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SIMI Arbitration vs. Chartered Institute of Arbitratiors

  • 11-01-2010 5:44pm
    #1
    Closed Accounts Posts: 4


    Hi all,

    I bought a car last year & now have a dispute with the garage. I have two options; I can go with SIMI Arbitration, or through the Irish Chartered Institute of Arbitratiors.

    Searched about & I am aware this could take a while, has anyone here had any experience of either or both?

    Thanks.


Comments

  • Closed Accounts Posts: 34,809 ✭✭✭✭smash


    Get a solicitor, avoid SIMI!


  • Closed Accounts Posts: 92 ✭✭jayotala


    CIAI & SIMI Arbitration Scheme

    Arbitration is a private dispute resolution procedure and is a legally binding means of resolving disputes. An Arbitration Agreement is an agreement to refer a dispute to arbitration, usually in the form of an Arbitration clause as included in the Contract entered into by the Parties. The Chartered Institute of Arbitrators (Irish Branch) arrange the appointment of Arbitrators on behalf of the SIMI. A claimant can apply in writing directly to the Chartered Institute of Arbitrators Irish Branch, Merchants House, 27-30 Merchant’s Quay, Dublin 8, for a “Request for Appointment of Arbitrator” form, SIMI S1. For further information on the scheme you may call the institute on Tel: 01 7079739.

    http://www.simi.ie/consumer_information/CIAI_SIMI_arbitration_scheme.aspx

    I think they are both connected.


  • Registered Users, Registered Users 2 Posts: 2,157 ✭✭✭Johnny Utah


    ^They're not connected. The arbitrator is an independant adjudicator and will act in an unbiased manner.

    In essence, arbitration is an alternative method of dispute resolution (which in theory should be cheaper than going to court). You may/may not need a solicitor depending on the circumstances.

    OP, how much is the car worth and what is wrong with it?


  • Moderators, Politics Moderators Posts: 40,653 Mod ✭✭✭✭Seth Brundle


    There was a thread here recently where some posters explained the difficulty in the SIMI process and IIRC they regret taking that course of action (which (as I would have presumed) left the dealer in the clear).


  • Closed Accounts Posts: 8,399 ✭✭✭Bonito


    kbannon wrote: »
    There was a thread here recently where some posters explained the difficulty in the SIMI process and IIRC they regret taking that course of action (which (as I would have presumed) left the dealer in the clear).
    I'll second this!!! The SIMI look after the people who pay them (garages etc)

    They don't give a toss about the average joe soap! Most corrupt and joke of a "company" I've ever dealt with in my entire life!


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  • Closed Accounts Posts: 4 G.P.


    Thanks for the replies lads. dont know what to do tbh.

    Johnny Utah-I found out since I got the car (value +35K) that it had been stolen and was missing for +1 month. If I had known, I would not have bought it-needless tosay, the garage forgot to mention this history..

    went to a solicitor-he did one previously & went the independent arbitrator route-took 6 months. from the above I think this way would still be better than SIMI?


  • Closed Accounts Posts: 8,399 ✭✭✭Bonito


    G.P. wrote: »
    Thanks for the replies lads. dont know what to do tbh.

    Johnny Utah-I found out since I got the car (value +35K) that it had been stolen and was missing for +1 month. If I had known, I would not have bought it-needless tosay, the garage forgot to mention this history..

    went to a solicitor-he did one previously & went the independent arbitrator route-took 6 months. from the above I think this way would still be better than SIMI?
    Took SIMI 4 months for me. Avoid them at all costs they're a joke of an establishment! I haven't heard ANY good remarks about them. They look after their own and that's final. You don't even get to attend the Trial that SIMI hold.

    Read through this thread. http://www.boards.ie/vbulletin/showthread.php?t=2055745968


  • Closed Accounts Posts: 4 G.P.


    Cheers Bonito, in hindsight would you have gone the Chartered Institute of Arbitratiors? or is it the same crowd?

    Edit after reading link:


    jesus, you hadsome fun..


  • Closed Accounts Posts: 8,399 ✭✭✭Bonito


    If I knew it had exhisted I would have. You can only do one or the other though. I know a fella who went with SIMI with a complaint and they took too long so he went through the courts and they threw it out because SIMI were already handling it. Whatever judgement they make is legally binding within the by-laws they have set up. Go with a reputable solicitor. SIMI is supposed to give us customers piece of mind and reassurance of quality etc etc etc. HA it's a joke TBH with you.


  • Closed Accounts Posts: 4 G.P.


    Thank you for the advice Bonito, SIMI know who're paying their salary no doubt. might have some chance with the independent arbitrators-if not off to the district. I'm told I have a good case, so I'll chance it.
    under consumer law they are obliged to reveal all details of the cars history, they did'nt..


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  • Closed Accounts Posts: 8,399 ✭✭✭Bonito


    JHMEG wrote: »
    A solicitor can speak on your behalf. They don't have any super powers, and you really should think twice before involving one.
    Do you mean speak on your behalf at the independant SIMI trial?

    SIMI didn't even inform of me when and where it was held. All I got was a letter afterwards. So if they don't tell you when and where it gets held how can you have a solicitor attend and speak on your behalf?


  • Closed Accounts Posts: 7,686 ✭✭✭JHMEG


    Bonito wrote: »
    Do you mean speak on your behalf at the independant SIMI trial?

    SIMI didn't even inform of me when and where it was held. All I got was a letter afterwards. So if they don't tell you when and where it gets held how can you have a solicitor attend and speak on your behalf?

    No, I meant people are very quick to say get a solicitor. Solicitors don't have super powers and while they can write letters that sound intimidating, said letters quite often have no basis in law (or reality), and if you really want action take the short route to court and never mind paying for potentially pointless solicitors letters.

    As regards SIMI arbitrating, forget them. From my own experiences I would write one letter myself that says court is the next stop, pointing out the evidence and how I expect to breeze it.


  • Closed Accounts Posts: 8,399 ✭✭✭Bonito


    JHMEG wrote: »
    No, I meant people are very quick to say get a solicitor. Solicitors don't have super powers and while they can write letters that sound intimidating, said letters quite often have no basis in law (or reality), and if you really want action take the short route to court and never mind paying for potentially pointless solicitors letters.

    As regards SIMI arbitrating, forget them. From my own experiences I would write one letter myself that says court is the next stop, pointing out the evidence and how I expect to breeze it.
    I'll never go near the SIMI again if I ever have an issue with a garage affiliated with them in the future. Funny enough the garage i reported had it's SIMI membership struck out the year before because of "malpractice" but they recovered it in 2009. The girl over the phone let this slip while reading info on her compiter screen.


  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    OP - Did you ask if it was stolen, damaged etc.?

    They need to be honest if asked, but I don't believe they need to volunteer it.


  • Closed Accounts Posts: 8,399 ✭✭✭Bonito


    What's actually wrong with the vehicle Op?


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