"tanks" The Iveco TANK engine damage

[Keith Morris]

Update on “tanks” claim for damages to the Iveco engine and the legal system which has been previously posted on the forum:
Our Forum members will recall the problems I have experienced with the injectors, and the damage caused to two engines of the “Leisure Seeker” which has been ongoing since 28th July 2015.
The motorhome was returned to me on 27th January 2016, having a new engine, new injectors, new turbo, new diesel pump, and new water pump to replace the original motor which had only done 141,000 km.
I lodged a claim for damages on 17th May 2016 against United Fuel Injection for the cost of the first engine damage. Skippers insurance covered the cost of the new engine and associated parts as a result of the second engine damage.
United Fuel did not respond within the 14 day period allowed, and I filed for Default Judgment on 3rd June 2016 .
The Magistrates Court dismissed the application on 3rd August 2016 because the Bailiff used the wrong form as the Certificate of Service, so back to square one and make fresh application. The problem here is that I lost my place in the queue to have the matter before the Court.
A second Certificate of Service was presented to the Court on 12th August 2016 with a fresh application.
On 16th September 2016 United Fuel solicitor filed notice to defend with the Court. This means that I can apply for a pre-trial conference without having to apply for Default Judgment. United Fuel solicitor has not disclosed details of their defence at this stage, other than they intend to defend the claim.
Here we are ---14th October 2016 and I have [today] received a date for pre-trial conference which is to be Monday 9th JANUARY 2017. The purpose of this conference is to determine the likelihood of settlement. In the event that United Fuel do not make an acceptable offer to settle this matter, the case will be listed for a Magistrates Court Hearing at some future date.
Keith.

[Dot]

At least you now have a date!!

[jon_d]

can you get costs from the Baliff for issuing the wrong certificate?

[Shirley]

Wow, what a long process it has been Tanks, hope you achieve a reasonable settlement for the damage that was caused to your engine.

[Keith Morris]

can you get costs from the Bailiff for issuing the wrong certificate?

"tanks" here-- Working on this but one thing at a time. They did issue the second certificate without charge but I am being charged for the solicitors additional costs ($430 per hour) so I will have a go at recovery and have informed them to this effect
Keith.

[T1 Terry]

My claim against NRMA 3rd party green slip insurance is into the 13th yr, we have a court date in mid Feb, it will be roughly 13 1/2yrs by then, there is a saying about the slow wheels of justice, there is no justice in these sort of long drawn out court affairs so it's more like the wheels of the legal system are gold plated and the slower they turn the thicker the gold plating

[Dot]

Any news Tanks?

[dapope]

Say jan 2017 in first post Dot...

[Lance]

Not at all unusual for oil companies and other large corporations to drag cases out over a long period.
They will try to wear you down, run your bank account to ziltch, or simply wait for you to cark it.
Happened to 3 members of my family over a period of 20+years, all due to oil companies.
All 3 had good strong cases but they could not get a day in court. Two died, including my Dad and the other simply gave up.

Would I be correct in saying you have had a number of legal ppl to deal with at their end ?
That's another of their stalling tactics.
They have unlimited $ resources and will change staff whenever it suits them, just to make your position more difficult so you and they have to review every little thing.

Do I like Oil Companies ?
Not a lot.

[bagmaker]

best to add a monthly interest cost to your claim, Tanks, @ the posted mastercard rate. Usually a little over 20%