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NEW SAGA: The disputed Kawasaki - Ombudsman or Court?

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What should I do?
Eat the additional loss and just get on with it
92%
 92%  [ 12 ]
Make a complaint through The Motor Ombudsman
7%
 7%  [ 1 ]
Start a Claim at the Sheriff Court
0%
 0%  [ 0 ]
Total Votes : 13

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Fat Angry Scotsman
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PostPosted: 10:18 - 08 Sep 2021    Post subject: NEW SAGA: The disputed Kawasaki - Ombudsman or Court? Reply with quote

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?
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Fat Angry Scotsman
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PostPosted: 10:29 - 08 Sep 2021    Post subject: Reply with quote

IMAGE TAKEN BEFORE GARAGE:

https://i.imgur.com/pPM0DiU.jpeg

IMAGES TAKEN AFTER GARAGE:

https://i.imgur.com/7ZJoOnU.jpeg

https://i.imgur.com/4yl9vCn.jpeg
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MarJay
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PostPosted: 10:42 - 08 Sep 2021    Post subject: Reply with quote

I don't even know where to begin...

You took it to a garage and then are disputing them buying full priced parts to repair your bike?

The tyre thing I get, but the rest? Also I think it would be difficult to find a local back street garage ombudsman... It sounds a bit like you're trying to find something to get upset about to me.
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BRUN
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PostPosted: 10:51 - 08 Sep 2021    Post subject: Reply with quote

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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PostPosted: 10:58 - 08 Sep 2021    Post subject: Reply with quote

MarJay wrote:
I don't even know where to begin...

You took it to a garage and then are disputing them buying full priced parts to repair your bike?

The tyre thing I get, but the rest? Also I think it would be difficult to find a local back street garage ombudsman... It sounds a bit like you're trying to find something to get upset about to me.


I am not disputing the fully priced parts that formed their quotation. I am disputing that they binned parts that were never discussed as having been needed replaced nor were part of their quotation (causing me an additional loss in more parts). It seems that when they found out I wasn't paying for it or doing it through insurance they just took the hump and threw everything away.

Tyres will be getting replaced anyway.
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ThunderGuts
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PostPosted: 11:04 - 08 Sep 2021    Post subject: Reply with quote

The ombudsman won't be interested unless you've followed every possible avenue of resolution first anyway.

Does the garage know you're paying privately and not claiming back via insurance? I imagine if they think the latter they'll be inflating everything.

Tyres; if me, I'd probably clean them if I got hold of them promptly but then again if they've been sat in oil for a while maybe it's a safer choice. I expect you're sold on new tyres now anyway based on the other thread.

Pick up the blower and talk to them and try and reach an amicable solution. I wouldn't mention the ombudsman either; likely to only cause more agro. You've already tasked them with repair, it's not going to help matters by getting their backs up. They may have legit reasons for having to bin stuff.
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Fat Angry Scotsman
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PostPosted: 11:05 - 08 Sep 2021    Post subject: Reply with quote

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.
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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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PostPosted: 11:08 - 08 Sep 2021    Post subject: Reply with quote

ThunderGuts wrote:
The ombudsman won't be interested unless you've followed every possible avenue of resolution first anyway.

Does the garage know you're paying privately and not claiming back via insurance? I imagine if they think the latter they'll be inflating everything.

Tyres; if me, I'd probably clean them if I got hold of them promptly but then again if they've been sat in oil for a while maybe it's a safer choice. I expect you're sold on new tyres now anyway based on the other thread.

Pick up the blower and talk to them and try and reach an amicable solution. I wouldn't mention the ombudsman either; likely to only cause more agro. You've already tasked them with repair, it's not going to help matters by getting their backs up. They may have legit reasons for having to bin stuff.


They initially thought it was going to be an insurance job, they said that to me twice to just do it through my insurance. I don't see the point in doing it through insurance though my excess is £600 anyway so I am not going to lose my NCB over an additional £300.

On the tyres I am already sold on getting new ones, the tyre thing isn't an issue at all, I feel like I need new ones anyway.
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Kawasaki Jimbo
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PostPosted: 11:19 - 08 Sep 2021    Post subject: Reply with quote

I wouldn’t dwell on the stator cover (which they’ve quoted as ‘engine cover’). Your photo shows it was smashed beyond reasonable repair. You’ve no reason to want it back, even as evidence of… something. I’d want the bolts, etc back though.

I guess the problem is you’ve switched it from an insurance job to a private repair part way through the job. Costs shouldn’t be different but you know they will be.
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Fat Angry Scotsman
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PostPosted: 11:23 - 08 Sep 2021    Post subject: Reply with quote

Kawasaki Jimbo wrote:
I wouldn’t dwell on the stator cover (which they’ve quoted as ‘engine cover’). Your photo shows it was smashed beyond reasonable repair. You’ve no reason to want it back, even as evidence of… something. I’d want the bolts, etc back though.

I guess the problem is you’ve switched it from an insurance job to a private repair part way through the job. Costs shouldn’t be different but you know they will be.


I don't have a problem with the throwing away the following parts:

1. Generator cover,
2. Generator gasket,
3. Stator.

They were all mentioned as having needed replacing so I have NO problem with not getting those back.

I am upset they threw away the lower fairing, the fixings for the lower fairing, the fixings for the generator cover, the sprocket cover, etc.
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BRUN
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PostPosted: 11:23 - 08 Sep 2021    Post subject: Reply with quote

the above about the ombudsman is true, you have to have exhausted things with the business before going to them with a dispute, so I would speak to the garage again first give them a chance to sort things
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Fat Angry Scotsman
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PostPosted: 12:37 - 08 Sep 2021    Post subject: Reply with quote

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.
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Fat Angry Scotsman
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PostPosted: 14:00 - 08 Sep 2021    Post subject: Reply with quote

OK fair enough, situation averted - came to a compromise. Embarassed
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Ste
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PostPosted: 14:02 - 08 Sep 2021    Post subject: Reply with quote

And what is the compromise?
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A100man
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PostPosted: 14:04 - 08 Sep 2021    Post subject: Reply with quote

I'm a bit confused here..

Apart from assessment and devilry what have they actually invoiced you for?

Is the issue them being kunts for throwing items away that you might have re-used?

If so how much is the cost of those items?
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ThunderGuts
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PostPosted: 14:09 - 08 Sep 2021    Post subject: Reply with quote

Fat Angry Scotsman wrote:
OK fair enough, situation averted - came to a compromise. Embarassed


Hopefully an amicable one.
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Ste
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PostPosted: 14:09 - 08 Sep 2021    Post subject: Reply with quote

A100man wrote:
Is the issue them being kunts for throwing items away that you might have re-used?

If so how much is the cost of those items?

£247.36 Wink
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A100man
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PostPosted: 14:12 - 08 Sep 2021    Post subject: Reply with quote

Ste wrote:
A100man wrote:
Is the issue them being kunts for throwing items away that you might have re-used?

If so how much is the cost of those items?

£247.36 Wink


Ta. Embarassed
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Pete.
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PostPosted: 14:19 - 08 Sep 2021    Post subject: Reply with quote

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.
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BRUN
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PostPosted: 14:37 - 08 Sep 2021    Post subject: Reply with quote

Fat Angry Scotsman wrote:
OK fair enough, situation averted - came to a compromise. Embarassed


good, what have they offered
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Bhud
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PostPosted: 19:02 - 08 Sep 2021    Post subject: Reply with quote

Your rotor doesn't look good (looks deformed to me).

Just checked, and you can buy one from Ebay for £60.
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Pete.
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PostPosted: 19:19 - 08 Sep 2021    Post subject: Reply with quote

I'd be removing that rotor and measuring the runout on the taper before buying any other parts, if that wre mine.
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Nobby the Bastard
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PostPosted: 19:28 - 08 Sep 2021    Post subject: Reply with quote

Id be surprised if that rotor was damaged tbh.

It doesn't really look damaged but as Pete.says it'll take proper measurement to be sure.
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P.
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PostPosted: 19:43 - 08 Sep 2021    Post subject: Reply with quote

Fat Angry Scotsman wrote:
OK fair enough, situation averted - came to a compromise. Embarassed


Pass the popcorn
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Evil Hans
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PostPosted: 09:46 - 09 Sep 2021    Post subject: Reply with quote

Fat Angry Scotsman wrote:
OK fair enough, situation averted - came to a compromise. Embarassed


And?
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