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KVF

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Posts posted by KVF

  1. It was mentioned he wasn't sure if it had a dual mass flywheel but that was as far as it went when I dropped it off - it was then returned to me with the new clutch and MOT so I obviously expected the clutch to be good for another 80k ish. When the vibration started I thought it was a UJ on the driveshaft as changed one of those a year or so ago so it made sense that the one at the other end of the shaft would fail. But it was the flywheel. I just would have expected it, since the gearbox was removed at the time, to have replaced the flywheel at the same time if 80-90k miles is their typical life or if it was looked at then I would expect less than 12 months later that it fails and takes the clutch with it. As a non-motor engineer with limited experience/knowledge I feel it's a lack of due care not to have either replaced it or inspected it.

  2. Hi, need some advice. My vehicle had it's clutch replaced for the first time one year ago after probably about 85k miles at the same time it was MOT'd.

     

    In the last week vibration had started and a noise when the clutch was depressed. Took it back to the garage and they said it sounded like the flywheel. They've now taken it apart and the flywheel is down to it's mounting bolts apparently and so needs replacing, but with the 'bits' whirling around damage has been caused to the new clutch causing 'adnormal' wear.

     

    The MOT expires on 5th March so the clutch was replaced within the last year (just).

     

    I'm being asked to pay for yet another clutch, which isn't cheap. Is this just hard luck or should the flywheel have been replaced/had more attention paid to it at the time?

     

    It's a 2006+ Ford Ranger 4x4, one of the first of the new ones so it had a new engine but I think an older clutch or gearbox.

  3. Consumer Credit Act 1974 (the Act)

    Complaint Against: Lowell Portfolia I Ltd

    Licence No: 544015

     

    Thank you for your email received on 11 December 2012.

     

    I can confirm that the business you mention holds a consumer credit licence. Under the

    Consumer Credit Act, holders of consumer credit licences must be fit and competent

    to do so and the Office of Fair Trading (OFT) has a duty to monitor the fitness and

    conduct of all traders who hold such a licence.

     

    The OFT has issued guidance to consumer credit licence holders engaged in the debt

    collection industry. The guidance is intended to ensure that debt collectors treat

    individuals fairly. Non-compliance with this guidance will call into question the fitness

    of licence holders and applicants. You can view our guidance at:

    http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

     

    We have therefore recorded the details of your complaint, and we will consider this

    alongside any other complaints we have received with a view to any consumer credit

    licensing or other action we may decide to take. If we do take any action against this

    trader we may need to contact you again in the future. Unfortunately, we cannot

    disclose any details about any action we may take, due to legal restrictions on the OFT

    relating to disclosure of information.

     

    While we are very sorry to hear about the difficulties you have been experiencing, the

    OFT has no authority to become involved in individual disputes between consumers

    and traders so we cannot advise you directly in this matter.

     

    The Financial Ombudsman Service can help with most complaints about consumer

    credit products and services if the consumer has failed to satisfactorily resolve the

    matter directly with the consumer credit licensee itself. The Financial Ombudsman

    Service can be contacted at:

     

    The Financial Ombudsman Service

    South Quay Plaza

    183 Marsh Wall

    London

    E14 9SR

     

    Telephone: 0800 0234 567

     

    The OFT has published a consumer guide about debt collection which you may find

    helpful. The guide can be viewed on the OFT’s website:

    http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/oft1299.pdf

     

    Thank you again for writing to us and bringing this matter to our attention.

     

    Yours sincerely

     

     

     

     

     

    Danny O’ Sullivan

    Enquiries and Reporting Centre

    Office of Fair Trading

    • Haha 1
  4. You should continue (report the latest letter from Hamptons to the OFT as it could mislead the uninformed that court action WILL cease) and claim your costs in court.

     

    Can you rephrase that please - not sure what you mean. I have reported the letter to the OFT but should I advise the court of the letter or simply await the next hearing when they may then produce something...

  5. Your account is currently held with BW Legal. Please be assured we have contacted them to hold any further action on your account until the requested documents have been provided.

     

    We trust this is satisfactory.

     

    Any suggestion what this might mean? Petition hearing was adjourned until the first date after 4th January but this letter is dated the same date as the hearing...

  6. Ok an update. Was in court and their rep came to see me before we went in, referred to my communication back in October that the debt was Statute Barred and wanted to request a 56 day adjournment so they could access the information from the original creditor.

     

    The judge certainly paid attention to the fact that no information had been provided in almost two months, and confirmed that a statute defence was worthy, and that I shouldn't be subjected to this sort of action, however because I hadn't replied to the original Statutory Demand, he was minded to allow the petitioner time to get the records from the original creditor. He was not minded to give them 56 days however and it's set for the first available date in the new year (mind that might well be 56 days anyway by the time it comes up). He also told them to 'get their act together' and either produce the documents for the next date or withdraw the application.

     

    With hindsight I perhaps should have argued that the petition should be dismissed regardless, since even if it turns out it's not statute barred, the debt was substantially disputed going back to 2002 on a number of grounds and this would require a trial (county court claim) to resolve. My understanding is insolvency procedures are for people who can't or won't pay. My refusal to pay originally stemmed from the original dispute and until a court orders in their favour i'm standing my ground. But the judge was summing up at that point and hindsight is a wonderful thing.

     

    I have today however received a letter from Hampton's regarding my CCA request to Lowells's using the template request on this forum. This is dated the same date as the court hearing I just attended and reads:

     

    We acknowledge receipt of your recent correspondence (9th November - not very recent) the contents of which have been duly noted.

     

    We can confirm that we have contacted the original lender for copies of the agreement and statements for your account.

     

    Please note there is no legal obligation that states we must send this information within a certain period and we advise that as we do not hold copies of these documents within our offices we cannot state a time period in which these will be received.

     

    Your account is currently held with BW Legal. Please be assured we have contacted them to hold any further action on your account until the requested documents have been provided.

     

    We trust this is satisfactory.

     

    Any advice in the meantime or simply await the next date and see what they produce?

  7. Why not ask for it back and if that's not possible ask for a contribution towards a replacement.

     

     

    If they still have it I will be happy to have it back, but one doesn't expect to have to check up on the work done by a garage and so I didn't look at the time. I have a six monthly diary note to check the filter and this is when I saw it wasn't there any longer

  8. K&N filters aren't a new to the market item that motor engineers wouldn't be aware of, they have been around a LONG time and I wouldn't have expected it to be changed unless they had checked with me first - they are designed to be cleaned not thrown away and replaced with paper ones.

     

    It's not paper, it's a lifetime replacement for the paper one, clearly marked as being K&N - I wouldn't expect it to be removed.

  9. I would guess that with the number of air filters manufacturers fit to vehicles, the extra cost would soon add up, not to mention the manufacturer makes a profit on every filter it sells whereas fit a third party manufacturers filter and it is the third party making the profit.

     

    Likewise why do they make a 2 litre, 2.5 and 3 litre diesel engine for the same vehicle - why not just make the 3 litre - after all it is more fuel efficient because it it ticking over to do the same work the 2 litre has to work hard to do.

     

    And why on the 2.5 litre engine do they choose to give three power options - 90hp; 115hp or 125hp - it's the same size engine - why not just make it the best that it can be?

     

    Kenlowe cooling fans are another money saver - again a third party.

     

    But my question was if anyone had had a garage remove lifetime parts and replace with inferior, not how they feel these parts perform.

  10. Hi

     

    I had my vehicle serviced by a garage. It is, or was fitted with a K&N air filter - which is a lifetime filter which just needs to be cleaned. It's supposed to give increased performance & mpg.

     

    I checked it today and found it to be replaced by a throw away filter :mad2: so I have a £48 filter missing and was no doubt charged for the inferior part they replaced it with.

     

    K&N filters have been around for along time and are clearly marked up, so I assume a young inexperienced mechanic/trainee was doing the service and hadn't been told to look out for them.

     

    I've emailed the garage today to see their response - has anyone come across this before?

  11. I've had this happen twice. New tyres fitted all round to a van and the next day there was an odd noise, I looked in the mirrors, the wheel didn't look right as as I pulled into a layby the wheel dropped off and there was a row of nuts up the road behind me. Problem is the invoice, not that anyone reads it, does say that you should check your nuts after 20 miles. Whether they correctly did them up and torque set them I don't know and I think it would be difficult to prove.

     

    Last time it happened I didn't even have an invoice as hadn't been charged - had a slow puncture, or so I thought so dropped into a garage. They had the wheel off, dropped it in a tank of water but no visable air leak hence nothing they could do, so they dropped it back on. Not much attention seemed to be paid to putting it back on but I'm a belt and braces person so when not much tightening force was applied I just thought well they're the pro's. Few days later wheel dropped off.

     

    Both times no damage was caused, just lost a couple of nuts so had the inconvenience of sourcing new ones.

  12. Or send copies to both. My previous experience of Lowell is that they don't appear to deal with correspondence, so BW Legal may be none the wiser, just continuing on.

     

    My understanding is that they cannot enforce whilst they are in default of supplying a copy of the original contract, so writing to Lowell's seems the best option. If they fail to produce then BW Legal can't enforce.

  13. Even if he had paid via PayPal - motors as I understand are outside of buyer protection. I know because I was I felt mislead on the description of a vehicle (used daily but having problems starting with full service history - I found out later that it was used daily and serviced regularly until over a year earlier when the starting issue happened, and then it had been parked in a field since and left so it had more than the starting issue, it was rather holey in the sills). Reread your advertisement and ensure you've described it accurately, if so, I would do nothing further.

  14. I think bailiffs act quite quickly. I had an unpaid pcn a few years ago and unbeknown to be, they came out the night before and stuck a notice on the windscreen when it was parked on the drive, which being in the house I didn't see, then the following morning because I hadn't got in touch with them they came again (another fee) and put a clamp on it.

  15. The CCA request is here - CCA-request-letter it only applies to credit cards / loans / hp credit - you need to send it recorded delivery with a £1 postal order. It goes to Lowells and they cannot avoid their durties under the Consumer Credit Act to provide this agreement, if they don't then the debt is unenforceable whilst in default.

     

    I already have a copy of the agreement, or is this simply a £1 gamble to see whether they can produce it or not within the timeframe?

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