RX Heaven v Keiron & McCarthy

[McCARTHY]

Rather than public banter.

Banter? I think not. nothing i have said is any less than fact. Supported by people to whom i have spoken with first hand experiance of the company, my own experiance and (from the first thread) photographic evidance of my own engine.

Don\'t get me wrong i\'m not jumping at you but banter would suggets faulse or over exadgerated happenings. I have not done this and have said only what is true of my experiance

[gsb876]

Banter? I think not. nothing i have said is any less than fact. Supported by people to whom i have spoken with first hand experiance of the company, my own experiance and (from the first thread) photographic evidance of my own engine.

Don\'t get me wrong i\'m not jumping at you but banter would suggets faulse or over exadgerated happenings. I have not done this and have said only what is true of my experiance

Read it wrong, already replied above to stand corrected dude ?

[g11ary]

No, what Carl is saying, no personal attacks, only factual.

Carl is talking to everyone not the poeple involved. No matter what others personal feeling are on this thread it is not to get personal.

[Carl]

Just thought that I would move this post.
Regards
Carl

[Kieron]

Not a street port FACT
missing oil seals FACT
collant leaks (they did do a temp fix) FACT
Oil leak (I showed you at silverstone Garry) FACT
Bad customer relations (threatening phone calls) FACT
p.s I have a crime number for that!
Not replying to my emails FACT
The only way I got a response out of them was starting up the thread FACT
I am not the only person with these problems FACT

And John, before you reply, YES I have mentioned these facts before, none of which rx heaven have replied too and I just like to remind people about the facts of my despute with them.

Free bump BTTT  :wave

[Carl]

This issue is highly emotive.
But those who wish to post should choose their words very carefully,if you are involved directly then do not let it get into a personal conflict.
If you are directly/indirectly swept up in this then make sure of your fact\'s,and know what you are speaking about firsthand.If there is legal action,then save it for that.
The Response of Nigel of RX Heaven was certainly in that vein,it was not a character assassination of anyone,just cold hard facts.

Remember that in any situation in life, if things go too far it can lead to very dramatic consequences,ie,alot of money spent with no real satisfactory result for anyone concerned.Then having to pay for it for along time after,both emotionally and physically and financially.This can apply to all concerned.

Sometimes you have to put things down to experience,and move on.
If you think you can handle all of the consequences, then take legal action as the absolute very last resort.Remember that Laywers are expensive,and often legal procedures drag out and become very expensive very fast.Once the train has left the station it is very hard to know when to get off.

Even though there have been some previous discussions between all parties,it would be very wise to really try to exhaust absolutely every other available the communication option before taking legal action.
This advice is not being given with any bias, but all concerned may need to try to calm down when communicating with one another.

Start by asking yourselves what you really want out of this? In all cases it should be a satisfactory outcome, all may have to compromise a little, but communicate in such a way that all stand to gain something and no one loses\'s out completely.
Don\'t go into any discussion without leaving the other party with some options,there must be give and take,and really try to listen to each other.

That way you just might get a suprise at how reasonably you can resolve things.

If laywers get involved then they will be the only real winners.That is a fact of life.

One final thought,maybe someone could act as a go between between both parties to try to resolve this in a reasonable fashion.Think about it,an independant party/go between, may be of great value in starting off discusions once again.

Regards
Carl

[Jodypamplin]

I have kept up with this thread\'s comments, and I hope for all those involved that it is resolved in a suitable manner.

What Carl mentioned above seems like a good alternative idea to legal proceedings and is used often in my chosen profession as a way of settling a dispute between two parties without going to court and appointing legal representation, and is called \'alternative dispute resolution\'. There are several routes, including arbitration, adjudication or mediation, depending on if the two respective parties can stand being in a room together, on how the final outcome is decided and on the size and complexity of the dispute.

Mediation means the ultimate decision is made by an unbiased third party. Meetings take place with the separate parties in the aim of achieving a settlement. Ordinarily the mediator does not make recommendations only helps assist parties in making an agreement.

Arbitration is whereby the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator) for resolution.

Adjudication is a quick fix remedy prior to extensive legal action by which an independent third party makes a quick decision when parties are unable to agree on a matter. It aims to gain a third party decision. Decision must be made within a certain time period.

I hope this may be of some benefit. And I am not a lawyer so don\'t ask me any technical questions, I am only aware that these systems exist for similar situations.

[Kieron]

:cheers

One of the most helpful posts I have ever read on any forum! Gonne get a good reputation vote for that one  :cheers

[McCARTHY]

Read it wrong, already replied above to stand corrected dude ?

oh ok cool, sorry i logged off just after i posted to watch some more of family guy on DVD.

[McCARTHY]

Carl, unfortunatly you can only resolve things amicably if both side are prepared to talk and come to a mutual agreement. Unfortunatly on this occasions (i think i said this before) RX Heaven broke communication with me and say if we wanted any futher communication it would be through a solicitor. Hear are the facts from my case:

car sold with a street ported engine, it didn\'t have one

car sold with a HKS twin plate clutch , it didn\'t have one

Exhaust baffle fell out the system the car was supplied with (i paid for i to be replaced)

Boost problems that were never rectified after trips back to RX Heaven, i seeked other advice form a different tuner by then it was to late and the damage was done resulting in 1st engine letting go in 1200miles

Upon collection of the the car after the 2nd engine was built it took over 45mins to get it started (have witnesses)

2nd engine let go after 160 miles (have witnesses)

When the car was collected by nigel of RX Heaven. He pulled up onto the back of a low loader, cracking the skirts and dragging my exhaust along the ground Also He hosted it to far forward by pulling the veilside front valance into and over the wintch damading body work, cracking the splitter (have witnesses)


After  sales service was very poor. RX Heaven would not return my calls i had to keep phoning until i got hold of nigel.

On the hole not the best experiance i have ever had with tuners in the past.
Until nigel borke contact with me and we had to go down the leagl route.

[Carl]

I understand where you are coming from with both sides needing to be amicable over this.
What if there was someone who managed to get all parties talking again?
Would you be willing to come to the party as it were?
If you were then that would be a start where maybe some of this could be resolved in the absolute best possible way for all concerned.
That has got to be a better route than any form of legal action.

It just needs one person to be willing,then maybe the others will follow.

Any volunteers to be first?

Regards
Carl

[McCARTHY]

I would be more than willing. I don\'t think that it is me you need to convince.

[Carl]

I would be more than willing. I don\'t think that it is me you need to convince.

OK,
Then I would be willing to try to have a chat with you all individually and see if it is possible to come to some sort of amicable agreement between you.
I now have 2 of you on board with this idea,and just need one other party to come forward.
Please contact me privately preferably by phone.
This evening would be good on 01635 846598
May I strongly suggest that any further comments on the subject from the parties involved be halted for a while in order that no more complications are added.
Regards
Carl

[Kieron]

I\'m up for that, it\'s them who is threatening me with legal action. I\'ll call later, what time is best for you?

[Carl]

after 6.00pm.
now I really must get on with some work!
regards
Carl