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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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Where do I stand with car repairs


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Good afternoon

I need some advice on who is responsible for getting my car repaired please.

 

I have a Skoda Yeti on personal contract hire.

My car suffered some minor damage to the o/s/r door at the beginning of May and at the time there was no other apparent damage.

The car was collected by DLG Autos Orpington on Tue 22 May and returned on the morning of Sat 26 May.

 

The next time I drove the car was on Tue 29 May when I drove to work when I noticed that that, apart from a small deep scratch on the driver's door that there was a knocking noise coming from the front of the car, I was about 2 miles from my house at this time. The knocking noise become louder and faster as the car got faster but abated when I took my foot off the accelerator

I turned around as soon as possible and took the car to the Skoda dealership.

 

I told them the issue and history of the RTA.

The dealership believe that the problem lies within the gearbox where 'something' has been forced or bent and has come loose, maybe chassis misalignment but so far are unwilling to carry out any further tests if the fault is due to the RTA, also I believe trying to shift emphasis/cause on to the n/s/f tyre that I had changed at the beginning of the month.

 

DLG Autos are unwilling to accept that the fault was caused by them as there is no other apparent damage to the car.

Well it came back with it and another scratch and a broken door guard so what else did they do to it?

My insurers Direct Line have upheld DLG Autos explanation and have closed the complaint (less the scratch that they will sort).

 

I need to know please who has responsibility for diagnosing the fault and repairing it?

The car had a full service, carried out by Skoda, in back end of April and was running as smooth as anything before DLG got hold of it.

 

Thank you very much

Edited by dx100uk
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I suppose we need to ask a lot of questions about how the contract works. Who paid for the repairs? Who chose DLG Autos?

 

As it is a rental car then normally speaking it would be the rental company who would be responsible for everything and they would then recover at least an excess from you.

 

You need to tell us a lot more

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Hi Bank Fodder. I far as as I know my hire agreement with Skoda covers normal wear and tear/planned maintenance. DLG Autos was allocated by Direct Line as their approved repairer. Direct line also insured the third party so I think they are trying to brush me off to limit their costs as they are picking up the bill for all of it?

 

 

I'm not sure what else to tell you?

 

 

Thank you very much

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I'm finding it very difficult to put this problem in perspective and so I'm at a bit of a loss to give any solid and directed advice.

 

There are two issues here – one of them is the damage to the car.

The second is the failure/damage to the gearbox.

 

I think it may be difficult to understand what further action to take until you get an independent diagnosis of the fault. It seems very strange that there could be a chassis misalignment with comparatively little damage on the exterior of the vehicle.

 

I think the only way to take control of this may be to find out exactly what is wrong and then you can start work out what chain of events may have caused it. To get an independent assessment, it may cost you some money. I'm not sure what else to advise at this point.

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Agreed, OP you're in a bit of a bind with neither garage preparing to investigate substantially.

But without that investigation you can't begin to know how the problem with the gearbox was caused.

So maybe ask Skoda how much they would charge to investigate the fault fully and produce a report.

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Good afternoon,

 

 

After logging a complaint with both DLG and Skoda UK my car is now repaired! Had a call from a lovely man in Scotland working for Direct Line complaints, who had their engineers talk shop with Skoda engineers and all was completed yesterday. All that now needs to be actioned is the small scratch to the door and that is being rectified on Friday. Cost to me so far £00.00. DLG say I should get the car back on 11 Jun, I may take it for a test drive before signing for it! Thank you all very much for your advice, it is very much appreciated.

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