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Unread 30 Mar 2004, 14:28   #1
JammyJim
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Legal Question
Rightyho.


My car suspension has half collapsed and has taken with it the ABS support something or other. The suspension spring itself. The tyre (which i will come back to in a mo) and various other little bits and pieces on the nearside front wheel.


Now...
some months ago i took my car into VW in aber to ask them to check out a squeeky noise coming from the front left tyre and asked if it was anything to be concerned with. The silly little man told me that it was nothing to be concerned with and i should just bring it back if there was any problem with steering etc.

He didnt bother taking a look.
I went on my merry way


little did i realise that the little squeeky noise was infact the suspension spring slowly grinding away at the rubber of the tyre tearing the inner track to shreds.

Now 3 days ago i got in the car and it pulled to the left and felt 'odd' to drive. as in completely crap handling.
the ride quality had also turned to utter shit.

Upon closer inspectin the car looked like it had been lowered at the front left (but not the front right)

I took it in today to VW Stratford who insist they keep the car due to the potential danger of driving it anywhere. (i could die)

So the cost of the repairs is quite considerable. And the spring they need is on backorder so im having to wait around 5-10 days depending on whether they can source from another dealer.


HOWEVER
my question is this :

Is the little fatty in the VW aber responsible or in anyway negligent of his duty as a service technician to not have checked the car even tho i complained of a noise that didnt sound right?

Bear in mind that at this point the car was driving ok and the suspension hadnt half collapsed.


Opinions?
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Unread 30 Mar 2004, 14:44   #2
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Re: Legal Question
Do you have a record that you spoke to 'fatty'?
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Unread 30 Mar 2004, 14:46   #3
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Re: Legal Question
Well i would think he was in some way responsiable but i dont really know, i think talking to a real layer would help even if you have to pay for it as it couldsave you a hell of a ot of money.
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Unread 30 Mar 2004, 15:54   #4
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Re: Legal Question
i dont think he is, if you didnt pay him. If he gave you free advise, and you cant prove he gave you the advise there isnt nothing you could do. Even if you had proof, with out a change of money..its like me telling you your car is ok.

So want to get him back. Follow him home. Next get a brick, wrap it in tolet paper, dip it in gasoline. wat till around three am...pull a cover over your liscens plate onces you in his neighbor hood. light the brick, thow it in his car. Drive away slowly. Doesnt have a car? follow the following steps, but this time through it through his house window. (this time make sure you have a gun) fire it in the air (to wake him up so you dont kill him) then drive away slightly faster than before. Once your a safe distance way, pull the cover off the plates and hid home.
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Unread 30 Mar 2004, 16:07   #5
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Re: Legal Question
as an 'expert' he might owe you some duty of care, he was probably negligent in not even bothering to look at it, which resulted in your suspension going 'boom'. If fatty is no expert car technician, don't even bother.

small analogy: if roadside assistance fit a tyre wrongly, causing you to crash, they are liable.

get some proper legal advice though
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Unread 30 Mar 2004, 16:12   #6
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Re: Legal Question
i was just planning out revenge for all possible contengencies T&F
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Unread 30 Mar 2004, 18:33   #7
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Re: Legal Question
with the exeption of setting fire to his car :-)
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Unread 30 Mar 2004, 19:25   #8
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Re: Legal Question
Qdeathstar

FOR GREAT JUSTICE
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Unread 30 Mar 2004, 20:42   #9
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Re: Legal Question
Quote:
Originally Posted by Leshy
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FOR GREAT JUSTICE
SCHTOP TAKING OFF EVERY ZIG! THIS ZIG IS NOT READY YET!
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Unread 31 Mar 2004, 01:46   #10
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Re: Legal Question
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Unread 31 Mar 2004, 07:16   #11
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Re: Legal Question
Quote:
Originally Posted by JammyJim

HOWEVER
my question is this :

Is the little fatty in the VW aber responsible or in anyway negligent of his duty as a service technician to not have checked the car even tho i complained of a noise that didnt sound right?

Bear in mind that at this point the car was driving ok and the suspension hadnt half collapsed.


Opinions?
If your car has some sort of guarantee, then he is guilty.

Because he did not check your car when you said there might be something wrong here, he is also guilty.
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Unread 31 Mar 2004, 10:56   #12
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Re: Legal Question
Quote:
Originally Posted by I am Idler
If your car has some sort of guarantee, then he is guilty.

Because he did not check your car when you said there might be something wrong here, he is also guilty.
He needs to prove this though, fatty could turn around and say "err I have never met this guy ever in my life"

then what?
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Unread 31 Mar 2004, 11:53   #13
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Re: Legal Question
Quote:
Originally Posted by Luckeh!!!!
He needs to prove this though, fatty could turn around and say "err I have never met this guy ever in my life"

then what?
there could be 1. witnesses, 2. he doesnt even consider that
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