Porsche Enthusiasts Club Forum

How about this, a while ago i fitted a nice short shift kit, i put the photos of the fitting of it on picasa web albums, i keep a pictorial record of everything i do to my cars, some pictures go on here.
after that my gearbox broke and i had a cheap replacement fitted by a classic 944 specialist, can you see where this is going.
my replacement gearbox broke and i have decided to fit a new one myself, and do the rear discs and dampers at the same time.
just removed the center console and gaiter to find a worn std gear lever, all my nice parts gone.
No one has touched the car except that specialist, i have double checked the time line and no mistake!
he says that cant happen and as it was a year ago he has no liability.
I know what i have to do, just any thoughts please!

Thats crap!

You could always goto the Police and ask them to investigate, but the issue might be the time elapsed since visiting the specialist.
Citizins advice bureau might be a good place to start.

Hi

I think I would ask the specialist to return or replace the parts ...if NOT then tell him you WILL go to the police..... might make them pay attention....

All the best Brett

If youre absolutely certain, then name them.

Just to double check.

You fitted a short shift kit on your 944 (I take it that was the gear leaver, and the rod at the back (Only944 kit?)
Gearbox broke
Car goes to specialists for replacement 'box
Box breaks again
You change the 'box and other bits while in there.
Newly fitted parts replaced by old parts.

I was going to say have words but it seems this has been done. Did the car not shift differently after you picked it up from him? The worst thing is I have a suspicion of which specialist did the work on the car. If it is who I think it is he honestly should know better.

I've also been a victim of this, and I now get a little iffy when people ask me to recommend a local Triumph specialist. It's also helped me to stick to certain specialists who over the years have been great.

thats spot on, tho i guess the police wont be interested, but as i have all the history of the car and a photograpic one at that i believe i will win in court.
As for naming the company, i feel it only fair to give him a chance to sort it out first, if not happy or i win in court i will name the company.
It is possible that the owner was unaware that the part was taken ( members of his staff use 944's ) but at the end of the day he is ultimately responsible for my car on his premises.

Sorry to say this Stuart, but you have to be prepared to prove your case if you're thinking of going to court. At the moment, it's your word against theirs. Having evidence that you purchased and had something fitted to your car is not the same as providing evidence that someone has stolen it.

I genuinely hope that if you challenge them, they admit a mistake and do the right thing, but I suspect that anyone with the brass neck to do what they've done will be just as happy to lie to your face.

I am afraid I have to agree with Briggy.

How can you disprove a counter-claim from the garage along the lines of "We have no recollection of whether the parts described were on there when we had the car. Stuart must have taken them off at some point himself, either before we had the car or afterwards, and is now falsely accusing us"? I can't see how you can. It would appear to be your word against theirs, which is a no-win situation if you take it to court.

Much as it sucks (and it really does suck), I fear that Briggy is right. Someone who will steal parts like that will be happy to lie about it. Without independent proof it really is your word against theirs.

By all means take it to court - and I wish you all the very best - but I fear you're fighting a losing battle. The notion that the Police may be interested is a very nice one but, unless they are substantially different to the Met Police (my local force), they really won't give a toss.

The other very sad fact is that unless you get a court case against them, I suspect that naming them on here will breach the name-and-shame rules and any post doing this will be removed. However I'm sure that you would be willing to name names should someone eMail (or PM) you directly ....

I feel for you. That's a sad story.


Oli.

After checking the OP's profile I think the garage owner is either very brave or very stupid . The parts though are only a few quid at the end of the day and not worth going into battle for. Getting mugged off is annoying no doubt but I firmly believe what goes around comes around.

Hi

There is no naming and shaming rule here.... its something I have always admired about Tipec...

So if he wishes to name the company (maybe after telling them he will) then he can here....

All the best Brett

REALLY? Crumbs - that astonishes me; the legal ramifications of not having a naming-and-shaming rule are considerable (although a bit far-fetched, admittedly.)

In which case, who was it rapidstu?


Oli.

It pains me to say this when something like this happens, but Stuart you need to be very careful here. What you're suggesting is that someone has stolen something from you. If you name and shame them, you leave yourself open to a defamation claim (specifically libel) as you're accusing someone of theft, which is something that has not been proven.

We're all on your side here, but I think this is one of those things that you have to take on the chin.

Hi

People are always terrified of so called "libel or slander" court cases...

Which are mostly pointless to worry about for two reasons...

If the statement about someone is true or you believe it to be true, there is no libel or slander...

Secondly, it costs between £10,000 and £20,000 to take a libel or slander case to court.... so nobody but the big internationals with big reputations to protect ever does it...

All the best Brett

its not just a case getting the money for the parts, its the principle of it, the small claims court is online and quite cheap, as i believe i have enough evidence to convince a magistrate, they are sensible people and as the dealer can not deny doing the work ( people helped us get the car there ), he has to admit doing it for cash, no reciept, this will not paint him in a very good light.
Also if i loose i can talk about it openly and name him without risk of liable. for about the £100 cost of parts will he want to go to court, because i will.
We cannot turn a blind eye to this sort of thing as a lot of classic car owners rely on these companies.