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    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
    • Please see my comments in orange within your post.
    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.   House or Flat? Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Again, points as above. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Redact and scan said evidence up for others to look at? Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. So this is dealt with then. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
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      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.

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Garage refusing to quote before starting work


kc89
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Hi, I took my car in to a local garage to repair an oil leak around 2 months ago.

 

From what the garage have told me, it looks like there was an oil leak on the car previously which had been badly repaired. It appears that the engine ran low on oil at some point and I've now been told I need a new engine :|

 

The garage told me they would try to find a replacement engine but after waiting for a couple of weeks, I tried to find one myself.

 

I've been able to find a reconditioned engine with 12 months warranty which can be delivered to the garage.

 

I've confirmed with the garage and engine supplier that all required parts will be included etc.

 

The problem is that the garage is refusing to provide me with a quote (or even estimate) for the work until they have the new engine delivered.

 

As I have no idea what it could cost to fit the engine, I'm a bit hesitant to place the order for the reconditioned engine.

 

The old engine has already been removed so I'm unable to move the car from the current garage.

 

My only other option is for the garage to put the old engine back in the car and take it elsewhere, but this will still mean paying £600 labour for the old engine to be put back in the car.

 

Is it unreasonable to ask for a quote (or just an estimate) before paying for the engine. I'm a bit concerned that the garage could charge any amount and leaving me with no choice but to pay.

 

Any help would be appreciated.

 

Thanks.

Edited by kc89
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Put the car on a trailer/towing dolley along with the engine.

 

Certainly won't cost you 600£!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I would imagine that they are wishing to see the new unit before quoting in order to see what ancillary equipment, alternator, power steering pump, air con pump etc needs to be changed over, which would affect the time required. When you say that both the garage and supplier of the replacement confirm that all parts needed would be included, I imagine that this related only to injectors, oilfilter, spark plugs (if petrol).

 

I can understand the reluctance of the garage to quote (legally binding figure) if they are not sourcing the replacement from a regular supplier with known preparetory work. The replacement could easily have no flywheel or ancillary belt pullys fitted

 

Remember that you will still be responsible for the time alreading spent in removing the engine for diagnosis, even if you did have the vehicle towed to another garage.

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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I don't know why some garages have an issue with offering quotes? After-all they are only estimates and can go up, and in some cases down. Main thing is that the customer is kept fully in the picture at all times.

 

We used to own a few garages over the years and often we would be asked for a quote to fit an engine which the customer wanted to provide themselves. We always gave them a quote based on the engine being complete and in good working order but we offered no warranty on the second hand unit as we didn't provide it. We would always assess the condition of the engine when it arrived and BEFORE carrying out any work, if it needed any new components we would always ensure the customer fully understood the costs etc prior to carrying out the job. Made no sense to keep anything from the customer as we wanted the work, also never made sense to carry out any work which the customer had never agreed to. Understandable that any customer would want an estimate before committing to anything, and so we always made it as easy as possible for them to make the decision, and if the job took longer than we estimated, then that was our problem. Likewise, if they decided not to have the work done because it was too expensive then so be it, saved everyone hassle and no need to chase them for payment when they couldn't afford it after all the work was carried out.

 

Key to it all is to work with the customer to get the job done and everyone is happy. If they can't offer you a quote without seeing the engine (based on it being in good condition) then go to another garage.

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quite. an estimate is an estimate subject to. and shouldn't be a prob in most cases.

as you say if things change then they should let the customer know. time spent though wld usually be chargeable.

thing is, afaik legally, a garage agreeing to use customer supplied parts etc wld be under the same statutory legal obligation (re fitness etc) as if the garage sourced the parts themselves etc for use?

hence why they would need to inspect first to be satisfied that the customers supplied parts etc are fit/satisfactory etc.

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I've never heard of any garage warranting a customer supplied part, I think only the parts supplied and work carried out by the garage is warranted? I might be wrong but I doubt any garage would carry out such work if that were the case because there are plenty of unscrupulous characters out there who would supply their own known cheap damaged engines etc and plead innocence when it doesn't work and hold the garage responsible for the repairs. When we offered a quote and the customer supplied their own parts, we always stipulated on the quote and invoice that we would not be responsible for the parts supplied by them, thus the customer always knew in advance where they stood. If they didn't agree to those terms then we wouldn't carry out the work and nobody looses out.

 

Basically if a customer bought an engine or gearbox from another supplier, then the contract of sale is between them and usually most suppliers offer a 12 month guarantee with the engine/gearbox. We wouldn't warrant someone else's engine because although you can spot a few issues when looking over it, it would not be possible to know if it is in full working order until it is fully fitted and up and running, that was a guarantee the supplier offered, especially if it was a reconditioned unit. If we sourced a second hand engine/gearbox from a supplier on behalf of a customer and fitted it, we would be fully responsible.

 

All our parts were bought from major motor factors and so if there was an issue we could refer back to them as they would guarantee the parts because the contract of sale is between them and us, not the customer.

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