You're right Frank, you don't need one, you can do it yourself. Thing is, a solicitor knows all the tricks of the trade to make sure you get recompense and is someone on your side. It also sends a message to the other side that you mean business.
Don't like the adverts? Click here to remove them
1hd-ft engine rebuild
- Thread starter dellboykev
- Start date
- Joined
- May 13, 2014
- Messages
- 724
- Country Flag
You could do it yourself in a small claims court, but, be prepared as the judge may insist on independent expert evidence that on the balance of probabilities, the product could have caused the damage and you will have to pay for this and return to court. In turn, this will require all the claims be proven with solid evidence, e.g. Condition before, events, condition after, photos, receipts, the lot. To be honest, a solicitor will need the same thing, but you will be paying for their time.
- Joined
- May 20, 2010
- Messages
- 5,809
Personally. I think you would be wasting your time trying to get anything. You could end up with wated time and hassle for nothing back off them. If you took it to court and had to get seperate reports etc that will be more time and money you loose.
Im sure any products will state instructions that will cover there own arse in the courts. We all know that using any products like easy start etc can do serious damage to an engine. In all the time playing with the cruisers I've only used easy start once.
I think if your going to do anything . Maybe send one letter from a solicitor and let be it. If it was me though I'd just draw a line under it,get your truck done.Then enjoy and build your confidence back up with the truck.
JMO
Im sure any products will state instructions that will cover there own arse in the courts. We all know that using any products like easy start etc can do serious damage to an engine. In all the time playing with the cruisers I've only used easy start once.
I think if your going to do anything . Maybe send one letter from a solicitor and let be it. If it was me though I'd just draw a line under it,get your truck done.Then enjoy and build your confidence back up with the truck.
JMO
Karl speaks a lot of sense and much of the advice a solicitor would give has been aired on here. The main thing would be getting a professional opinion and giving reasonable evidence that the engine was fine before putting the stuff in there. The other thing is that you would not be able to claim for your time. If you'd had a garage do it then you could claim for their bill. You may well invest as much cost in time as the parts would be worth (if you know what I mean), possibly more.
With everything in place, there is no reason why a judge would not find in your favour. Leave out one of the pieces, proof it was ok before, professional opinion, coatings, that sort of thing and it may all fall apart. Then that's only a decision, Wynns could decide to appeal or just not pay it.
Bottom line is its time and hassle.
With everything in place, there is no reason why a judge would not find in your favour. Leave out one of the pieces, proof it was ok before, professional opinion, coatings, that sort of thing and it may all fall apart. Then that's only a decision, Wynns could decide to appeal or just not pay it.
Bottom line is its time and hassle.
- Joined
- May 20, 2010
- Messages
- 5,809
Kevs problem would be though rich is how does/can he prove it was ok before adding the stuff. He could have bought the truck like that. There could have actually been an issue before the stuff was put in and the egr cleaner actually just finished the rings/ Pistons off.
I had ham belt years ago that snapped 100 miles after it was fitted and ruined my engine. Only a mark 4 diesel escort. I had no chance of getting a penny.
If kev does try it I hope he does get somewhere.
I had ham belt years ago that snapped 100 miles after it was fitted and ruined my engine. Only a mark 4 diesel escort. I had no chance of getting a penny.
If kev does try it I hope he does get somewhere.
- Joined
- Mar 1, 2010
- Messages
- 5,524
My opinion was just based on the assumption that wyns would probably not bother turning up.
Don't like the adverts? Click here to remove them
dellboykev
Member
- Joined
- Aug 23, 2015
- Messages
- 147
- Country Flag
I might just email them with pictures of the Pistons last time I contacted them I hadn't stripped the engine I'm just after some freebies really. I have a video of the engine getting started from cold and running from when I bought it unfortunately I don't have a video of it misfiring when cold before I took it apart but I might just threaten them with the small claims court. The instructions arnt on the can you have to go on to there website to see them because it is for professional use (btw I am a qualified mechanic) but I bet is says somewhere 'use at own risk'
Last edited:
- Joined
- Feb 2, 2013
- Messages
- 16,315
Tread carefully Dell they have what 100 million a year in profits to protect , a million quid to crush bad publicity is pittance to them .
Personally i think a sob story blaming a mechanic for destroying your engine using their excellent product has more chance of getting a sympathetic token gesture than if you threatened to sell your house to fund a high court battle .
I am not supporting wynn's by the way its just i fought a 10 year legal battle against impossible odds and .... well .... its not nice .
Personally i think a sob story blaming a mechanic for destroying your engine using their excellent product has more chance of getting a sympathetic token gesture than if you threatened to sell your house to fund a high court battle .
I am not supporting wynn's by the way its just i fought a 10 year legal battle against impossible odds and .... well .... its not nice .
- Joined
- Mar 1, 2010
- Messages
- 5,524
Yes it is not a quick fix to go to the small claims court if the other side decides to fight
My brother runs a small garage and has a small claims court action against him for breach of contract. He asked his insurers for advice and whether he has done wrong or not and they have told him they will fight the case for him. This has gone on now for a year or more and it's quite a small straight forward claim.
Any warnings should be in writing at the point of purchase in my opinion. You should not go having to look after the engine is damaged.
Post pictures of the new pistons Del'
.
My brother runs a small garage and has a small claims court action against him for breach of contract. He asked his insurers for advice and whether he has done wrong or not and they have told him they will fight the case for him. This has gone on now for a year or more and it's quite a small straight forward claim.
Any warnings should be in writing at the point of purchase in my opinion. You should not go having to look after the engine is damaged.
Post pictures of the new pistons Del'
.
dellboykev
Member
- Joined
- Aug 23, 2015
- Messages
- 147
- Country Flag
I will do when I get them I'll put a few pictures of it going back together as well everybody loves a little bit of engine porn
Exactly, this is where the problem lies, not at all straight forward. How do you prove it was their product and not driving through recent floods for example that did it?
Shayne, I had 3 1/2 years of legal nightmare and got nothing but to stop the ba@&£?ds from doing what they were doing. However I have 'won' two small claims court cases, one a customer, the other an eBay seller. Both cost me time and didn't really put me back to where I was before it happened. Glad I did all 3 though and had to do the first contractually. Not nice though but got good legal team on my side who were sympathetic.
Last edited:
I would agree with some caution, and a reasonable risk assessment of what may be an unsuccessful outcome.
I'm not familiar with the small claims court, would they likely award costs against the claimant, in the event of it going tits-up?
That could be nasty. JMO
I'm not familiar with the small claims court, would they likely award costs against the claimant, in the event of it going tits-up?
That could be nasty. JMO
dellboykev
Member
- Joined
- Aug 23, 2015
- Messages
- 147
- Country Flag
some pictures as promised, all built up and ready to go back in lets just hope it doesn't rain tomorrow
Last edited:
dellboykev
Member
- Joined
- Aug 23, 2015
- Messages
- 147
- Country Flag
got a lot done today and its getting there should have it running tomorrow 
How did you get the head on in the end kev?
dellboykev
Member
- Joined
- Aug 23, 2015
- Messages
- 147
- Country Flag
I borrowed an engine lift my in the end but I still had to man handle it on the bar on the engine lift wasn't long enough with the winch bumper so I'm just hoping I haven't damaged the head gasket putting it on so fingers crossed
Towpack
Well-Known Member
Hope the rebuild turns out OK. Seems to be going well so far
. As far as the claim for damages goes I don't think you stand much chance personally unless you have very deep pockets, and even then? As has been said, irrefutable proof of the cause is required and very difficult if not virtually impossible to obtain. Just been reading the usage instructions and is does warn that an RPM increase and some knocking will occur. You yourself and others in the thread have said that you have used the product before on other vehicles with no ill effects and the manufacturer will probably have 100's if not 1000's more testimonies as to it's successful use. It's a tested/proven product from a multinational Co. and understandably they're going to protect their brand name with everything they've got as a successful claim would cost them far more than the cost of paying you out. Sorry to be so negative but JMO.
. As far as the claim for damages goes I don't think you stand much chance personally unless you have very deep pockets, and even then? As has been said, irrefutable proof of the cause is required and very difficult if not virtually impossible to obtain. Just been reading the usage instructions and is does warn that an RPM increase and some knocking will occur. You yourself and others in the thread have said that you have used the product before on other vehicles with no ill effects and the manufacturer will probably have 100's if not 1000's more testimonies as to it's successful use. It's a tested/proven product from a multinational Co. and understandably they're going to protect their brand name with everything they've got as a successful claim would cost them far more than the cost of paying you out. Sorry to be so negative but JMO.
- Joined
- Mar 1, 2010
- Messages
- 5,524
Really good progress. Don't forget the oil!!
Are those holes in the pistons for the oil cooling pipes to feed the gallery in the crown?
Are those holes in the pistons for the oil cooling pipes to feed the gallery in the crown?
Interesting observation there Frank, it certainly looks like when the piston is at the bottom of its stroke it engages with the upward facing spray nozzle via the cutout in the skirt (which of course means there is a right and a wrong way for the pistons to go in). Interesting if the oil runs round a gallery inside the crown of the piston and exits through the hole the other side to aid cooling.
Which begs the question in my mind, are these pistons the same on the original, on the 12 valve too, or are these pistons that are now in up rated ones similar to those used for marine use?
Oh, and don't forget the oil!!! [emoji33]
Which begs the question in my mind, are these pistons the same on the original, on the 12 valve too, or are these pistons that are now in up rated ones similar to those used for marine use?
Oh, and don't forget the oil!!! [emoji33]
Last edited:
dellboykev
Member
- Joined
- Aug 23, 2015
- Messages
- 147
- Country Flag
It looks that way frank one of the holes is directly above the oil nozzle when the piston in at bdc. The new Pistons seem pretty good quality too the only difference is they use proper circlips instead of snap rings holding the pin in and it looks like the lands for the top ring are made of steel
Similar threads
