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    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • 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      
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BMW Engine fail


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Hope some of you kind people can help

 

The Situation:

 

Last November my wifes BMW 1 series (worth about 5k) had a strange rattling sound coming from the engine. Did some research, spoke to a few people inluding a mechanic who did a quick check and thought it was probably the timing chain. Unfortunately on these cars it is metal and BMW never thought they would fail and the only way of changing it is to remove the engine.

 

All quotes coming in around £1200 - £1400

Spoke to a colleague at work which is 80 miles away who has a BMW and recommended a BMW Specialist that he uses and has been honest in the past. His quote come in at approx £1350, speak to the wife and decide to use them even though they are 80 miles away. During the work he says the oil pump drive chain is also shot and needs changing at an extra £100 or so which I tell him to do. He also told me all parts were guaranteed

 

Get the car back beginning of Dec and all was fine for 3 weeks and then just before Christmas my wife was on a dual carriageway to work and she said the oil light came on and the engine sounded horrible like a bag of nails. She immediately pulled over and and luckily I was only 1/2 a mile behind her so I pulled up we called the AA and basically the AA chap said it was very bad and could tow to a garage or home. We decided to get it towed home as they said it would be a few hours for a recovery vehicle to take it all the way to the garage.

 

The next day I went into the garage and told the owner what had happened and he seemed ok and said he could not do anything until he had looked at it which is fair enough. This was right before Christmas so I could not get it back to him at that time. Rang him last Tuesday and said when can I get it recovered to him and got the feeling he wasnt too keen to have it back but still said he needs to look.

 

After that conversation I decided to get a local BMW specialist to have a look and at least tell me if its fixable.

 

My dilemma now

The engine is completely knackered and probably 2.5k for a replacement and fitting

To properly diagnose what has caused the issue will be to remove the engine at approx £500

Cost of transportation to the original garage is £200

 

I understand that things can go wrong and it could be unrelated but we have never had any engine/oil problems with that car which we have owned for 4 years but I am sure this is something that has happened as a result of the work completed.

 

Do I get a full report and diagnosis done at £500 and then towed back to the garage for a further £200

 

Do I just send it back even though I know the engine is now completely shot and they say it is nothing related to their work

 

Do I write it off and swallow the loss.

 

I really hate the fact that I have just paid this garage £1500 and they have probably caused me to lose a further £4000 from the value of the car.

 

Just not sure what to do, car is currently sitting at the local grage. Help

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Just a shot in the dark, but these BMW have a oil sensor that gets easily disturbed and gives false readings when connected/disconnected for engine removal.

When this sensor gives false reading, you get oil light in the dash and engine goes in limp mode, make it sound like there's no power anymore.

Could be something as simple as this or maybe something more serious like a faulty seal on the oil pump that was replaced.

The mechanic should be able to rule out simple faults and get to the bottom of the problem.

Bear in mind that it could be something unrelated to the work you had done, like a faulty spark plug or any sensor getting the engine in limp mode.

I would let the garage have a look.

Or you could contact a mobile specialist first who could do a computer diagnostic at your home, just to see if there's something easily fixed.

This will cost you around £50.

If it was a VW/Audi, I could give you better directions, but you really need someone who knows BMW.

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Hi,

 

Thanks for the reply. The local garage has specifically said there is no chance the engine can be fixed and will need a new one. They also said that the only reason to get the engine out will be to pinpoint what has caused the failure. My issue is pinpointing the cause of the problem which will cost at least £500 as they will have to remove the engine, they have a very good reputation so I do believe them. Do I spend the £500 for a proper diagnosis hoping they can pinpoint the problem or do I send it back to the original garage knowing the engine is knackered but not knowing what caused it.

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Capital One

Won

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Exchange your council house for free.

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Did they run a computerised diagnostic?

What error codes are you getting if so?

A garage wanting to strip an engine to find a fault without running the diagnostic should be avoided at all costs.

We're not in the '70s anymore (unfortunately)

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BMW, Independent, Specialist, and Mobile should never be used in the same paragraph........................

 

H

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

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BMW, Independent, Specialist, and Mobile should never be used in the same paragraph........................

 

H

 

There are mobile mechanics who have the equipment to plug into the car and check for any error codes.

A simple sensor failure can get the car in limp mode, it does mean that you need a new engine.

The diagnostic is cheap and can't damage the car further.

My friend next door has the vag com for VW Audi (full version).

Surely there are mechanics who own the BMW equivalent.

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I don't think a Code Reader will help.

 

The sound of nails gives it away.

 

Not going to get into the 'Main Dealer or not' argument but a 'Mobile Independent BMW Specialist' might take three hours @ £34 an hour to diagnose what a Main Dealer will do in an hour. Do the math.

 

H

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

GARUDALINUX.ORG

Garuda Linux comes with a variety of desktop environments like KDE, GNOME, Cinnamon, XFCE, LXQt-kwin, Wayfire, Qtile, i3wm and Sway to choose from.

 

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To get back to the OP's actual question, you have paid the company and something has gone wrong. You need to get them to resolve the issue rather that "chalk it down to experience" unless you are happy to throw away £1300 plus the cost of a new engine; and if you are can you throw some cash my way too!

 

Get the car returned and get them to resolve the issue.

It is easier to enter a rich man than for a camel to pass a needle

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Thanks chaps

 

Sparks, I do not want to write it off, but should I pay for an independent report before it goes back at £500 or send it back to them without any backup knowing the engine is completely knackered and they may just turn round and say nothing to do with what we did guv

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I can see the dilemma. In an ideal world, the 'recommended' garage 80 miles away would agree to find the cause of the problem and fix it FOC. However as it's quite expensive even to diagnose will they be co-operative? They could take the car but then tell you it was something else anyway and as they have the car, how can you prove anything? So the options would appear to be:

 

1) Chalk it down to experience

2) Get an expert opinion as to the cause (costing £500?) and then possibly insist the 'recommended' garage fix it at their expense. They would probably baulk at paying the diagnostic fee arguing you should have returned it to them. They might want to oppose the 'expert opinion' in which case you'd be looking at taking them to court with added expense and risk.

 

On balance, rather than either option it might be best to return it to the 'recommended garage' to see what their response is. There is always a chance they will admit it was their fault or it could be a part failed in which case the garage might be able to claim from the part manufacturer.

 

Tough one!

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Cheers chaps but still not sure

 

£200 each way back to the original garage or chance £500 with new garage to try and find the cause

 

or save the money stick it on Ebay and hope I get somewhere near this , wish I had done this before I spent out £1500 :-x

*****************************************

[/url]

Nationwide

Won

Capital One

Won

Citibank

Part win

GE Capital

Won

 

Exchange your council house for free.

www.UseMyPlace.com

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