query on mechanic business stealing parts

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Originally Posted by Epic_Dragon

i have photos of it being on my car, reciepts of proof of it being modified, even a thread in here somewhere of the process. and there is no way in which it was accidently removed and replaced. wrong parts do not just fall on peoples cars.

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i dont think any of that is relevant.
the issue is not whether you modified it, etc.
its whether it was on the car when u dropped it off. proving this will go along way to help.

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Originally Posted by Epic_Dragon

and yes i am aware they might go oh anything can happen in two months, but who on earth would go and refit a stock part known to cause issues when they went through all the trouble to stop that problem? and who knows how many people there are out there who have had them remove bits and would never know because they do not work on their own cars? id not looked at my manifold after work was done there, as i never in a million years expected mine to not be there. i checked the welsh plug was not leaking but did not look a little further down to suss out my manifold, who would expect this to happen? worst decision ever to take my car to a professional. i am sorry to al the good mechanics out there, its no wonder you all get such a bad rap when people cannot even trust big professional places.

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plenty of mechanics think that stock is best and anything modified is a step backwards. sometimes that is true, but given this places knowledge on landrovers they should have known better.

its going to be easy for them to claim: they had a look, saw what looked like a backyard hack job and thought that it was an emissions issue, illegal and needed to be taken off.
we all know its bs, but will a court?

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Originally Posted by Epic_Dragon

bigger lawyer, more money or what, does not give them the right to steal peoples stuff.

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im not saying its right, its just the way the world is.
if this goes to small claims court and you lose, guess whos fitting the lawyers bill.
as the movie quote goes, its not what you know, its what you can prove.


im not trying to discourage you but these things need to be though about before you stick it to them.

I'd suggest starting with a simple phone call or visit, keeping calm..

No mention or accusation of stealing...

More a "can you explain why xyz has happened please"

Then move on from there..

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Originally Posted by Tombie

I'd suggest starting with a simple phone call or visit, keeping calm..

No mention or accusation of stealing...

More a "can you explain why xyz has happened please"

Then move on from there..

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Exactly, no point going all Boston Legal on them when just by inquiring and then advising legal action if the answer isnt satisfactory.
And dont call, go there and confront them - with a witness.

My 2c..

Before you do anything else, approach them, in person, calmly and reasonably explain that you have a vehicle that was fitted with this part when it was delivered to them, it has been in your care and control ever since and you have now realised the part has been changed, and they are the people who last had it away from your control.

It may be worth recording conversation etc, whether covertly or openly is your decision but this may prevent them from being able to allege you threatened anyone etc later on.

Request the names of the people who worked on your vehicle (you most likely wont get them but ask anyway... if they are given, write them down immediately in front of the person to whom you are speaking, note their name also...

Ask them to reinstate the part and explain why it is important, explain that the part they have fitted is already defective and then, politely, explain that you are willing to take the following steps, in order, if they are not willing to reinstate the wrong thats been done....

(I stress, in a calm clear manner, businesslike- matter of fact manner, tell them)

that after you contact their head office and explain that parts have been removed and defective inferior parts fitted without permission or explaination. Explain your disappointment that as a member of a number of forums each of 1000's of members you had entrusted your vehicle to this company and now feel that if nothing is done you may need to warn others across the area and country. (do not state specifically you will name them thats against the forum rules, --its important to be honest here)

Tell them you intend to take one or all of the following steps...

1) report the matter to business and consumer affairs (as it is dodgy the work and the part being taken)

2) report the matter to Police as a theft you have discovered from your vehicle

3) report the matter to the assosciation that their business will be a part of, (motor trade asoc or whatever it is-find out first--usually something is on their ads (yellow pages/web etc) indicating who this association etc may be)

4) will be contacting and making all the information you have available to the TV shows (A current affair, etc)

5) will be writing letter to all the 4wd clubs in the area/state and all magazines that may have 4wders as members, so 4wd mags, camping mags, outdoors mags, business mags, car sales mags etc etc.....advising them of the facts of what has occurred and the refusal to right the wrong by the company.

6) will be sending copies of this letter to all car clubs (4wd or not) in the state.

7) willing to mark your vehicle with a full explaination of the fact that you used this business and they have stolen parts from your vehicle and park it outside their prems and in the local area regularly.

Explain to them that if your vehicle is reinstated in correct manner in a reasonable timeframe you will not do any of the above as you will consider that matter is closed.

If they are a big business they do not want bad publicity,
they do not want to fight to keep a good reputation when fixing your problem is an easier solution.

Remember, It is possible they have stuffed up not realising what has happened, maybe damaging the manifold as it was removed or something so getting a replacement thinking that they'd replaced it one for one, no harm, no foul...
no need to say anything....
not realising the huge difference between a stock and your modified part was due to their not dealing with L/R regularly..

I stress again though to keep calm no matter what, do not say or do anything that they will be able to say was threatening or menacing behaviour. Just dont threaten to do anything above unless you do intend to follow it through... bluff is a losing mans game and a game for companies! big companys are much better at it than individuals are.

Stay calm, work through this a step at a time and only proceed to the next step if you are willing to follow it through. It will come down to if you are annoyed at what they have done enough to spend this time and make this effort to see it through.

They may come straight out and admit that what has been done is wrong and get the repairs done without any argument etc... this may then lead to them doing something about the situation behind the scenes, be that cautioning or even sacking those involved--but they will most likely not make that known...

start calmly and politely-- follow the steps you have planned.

Good luck.

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Originally Posted by Epic_Dragon

i have photos of it being on my car, reciepts of proof of it being modified, even a thread in here somewhere of the process.

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http://www.aulro.com/afvb/discovery-...lts-fixed.html

Thanks for the PM reply Epic.

Good luck, and some good advice from Digger.

Your mobile phone probably has a voice recorder you can start before going into their shop.

What is the SA law on recording a conversation to which one is a party?

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Originally Posted by Eevo

<snip> ...plenty of mechanics think that stock is best and anything modified is a step backwards. sometimes that is true, but given this places knowledge on landrovers they should have known better.

...<snip>

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Very true, I had my RRc TF727 in for an auto service, the mechanic opened the valve body and saw all these non-standard multicoloured springs, which he decided needed to be restored to standard so he did, removing the quick change kit and the ability to lock low gear. He thought he was doing the right thing by me.

Yes he should have asked before he did anything, but his intentions were honourable if wrong and misplaced.

As others have said, ask the reason for the change calmly. He may have found a believed failure on your original part and swapped it over to a second hand part out of good intentions.

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Originally Posted by p38arover

What is the SA law on recording a conversation to which one is a party?

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ive been told, that as long as you are privy to the conversation, its legal. thats what several work places that record customer conversation have told me.

Well i have my manifold back. They have their warped rusty one back. And i have my good modified one. That company is dead to me now. Will never ever have anything to do with them ever again. Thanks everyone :)