cookie posted:

Yeah there is a whole lot more detail to the story but I would need 3 pages.

The diagnosis was a debacle in itself. I had made my own assesment and then took it to the mitsubishi dealer who advised the oil was leaking from the lower sump pan and which I took at their word and booked it in to be repaired. In the mean time I had another look at it and was sure the oil was coming from higher on the motor and advised them when I took the vehicle in and they then washed down the motor and advised the oil was leaking from the head gasket and sump pan. Sounded a bit suss to me to I took the vehicle back and took it to another repairer who also advised oil was leaking from the head gasket, no mention of the sump pan.

I kept driving the vehicle for another month or so weighing up my options before I decided to go ahead with having the head gaskets replaced. I have the complete service records since new and there is mention of a minor oil weap from the left head gasket at rear since 50000k's so it seemed to be that this had just got worse over time(now 150000). Only one was leaking but I was advised if doing one it would only be a further small cost to do both which seemed sensible to me.

It only took them one week to do the initial repair at which point they advised me the engine had a funny ticking noise that wasn't there before the repair. They siad they would fix it before returning the vehicle to me. They thought it might be lifters so pulled the top of the motor off again to no avail. They consulted the local engine builder who did the final repair and he advised they should re-check the timing which they did with no change and then they decided to the remove the heads again to check for valve damage. Still didn't find anything and had to wait another week for a gasket kit from eastern states. Put it back together with same noise and they had some hunch it was the camshaft pulleys. Who knows why, they siad they had a vehicle with a similiar noise which they fixed by replacing the pulleys. Had to wait 2 weeks for one of these to come from Japan. Once it arrived they decided it was too hard and gave the car to the local engine builder, who has now repaired the engine with the diagnosis given in initial post. The engine builder didn't even use the new cam pulley's as there was nothing wrong with the old ones.

My guess is in there first attempt mitsubishi set the timing incorrectly and bent valves and that's been the problem all along. The engine builder said something about because of the 7mm valve stems it wasn't immediatly obvious they were bent.

cookie posted:

Yeah I would be relatively happy if the Mitsubishi dealer is willing to forgoe their fee for the inconvenience caused, which they still may. I just wondered if they don't do I have any grounds to refuse payment or is it a matter of a legal challenge or threatening to bad mouth them to all and sundry.

Member - Andrew (QLD) posted:

I would guess that you would at the very least need to have tangible costs ie receipts, etc not just estimates of potential losses.

I would also be looking at what they think of the cost arrangements first, not threatening action yet, not implying anything of a negative nature, until at least they have had a chance to deal with the situation. By all means, state facts throughout any conversation, and don't allow them to push the decision back onto you until you are happy with the outcome....

Good Luck. Sometimes you may be pleasantly surprised with the outcome.

Andrew

cookie posted:

Bad mouthing may be the wrong description but if I don't say anything that is not factual how can I be sued? The facts are they have had my vehicle for 10 weeks for what was meant to be a one week repair. That can't be disputed. Anyway you look at that's bad service and I can't see any problem broadcasting that. I can cop the waiting for parts etc but when their incompetance seems to be the cause am I not entitled to some compensation for being without a vehicle for 10 weeks, at least the nine weeks extra.

In any case I'm going to wait and see what they say which why I haven't mentioned their name but I'm just curious what my rights are to be compensated for loss of vehicle. I'm not trying to make money out of the situation. I understand what you are saying about tangilble losses which have been little because I've been able to get lifts to work etc but what is the cost of this inconvenience and not being able to go 4wdriving on the weekend etc.

cookie posted:

Well I think I have been taken for a ride really, only in that they weren't capable of fixing the problem and couldn't work out a fairly basic problem that they caused in 8 weeks, ordering parts that there was nothing wrong with, and in the end gave it to an engine builder who fixed their mistakes in around a week. Like I said if they were doing the job properly and had to wait for parts etc then I would be annoyed but would accept it.

You've answered my question though, basically legally I could only claim tangible losses. So there is no legal compensation for the inconvenience?

I past the point of frustation at about week 4. The reality is we have a 2nd car and I have had access to a work 4wd on the weekends and I just wanted to know my rights were. So my only bargaining power "if" they don't offer some compensation is to threaten passing on my experience to anyone who cares to listen.

_gmd_pps posted:

Threatening is the wrong word again ...
You can refuse the payment and can offer a settlement .. lets say 30%
of their invoice and then you bargain to max 60% .. if they are not happy
let them take the first legal step ... there is no compensation for inconvenience
or stupidity on their end .. unfortunatly not ....
you need to stay in control and get away from emotional or frustrated language no matter how angry and agitated you are ...
good luck
gmd

_gmd_pps posted:

I think you both did the right thing
good luck with the engine
gmd