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    • 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
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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Diesel particulate filters - A Reminder


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Tests for diesel cars and lorries are to be tightened up to ensure vehicles have a critical exhaust filter if one had originally been

fitted as standard, Roads Minister Robert Goodwill has announced.

 

Garages and testing stations will be required check for a diesel particulate filter (DPF) in the inspection of the exhaust system as

part of the MOT test (or annual test for heavy vehicles) from February 2014.

 

The vehicle will automatically fail the MOT test if the filter had been fitted as standard but is found to be no longer present.

 

The filter works by trapping solid particulate matter from exhaust gases. This type of filter has been in use for more than 20 years

and helps meet European emission standards, improving air quality and health standards.

 

Some firms offer services to remove the filter, claiming it will improve the economy. But it is an offence to drive a vehicle that has

been modified this way, as it will no longer meet the emissions standards the car achieved when it was approved for sale in the UK.

 

Public enquiries

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  • 1 year later...

Just to bring people up to speed.

 

 

EU6 emissions standards came into force for 17MY vehicles. What this meant was that the emissions systems in general needed to be dosed with a substance called Urea or more commonly known as Ad Blue. The down side is that the useage rates depending on the type of driving can be quite high and all manufacturers are suffering from a high degree of break downs due to drivers not understanding how the system works.

 

 

Basically, in laymans terms, a warning light will tell you that you need to regenerate the DPF and this should not be ignored. You need to go for a 20 to 40 minute drive at a constant high speed to get it to burn off the soot. If this warning is ignored the car will shortly go into limp home mode and require a forced regeneration at a dealer which will possibly not be covered under the warranty as the driver has not complied with the operating instructions in the operators manual! You should not ignore the warnings you are being given, the car is not faulty, it's doing what it's designed to do.

 

 

Cars/manufacturers who are suffering from this at the moment are not part of the dieselgate scandal so the benefit is that you are actually driving an environmentally friendly car.

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I had similar to the above earlier this year when ours kept flashing up the warning every couple of weeks or so. Being a new vehicle it was returned to the dealer on each occasion, after the third time I lost a little patience and informed the garage we had lost all faith in the car and would be looking for a new one. This time they involved the manufacturer and I was told it was because the sensor was fitted to to bottom of the Ad Blue tank with no protection. Living in a rural area it was keep getting sprayed with mud & water and therefore failing, seemingly had to have a modification. Don't know how true this was but it has been OK since, no doubt with winter coming up we shall see.

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Just to bring people up to speed.

 

 

EU6 emissions standards came into force for 17MY vehicles. What this meant was that the emissions systems in general needed to be dosed with a substance called Urea or more commonly known as Ad Blue. The down side is that the useage rates depending on the type of driving can be quite high and all manufacturers are suffering from a high degree of break downs due to drivers not understanding how the system works.

 

 

Basically, in laymans terms, a warning light will tell you that you need to regenerate the DPF and this should not be ignored. You need to go for a 20 to 40 minute drive at a constant high speed to get it to burn off the soot. If this warning is ignored the car will shortly go into limp home mode and require a forced regeneration at a dealer which will possibly not be covered under the warranty as the driver has not complied with the operating instructions in the operators manual! You should not ignore the warnings you are being given, the car is not faulty, it's doing what it's designed to do.

 

 

Cars/manufacturers who are suffering from this at the moment are not part of the dieselgate scandal so the benefit is that you are actually driving an environmentally friendly car.

 

Doesn't the 20-30 run to burn off the DPF defeat the objective of having it in the first place?

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#8 & 9. Yes gentlemen, although the experts on here won't agree with me, this anti pollution malarkey is a multi million, possibly billion pound con. The motorist is footing the bill.

As said in relation to DPF (a totally unnecessary component) it dumps emissions elsewhere.

My cars were fitted with the "Eloys" system, and after the intervention of my MP, the maker published fuel consumption figures which showed a 4% increase in fuel consumption.

In the real world this increase was actually nearer 10% more fuel. So, in order to save a wee bit of soot we had to burn more imported fuel. Counter productive me thinks.

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Like a lot of posts on here this is a topic worthy of a long and comprehensive answer explaining all of the mis-conceptions surrounding DPF's and their often mis-understood operation, benefits and side-effects, some of which are mentioned above.

 

However, as there is only one other individual who would understand the post (you know who you are!) sadly, it's not worth it.

 

H

44 years at the pointy end of the motor trade. :eek:

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plus me too please. :!:

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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How do EU6 engines work in tradesmens vans and vehicles used primarily in urban areas?????

 

 

Well that's a good point Scania and there is actually an answer to this based on solid data analysis which won't go down too well.

 

 

Tradesmens vans as you put it are usually driven by drivers who might generally need some guidance on safe driving practices as it seems a lot of HGV drivers need now as well. Because of their driving style they can usually get the temperatures necessary for a DPF regeneration. However Mrs or Ms Domestic engineer to be politically correct will suffer driving the whinging brats 200 yards down the road to school. It's all a case of the drive cycle. Potter around town then it will be a problem, drive hard and fast it's unlikely to happen.

 

 

The point of my original comments is that in future when a buyer thinks that things have gone wrong they migh not have and to expect a significant rise in complaints in the future where the so called authoritative members of the site team seem to have a default resonse of SOGA or the CRA is your friend when in reality it won't be.

 

 

Even from brand new out of the showroom cars, the warning lights about DPF re gens can come up within 250 miles depending on the use the car gets.

 

 

The key to most of my posts on this subject is that buyers need to follow the guidelines and if they don't then there is a high likelihood of a DPF block now which will lead to a break down.

 

 

Then the buyer won't believe they have done anything wrong and will post on here which will be followed up with don't worry SOGA or CRA is your friend which in reality is a load of codswallop.

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Heliosuk, you know I have the greatest respect for you given your wide experience.

 

However, if I understand your post correctly,

you are putting the cart before the horse in that we drivers have to change to suit modern engine design.!!!!!!!!

 

 

Should it not be the other way round given the motorist is paying for the vehicle,

therefore the makers should provide what the punter requires.

 

I really don't want to hear any nonsense about makers adhering to Govt. emission regulations

as I firmly believe the car makers are powerful enough to tell the Woolly Hat Brigade where to shove their mis conceived ideas of pollution.

 

Many of these ideas are OK for the wealthy but no use for the person on limited income.--

--the much needed used car buyer.

 

 

An example of this is the carry on wherebye a car engine stops whilst in traffic / lights.

It then starts again as required, but constant use of this method will lead to far shorter starter and battery life---

--both fairly expensive items to replace.

 

There is of course a much wider political issue attached to this matter.

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Hi Scalia, no you've got it wrong. It,s not a case of engine design but of engine design having to meet environmental targets as set down by government elected by the people. ''Tis a bit like brexit in reality. You can engineer a product to comply with legislation but there comes a point when customer driving habits have to change in order to make it work. This is where it all falls down. What I find quite laughable about all of this emissions stuff is that when catalysts were introduced the amount of emissions they were supposed to reduce was drawfed by the amount of emissions generated by producing them! Hardly what one would call Value Design or Value Engineering.

And now we are told that all internal combustion engines in cars are to be banned by 2040.

Frankly, this is going back 100 years plus. Electrification technology is even more finite in terms of reserves as is relying on battery power whereas funding should be being directed towards hydrogen power as this is abundant and natural.

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Sorry my old China but I can't agree with the "Political" points in your post.

However, I do agree with the rest and would say that there are far too many electrics now especially on diesels.

Over the years, manufacturers have made huge improvements to the mechanical parts of a car but electrics seem far behind in the reliability stakes. Simple---don't fit them until they are perfected and replacement parts can be made more cost effectively. Yes, Hydrogen may well be the route to take but in the meantime I think my family are going into the horse breeding industry. This mode of transport was very popular 100yrs ago.

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I have a 3 year old Vauxhall Astra 2.0CDTI that had now just gone over 30,000 miles and has a DPF

 

In the last year i have done less that 3000 miles, My journey to work is only 1.5 miles and i have never had the DPF warning come on

 

Maybe once a month i go somewhere that involves going on a motorway and that seems to be enough to keep the DPF in check

 

I knew when buying it that i shouldn't have really have bought a diesel because of the small miles that i would be doing, So i was prepared to take it on a good run once a week to clear the DPF but that hasn't been needed

 

Maybe the Vauxhall set up is better than some of the others but it is a great car and i don't regret buying it

 

165bhp and £30 a year road tax, Great fuel economy, Whats not to love

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Don't know if this helps King but I tow a 17ft Elddis Cyclone 4/5 berth with a 92bhp Citroen Xsara Picasso.

Think van is rated at around 1175 kg.

I used to have the 110bhp version but got rid as I didn't like the idea of DMF, Eloys etc.

This smaller engine pulls the van quite well but it doesn't like long hills and lacks umph when overtaking artics on such hills.

There again, I'm never happy unless I'm in top gear at speeds of at least 50mph.

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