SIMI Arbitration

ACDC86

Hi There

Has anyone been through this after a vehicle dispute broke out? I had never heard of it until now and i'd appreciate anyone who might have been in this just leaving some of their ideas here

Thanks!

smash

Get onto a solicitor, SIMI are useless!

Darragh29

steve06 wrote: »

Get onto a solicitor, SIMI are useless!

Your wasting your time with the SIMI OP. Put your grievance in writing in the first instance, check out the small claims court, get legal advice if necessary...

bazz26

Waste of time OP, better off talking to these people first:

http://www.consumerconnect.ie/eng/Contact_Us/

Slideshowbob

bazz26 wrote: »

Waste of time OP, better off talking to these people first:

http://www.consumerconnect.ie/eng/Contact_Us/

I went to them a few years back over a matter of principal rather than the cost involved. Basically a garage accused me of lying.

After months - no resolution or decision by SIMI so they just sent me a cheque for the costs as an offer of goodwill.

I felt they didn't live up to their purpose, as the garage involved was never called to task.

Remember - they are funded by the garages etc

ACDC86

Hey Steve06 thanks for the warning. If you've been through the arbitration scheme I'd appreciate anything else you might think about it... I think best thing is probably to get onto solicitor alright. Cheers

ACDC86

Thanks everyone for your responses, appreciate it.

maidhc

ACDC86 wrote: »

Hi There

Has anyone been through this after a vehicle dispute broke out? I had never heard of it until now and i'd appreciate anyone who might have been in this just leaving some of their ideas here

Thanks!

If you bought your car from an SIMI garage, you will have signed up for using arbitration in the case of a dispute. If you go to court the first thing the garage will do is argue the court cannot hear the case as a result.

I have used it more than once. It is a complete nightmare compared to going to court and costs the consumer a lot more up front in general (the usual is they have to pay 1/2 the arbitrators fees before anything is actually heard... and this can easily be in excess of 2k.)

Personally if you have something small (i.e. less than 2k) it is a better idea to go to the district court first, even if the court is not entitled to hear the case... there seems to be a better chance of settlement. The garage is almost guaranteed to sit on their hands for 12 months if you get an arbitrator.

(either way a solicitor will be needed!)

racso1975

If you bought your car from an SIMI garage, you will have signed up for using arbitration in the case of a dispute.

Hey how does that work...is it written down somewhere that the customer signs or is it some kind of automatic sign up rule because the consumer used a simi garage?

reverandkenjami

racso1975 wrote: »

Hey how does that work...is it written down somewhere that the customer signs or is it some kind of automatic sign up rule because the consumer used a simi garage?

I'm sure its in the t&c's on the SIMI order form

maidhc

reverandkenjami wrote: »

I'm sure its in the t&c's on the SIMI order form

It is.

<sarcasm> It is to protect the consumer. </sarcasm>

Mr.Diagnostic

Would that not be against ones statutory rights? If so, is it not the case that one cannot sigh away those same rights?

I cant see how signing a purchase order could take away ones rights to legal recourse.

maidhc

Mr.Diagnostic wrote: »

Would that not be against ones statutory rights? If so, is it not the case that one cannot sigh away those same rights?

I cant see how signing a purchase order could take away ones rights to legal recourse.

Nope, it isn't against ones statutory rights. You will see similar clauses in package holiday brochures.

Only argument that could be made (that I know of), is that it would fall foul of the Unfair terms in Consumer Contracts regulations.

Bonito

Currently awaiting a date on a " Independant tribunal" that SIMI are organising, been organising it the last 2 months!!! Useless shower of so and so's if you ask me!

Darsad

steve06 wrote: »

Get onto a solicitor, SIMI are useless!

Despite the fact that both sides still require legal representation and an independent arbitrator all of which come from the legal profession the basis for your statement is ?

Arbitration is there to avoid blocking up the courts and you can always go to court if your not
happy with the result but my advice is avoid either at all costs !

maidhc

Darsad wrote: »

Arbitration is there to avoid blocking up the courts and you can always go to court if your not
happy with the result but my advice is avoid either at all costs !

No, and no.


Arbitration is there because it dissuades people from claiming when they realise what is involved. It is also held in private, so there is no publicity.

While you can go to court, it is generally only on appeal, on a point of law to the high court.... Not an option unless the dispute involves a Bugatti.

The district court by comparison is cheap and can be cleared through the system in 2-6 months depending on how quick both parties are to engage.

Bonito

Standing by my first statement. Was informed that SIMI where awaiting a date for the 'Independant Tribunal' the thing I don't like is I wasn't allowed attend the hearing and SIMI never gave me a date! Got a letter in the door from SIMI saying that the garage I complained about apparantly done everything by the book and the tribunal found in favour of them!

Now in honest opinion, if you trust a mechanic, SIMI affiliated or not, and they make a hash of repairs on your car, would you trust them again to rectify the problem? Especially when you ask what sort of qualifications their mechanics have and they refuse to show you proof that they're a qualified and competent mechanic, I think i'm well within my rights to question someone's competency when they charge me 8 hours labour for a 4 hour job (4 hours being the maximum I was quoted from main dealers).

What happens when SIMI have finished with my complaint, can I take it further if I'm not happy with the result?

maidhc

Bonito wrote: »

What happens when SIMI have finished with my complaint, can I take it further if I'm not happy with the result?

The small claims court might deal with (or might not depending on how the small claims registrar feels about it). Otherwise you need to go to the district court, no big deal tbh.

Seth Brundle

Bonito wrote: »

Standing by my first statement. Was informed that SIMI where awaiting a date for the 'Independant Tribunal' the thing I don't like is I wasn't allowed attend the hearing and SIMI never gave me a date! Got a letter in the door from SIMI saying that the garage I complained about apparantly done everything by the book and the tribunal found in favour of them!

Now in honest opinion, if you trust a mechanic, SIMI affiliated or not, and they make a hash of repairs on your car, would you trust them again to rectify the problem? Especially when you ask what sort of qualifications their mechanics have and they refuse to show you proof that they're a qualified and competent mechanic, I think i'm well within my rights to question someone's competency when they charge me 8 hours labour for a 4 hour job (4 hours being the maximum I was quoted from main dealers).

What happens when SIMI have finished with my complaint, can I take it further if I'm not happy with the result?

Many thanks for the update. You have reaffirmed my belief in the SIMI!

Bonito

kbannon wrote: »

Many thanks for the update. You have reaffirmed my belief in the SIMI!

Here's the best one, in their letter they said I have 'til 8th of January to accept or decline the suggestion from the Tribunal Board,(the suggestion being I allow the said garage get their hands on my vehicle a second time) but they have not replied to my letters, emails or phone calls, lucky for me I sent by registered post so I can prove I have replied to them about the Tribunals suggestion