What can one do???

gordfishing · #1 01-19-2016, 03:33 PM

Last fall I took a tractor in for service because I use it for snow removal, just FIVE hours are service one of the two oil plugs fall out and it drops the motor, and the dealership will not stand behind their work. They claim that who ever was driving back over a curb hit the other plug so hard that it caused the second plug to fall out.
There is no other marks, dents and or scratches on the under belly what so ever , the other plug looks like someone took a grinder to it, I would think that it should be rough on the edges not smooth.
Everyone that I have talked to calls BS but I'm out the $9000.00
thoughts

CanuckShooter · #2 01-19-2016, 03:41 PM

Take it to small claims court....let the judge decide....

Twisted Canuck · #3 01-19-2016, 03:43 PM

Also have another experienced mechanic look at it and give you his written expert opinion on the situation. Or several, from a dealership if possible.

otto389 · #4 01-19-2016, 05:38 PM

Sounds like the engine work I had done on my truck. About 120 km later..knockety,knockety, knockety.... They admitted that they didn't change the oil after the job like I had instructed them to. But they did the job the wrong way in the first place and then the grit ate up the main bearings .then it was lie after lie. In the end he said that he was not going to do anything about it because he did nothing wrong. Still haven't fixed it because it was about $6800 to rebuild it or about $7500 for a crate engine before the dollar tanked. Probably closer to $9000 now as the engines are in the US. Small claims will probably cost more than you will get, and even if you will you still have to collect. And if he doesn't want to then what... Back to court? Pffftt. We small people really have no where to go and very little recourse. In my case I believe that he knew that.

Bigwoodsman · #5 01-19-2016, 07:34 PM

Id like to see them give you a new engine and say sorry for inconveniencing you. But doesn't sound like that will happen.

Have you checked your home insurance to see if you might have coverage? Wouldn't hurt.

Good luck

BW

JustBen · #6 01-19-2016, 07:37 PM

Go see a decent lawyer. Get them to write a demand letter. Should cost about $150 and in my experience will get results. If that doesn't work, then you can proceed to small claims.

Dewey Cox · #7 01-19-2016, 07:50 PM

When you say "just five hours are service" (I assume you mean after)
Was that five hours clocked on the engine, or five consecutive hours in the same day as it was at the shop?

waterninja · #8 01-19-2016, 07:52 PM

Quote:

Originally Posted by CanuckShooter

Take it to small claims court....let the judge decide....

X2 Tell it to the judge.

Cheyenne 1 · #9 01-19-2016, 08:29 PM

Quote:

Originally Posted by gordfishing

Last fall I took a tractor in for service because I use it for snow removal, just FIVE hours are service one of the two oil plugs fall out and it drops the motor, and the dealership will not stand behind their work. They claim that who ever was driving back over a curb hit the other plug so hard that it caused the second plug to fall out.
There is no other marks, dents and or scratches on the under belly what so ever , the other plug looks like someone took a grinder to it, I would think that it should be rough on the edges not smooth.
Everyone that I have talked to calls BS but I'm out the $9000.00
thoughts

What kind of a dealership is it? Or is it just a repair shop or backyard shop?
Any repair shop will have liability insurance to cover a situation like this so the shop will not have to directly pay for it.
I assume you were talking to the service manager, have you tried talking to the general manager or the owner?
I am a service manager of a large dealership and know that thngs happen. And when they do it has to be taken care of and make it right for the customer.

RandyBoBandy · #10 01-19-2016, 08:38 PM

Perhaps drop Ken07AOVette(long time valued ROCK SOLID member here) a PM and see if he can help you out

gordfishing · #11 01-19-2016, 09:18 PM

I talked to the general manager and I asked her if she had looked at the bolt and she hadn't even taken the time to look at it, just took the word of the service manager and the mechanic that had worked on the unit. I had pretty much accepted the fact I was going to have to pay for the repairs so I asked if I could meet with the owner and just show him my side of the story but he decline to even meet.
It is a national / international dealership not a back yard type operation. I actually took the unit to my auto mechanic, right or wrong , after they refused to take ownership I said it might need a new motor now but you are not going to put it in.

Sooner · #12 01-20-2016, 09:27 AM

Seems odd an impact could knock out a second plug that wasn't even impacted, I assume there threaded plugs in the oil pan? How high was this so called curb? Tractors sit pretty tall off the ground. Impacts to hard surface like cement should be pretty noticeable.

If it was an impact to the oil pan, you may have an ins claim. Call and ask if it's covered. Pay the deductible and some depreciation and the cost to you is a lot less than 9G.

Cheyenne 1 · #13 01-20-2016, 10:54 AM

Quote:

Originally Posted by gordfishing

I talked to the general manager and I asked her if she had looked at the bolt and she hadn't even taken the time to look at it, just took the word of the service manager and the mechanic that had worked on the unit. I had pretty much accepted the fact I was going to have to pay for the repairs so I asked if I could meet with the owner and just show him my side of the story but he decline to even meet.
It is a national / international dealership not a back yard type operation. I actually took the unit to my auto mechanic, right or wrong , after they refused to take ownership I said it might need a new motor now but you are not going to put it in.

It is a bad situation. If they say it's impact and will stand behind that.
Call your insurance company and start a claim.
They will pay for the new engine if it was from impact damage.
The only thing you will have to pay is for the deductible, gst and possible betterment on the new engine.

Willy86 · #14 01-20-2016, 11:40 AM

As soon as you go the insurance route the dealership is off the hook. Which means the next time this happens, and it could be you again or a friend or neighbour or... they will pull the same thing.

Unless there has been another inspection done that concurs with their assessment, you also run the risk of the insurance company sending an adjuster to verify. If they disagree your case becomes harder in small claims.

Small claims court will take time but its not hard to go through the steps yourself. The only thing you cant sue for is the actual court costs(filing, serving, etc). And we all know you'll still end up paying the insurance company over time.

Ive been there with fleet trucks and equipment. Start making noises about court and 9 times of 10 they come to the bargaining table.

TROLLER · #15 01-20-2016, 11:41 AM

That is assuming the tractor was insured. Got me thinking for sure as mine is not insured cause it never leaves my place.

Sooner · #16 01-20-2016, 11:48 AM

Quote:

Originally Posted by TROLLER

That is assuming the tractor was insured. Got me thinking for sure as mine is not insured cause it never leaves my place.

I do a lot of farm Eq claims a year from a little opps to a major claim at a farm or acreage. Fire being the main killer of tractors. Even 20 + yr old yard tractors that push snow are still worth 10 plus. I would have the basic ins on a tractor if i owned one.

bat119 · #17 01-20-2016, 12:40 PM

They are counting on you being mad and just going away.
Document everything including dates and phone calls
contact their head office directly
don't give up phone everybody connected to the service shop
A certain large company gave me an oil change once, they did everything except put oil in. The motor actually seized while they were trying to figure out why my oil light wouldn't go out. It took many letters and phone calls over 3 months eventually they bought my car at my price.
I drove their rental car for the entire time.

ivegonefishing · #18 01-20-2016, 03:13 PM

As another post said, get some substantiation as to the cause of this problem in writing from other dealers.

Then another post mentioned getting a lawyer and then present your case to them.I believe these are the best options to start things off so that they understand that you are serious and not going to back down. No sense in you losing any remaining value in the tractor month by month; because of someone else's negligence.

Ivo · #19 01-20-2016, 04:39 PM

I had the same experience at Bobcat Calgary. My machine was under warranty, they claimed it took on water and told me "the oil analysis will tell us everything". When the oil came back clean, they still claimed negligence and voided my warranty on a machine with 250 hours. I kept fighting, kicking and screaming to each person going up the ladder at Bobcat and finally got someone who would approve the warranty claim. It would have cost me $12,000 out of pocket.
Keep fighting and make them pay for their mistakes.