1. Click here to become an Official Member of BMW Club Malaysia Download Form

Taking my mechanic to court...

Discussion in '7 Series' started by kgb, Sep 5, 2010.

  1. kgb

    kgb Club Guest

    Joined:
    Feb 8, 2010
    Messages:
    463
    Likes Received:
    0
    or to be exact, consumer Tribunal. :motz:Why am i sharing this with the rest of BMW community? First of all, i am seeking some help from experienced individuals in this field as well as encourage others to stop taking shits and arrogance of our mechanic (not all, but some). I believe, that there is time, for consumers to speak up and stand for their rights. My case (in short)- engine conversion charge RM14,000 fully paid and settled in January (reciept was never given or refused to be given)- promised time frame to deliver completed vehicle promised by mechanic, within a month ( i have nothing in writing to confirm this) - some SIX months later, project not only incomplete, but has been sabotaged by mechanic (all wiring harness has been cut into peaces and some important ECU sockets are missing)- Some sources told me that mechanic refused (for no apparent reason) to continue working on the vehicle, parked it outside leaving it exposed to outside environment, which caused scratches, damaged rear light and rust. - Mechanic did not let me know of his intentions to abandon project, instead refused to answer my calls. Upon collecting the vehicle, he demonstratively refused to refund back any money, not denying that full settlement has been given. He also refused to assist in opening the hood of the vehicle (as battery was dead). Thus, vehicle was towed to a wireman who opened the hood and at that moment in time we've found out that wiring has been all cut and is no longer usable. I've roughly calculated costs, which would come to about RM10,150 (total paid RM14,000)Unfortunately, i have no receipt of payment or agreement from this particular mechanic on service deliverables. However, i do have pictures for each step of the build up process at his workshop as well as number of witnesses to confirm that car was drivable (before sabotage took place) and that it did in fact take 6 months for modifications works to be carried out. And the fact that mechanic released my vehicle to me shows that full settlement took place. I hope this is enough to convince the President of Tribunal. QUESTIONKindly, those who find this case of interest, have a careful read through and give your comments on validity of my claims and possibility of successful execution. I plan to submit my complaint at Consumer Tribunal, i believe anything below RM10,000 will be entertained (which means i'll have to slightly lower the total amount claimed). Clearly, the is an act of sabotage, as previously, vehicle was almost complete and engine was running well. I can not explain why mechanic took this path, as i could not think of one reason for him to do so. He has also failed to provide paperwork for the newly installed engine, which basically makes is (by law that is) illegal and could not be registered at JPJ, which would put the whole cost of modification at Question. I am yet to call Tribunal, but it seems, that information provided on the website is rather misleading, ranging from rm5000 to rm10,000 to RM25,000. Anyone knows exactly up to which amount claims will be entertained by the Tribunal? Any helpful experience and comments would be greatly appreciated. I am not in a rush to submit my claim just yet, awaiting for wireman to complete his job first, as i fear, that there might be other things that he may have done to further sabotage success of my project. Thanks.
     
  2. astroboy

    astroboy Well-Known Member

    Joined:
    Dec 15, 2006
    Messages:
    8,734
    Likes Received:
    121
    What if they say when they receive the car, its already in that state of condition?! How do u prove the before and after condition, seems like its a case of "your words against his word"..

    What have u don't to the foreman until u they had to return the "favor"? I am sure it not their normal practice or else they would hv close shop long ago.
     
  3. kgb

    kgb Club Guest

    Joined:
    Feb 8, 2010
    Messages:
    463
    Likes Received:
    0
    I have pictures of car going into his workshop and its condition. Its parked right in-front of his workshop with hood off, that should be sufficient enough. But one way or another, its worth a shot i think, unless you can suggest better ways to prove my case. On the other hand, parking the car under the tree for over 4 months with constant traffic, rain, sun, mud and workers rubbing against it should be enough to justify the damages. Since this is not a criminal case, proving beyond reasonable doubt is not required, pls do correct me if i am wrong.

    As i said in my first post, i can not think one one reason. This mechanic is known for his temper. Sometimes thinking with his emotions rather than head. I do not know what is going through his mind, i hope he'll explain in court, i am also curious to know. As far as i am concerned, i have always given him face, respect and was patient enough and never forced him to rush the project, instead asked him nicely and most importantly, NEVER owed him any money, always paid in full whatever he requested. Unfortunately, i still kena f**k! :stupid:
     
  4. B33mEr

    B33mEr Club Guest

    Joined:
    Jun 4, 2008
    Messages:
    3,448
    Likes Received:
    28
    Wow ... how on earth can you pay RM14,000 and not get a receipt or some sort of acknowledgement of payments being made??? You should have demanded of a receipts no?

    Why didn't you pay staggered payments i.e. 70% now and 30% upon completion of projects?
     
  5. astroboy

    astroboy Well-Known Member

    Joined:
    Dec 15, 2006
    Messages:
    8,734
    Likes Received:
    121
    Good question! A normal individual don't carry around such amount of cash. So if a cheque is issued, then its as good as an evidence of transaction, even credit card statement can be used.

    And how come pay money when car is still in bad condition?!
     
  6. kgb

    kgb Club Guest

    Joined:
    Feb 8, 2010
    Messages:
    463
    Likes Received:
    0
    Because:

    1. i trusted him too much
    2. receipt was promised but not delivered
    3. full settlement was made on good will basis, that is how well we knew each other.

    At the moment, question is not about what i should have done, but what i should be doing NOW. So pls, no need to mention what i did wrong (i know already), i am seeking guidance on what i should be doing now, so that my claim to Consumer Tribunal is valid and supported.
     
  7. kgb

    kgb Club Guest

    Joined:
    Feb 8, 2010
    Messages:
    463
    Likes Received:
    0
    No cheque, paid in cash. Withdrawn fro my account. I can show to Tribunal my bank statement for the withdrawal of that amount.

    I am not a normal individual, pls don't generalise.

    I paid money before works took place, for the cost of purchasing of half cut and other consumables and labour charges. What bad condition are you talking about? When car was delivered to mechanic, it was in reasonable condition. Vehicle was in perfect running order.
     
  8. astroboy

    astroboy Well-Known Member

    Joined:
    Dec 15, 2006
    Messages:
    8,734
    Likes Received:
    121
    I thought money only paid after job done inspection, or else no foreman gets a single sen from me.

    Oh well! damage done, best settle with the workshop direct, failing which, consumer tribunal is the next best option.

    Good luck!
     
  9. kgb

    kgb Club Guest

    Joined:
    Feb 8, 2010
    Messages:
    463
    Likes Received:
    0
    Any option to settle directly with workshop owner have failed. As i've said, he demonstratively refused to make any refunds or pay directly to third party service providers for any outstanding work carried out on the vehicle.

    Consumer tribunal is now the one and only step forward for me.

    Seeking any advice or guidance other than what is available on the Consumer Tribunal website.
     
  10. Xeto

    Xeto Member

    Joined:
    Aug 3, 2010
    Messages:
    33
    Likes Received:
    0
    Bro

    Yup you can take him to the Consumer Tribunal make sure u do it in writing this time and cc your letter to the Ministry concern at Putrajaya so they will act promptly. I think there is also a legal advisor at the Jabatan Pengguna which you can seek assistance
     
  11. Realred78

    Realred78 Club Guest

    Joined:
    Dec 3, 2009
    Messages:
    433
    Likes Received:
    1
    Wow!! So sorry to hear your predicament. I hope the mechanic gets what he deserves. Some people are just too much. All the best, bro. Hope everything works out for you. But sometimes you may need to fight fire with fire.

    It reminds me of the time my dad's Mercedes gearbox gave way on the Plus highway near Seremban and he had to allow a tow truck operator to tow it to his workshop and let them do the job. After about 2 weeks, he collected his car and was slapped with a RM 12,000 bill for what they claimed was a recond gear box. After using the car for just a couple of days, it gave trouble again. This time his usual mechanic took a look and found that nothing was done to the original gear box. All they did was just replace some couplings and linkages and did some very rough repair work which was hardly worth RM 700. Luckily for my dad his mechanic took some of his friends and paid that unscrupulous crook a visit. He returned about RM 10,000.

    All the best bro and thanks for the heads up on who this conman of a mechanic is. Will no doubt be informing people about this workshop
     
  12. docrayboy

    docrayboy Official Member

    Joined:
    Jan 19, 2010
    Messages:
    2,958
    Likes Received:
    58
    From what I know, Consumer Tribunal for claims below 5K.
     
  13. bmw7833

    bmw7833 Club Guest

    Joined:
    Oct 14, 2006
    Messages:
    9,160
    Likes Received:
    46
    Copy from Tribunal link:

    # Is there any limitation of jurisdiction?

    The Tribunal has jurisdiction in respect of any claim not more than RM 25,000.00 filed within 3 years of the dispute except the following claims :

    * claims arising from personal injury or death;
    * claims for the recovery of land, or any estate or interest in land;
    * claims in which the title to any land, or any estate or interest in land, or any franchise, is in question;
    * in which there is a dispute concerning :-
    * - the entitlement of any person under a will or settlement or on any intestacy;
    * - goodwill;
    * - any choose in action;
    * - any trade secret or other intellectual property;and
    * where any other tribunal has been established under any other written law to hear and determine claims that are under the jurisdiction of that other tribunal.
     
  14. initialM

    initialM Official Member

    Joined:
    Jan 30, 2006
    Messages:
    8,592
    Likes Received:
    212
    Can you share which workshop?:top:
     
  15. kgb

    kgb Club Guest

    Joined:
    Feb 8, 2010
    Messages:
    463
    Likes Received:
    0
    All I can say is THANK YOU, i shall do just that. BTW, which would be the Ministry concerned at Putrajaya for such matters or such applications?
     
  16. kgb

    kgb Club Guest

    Joined:
    Feb 8, 2010
    Messages:
    463
    Likes Received:
    0
    Pls note, that Workshop is yet to be proven liable for any damages caused to me, thus untill court case takes place, he is considered innocent. This should not be considered as a case of deformation. Once court makes the decision, favorable or not, i shall do all possible, to make sure that the whole of Malaysia finds out about his practices.
     
  17. Realred78

    Realred78 Club Guest

    Joined:
    Dec 3, 2009
    Messages:
    433
    Likes Received:
    1
    Kgb, mentioned it in his 5th post of this thread
     
  18. kgb

    kgb Club Guest

    Joined:
    Feb 8, 2010
    Messages:
    463
    Likes Received:
    0
    I hear you. Lets say, i prefer to give a fair go to local authorities first. After all, this is Malaysia (not Bangladash or Russia), there are laws in place and certain system which is relatively user friendly to us consumers. Lets take full advantage of it should we feel cheated. When it fails to protect us, we can than think of what to do next.
     
  19. kgb

    kgb Club Guest

    Joined:
    Feb 8, 2010
    Messages:
    463
    Likes Received:
    0
    heheheh so is it 5K or 25K? You can never tell what is right and what is wrong at times. I can bet, when i call them on Monday, i will be told something else hehehehe Lets hope that the judge is on the boll.

    if 25K, i shall attempt to claim both of my cases at once (yes, he fked me over with another vehicle). Overall amount that i wish to claim from him is around 20K. But i am not yet sure if i am eligible to sue him for two cars at once. Anyways, lets concentrate on BMW first and not complicate this any further.
     
  20. bmw7833

    bmw7833 Club Guest

    Joined:
    Oct 14, 2006
    Messages:
    9,160
    Likes Received:
    46
    They state clearly RM25K there, why bother the RM5K?

    Two cars? Bro, u send the 2nd car there even u know the mechanic failed for the 1st car?
     

Share This Page