MGB Warranty: Mediation didn’t work, we’re going to COURT!

[@bluemule3891]

Lee, please listen, evidence, evidence, evidence. What you think about the garage charging etc. does not matter. You need to produce a professional signed document with your letterhead etc. showing the max and min clearance specs for piston diameter, cyl wall, all piston rings, and the specs you found. Present to the court this document, they will not know what to do with it, but, your adversary will have no way of refuting it with an independent inspector, also present the video you did with the engine teardown as evidence. Then as "evidence of good faith" the fact that you basically rebuilt the engine again, for free, even though there was nothing wrong in the first place. Just present the evidence, forget the other shop, your adversary is the customer and you need to cut him off at the knees with undisputable evidence. Oh yeah, evidence, not the other shop, unless asked by the court to opine.

[@habliutfish]

Indeed. And stop referring to how you ‘feel’ you shouldn’t pay the bill. Numbers, facts and data are your friends in this case.

[@Ibh111142]

The court is not interested in your opinion. I agree with the others

[@julianpritchard2558]

Totally agree

[@keithgreen9009]

Didn't he have a picture of the broken pvc valve in a video away back when this happened

[@JohnHanson-r1z]

Having done this in the past. It’s facts, facts and more facts. Opinions don’t matter. Forget the other garage just use everything including video to state your case as it’s between you and the customer

[@MDAdams72668]

My defense would be " I never had a contract with Mr x I was contracted by garage z" I therefore CANNOT owe Mr X a dime

[@georgemobbley]

A simplified but detailed explanation of how a pcv valve works and the effects of a split diaphragm will be big help on your day in court

[@sixlife8716]

Lee, as has been said below. THE MOST IMPORTANT part of your initial defence is that the end customer that is taking you to court has NO contract with Barum. There is no written or verbal contract of work with him, he has not been invoiced by you or paid any money directly to Barum . His contract is with the garage, whom he should be taking to court. It is then up to the garage to take you to court, as they had a contract with you. The court should throw this case out on that basis alone. This point should have been made very clear to the mediator. One more point make sure it is the company that's been taken to court and not you personally. Again if its you personally that's been taken to court it will be thrown out. Keep up the good work.

[@Jester-Riddle]

Not true if Negligence can be shown ...

[@robertburrows6612]

You should state clearly you don't have a contract with him

[@colinscutt5104]

I keep saying this

[@Jester-Riddle]

Beware of a claim for Negligence ... No Contract is required for that.

[@MONTY-YTNOM]

As said. The FIRST thing you should say is 'Can I see the contract between you and our business' in paper signed by me'.

[@Steves-Bikes]

Lee, re the A series clutch removal. I seem to remember that if they weren't set to TDC on 1 there was a retaining clip that dropped and wouldn't allow you to get the flywheel off !

[@richardhartley7094]

Good luck in court what a pain in the arse👍👍

[@rayshortall588]

Before you get heavy with the A series flywheel, make sure you have removed the large key washer from the end of the crankshaft! Good luck in court.

[@bigcarle]

at Mini Pro In Brisbane aust to get the Mini flywheel off we used to get a massive puller tension it up as far as we could and then use a massive drift though the start motor hole on the reverse of the flywheel and give it a couple of good belts with a sledge hammer then move the crank round and tighten the puller if possible and give it another couple of wacks and generally they came of with a bang, if not then it was time for some heat

[@phenogen8125]

The MGB garage has the responsibility for the integrity of the build: To miss diagnosing and replacing the faulty PCV valve is a clear demonstration of incompetence. Whatever the outcome, learn from it and tighten up documentation, photographic evidence and warranty limitations and exclusions. You should consider a legal case against the garage for the unnecessary strip and rebuild and rings and hone and goodwill payments you suffered without a cessation of the farce which can all be attributable to their failure to recognize the impact of faulty PCV which is a well documented issue. I would also add you should, on principle, exclude doing any future work on MGBs' it's a cesspit you have no need to dip your croutons in.

[@readrepairs]

Again, videos looking great. Really makes me happy to see the WS looking clean and neat and everything laid out neatly. Great work, keep going.

[@AnthonyTobyEllenor-pi4jq]

Please give the name and address of the Court and date of hearing, so interested people, (us lot), can turn up to give support.

[@Crabneedspony]

Now you’ve settled in to your new assembly room it does look very professional 👍

[@fredflintstone8048]

Once the customers find out that you paid for something that wasn't your fault I think there will be no end of those that follow expecting to be able to get away with the same thing.

[@djwarren5081]

I find it quite ironic that Lee, who is trusted to build fast road and race engines, is being taken to court by a litigious customer with a duff pcv valve.

[@colinscutt5104]

THE MG GUY HAS NO CORTRACT WITH YOU . His Garage employed you to do the work

[@sixlife8716]

I'm no legal expert, but from experience what you have said here is THE MOST IMPORTANT part of Barum's defence. The court should throw it out on this basis. The 'customer' should take the garage to court and the garage then take Barum to court. Also need to make sure that its the company that's been taken to court and not Lee personally.

[@Jester-Riddle]

I am just wondering whether, under the Law of Torts, if Negligence can be established ? If so,, this claim can be pursued via this separate legal avenue. The question then is did Lee discharge his professional obligations and was it reasonable for him not to have made a bigger deal out of the PCV problem, or was that even in his remit ?

[@sixlife8716]

@@Jester-Riddle ​ @Jester-Riddle would it not be the case that under the Torts avenue there needs to be some form of contract. For example if i bought a refurbished Laptop off a company that builds laptops and found that the hard drive had stopped working properly I would return the laptop to the seller. Under consumer law I would expect them to repair, replace or refund me. If they tell me its the fault of the company that made the hard drive, then that issue lies with the seller to sort, not me. If I had bought the hard drive directly from the supplier and given it to the seller to assemble the laptop, then I would expect the hard drive supplier to repair, replace or refund me.

[@tusdardcart]

This significant factor seems to be repeatedly ignored.

[@julianlord2697]

The customer needs evidence of a breach of contract. That he engaged Barum Engines and the work was below the quality to be expected. He has to be specific as there are several parties with their hands on it. You then answer the specific fault. The customer needs an independent engineers report. If not, you have very little to answer apart from your reputation and statement that all relevant work was checked. That you have spotted and advised of an external fault which may be the cause is a fact that has to be hammered home.

[@anonymouscyclist1233]

I don't understand what the MGB owner is framing court action over. Barum and the garage had a contract and the MGB owner was a customer of the garage? Or am I missing something? Surely the MGB owner would use consumer rights law against garage in this instance. The main legal argument in civil law theory is who contracted the work with Barum engines?

[@bobmizen1]

Give the Mini flywheel extractor centre bolt a thump with a Thor copper mallet perhaps ☺. It worked for me many years ago. Another great video Lee. Bob M. South Wales (also a former toolmaker 👍)

[@peglegmotoring]

Good luck with the a series, had to scrap a few back in the day because the flywheel microwelded itself to the crank

[@nigelhully6932]

Hi Lee , I have been watching your channel for over a year in West Australia. During this time I have watched with interest you stripping down motors and sizing them, but never herd you say if you record the details for the customers and your record. If you do so could you please show what type of details you record?

[@dalejones3862]

Make him pay your legal fees when he loses what a pratt

[@neilbirch-tq8sk]

It’s a small claim there are no fees that can claimed

[@wirdy1]

The most you'll get awarded is reasonable travelling expenses, if you request them.

[@davebartram1732]

Loss of earnings to

[@roynorton4000]

I'd like to see Isaac learning to grind cranks from the master...

[@peterhones3594]

Sometimes principles matter more than money 👍👍

[@duncansteward4331]

Its the other garage to pay the bill; they were the ones finishing the set up and getting the car running.

[@DrivermanO]

I hope you counterclaim for your costs - a lost day of earnings (a day in court at least!), amongst everything else.

[@wirdy1]

It's small claims court.

[@daledavies2334]

Good thing the Mini flywheel is not splined with the taper. Cat steering clutch flanges have tapered splines and ate ptessed on while in the tub at some tons of force and then the nut torqued. After 5 years or so they are a real bear to get off. You loosen the nut maybe half a turn to stop the pinion when it releases. One place I worked, a guy pulled the nut off before putting a larger hydraulic cylinder in to press it apart as the recommended was not enough. When it let go the pinion went clear through a cinderblock wall. Normally the press with nut just loose and a whack on the outer edge with a hammer and heavy brass drift would shock it to release. Regarding the MGB engine; I do not know how parenting and the school system is in the UK, but here in Canada and the US the lieberloons have put policy in place that parents can not spank their children if required and schools have a no zeros and no failure policies. What we have now is a whole generation of spoiled snots that never were held to account and learned that whatever they do or do not do is acceptable. No responsibility and blame everyone else.

[@alandillon4956]

Everyone needs there day in court, The bonus of this happening shows your not going to be a push over. The main contractor, which is not you. should be the one going to court. Just claim costs.

[@oildrag]

Just two things to say ! 1. It was a faulty oil PRV. 2. It was always faulty, so the engine rebuild was probably not necessary in the first place !

[@ataxpayer723]

Good points Also stress that the GARGE did not request that you service or replace the PRV valve. You can show the judge your invoice to the GARAGE, that shows no mention of replacing the PRV valve.

[@rolphbluesky8537]

I hope the judge is watching hing this .good evidence in your honesty

[@richardarcher2164]

Just made a cup of tea, good timing.

[@madeljacky]

From memory the Perkins looks like a little 4-108 engine, been a long time since I rebuilt one of those

[@The_BenboBaggins]

The old Perkins is of interest (4.108?)

[@mrb3483]

stick to your guns Lee,dont get fooled into paying.💯

[@vauny24]

Don't worry about it, it will more than likely get thrown out of court, like you said it's the principle why should you pay for someone else's mistake, everything was spot on when you completed the work to specification, once the engine leaves your workshop your blind to see what goes off in other garages when there re installing engines and checking that every part re applied to the engine is not faulty. Get potential customers to sign a disclaimer stating no liability for faulty installs after engines leave your workshop

[@philipthoreau3590]

How did you get on with the exceptional spring tide? Trust you didn’t get wet feet. P🇳🇿

[@neilmaguire5665]

Hi Lee, you need to stick to ur guns n not let people take a lend off u m8!! Great video love the channels m8, u's take care now 😊😊😊😊

[@classicrestouk]

Replace "from what i can tell" with "in my professional opinion"

[@bob1947essex]

You had no contract with this guy, he never was your customer. It's the garage you had a contract with. The judge will first ask why he isn't claiming from them.

[@Jester-Riddle]

I seem to understand that they got paid by the Customer, so they don't care !

[@barnesandrewj]

I''m Soo PROUD of you Lee! I'd spend 10 x that on barrister fees vs settling!.... If this guy is fighting re GBP300 it's probably his fees as he's been advised you don't have a case!?

[@davidshaw6659]

What are your thoughts on 5-angles for valve seats instead of the usual 3?

[@jujuUK68]

Did you at any point, instruct, for say £100 ish, a qualified independent motor engineer to write a report "For the Court" to explain both the issue, and their view on the fault and cause? Thas what will persuade the Court one way or the other. Serve it as evidence. The claimant gets an opportunity to ask questions, and it gives you an indpenendent heads up on on how the Court might or might not see it.

[@geraldwenn9698]

That's it remember its just as painful for the customer to go to court and dick around as well.I don't recall all the specifics but it keeps niggling at me the customer is paying nothing or chasing you instead of the garage

[@steveholdoway1519]

Get that beard tidied up Lee!

[@timothyosullivan2904]

Hi Lee , I see that somebody is trying to take you for a bit of a ride , some folks are very fast to pass the book to the next easy to get person , Don't stand for this crap , Do all your home work ,and make sure you have got all you data on file , most important get a competitive Motor Engineer that is very capable of his job and let him compile his assessment on the job and your data etc , cause a judge will only decide on the engineers findings , I think you should be holding the Ace in this scenario , Good luck to you on this one .

[@duncbee]

He was basically trying it on. He thought he could get you to pay because he can run the case himself.

[@bobuncle8704]

It may take a while for resolution, but I’m sure I’ll e around to find out, good Lord willing.

[@wirdy1]

Small claims are decided, there & then, by a judge after hearing the evidence.

[@vxlgsi]

Good luck let's hope the judge isnt bent they usually are.

[@ianedwards9136]

stick to your guns and with it going to court , counter with your costs and bill for the strip down and check

[@andrewwright1200]

You need to be very clear, the cause of the glazing and rings not seating was a component not delivered to you during/for the rebuild which then washed out you rebuild. You then investigated the whole engine, found the ancillary fault and refixed the rings. You cant be held liable for a failure caused by something not sent to you, and if anything you've gone above and beyond to resolve this to your detriment.

[@fatwalletboy2]

Yeah hope you are vindicated Lee...... Hope you do another big chair review of some posters comments again soon! Ive seen some belters lately

[@anthonyworthington6495]

What ever you, do not pay someone else's bill😊

[@robertcrowley6573]

The claimant is not your customer. You were commissioned by the garage that failed to diagnose the pcv issue. The claimant should be claiming against the agent he istructed IMO.

[@redpill3145]

If you would of left the garages name on the invoice instead of changing it to the MGB owner , you would of saved yourself a lot of hassle

[@richardhartley7094]

Ultra parts👍👍

[@andrewharrison2917]

Good luck in court but you don’t need it as the mg man has not got a leg to stand on

[@bluemule3891]

Oh by the way, GO for the jugular, and Veruca Dumont says Hi

[@dianelabelle6939]

I don't think you need mediation, you need meditation, good luck...

[@thomasm.hindiii6605]

Boy, you guys have one screwed up court system... the customer did not have a contract with you. It was the other garage that sent you the engine for refurbishment, they have a contract with you. I hope that you have everything in writing what they wanted you to do....if you do then I think that you should have no issues.

[@davidnorton5887]

Thats exactly how it does work here, but he doesnt seem to realise that. Then you have all the keyboard lawyers that seem to think its going to the high court in london with barristers in wigs, claiming costs and having proffesional witnesses called. 😂😂

[@ScarboroughTourist]

Stick to your principles. Your 'Company image' could suffer some damage if you concede absolutely anything you believe is not just; especially a court verdict; no matter how small the monies involved !! Surely they will have to provide an expert independent witness to give contrary/differing opinions to yours as to causation Ask them to do so. If possible, gather one or two independent articles which suggest your opinion of causation is likely. A judge is no mechanic and will need some help. In the meantime keep an eye out for anything 'defamatory' in the social media. Previous poor workmanship requires proof NOT JUST a casual accusation, else it is defamation.

[@billywhizz98]

Just tell them how many satisfied customers you have had over the time you have been in business

[@wirdy1]

& show evidence that you are not perfect & are quite willing to rectify fuck ups that've happened in the past. Just that this one wasn't a fuck up.

[@RallyRobert976]

Lee, put the claim to a view's VOTE . If the owner is watching put in his side of the case up here and this should be a fair way to sort this dispute 🙄

[@Joolz777]

😎😎😎😎👍👍👍👍

[@bernehalligan]

no surrender guy,s.....

[@conparry4292]

You don't ow anything the rings arnt at fault or the seals not down to you

[@Mathewmartialart]

i swear to god this guy just doesnt listen to advice. i said very clearly what he needed to do . there was no need for mediation, he should have created a statement of facts ( not long winded), but to the point as the court hates waffling. clearly state you have nothing to do with this as you hold no contract with the claimant, but its down to the other shop who they hold a contract with. and point the court to the videos you have done showing about the engine so they clearly understand whats going on. and request the case against you struck out as the case holds no reasonable grounds under CPR 3.4(2)(a). its bloody simple but you seem to just want the views.

[@stevem7868-y4l]

He will take £300 payout, and no court case, what a plonker even saying this, as he will lose the case, and have to pay costs, £500? got to be close to that with you having day off work to go to Court,

[@darrendean21]

You're making it too complicated for the courts .... he wasn't your customer, end of. With your story you will be found liable.

[@superbrit3845]

Have to say that the constant post titles referring to customer and quality issues with your workmanship would really put me off getting you guys doing any engine work for me.

[@PhillipAlcock]

Mostly the same issue, or stupid click bait.

[@superbrit3845]

@@PhillipAlcock Just seems to me via the titles and content that anything they touch turns to sh*t and ends up with a battle with the customer. If I was running the business I’d be sharing success stories in order to promote the business and not constant failure stories like Barum do. Their marketing is the wrong way around in my opinion and sends the message out that they’ve not a clue what they’re doing?

[@DerekWalsh-l4i]

Doesn't stop them getting loads of engines in through the door though, does it?

[@fatwalletboy2]

It didnt put me off. Quite the contrary in fact. Are you new here?

[@superbrit3845]

@@fatwalletboy2 Fair enough. No I’m not new to the channel. Just don’t get to why each video title is negative. Wish they’d do more on success stories such as a Barum build did this on the dyno or a Barum engine won a race etc rather than just focusing on the negatives the majority of the time.

[@stevem7868-y4l]

Can we please have less Cosworths, they are so boring now, i would rather see whats happening in the parts washer, than watch another Cossie build, lets see how exactly you do a crank grind, or a crank balance, start to finish, PLEASE..................