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    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
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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.

      Frankly I don't think that is any accident.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Car Checkers Dodgy Inspection


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My sister bought a SKODA FABIA 1.2 (64), 07 plate. She had it inspected by car checkers who tell me they only can check things that are visible with the naked eye. It turns out it had an accident on the front where the powersteering components are. They told us it had an accident but that repairs were of a commercially acceptable standard.

 

 

Her power steering failed while driving having only had the car 6 weeks! An "independant" report commissioned by car checkers states the following, but really I dont understand all of this. I am particularly concerned that a Skoda dealer has given them info when its their policy not to (also they havent sourced the dealer in the report). Does anything appear to incorrect about their statements.

 

I have been told by my garage that screws absent from the wheel arch are part of the repair job (they are covering the area that was repaired). They also said the repair was of a very poor standard. Any info about this report or advice would be GREATLY appreciated.

 

Does anyone know how to attach pdf of the orignal report??

 

It is suggested that screws absent from the L/H front inner wheel arch moulding would have been justification for further investigation to have been recommended in the initial report and the steering pump damage could then have been indentified.

I have been instructed to investigate this claim.

 

 

1. WHEEL ARCH LINER

The L/H front inner wheel arch liner is constructed of a stiff moulded plastic material and is securely located into the folded flanges of the wing. Many of the fasteners are in place expect the 3 forward screw fixings clamping the liner to the wrap around front bumper section. The liner is of the type that folds under the front portion of the wing creating an additional closing panel from the elements.

Although it is possible the pull part of the liner away from the wing flange, it is not possible to get full access without removing further fasteners. Additionally, although the pump is partially visible, it appears to be in very good condition and would give no reason for further investigation. It is also possible to feel the casing by partially placing a hand into the opening and feeling around the casing, but again found no irregularities to suggest damage.

2. STEERING PUMP

The pump however, is also partially visible from the underside of the vehicle although shaded by the undershield that wraps around the front panel and around the underside of the L/H front chassis area. From this position, it is possible to see minor surface abrasions and minor undulations to the pump casing.

3. ELECTRONIC CONTROL UNIT

With assistance from the garage engineer (Mark) it was pointed out that duck tape and silicon had been used to repair the electronic control unit attached to the chassis leg and that the multi pin plugs had been damaged. The electronic control unit had a group of pins protruding from the underside of the unit. These were free standing with no plastic socket surrounding them (missing). However, with the cable counter part connection pushed over them, this could not have been seen and was only identified with the connection removed. This also includes a layer of white silicon sealant that covered the surface around the pins. The control unit also has a black pigment casing and black duck tape neatly applied to its underside seams. A small portion of the white silicon sealant is only partially visible with the plugs in place and appears remarkably like a small portion of white masking tape. It is not uncommon for manufactuerers to use black duck tape like this as additional protection against the elements therefore not causing immediate concern.

 

 

 

Further discussions with the local main Skoda dealer, minor surface damage

to the casing is insufficient to cause concern as the casing is reletively thin

and of a pressed steel material. Damage similar to this can be sustained during normal removal and replacement and not indicative of potential failure or

otherwise. This is providing the steering assistance is fully functional and the warning light exstinguishes on starting.

 

 

Rectification:

The steering pump will require replacement including the adjacent electronic control unit.

 

 

 

 

Conclusion:

In the engineer’s opinion, the fixing screws missing from the L/H front inner wheel arch liner is no indication that further damage should be suspected or investigated. The pump markings are equally not sufficient to warrant remedial attention. The steering was also believed to have been fully functional and the warning light extinguished on starting. This is sufficient evidence to indicate no pending problems. The only reported common failure of these pumps occurred between 2000 and 2003 models and since then, they have proved reasonably reliable, but not infallible.

The broken electrical connections cannot be seen until they are disconnected.

Furthermore, damage to the electronic control unit could only have shown a small white mark (now known to be silicon) could not have been considered detrimental as it is partially concealed by the black duck tape making its appearance very similar to that of white masking tape. It is not unusual to see masking tape in peculiar areas on repaired vehicles of this type. In the absence of any relevant electrical defects, it would not necessitate further attention.

The current fault with the power steering would not have been evident from a visual inspection

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JUST TO SURMISE: I BELIEVE CAR CHECKERS ARE LIABLE, THEY CHECKED THE CAR IT WAS BOUGHT FROM A PRIVATE DEALER. HOWEVER...

 

In the report before we bought the car they told us it had an accident but that repairs were of a commercially acceptable standard. They also put the extent and nature of the repairs is undefined... this i believe to be "unfair" under contract law (and it is certainly a pointless report).

 

 

Also (and this more more solid) surely missing screws should have been highlighted in the report? These are visible with the naked eye and cover up the botched repair!!

 

On their website they say "For people who are confident to carry out basic checks on cosmetic appearance and bodywork themselves but need Peace of Mind on mechanical, vehicle operations and previous accident damage checks" . They told me that they dont remove things and only do visual checks and that these screws dont warrent further investigation... I think they do because surely it is a reflection of the repair quality as it had to be removed to do the repair. They guy claims screws are cosmetic and now this "expert" reckons it didnt warrant fiurther investigation even though my garage said it did (given it had a knock and repair done there).

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What is the failure of the steering pump?

 

It could be that the belt has broken or the fluid is low, so you need to expand on that.

 

As they say beforehand and in their literature they do not remove anything in the examination, then they would be justified in not removing the wheelarch liner. So if the pump is not really visible without removal they can't report on it.

 

This is similar to the MoT examination where the examiner is not allowed to remove any parts, consequently cars that have side skirts could have completely rusted through sills, and even be in a dangerous condition, but the examiner would not see this unless the rust extended past the skirts.

 

If they were meticulous however then they should have noted 'fixing screw missing'.

 

Manufacturers do use duck tape as a means of further protection and use silicone grease and sealer on electrical connections to protect them from the elements.

 

Although mechanics are usually pretty good judges of repair work, they are not really qualified to give a binding judgement on the quality of bodywork repairs. You would need to take it to a body repair shop to be certain that is is 'not' of commercial acceptance.

 

Is the seller the previous owner? and if so how long have they owned the car?

 

If the seller is not the previous owner, then ring them and ask what damage was done to the car and did the insurance pay for repair.

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Its a 1 year old car and there were 3 screws missing. The engineer at the garage said he should have seen them given a repair had been done there??? Its a 1 year old car so no rust....

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So what are you actually asking here.

 

Do you believe that the vehicle inspector is liable for the steering pump, are you wanting them to pay for repairs, or are you just worried that they never reported three screws were missing.

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So what are you actually asking here.

 

Do you believe that the vehicle inspector is liable for the steering pump, are you wanting them to pay for repairs, or are you just worried that they never reported three screws were missing.

 

 

Yeah I think the inspectors are liable. If we knew screws were missing from the repair we would have asked more questions or got a mechanic to look further. Also i cant see how they can say in their report that the repair was commercially acceptable when it wasnt, even if their report says they dont know the full extent of the repairs, why say it in the report? Its a redundant statement.

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They gave it a visual inspection only so could not comment on the steering pump in any way mechanically. It was not until six weeks later that it failed.

How did it fail

 

Three screw missing from the wheel arch liner had no effect on the car or the pump. Yes maybe he should have written down 3 screws missing, but that is all he would have been able to say.

 

He noticed that there was some repaired damage and judged from what he could see that it had been repaired to an acceptable standard commercially.

I don't see what else he could say from what was visible. If he hadn't reported it at all and you found it then there would be reason to complain.

 

Your beef is with the seller, not the inspector. You need to go back to the dealer that sold it and ask them to replace the pump.

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I think the original poster is suggesting that although the inspection was 'visual ' he should have noticed that screws were missing from the inner wheel arch and concluded that possibly some repair work had been done so that should have prompted him to investigate further ( after having suspicions aroused by the missing screws ) and so would have possibly found the fault with the streering ?

Either way your contract is with teh supplier of the goods

Edited by Skatts
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I think the original poster is suggesting that although the inspection was 'visual ' he should have noticed that screws were missing from the inner wheel arch and concluded that possibly some repair work had been done so that should have prompted him to investigate further ( after having suspicions aroused by the missing screws ) and so would have possibly found the fault with the streering ?

Either way your contract is with teh supplier of the goods

 

It was a visual inspection only so even if he did notice three srews missing he wouldn't have removed anything to check and a visual check of the steering pump would not give an indication of its mechanical condition.

The pump did continue working for six more weeks after inspection.

 

The op isn't giving much detail and hasn't said how the pump failed. It can be not working because the fluid has dropped because of a leek in a boot on the rack or something similar.

 

When you buy things in a boot sale you can't tell just by looking at it that it is broken or will break in six weeks time.

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  • 1 month later...
It was a visual inspection only so even if he did notice three srews missing he wouldn't have removed anything to check and a visual check of the steering pump would not give an indication of its mechanical condition.

The pump did continue working for six more weeks after inspection.

 

The op isn't giving much detail and hasn't said how the pump failed. It can be not working because the fluid has dropped because of a leek in a boot on the rack or something similar.

 

When you buy things in a boot sale you can't tell just by looking at it that it is broken or will break in six weeks time.

 

 

Sorry to bring this up again but I just cant see how a company can say the repair was commercially acceptable if they only did a visual check! That statement made us buy the car!!!

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Sorry to bring this up again but I just cant see how a company can say the repair was commercially acceptable if they only did a visual check! That statement made us buy the car!!!

 

Who is saying it is NOT commercially acceptable?

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You can always test this in court if the inspectors are liable, but you could lose?

Anyway I pressume it has been repaired and the car is now working ok?

If you have any other major problems then reject the car.

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Show me a car that doesn't have screws missing from the wheel arch liner. They are normally plastic screws held by plastic captive nuts and normally when removing a liner one or more gets ruined.

peter123 you complain that the company only did a visual check of an accident repair, but if you think about it, what other type of check is there?

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  • 3 weeks later...
Show me a car that doesn't have screws missing from the wheel arch liner. They are normally plastic screws held by plastic captive nuts and normally when removing a liner one or more gets ruined.

peter123 you complain that the company only did a visual check of an accident repair, but if you think about it, what other type of check is there?

 

 

This may be but then as the solicitor (a friend of my father's) said to me screws are screws, and what is the point of a visual check if they dont point out there are missing screws.

 

Apparantly screws missing from a plastic covering on an area known by the inspector to have had accident damage/repair should have been included on this report. He said it is really that simple.

 

I need some more information from this company but then he said he will take it on and get his own "report"... he is a family friend so will do it for free (we just have to pay for the report-which will probably cost a bomb).

 

I think my old man is doing it for principle more than the money though!

 

Anyway thanks for the advice everyone...

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