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bmw.maniac

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Posts posted by bmw.maniac


  1. You have a leg to stand on, he should not have charged you without prior consultation, it's borderline credit card fraud. You seriously don't want this to head to court with a summons e.t.c It will only take up your time and cost more money, avoid this, avoid it like a Toyota.

    I disagree. Darren handed over his credit card, and anyone who rents a car would presumably be aware that a charge will be made against it in the event of damage. If Darren was aware that a charge could be made, then he accepted that the company can make a charge against his card. However, if he did not (say the situation was Darren handed over the card to pay for the rental fee ONLY, but the company kept his card details without his knowledge, then it is not legitimate to place a charge on the card).

    The act of placing the charge is legitimate, as if Darren did in fact damage the car the company should be able to charge for any damage if the renter accepts these charges. However, Darren would want to challenge the basis for placing the charge, not the actual charge itself.

    Disputes Tribunal has a fixed $50 fee. The process is so straightforward that the biggest hassle is turning up. You would not make a claim in the District Court for a small matter such as this.


  2. I didn't sign anything it was booked over the phone.

    Well then any lawyer would tell you than an implied term of that oral agreement was that you would be liable for damage. Even passing him your credit card with the knowledge it would be used as a bond (or giving the number over the phone) could be seen as accepting that you would be liable for damage.


  3. Nevertheless, call your bank and tell them it was an incorrect transaction, they should reverse it. It may be reapplied (see above) so keep an eye on it.

    Once payment is reversed revert to my previous advice, put the onus back on them.

    In the eyes of the bank it is a legitimate transaction. Darren supplied his card and (presumably) signed an agreement making him liable for any damage, and the lessor has alleged that the car was damaged.


  4. ok so i've emailed him back and offered to pay for half the actual repair cost.

    Not the inflated $400 his stated as the cost to "remove & replace"

    Hope you didn't admit that you did it. Pretty silly move I think.

    In this sort of situation you wouldn't deal with a court or a lawyer at all. Best bet would be to file a claim with the disputes tribunal ($50, no lawyers allowed to represent you).


  5. That article is so full of typical Beacham BS it makes me laugh.

    The guy's a total tool.

    The funniest bit is where he says MDL have an obligation to honour the warranty of a car HE brings in, pffft....cock.

    Who cares if he's a tool. I have nothing but respect for him if he's managed to get Jaguar NZ to drop their retail prices by 20%+

    He has a point about the warranty. However it would of course depend on the precise terms of the warranty (whether you have to purchase it from an authorised dealer in the home country or whether you could claim back from wherever Beacham got the cars). I had a quick scan of the terms and it seems a bit ambiguous; would make an interesting contract law case.


  6. Already Phil Cough and his Labour Party are throwing the blame at National to try and earn brownie points for the next election.

    Hardly. I think it's quite valid after the slow response (4 days for some sort of significant action is just not good enough in any situation). You would think that an effective quick response would be second nature to this govt by now.


  7. I read

    "NSURANCE COVER

    The stricken ship is covered for up to $5 billion in insurance claims - with up to a fifth of that set aside for pollution liability.

    Owners of the Rena, Costamare Inc, are part of the world's biggest group of ship insurers and have organised substantial legal cover for the ship's captain and crew.

    Costamare arranged legal cover through its insurer P & I Services' New Zealand representative Alastair Irving, including for the lawyer Paul Mabey, QC, counsel for the ship's captain.

    Irving said the crew were being "well-supported" by the owner, who was extremely concerned for their welfare.

    He stressed the ship had "substantial" insurance, including both hull and machinery and liability insurance."

    Screw fining/imprisoning the captain, I hope Tauranga CC steps up to the plate and sues the sh*t out of Costamare, especially if the captain was drunk. Someone (even if it is the insurance company) needs to pay big time for this.


  8. So Dad has given me the nice holiday task of finding out about getting a towbar on his '01 530i and organising/overseeing/doing it.

    He has found a towbar at some random wreckers, minus wiring loom. Can someone please explain to me what exactly is required for the complete towbar in an e39? I have searched RealOEM but can't find any diagrams or part numbers.

    Does anyone have any bits or complete setups they would like to sell?

    Make my job easier :)

    Eddy

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