a situation where a workshop hasn't done the right thing and had to pressure an alternate path to get it resolved then could you please PM me? Any advice would be greatly appreciated!

Cheers boys

Consumer affairs is the place to go
They will not act until you have tried to resolve the matter with the workshop itself. Lawyers will cost you more than the repair is worth, so I would not go this route personally
I have dealt with consumer affairs in Vic before (non auto matter) when I spoke to them they told me to do the following

1/ Write to the workshop outling the issue, (make sure you quote details like, times, dates etc) and why you feel they are a contributor to the problem and what you would like them to do and that you would like a formal response in 14 days.

2/ Wait for a response from the workshop, if favorable all good, if not goto step 3

3/ Complete a complaint form on the consumer affairs web site. You will need to provide a heap of detail, including the fact that you have unsuccessfully tried to resolve the matter with the vendor

4/ Consumer affairs will review your application and either dismiss it or assign an investigator to try to resolve the matter

In short consumer protection laws in Vic provide what is called a "consumer guarantee" regardless of warranty. Basically goods should perform for a reasonable amount of time" in this case it would not be reasonable for a auto computer to fail within six months. This principle of the consumer protection laws is probably your best bet in this case IMO

Link below explains in detail ....Good Luck

http://www.consumer.vic.gov.au/busin...mer-guarantees

[sjf430]

Originally Posted by Socket

Consumer affairs is the place to go
They will not act until you have tried to resolve the matter with the workshop itself. Lawyers will cost you more than the repair is worth, so I would not go this route personally
I have dealt with consumer affairs in Vic before (non auto matter) when I spoke to them they told me to do the following

1/ Write to the workshop outling the issue, (make sure you quote details like, times, dates etc) and why you feel they are a contributor to the problem and what you would like them to do and that you would like a formal response in 14 days.

2/ Wait for a response from the workshop, if favorable all good, if not goto step 3

3/ Complete a complaint form on the consumer affairs web site. You will need to provide a heap of detail, including the fact that you have unsuccessfully tried to resolve the matter with the vendor

4/ Consumer affairs will review your application and either dismiss it or assign an investigator to try to resolve the matter

In short consumer protection laws in Vic provide what is called a "consumer guarantee" regardless of warranty. Basically goods should perform for a reasonable amount of time" in this case it would not be reasonable for a auto computer to fail within six months. This principle of the consumer protection laws is probably your best bet in this case IMO

Link below explains in detail ....Good Luck

http://www.consumer.vic.gov.au/busin...mer-guarantees

I'll definitely be doing that come Monday.

He has offered to do the following: charge me 2800, which is the cost of the computer and he will pay for the box its housed in, and apperantly he is not charging for labour, last time it was about 2900 all up......what u think of that offer?

[lemonpark]

do you guys think I could have a case with my situation? sorry to thread jack but it's a similar situation and don't think its worth a new thread haha

[sjf430]

Originally Posted by lemonpark

do you guys think I could have a case with my situation? sorry to thread jack but it's a similar situation and don't think its worth a new thread haha

Lol what's ur situation?

[woosh]

Originally Posted by sjf430

I'll definitely be doing that come Monday.

He has offered to do the following: charge me 2800, which is the cost of the computer and he will pay for the box its housed in, and apperantly he is not charging for labour, last time it was about 2900 all up......what u think of that offer?

Find out how much the ecu costs from another workshop or two, that'd tell you if his 2800 figure is on target

[sjf430]

Originally Posted by woosh

Find out how much the ecu costs from another workshop or two, that'd tell you if his 2800 figure is on target

Let's say it is, should I just agree and do it then?

[Socket]

Originally Posted by lemonpark

do you guys think I could have a case with my situation? sorry to thread jack but it's a similar situation and don't think its worth a new thread haha

whats up Lemon???

[Socket]

Originally Posted by sjf430

Let's say it is, should I just agree and do it then?

Sounds like you will still be out of pocket close to 3K
The only thing you are saving on will be a couple of hundred in labor if I understand this right

I would speak to consumer affairs and complete a complaint form and outline the facts including the offer from the workshop

You have more to gain then to lose IMO

[Scotty89]

I would get quotes from elsewhere as mentioned.

If you cave and fix it (which shouldn't cost 3k I'd expect), then they could stuff other shit up and get you paying for that too.

[sjf430]

Originally Posted by Scotty89

I would get quotes from elsewhere as mentioned.

If you cave and fix it (which shouldn't cost 3k I'd expect), then they could stuff other shit up and get you paying for that too.

Yeah mate I thought that as well, maybe get it fixed somewhere else and see what fair trading have to say about it, see how it all goes Monday,
On top of this im going on holiday for a few weeks on Friday! Hope to get it sorted by then

[lemonpark]

Originally Posted by Socket

whats up Lemon???

A while ago I had a workshop tell me one of my parts wasn't replaced under BMW Warranty before (which it was, I have the receipt from the previous owner) and so I paid to get that part fixed. However like I said, after checking the receipts that were in the car myself after getting the car back (the car was at the shop and I asked the shop owner to check it for me, he said the receipt was not for that particular part)
The part was still under a 2 year BMW parts warranty so it should have been replaced for free but I ended up paying 1000$ for it.
I was pretty pissed off but I let it go and haven't taken my car to that shop since and have told everyone to not go there (you'd know if you were at the last meet haha) fuck them, I could've bought coils with that money (
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