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What should I do? |
Eat the additional loss and just get on with it |
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92% |
[ 12 ] |
Make a complaint through The Motor Ombudsman |
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7% |
[ 1 ] |
Start a Claim at the Sheriff Court |
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0% |
[ 0 ] |
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Total Votes : 13 |
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Fat Angry Scotsman |
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Fat Angry Scotsman World Chat Champion
Joined: 12 Jan 2021 Karma :
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Posted: 10:18 - 08 Sep 2021 Post subject: NEW SAGA: The disputed Kawasaki - Ombudsman or Court? |
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In true FAS form, it appears that the ER6-F is now going to go down the road of a dispute.
The garage told me verbally over the phone that the repair bill will be "between £950 - £1,150 depending on how long it takes" and that the parts needed were "generator cover, generator cover gasket, stator, rotor and tyres".
I obviously don't want to pay that level of money given that the parts mentioned (except tyres) would cost me around £320 off eBay. So, I took the forum advice and got them to deliver it back to me. Yesterday I was invoiced £37.01 for "assessment" and £30.00 for "collection and delivery of bike". I was surprised at the reason for replacing the tyres they gave as I just assumed it was because they were squaring off.
On the invoice, in the advisories section it was stated (verbatim):
INVOICE RECEIVED wrote: | TYRES REQUIRED FRONT AND REAR DUE TO THE CONTAMINATION OF OIL AND CHAIN LUBE - 120/70 & 160/60 S22 BRIDGESTONE £238 PLUS FITTING
NEW HANDLE BARS, NEW ENGINE CASING COVER, NEW GASKET £160.
NEW STATOR £320 OR £60 OFF EBAY.
NEW ROTOR £110
ESTIMATED 4 HOURS LABOUR £296
*******
ORIGINAL CASING COVER CAN NOT BE REFITTED
******* |
Now on the surface of it £864.00 - £1,124.00 is what these items are totalled (depending on a new or eBay stator) is alright, I mean I can get the parts cheaper but not massively cheaper.
However, the problem is that they have removed AND BINNED more parts than which were listed including the lower fairing, stator cover, chain cover and all the brackets, clips and fasteners for all of the things taken off without my permission. They have removed and binned parts that have never been mentioned to me before this, are not mentioned on the paperwork and will probably cost at least £100 more to replace.
I phoned them this morning asking if I could collect the removed parts and they said no because everything has already been binned and that anything binned was broken so why would I want them back?
Needless to say I am not pleased. You will see from my previous photograph the sprocket cover wasn't broken or even marked so why would that get binned? Sure, they need to take it off to unplug the stator cable, but it doesn't need replaced.
The garage seems to think they are covered because the paperwork says "original casing cover can not be refitted", unfortunately that doesn't wash with me as the Motor Ombudsman states on their website that parts (even broken parts) remain the property of the vehicle owner and must be retained and returned to the owner unless the owner gave permission for their disposal: which I did not.
The Motor Ombudsman wrote: | As the owner of the vehicle, you are entitled to keep any parts that are removed from your car during a service or repair, regardless of their condition. When booking in your car for work, it is important that you notify the garage at this stage not to dispose of any old parts that are taken off your vehicle. |
SOURCE: https://www.themotorombudsman.org/knowledge-base/can-i-keep-any-parts-that-have-been-removed-from-my-car-during-a-service-or-repair
The Motor Ombudsman wrote: | If you haven’t notified a garage that you wish to keep old parts from your car once they have been removed, the business should keep the parts until you have collected the vehicle and will normally dispose of them in a reasonable timeframe after the repair for space and safety reasons.
If the removed components are no longer available to view or keep, contact the business to find out if there is any other evidence they have kept showing their condition (e.g. videos or photos). If there isn’t any such evidence, you may wish to consider discussing with the business, before raising a dispute with The Motor Ombudsman, as to whether they may be open to some form of remedy to recognise the fact they have been unable to provide the old component(s). |
SOURCE: https://www.themotorombudsman.org/knowledge-base/what-happens-if-the-parts-i-wish-to-see-have-already-been-disposed-of
So, now I am going to go on BAILII to try and find some applicable case laws and schedule out all the parts that they binned but never stated were broken on the paperwork and then decide whether I use the Motor Ombudsman or just make a Claim (Simple Procedure) at the Sheriff Court.
I will put pictures in the next post showing the condition at the time of the accident and then how it was returned to me. If you notice anything missing that I haven't clocked please let me know. Also, what are these hoses that are just dangling off the bike? Do they go anywhere? ____________________ PRESENT: 2018 BMW S1000XR SE Sport.
PAST: 2009 Kawasaki ER-6F. 2021 Zontes ZT-125U. |
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Fat Angry Scotsman |
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Fat Angry Scotsman World Chat Champion
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MarJay |
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MarJay But it's British!
Joined: 15 Sep 2003 Karma :
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BRUN |
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BRUN Trackday Trickster
Joined: 10 Oct 2020 Karma :
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Posted: 10:51 - 08 Sep 2021 Post subject: |
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christ your having some bad luck lately, push the issue, if they have binned undamaged parts without your permission they will have to get you new ones, anything with damage though personally i wouldnt be arsed as you were going to have to get new/replacement anyway
the inspection and transport fee's I would have expected to pay, no issue with those
be aware that any ombudsman claim may take a LONG time to sort out, you may not hear anything at all for 6+ months
I do a lot of online gambling, the ombudsman for that is IBAS, I have had 2 disputes in the last few years, both took at least a year to sort out
sometimes its better to draw a line under things, get stuff sorted, and move on, put it down to experience
Last edited by BRUN on 10:59 - 08 Sep 2021; edited 1 time in total |
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Fat Angry Scotsman |
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Fat Angry Scotsman World Chat Champion
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ThunderGuts |
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ThunderGuts World Chat Champion
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Fat Angry Scotsman |
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Fat Angry Scotsman World Chat Champion
Joined: 12 Jan 2021 Karma :
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Posted: 11:05 - 08 Sep 2021 Post subject: |
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BRUN wrote: | christ your having some bad luck lately, push the issue, if they have binned undamaged parts without your permission they will have to get you new ones, anything with damage though personally i wouldnt be arsed as you were going to have to get new/replacement anyway
the inspection and transport fee's I would have expected to pay, no issue with those
be aware that any ombudsman claim may take a LONG time to sort out, you may not hear anything at all for 6+ months
I do a lot of online gambling, the ombudsman for that is IBAS, I have had 2 disputes in the last few years, both took at least a year to sort out
sometimes its better to draw a line under things, get stuff sorted, and move on, put it down to experience |
Well, there is always that aspect to it. If I went through the Sheriff Court the process will probably take six months from start to finish, they will not be the first or last people I've made a Claim against if it comes to it.
EDIT: I am not fussed about the assessment or transport fees, I think the transport fee is actually very fair compared to quotes I got from local recovery companies. ____________________ PRESENT: 2018 BMW S1000XR SE Sport.
PAST: 2009 Kawasaki ER-6F. 2021 Zontes ZT-125U.
Last edited by Fat Angry Scotsman on 11:10 - 08 Sep 2021; edited 1 time in total |
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Fat Angry Scotsman |
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Fat Angry Scotsman World Chat Champion
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Kawasaki Jimbo |
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Kawasaki Jimbo World Chat Champion
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Fat Angry Scotsman |
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Fat Angry Scotsman World Chat Champion
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BRUN |
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BRUN Trackday Trickster
Joined: 10 Oct 2020 Karma :
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Fat Angry Scotsman |
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Fat Angry Scotsman World Chat Champion
Joined: 12 Jan 2021 Karma :
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Posted: 12:37 - 08 Sep 2021 Post subject: |
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I have scheduled out the parts that were un-necessarily disposed of. All those bolts, washers and hardware add up.
For the avoidance of doubt: items 01 through 05 I do not have an issue with as they needed replaced anyway. The rest though are a different matter.
https://i.imgur.com/96oXXsm.png
EDIT: I just noticed that item 13 is actually still there. ____________________ PRESENT: 2018 BMW S1000XR SE Sport.
PAST: 2009 Kawasaki ER-6F. 2021 Zontes ZT-125U. |
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Fat Angry Scotsman |
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Fat Angry Scotsman World Chat Champion
Joined: 12 Jan 2021 Karma :
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Posted: 14:00 - 08 Sep 2021 Post subject: |
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OK fair enough, situation averted - came to a compromise. ____________________ PRESENT: 2018 BMW S1000XR SE Sport.
PAST: 2009 Kawasaki ER-6F. 2021 Zontes ZT-125U. |
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Ste |
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Ste Not Work Safe
Joined: 01 Sep 2002 Karma :
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A100man |
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A100man World Chat Champion
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ThunderGuts |
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ThunderGuts World Chat Champion
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Ste |
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Ste Not Work Safe
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A100man |
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A100man World Chat Champion
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Pete. |
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Pete. Super Spammer
Joined: 22 Aug 2006 Karma :
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Posted: 14:19 - 08 Sep 2021 Post subject: |
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Contaminated tyres due to oil and grease is bullshit. Wash them. Rubber is designed to be impervious to oil and grease just like water and air.
Long-term immersion is a different thing but just picking up some engine oil from the spill is a non-issue. ____________________ a.k.a 'Geri'
132.9mph off and walked away. Gear is good, gear is good, gear is very very good |
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BRUN |
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BRUN Trackday Trickster
Joined: 10 Oct 2020 Karma :
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Bhud |
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Bhud World Chat Champion
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Pete. |
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Pete. Super Spammer
Joined: 22 Aug 2006 Karma :
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Posted: 19:19 - 08 Sep 2021 Post subject: |
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I'd be removing that rotor and measuring the runout on the taper before buying any other parts, if that wre mine. ____________________ a.k.a 'Geri'
132.9mph off and walked away. Gear is good, gear is good, gear is very very good |
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Nobby the Bastard |
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Nobby the Bastard Harley Gaydar
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P. |
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P. Red Rocket
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Evil Hans |
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Evil Hans World Chat Champion
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Old Thread Alert!
The last post was made 2 years, 230 days ago. Instead of replying here, would creating a new thread be more useful? |
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