Jump to content


  • Tweets

  • Posts

    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Wheel Bearing Collapse


pacsito
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3125 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I sent couple of letters to Kwik Fit after their service on my Honda Accord. Full letter below...

 

I owned a Honda Accord Silver (W*****B) and took it to your Eastbank street branch in Southport on one evening, around 5 - 5:30pm. They turned me away, saying they will have a VIP visit the next morning so they are cleaning the garage, but they called the Ash street branch to find out if they can accommodate me. So I went there, where one of your engineers took the car.

 

I did not know what the fault is, but the front left wheel made whistling noise. The engineer took the car for a test drive and lifted it up. After 10-15 minutes he returned saying he fixed the problem with spraying service spray onto the wheel bearing. The noise disappeared so I was happy. They did not charge me a penny, so this little service was free of charge. Made me even more happy, BUT(!) after a while the noise came back and decided that I will bring the car back to have a bit more serious look into it.

Unfortunately I did not have the chance to bring it back, because on 19.03.15 the wheel bearing broke. Thank God I did not drive fast just about 5 mph, because I just left a car park.

I called the AA, because it was in the evening after 6 pm so no garages were open. The AA patrol took a look and said the car has to be put on a trailer, because it cannot be repaired on the road. As well he mentioned, that this fault could be prevented at the time your engineer looked into it. With the service spray he actually caused more damage, than it was before and just “covered” the fault.

He also said, if I drive on motorway or anywhere above 40 – 50 mph then probably I am dead. It was very scary!

 

Unfortunately I did not pay for your service, so I don’t have any invoice in my hand, but you should have a record of my car being in that garage even was a free service. If nothing else, but CCTV recording should show evidence of your service on my car. Because of all this happening I don’t remember exactly when I was in your garage, (it should be somewhere between October 2014 – February 2015.) but I know, you should have something in that branch about that visit. I do have documents of the AA showing the damage to the car.

 

This situation caused me a lot of trouble. In that night the AA patrol could only take my car only to my house, where it could not be repaired, the following morning I had to take it to a garage and ask for a quote. The quote was far too high, because the wheel bearing, wheel shaft and the wheel itself were damaged at this accident. So they quoted me at least £700-800. I said that is far to high so I had to take my car back to my house. This cost me £220, I had to scrap my car and received a horrific £138 for it. This is very painful for us, because we loved that Honda. We never had any major problem with the car. Was always serviced on time and it was a really reliable runner, never let me down. Got scrapped.

 

I needed a car immediately, because my job is a cluster receptionist, so I travel a lot most of the time I work not only in Southport, but in Ormskirk, Preston, Chorley, Wigan. So I needed a car! I ended up renting a car, which cost me the following £160.56, until we sorted out a new car. My working hours are 11 pm – 7 am, so with public transport this is not possible to get to my hotels. For me a car is mandatory to have.

 

We bought a newer car, a Honda Civic (2011) because I needed a reliable car, but we ended up buying it on finance. We did not want and did not plan to change car and this situation put us in a big difficult financial situation.

But the past is past; look into the future, what Kwik Fit will do in this situation?

For me compensation would be acceptable for my costs, which I had to pay after my accident.

 

Costs I had:

trailers from and to my home between the garage: £220

lost on car value (car value was £1000 when was running) £1000

Car rental: £160

Off work (3 days, could not get to the hotels)

£7.20 / hour * 8 hour * 3 days £172

Total: £1552

 

If you agree, that you compensate the costs above, than I wont go to court, but in case you decline it I will and will asks for further £1200 compensation for fees and charges. I give you 28 days in which to accept this offer.

 

With Kind Regards,

 

 

They have phoned me saying its not their responsibility and cleaning their hands... Sent an other letter but nothing came back after.

 

Does anyone has idea if its worth to take this case to courte. Without an invoice at least in my hand, is it possible that I could win? Any help would be apreciated.

Tibor

Link to post
Share on other sites

I've moved your posts to a thread of it's own with the subject heading 'Wheel Bearing Collapse'.

 

Any hope of a claim, especially in court, will require a lot more than 'I think'. You will require proof of what happened and why it happened. You have no paperwork to back up any of your claim.

You mentioned cctv, in the very unlikely event that was still available 12 months after, how would it be found, you can't even remember the date it happened and at most would show you paid them a visit.

 

I'm sorry, but you will have a mountain to climb if you ever hoped to lodge a claim with the company let alone the courts.

Link to post
Share on other sites

Hi,

I don't usually have many good words for Kwik Fit at the best of times but in this case, I have to agree with the others. This will go nowhere. The wheel bearing would have been failing for a long time prior to Kwik Fit getting involved. They cannot be held liable for this. They didn't do anything to cause the collapse, just sprayed the bearing.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

the length of time for any minor case would have Bearing on this!!!

 

I don't know whether to groan or laugh at that :|

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...