Getting the old girl remapped... I should have learned my lesson by now...

He states he does have insurance. In any event my best approach seems to have the car repaired myself and then start a small claims process. I've done it for the business before, very straightforward. I'm just writing everything up now.

Just very frustrating. It's like a mechanic ruining my engine because while walking by the car I cast a shadow over the engine bay. 'Well you cast a shadow while I was working there' so I'm not liable for the damage that I then did. Without mention to wait in the waiting room if you know what I mean.
 
Maniac said:
He states he does have insurance. In any event my best approach seems to have the car repaired myself and then start a small claims process. I've done it for the business before, very straightforward. I'm just writing everything up now.

Just very frustrating. It's like a mechanic ruining my engine because while walking by the car I cast a shadow over the engine bay. 'Well you cast a shadow while I was working there' so I'm not liable for the damage that I then did. Without mention to wait in the waiting room if you know what I mean.
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Agreed. Surely you would hope even the dumbest non car savvy magistrate would see this should you go to the small claims court.
However even if you get a ruling in your favour actually getting the money can be a nightmare from small one man bands etc
 
from what i can gather i believe small claims courts are a waste of time

even if you win you then have another battle trying to get the money
 
This is the firm I'm using; (CURRENTLY REDACTED AT MANIACS REQUEST) :!: :!: :!: :thumbsdown: :thumbsdown: :thumbsdown:

Well for the benefit of everyone this arse clown should well and truly be avoided at all costs. :headbang:

Spread the word!!!
 
Taz said:
from what i can gather i believe small claims courts are a waste of time

even if you win you then have another battle trying to get the money
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It really does depend. If he's solvent and the details of the case are fairly straightforward, then it's quite a simple process that can be initiated online for a small amount of money. In this case he isn't denying what happened; just the liability, so it's worth a shot at external arbitration. There are several phases to it as well - you can decide to throw more money at it later in the process, if you think it would be worthwhile to do so.

I think Maniac's gone about this the right way so far. Definitely build the paper trail, don't go apeshit at him and don't do anything that might damage his ability to trade. I'd be a bit concerned about the nature of the claim itself though. It would be more straightforward to get money back from him than to get payment for 3rd party services.

Whatever happens, Maniac, get it fixed soon. Then at least you get back the enjoyment of driving it. :driving:
 
Maniac said:
I've received a written statement from him where he states no liability, he will follow my request for his further assistance in any capacity this week until next weekend when I will recover the car to a BMW dealer for them to fix it.

upon the successful completion of which I will seek to reclaim all costs via his insurance and should that fail I will pursue via small claims.

I'm uncertain the best path to proceed (small claims as soon as BMW have fixed the car or whether do approach him and his insurance and then small claims so I'd appreciate thoughts on that?
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You should give him the opportunity to pay so submit an invoice to him with a reasonable time to cough up and inform him you will be going down the legal route if he doesn't - all in writing. Do not approach his insurance company directly - that is for him to do. When the deadline has passed with no joy inform him in writing that you will now commence legal proceedings.

If you launch legal proceedings without informing him of your intent and giving him the opportunity to sort things out then he can draw out and delay the legal proceedings if he knows what he is doing.
 
This is a shocking story. If I can offer some thoughts if I have read this correctly, the guy who did the job is a sub-contractor, well surely the onus is on the main contractor to resolve the matter? Have you thought of contacting your local Trading Standards office, they are usually pretty good on advice plus any intelligence they gather can help other people who may be tempted to use this company. Worth a phone call!!
 
I think I would get an Idea of cost from BMW then sound the guy out with it and gauge his reaction. Has there been any paperwork or evidence the guy has worked on your car, it could be important when drawing up any case, if there is no paperwork he could deny hes even touched your car. I think initially I would try and butter him up and hope any liability insurance he has will pay up, rather going in threatening legal action etc. The problem as I found out taking a Toyota franchised dealer through the small claims court is it can take quite a long time, im my case over 12 months which involved time of work, travelling to the court which had to be in the same district as the dealer and even after that time I didn't get suitable compensation.

Tim.
 
markplant said:
Was Ken/wedge able to help or is it dealer only for the actual fix
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Ken did come back to me with some suggestions but it's all a bit maybe so the dealer is likely the most clear cut route.
 
Although i dont own my z4 no more :cry: i still pop on the forum now and again.

Very sad to hear about your troubles Maniac. I remember doing some coding on my Z4 and was scared to death something like this might happen.

Someone who remaps cars for a living i would have hoped they know about potential dangers....low battery voltage/connected devices.

Hope you get it sorted soon and at not high financial cost to yourself.
 
The remap chap has called me today following a rather detailed email from me. He seems keen to work this out as quickly as possible, as am I and to that end is not avoiding me or my calls. He's advising his insurers now and once BMW outline the cost to fix I will supply this to him and take it from there. I'm hopeful he will attempt to resolve this despite his claim not to be liable. In any event conversations are civil if frustrating.
 
Scooba_Steve said:
At least you still have a dialogue going, hope it's all sorted soon. Has certainly put me off a remap!
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Hopefully it wont put too many off remaps, there must be hundred of thousands of cars on UK roads remapped for many years trouble free

I think the moral of the story here is the same as mechanical repairs at garages or even builders etc. Do you homework on whoever you are going to use.

When it comes to remaps its likely best to take it to somewhere reputable/recommended in person rather than someone who comes to you.
Probably even better if you can take it to somewhere with a rolling road etc that can tweak/fine tune a remap to your engine, especially if you have other mods on it. Even if they don't tweak it, a before and after run never hurts and gives you something a little more substantial than your butt dyno that there is actually an improvement.

One thing I think we can all take away from this is you definitely want someone with some real substance/resources behind them, should the worst happen.
 
I would echo MACK's sentiments. I've had many remaps and never had an issue, in fact I've never heard of this happening before. I have used Bluefin in the past: you basically do the download and upload yourself - they send you the hand held device you plug it in the OBD port and download your existing map, email it to them they send you the new map, and you upload it to the ECU.
 
Maniac said:
-----despite his claim not to be liable. In any event conversations are civil if frustrating.
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There is probably a clause in his policy which states "Don't admit to any liability" just as motor insurance policies!
 
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