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Author Advice needed (Legal Stuff) *UPDATE*
Darzz
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Registered: 28th Feb 06
User status: Offline
6th May 06 at 12:49   View User's Profile U2U Member Reply With Quote

Right,

About a week and a half ago, i swapped my impreza for a supra. One of the conditions was that i would get my timing belt changed, so on the morning of the day we were gonna swap i put my car into a garage (the owner being a mate) and they carried out the work. Picked it up, paid got the reciept. Swapped cars, everything fine.

So today, the guy text me saying "Just left AWD Subaru specialist in Perth, and they are saying the timing belt has never been changed. Contact me or i am going to my solicitor monday am." So i called the guy, spoke to him, assured him it was done, spoke to the garage who spoke to the mecahnic who done it and they said it was done!

What do i do? As far as i am aware, it was done, the owner of the garage isnt the type of guy to rip off people. As far as i am concerened they did do it!

[Edited on 08-05-2006 by Darzz]
Ally
Member

Registered: 2nd Jul 03
Location: Pontypool Drives: a Skoda
User status: Offline
6th May 06 at 12:57   View User's Profile U2U Member Reply With Quote

get written confirmation from the garage who changed the belt and give it to the guy you swapped with
Ally
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Registered: 2nd Jul 03
Location: Pontypool Drives: a Skoda
User status: Offline
6th May 06 at 12:58   View User's Profile U2U Member Reply With Quote

and if you have the recipt why didnt you give it to the guy you swapped with...
Darzz
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Registered: 28th Feb 06
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6th May 06 at 12:59   View User's Profile U2U Member Reply With Quote

The garage told me to ask the guy to phone him if he wants to.

Do i just leave it to them to sort out?

The guy has the reciept, i gave it to him along with other documents!

[Edited on 06-05-2006 by Darzz]
Ally
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Registered: 2nd Jul 03
Location: Pontypool Drives: a Skoda
User status: Offline
6th May 06 at 13:00   View User's Profile U2U Member Reply With Quote

then call this guy, tell him the cambelt was changed, provide him with written proof, along with the telephone number for the garage.

Hes more than welcome to go to his solicitor but considering the agreement to 'swap' cars was never in writing, nor the conditions of the swap there isnt much he can do really
Darzz
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Registered: 28th Feb 06
User status: Offline
6th May 06 at 13:03   View User's Profile U2U Member Reply With Quote

Cool, thanks mate
williams1.5
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Registered: 15th Feb 04
Location: worcester
User status: Offline
   6th May 06 at 13:04   View User's Profile U2U Member Reply With Quote

show ya m8 the receipt,once he confirms the receipt is is up to him to pursue the garage not you
Darzz
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Registered: 28th Feb 06
User status: Offline
6th May 06 at 13:11   View User's Profile U2U Member Reply With Quote

Good stuff, i just cant be bothered with all the hassle, as far as i can see, it WILL have been done. He has the reciept now so he can sort it out! How does he know the garage he went to aren't just trying to get money out of him?
Darzz
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Registered: 28th Feb 06
User status: Offline
8th May 06 at 19:08   View User's Profile U2U Member Reply With Quote

We update...

Spoke to the garage, they said they 100% done the timing belt.

The guy emailed me pics, stating that the bolts were painted and the paint hasnt craked so they couldnt have been undone. But when i asked the garage why they bolts were painted they said it was so that they could tell if anyone had tampered with it if anything had went wrong with there work, incase anything went wrong. Showed the pics to a known Subaru specialist and the owner said he was 99.9% sure that it was a new timing belt. Thhe old one was done 25k ago, so there would be a big difference. (if anyone can host pics i can post)

So the guy has basicly said that the belt hasnt been done, the garage is saying it was, and now he's saying Trading standards are saying "the guy(ME) is liable for this as the car was sold not as described and by law the car can be rejected."

What you all reckon???
abdus
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Registered: 23rd Feb 06
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8th May 06 at 19:22   View User's Profile U2U Member Reply With Quote

ok, let him talk to his sollicitor and he you have everything in place (receipts, witnesses etc...) then let him go forward...i dont think he will do this though...not really worth the money to go to court for a timing belt

and until then, he must not be allowed to drive the car (keep the mileage you had when cars were swapped) since he will have to prove his point that he belt is old

[Edited on 08-05-2006 by abdus]
abdus
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Registered: 23rd Feb 06
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8th May 06 at 19:25   View User's Profile U2U Member Reply With Quote

did you do any legal paperwork properly witnessed and signed?

[Edited on 08-05-2006 by abdus]
Darzz
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Registered: 28th Feb 06
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8th May 06 at 19:32   View User's Profile U2U Member Reply With Quote

No mate, none at all, all verbal
Lil_John
Banned

Registered: 26th Apr 06
Location: I come from the land down under
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8th May 06 at 19:34   View User's Profile U2U Member Reply With Quote

he hasnt got a leg to stand on mate.

When you crash into someone who's on there own and your on your own its your word against there's.

And in this case its not even worth trying to pursue, for the sake of a timing belt??

He's trying to put the sh1ts in you, dont fall for it mate!
abdus
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Registered: 23rd Feb 06
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8th May 06 at 19:38   View User's Profile U2U Member Reply With Quote

no paperwork? haha, tell him to go forward

BTW, he has nothing to prove that there was this condition (changing the belt) at the time if exchange

according to trading standards HE needs to prove ANY fault iirc..need to check this...



[Edited on 08-05-2006 by abdus]
M2RTY
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Registered: 25th May 01
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8th May 06 at 19:40   View User's Profile U2U Member Reply With Quote

tell him to jump. you could say that one condition was for him to shave his head after the swap, mean about the same really
Darzz
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Registered: 28th Feb 06
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8th May 06 at 19:42   View User's Profile U2U Member Reply With Quote

What about what trading standards said?
Lil_John
Banned

Registered: 26th Apr 06
Location: I come from the land down under
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8th May 06 at 19:44   View User's Profile U2U Member Reply With Quote

FVCK trading standards, he has no proof, tell them that its a corsa he gave you with a supra bodykit and that your gonna shag him in front of his pals,

He'll soon do one
Darzz
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Registered: 28th Feb 06
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8th May 06 at 19:45   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Lil_John
FVCK trading standards, he has no proof, tell them that its a corsa he gave you with a supra bodykit and that your gonna shag him in front of his pals,

He'll soon do one


abdus
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Registered: 23rd Feb 06
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8th May 06 at 19:46   View User's Profile U2U Member Reply With Quote

he has to prove this point for a start...a writen proof then he will be able to proceed

Lil_John
Banned

Registered: 26th Apr 06
Location: I come from the land down under
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8th May 06 at 19:47   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by abdus
no paperwork? haha, tell him to go forward

BTW, he has nothing to prove that there was this condition (changing the belt) at the time if exchange

according to trading standards HE needs to prove ANY fault iirc..need to check this...



[Edited on 08-05-2006 by abdus]


All joking aside mate, what this guy said sums it all up.

No proof , no case.
Darzz
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Registered: 28th Feb 06
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8th May 06 at 19:49   View User's Profile U2U Member Reply With Quote

The only written bit was on my ad in piston heads website where i said the timing belt would be changed, and as far as i know, it has been!
Lil_John
Banned

Registered: 26th Apr 06
Location: I come from the land down under
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8th May 06 at 19:55   View User's Profile U2U Member Reply With Quote

Whats the chances of him saving that ad though? Unless its still up mate, he's going nowhere.

Wouldnt worry about it.
Darzz
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Registered: 28th Feb 06
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8th May 06 at 20:00   View User's Profile U2U Member Reply With Quote

It's still up. But i have done the timing belt like i said in the ad, i payed to get it done and believe its done. so i have nothng to woory about i presume?
broster
Premium Member

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Registered: 6th Dec 02
Location: Drives: E39
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8th May 06 at 20:12   View Garage View User's Profile U2U Member Reply With Quote

ignore him and enjoy the new car

 
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