27 replies to this topic

[chickendippers]

Thanks HH - learn something new every day! Didn't realise that CMComposites was his business, quite shocked to say the least seeing as they supply quite a few bits to some of the Vauxhall UK Time Attack teams. Strangely, I can no longer find the page on Facebook so I'm curious as to whether he's blocked me on there. 

[chickendippers]

http://www.pngclub.c...Chris-mallinson

 

That makes an interesting read! 

[Zoobeef]

Stuart on there is Slindborg on here. He does get around 😂

Edited by Zoobeef, 01 April 2016 - 01:43 PM.

[Andydavy]

Small claims process is very good. Done it twice now and won both times. However, even when you have won, it's pretty rare to get the money. Both of mine ended up with baliffs. One company "went bust", the other claimed to "not exist at that address".

 

With the info you have you can prove he is a trader, independant expert should give you a written statement. He probably won't turn up to court in which case it will be found in your favour. He will have a ccj against his company and won't give a s..t

[slindborg]

Is Flintshire porformance engines the one run by Phil Nichols? If so, then treat with the same caution as this cmcomposites clown

[chickendippers]

Ok so before I send the letter of claim to Mallinson (who has now blocked me), I'm just making sure I have as much evidence as possible. So far I've got:

 

Full written report and images from my mechanic highlighting issues.

Invoices from my mechanic, and suppliers for the cost of new parts.

Report from independent garage stating what they suspect to be the issues.

Copies off all correspondence between myself and Mallinson.

Messages from specialist engine builders in response to images of the disassembled engine.

Quotes from 3x specialist VX garages for the cost of the work involved. 

 

I also have many other bits and pieces, mileage at time of installation, videos of first start up, recorded phone call (with date) to state mileage at time of installation, mileage now, messages to engine builders literally an hour after installation discussing the issue. Oh, and about 10 other people that I've been in touch with that have also had bad dealings with Mallinson which I've had confirmation that I can produce in court as hearsay evidence is acceptable?

 

I'm going to go in and try to claim for everything, so cost of engine, removal of engine, stripping, reassembly and installation, cost for new parts and my expenses too.

 

Is there anything else that I would need in order to help my claim?

[Pidgeon]

Firstly, I'm sorry to read of your experience, nobody needs this hassle.

 

On the legal front, there's advice both good and bad on this thread, but two fundamentals haven't been addressed.

 

1, Who is your contract with?  Is it Rawlinson in person, his company (if it is incorporated) or something else?  You have to be certain of this (and can prove it) or you fall at the first hurdle.

 

2, What are the terms of your contract?  If he advertised the engine as an unknown quantity, you have no come back.  If described as a professionally built ready to run unit, then you have a claim.

 

You appear to be focussing on what you found, this is important, but it's secondary to the original deal.  You don't need numerous reports and quotes, one is enough.  Judges aren't interested in videos of start up etc.

 

You don't have any claim for consequential losses (fitting, oil etc) but it's worth including them as if you gain a default jugdment or he doesn't turn up, it may go through on the nod.

 

Keep the thread updated and I'll keep an eye on it.  Also worth sending me your particulars of claim before you issue as well.

[chickendippers]

Hi Pidgeon,

 

Many thanks for the reply!

 

1) I bought the engine directly from Chris Mallinson, not through his company. 

2) It was advertised as a built engine ready to fit and run, all the work was done "properly" apparently and the parts were fitted correctly - yet clearly weren't.

 

After posting up on the Facebook groups, his defence is that I've been abusing the engine, done hundreds of miles and have blown it due to incorrect usage - yet this is clearly not the case.

 

I understand that there are some items that I cannot claim for, like the original fitting of the engine that I was going to pay for anyway, and any consumables like oil, coolant etc. But can I not claim for the removal of the engine and all the additional work carried out due to the mis-selling of the item in the first place?

 

Appreciate your response