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ler01kjh

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  1. I currently own a Peugeot 307, and what I am reading is quite frightening. I have just picked up my car from the garage today, as I had a gearbox fault. Mine is an automatic mind you. It basically got stuck in third gear, twice. They say that the fault isn't on the log and they can't find any problem. So I will put it back in (with another day's inconvenience), for them to check thoroughly. Its still under warranty, but only until Feb 09. Before this, I had an anti pollution fault, a faulty "o" ring on the exhaust, plus two recalls (one for an engine temperature sensor, and another water ingress of the ABS system). Tiny issue still not resolved is a very annoying wrattling/squeek from the rear seat drivers side when driving on slightly bumpy roads. They oiled the seat latches but not gone away. Anyone had this at all? I wonder whether it's the passenger seat belt? Overall, pretty disappointed with my purchase. For £9k would have expected less aggro!!
  2. The terms of the order are: Upon the claimant and the defendant having agreed to the terms set out in the schedule hereto is is ordered that all further proceedings in this claim be stayed except for the purpose of bringing such terms into effect. Schedule The defendant do pay to the claimant the sum of £1500 on or before 4th January 2007. For the avoidance of doubt upon payment of the said sum on or before the said date, the defendent shall be discharged from all liabilities it may have to the claimant in the claim, including as to damages, ... and costs. The reason why I bought this case to court was that MFI failed to replace a faulty worktop within a reasonable time. They agreed it was faulty in March, and they ignored warnings I would issue proceedings. Several months later I issued a claim against them. They defended the case, but obviously sought to settle without a judgement. The judge ordered a stay after allocation, but MFI refused to talk. At the hearing the judge commented positively on our claim. The cheque was received on 8th Jan and so I rejected the cheque since the terms of the consent order were not met. I had already contacted the court prior to 8th Jan to re-start proceedings.
  3. Hi there, I wonder if you could clarify something for me.... I was reading the section you wrote about Tomlin orders. It all makes a good deal of sense as I was recently in court with MFI. We settled out of court, and their barrister put together a Consent order - is this the same as a 'tomlin order'? The judge approved it, but following this MFI haven't paid up on time. I wrote to the court to ask them to give guidance on proceeding with the claim. In the meantime MFI have sent a cheque, which I returned. They have said they reserve the right to show correspondence to the court in respect of dealing with costs of any further hearing. Can you tell me - would I be liable for costs of a further hearing? To me, I think they would find it hard to claim unreasonable conduct when it was them who failed to fulfil their side of the consent order. Secondly, is it possible to settle once more i.e. for more money a second time around? Any comments greatly appreciated! Regards, Kris
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