Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Unhappy Handbrake failure

    Hi

    I bought an 04' car in Sept last year. Within weeks my reverse park sensors failed and I booked a date so that garage could collect my car, from work, to take away for repair (I also wrote on his jobcard that the handbrake needs to be looked at because it comes up quite far). He then got into my car and reversed into another car causing bad damage to the left-hand side rear bumper. The took my car away and I was given a courtesy car for the evening.

    My car was returned the following evening and I was advised that the work had been completed.

    2 days later, I parked up at work (on slight incline but NOT steep) - this is where I have parked for 3 years) and within 30mins of leaving my car a bloke came into my office to see if anyone owned the **** car in the carpark which has rolled into 2 other cars!!.. I followed him to the car park and I knew that I had put the handbrake on full but I proved it to them (2nd witness already there) by opening my car and asking one of them to get into my car, before I did, and check the handbrake. They did and confirmed it was on full and should NOT of rolled.

    My car was taken for 'intensive tests' and returned with the following statement 'we have tested your handbrake and found no fault, but we have made minor amendments' Ummmmm not faulty but is faulty?!?!?

    I have complained to the dealership who said they had heard of a similar case and that I would need to write to the manufacturers head office. I did so, to the Chairman, but received a reply saying that they have tested the handbrake and its not faulty blar blar blar.

    I have since found a website that shows they have recalled these models twice for handbrake failure!!

    Im really gutted - any advice?

    Xena

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  2. #2
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    Default Re: Handbrake failure

    Hello:

    On the subject of handbrake failure I have a strange story to tell.

    I have a new Vauxhall Vectra which was parked on my front drive on a slope. I do not engage first gear because I usually park close behind my other vehicle. A couple of weeks ago my neighbour knocked on my door in panic to tell me that my car had rolled backwards, crossed the road and hit a neighbour's garage and then come to rest with its front wheels in the gutter outside her house. This was a full hour after I had parked the car. On checking the still locked vehicle I saw that the handbrake was in the off position. Luckily no serious damage was caused to either car or house. I do not expect you to believe this story as I would not believe it if it had not happened to me. Nevertheless it is true.


  3. #3
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    Default Re: Handbrake failure

    I believe it - I don't trust cars now after that incident - I can't understand how this manufacturer can be so un-interested in this problem - its been happening since 2001 to date - latest case im aware of is a April 06' build which rolled with handbrake on (and that only the one I know about!) there must be hundreds and im sure if it isnt sorted, someone will end up seriously injured - its a mini adventure!!


  4. #4
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    Default Re: Handbrake failure

    hi I've been trawling the net to look for advice re hanbrake failure - new Ford Focus within 1 week it ran down the road into a stone wall & caused rear end damage - the garage not interested in damage, but adjusted the handbrake although they said they couldn't find a fault. we paid for bodywork repair. This week it did it again - the garage only comment was to put chogs behind the wheel. FOrd customer services aren't interested, a 2nd ford garage won't repair in case of further problems. They all say put thro insurance - but that not the point why should we lose no claim's etc, just to have bodywork repaired & handbrake issue resolved. I am now taking Tradin Standards advice & holding financecompany & garage jointly liable. Car going to be out of action for weeks I guess.


  5. #5
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    Default Re: Handbrake failure

    It seems that if you suffer a handbrake failure on a new vehicle you are left to hang out to dry. There is obviously a problem with modern handbrakes. On my vehicle if I start the engine with first gear engaged the car will move away against the handbrake. This is why I did not leave the vehicle in gear ( I leave my new vehicle parked close behind my other vehicle on the drive).

    The interesticon of my Vauxhall dealer extended only to the offer of their services in repairing the vehicle under an insurance claim. As I have never had an accident or even a speeding fineicon in forty two years of driving I decided to live with the minor damage sustained.


  6. #6
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    Default Re: Handbrake failure

    its just totally unfair - I have 8 years no claims and I have had to claim off my insurance for the 2 cars which my car rolled into - If im to get my car repaired they expect me to pay £350 excess directly to the garage - this is the garage that reversed my car into someone else, took my car away for repair (i also asked them to check handbrake)- the car was returned an i was told all work had been carried out. 2 days later it rolled and I was eventually advised by garage that they had not had time to check my handbrake when it was in being repaired for the reverse damage as the repair took longer then they expected!! I am disgusted by the level or service I have received from BMW and Mini!!

    I can see the above is not illegal?!?!?


  7. #7
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    Default Re: Handbrake failure

    Hi all, i to have a 2003 model vectra, delivered with five faults(seat belts,wipers,heater fan not working) warning lights on dash illuminated and turbo that packed up on my first trip down the motorway (took three attempts to fix before replacing). Like the rest of you i parked outside my home on a slope and later found my car buried in next doors hedge. I could not work out how i could have got out of the car taken shopping out of the boot locked it and gone indoors without putting the hand brake on (it would of rolled down the slope).
    so when i passed the dealership the following day after work i called in and rather sheepishly told the receptionist what had happened, to my supprise she looked straight at the workshop manager who told her to book the car in as soon as pos to replace the hand brake and repair the damege done to the car (free of charge). i asked if there is a design fault and the manager told me Vauxhall will accept replacement and repair costs but would not accept responsibility. he already had a car in the workshop with the same problem.
    Just by chance i found out a guy at work did the same as myself but was being charged by his dealer for the work being done, when he contacted them and told them about my case they agreed to cover all costs.


  8. #8
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    Default Re: Handbrake failure

    At the risk of hijacking this thread is a little known fact that these days kit cars are MUCH safer than production cars. I have a friend that works for the european union crash test people (I forget thier official name) who says that kit car on average survive much much better.


  9. #9
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    Default Re: Handbrake failure

    We parked our Ford Focus C-Max on a hill and forgot to put it in gear. After 10 mins it rolled down the hill hitting a wall. Witnesses present when opening car and one of the witnesses checked the handbrake and found it to be full on. Took the car onto the road, put it in gear again and tried moving car - handbrake held. Took into Ford dealer and they said nothing mechanically wrong with handbrake. Checked on internet and found loads of cars have the same problem - "discs and/or calipers cooling and contracting thus reducing the pressure on the discs." We'd only driven 4 miles on a Saturday morning to our friends house so the car couldn't have been that hot I would have thought. Have written to the Ford dealer and said this is obvioulsy a design fault on lots of cars and that it needs to be resolved. In the meantime, all of us who have this problem are going to be out of pocket. Unless anyone knows if the car dealers can be held responsible???


  10. #10
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    Default Re: Handbrake failure

    most handbooks do say leave the car in gear with the wheels turned towards the kerb, i believe this advice was or still is in the highway-code.
    but yes modern handbrakes are generally not as efficient, as most new cars have rear discs. which means if pads alone are used for the handbrake there is very little surface area to hold against the disc, rear brake pads are surprisingly small.


  11. #11
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    Default Re: Handbrake failure

    I recently bought an 05 reg focus st, i parked it up on small incline at work failed to leave it in gear as i didnt deem it nesessary, but definetly put the handbrake on full. i went to my car less than an hour later to find that it had rolled down the incline and into a barrier causing damage to the boot, r hand side rear wing and rear bumper. All this was caught on cctv, i think the car is still under warranty, will i be covered for all the damage as i do not was to use insurance as i need my no clams due to the fact i am under 25 an could not afford the insurance renewal.


  12. #12
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    Default Re: Handbrake failure

    May be worth noting that the Ford Motor Company had a similar issue on the Jaguar X Type. There was a safety recall which involved replacing the automatic handbrake adjust mechanism with a manual one. Although I never had the issue myself, it was believed that the parkbrake could fail. Might it seem that Ford only care when it's cars from thier PAG?


  13. #13
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    Default Re: Handbrake failure

    i believe this recall was carried out on mondeos also- as many of the x type parts are of mondeo origin


  14. #14
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    Default Re: Handbrake failure

    If it's a Vauxhall, it seems there may be a problem...see the link:
    BBC - Consumer - TV and radio - Renault Clio update


  15. #15
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    Default Re: Handbrake failure

    Hi to all and a happy new year.
    I have a 2006 focus sport, parked up as usual when i came home from work.
    10 mins later a knock on my door with a chap standing there asking if that was my car --- pointing 100 foot away ----
    Yes the car had rolled and lucky for me had turned to go across the road, hit a wall and caused some damage but not has much has would have if it had carried on down the road !!!!
    when i got my keys and got into the car i tried to reverse it away from the wall but the handbrake stopped me, yes it was on.
    I think its a case of when the cars brakes are hot and you apply the handbrake everything must be expanded due to heat, when they cool it releases slightly
    Anyone else with any thoughts
    PS anyone successfully brought action against FORD ????


  16. #16
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    Default Re: Handbrake failure

    Quote Originally Posted by FIREBLADEAID View Post

    I think its a case of when the cars brakes are hot and you apply the handbrake everything must be expanded due to heat, when they cool it releases slightly
    So, if the brakes had cooled and released, how come you were unable to drive it with the handbrake unchanged.

    Driving in low gear (1st or reverse) is applying a whole lot more power than gravity to overcome the handbrake.


  17. #17
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    Default Re: Handbrake failure

    BRAKE PADS/SHOES TEND TO WEAR IN THE NORMAL DIRECTION OF TRAVEL ie FORWARD AND TEND TO HAVE LESS RESISTANCE TO MOVEMENT IN THAT DIRECTION, WHEN YOU REVERSE THE DIRECTION THE PADS/SHOES GO AGAINST THE GRAIN SO TO SPEAK SO AND TAKE MORE POWER TO MOVE, JUST TRY PUTTING YOUR HANDBRAKE ON AND TRY 1ST THEN REVERSE, YOU WILL SEE WHAT I MEAN.
    I CAN ONLY ASSUME THAT 1 TON OF WEIGHT ON A HILL OVERCAME THE FADING RESISTANCE DUE TO CONTRACTION OF THE PADS AND WAS ENOUGH FOR THE CAR TO ROLL, NOT FAST I APPRECIATE BUT ENOUGH TO CROSS A ROAD AND TRAVEL 70FT BEFORE HITTING THE WALL.
    I DID NOT FLOOR THE ACCELARATOR TO PROVE A POINT THAT THE HANDBRAKE WAS ON, BUT ENOUGH TO REALISE THAT THERE WAS RESISTANCE TO BACKWARD MOVEMENT.
    LOOKING AROUND THE NET ITS A ASSUMPTION SHARED BY MANY MOTORING MAGAZINES ETC.
    KEN


  18. #18
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    Default Re: Handbrake failure

    Do you really have to shout?

    And in the case of brake drums. the co-efficents of expansion are such that the metal drum would shrink more than the friction material - so the handbrake should, if anything, become tighter.

    AFAIK, disc pads are not directional as you describe - otherwise they would be manufacturered with a deeper leading edge and caliper offset to suit in order to improve braking efficency.


    Having said all that, the only time that my handbrake is ever applied is for the MoT test. Otherwise the vehicle is left in Park when stopped.


  19. #19
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    Default Re: Handbrake failure

    had a look in the following ford handbooks today, ka, fiesta,fusion, galaxy, could not find a focus one though- all of them say to leave vehicle in gear or park with wheels turned towards kerb etc when parked on a hill- it's in black and white, what do you think any response to a action against ford would be? read the users operating instructions maybe?


  20. #20
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    Default Re: Handbrake failure

    Repeating myself.



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