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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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      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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Nearly 3 weeks ago I was involved in a slight rear end shunt. (Someone ran into the back of me). Drove car home.

Informed insurance who arranged collection to garage. They came and drove car to garage for assessment.

 

Four days ago, garage rang to say 'the con rod has been put through the block and the engine has a hole in'. (Why did they wait 2 weeks to inform me of this?). I had no idea what that meant but now I understand its pretty MAJOR. Also, theres no way it could have been done at the time of the accident, as it could not have been driven.

 

Garage are denying responsibility. Insurance are denying liability.

Insurance want me to pay to have car transported to a different garage for assessment to engine and take it from there.

 

Where do I stand? Please HELP?

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On what basis are insurance denying responsibility?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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How old is the car, what make model, and mileage?

 

Must admit, on first reading, sounds like wear and tear....

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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This is a tricky one.

 

I completely understand your concern. It seems like a massive coincidence that the car has gone into the garage and completely wrecked the engine. However, the chances of the garage having caused the damage (and, incidentally, the initial crash having caused it) are extremely small.

 

To my mind, it sounds like disastrously unluckiness, but probably is a mechanical failure not brought about by mechanic negligence.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Bear in mind I am not a mechanic - just giving my laymans view, so I would await further input ;)

 

Have they repaired the engine yet, I assume not?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I disagree, about co -incidence; con rods just dont fail at low revs or speed; if car was delivered to garage and engine was ok at the time ( no knocking or noise ); the problem must of occured there by overreving or some other mis-use, very suspicious to me. have you done a check on the mileage, when handed to garage and since the damage. It has been known for garages to borrow customers cars! check where and when this happened out on the road or in the garage? If out on the road why and where were they driving it!

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I would ask for a written report/statement from the garage, explaining the exact circumstances and location when/where this occured. Engines these days are pretty strong and 100k is not really that much.

Depending on the report; you could get an engineers report on the engine to see what the probable cause was, abuse,faulty part or even normal wear and tear.

suspicisous because con-rod would not break just moving a car around the yard.

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Good idea that man ;)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Thats why you need a report, what were they doing with it to get it that hot or run for any length of time for this to occur! were there any warnings; low oil light, high temp on gauge, knocking etc, before bearing seized, if it was that!

Could be a manufacturing fault, but why was it being put under stress?

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every hole in the block i have ever seen has been caused by oil starvation, and in every instance it happened due to the engine being driven with no oil in it continuously, and all happened at fairly high revs,

not the kind of slow speeds a car being driven around a bodyshop would do.

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If the con-rods gone through the block I would say it's more than likely that the engine was out of oil.

 

when engines run out of oil a loud knocking can be heard from the bearings, this can last a few hundred mile until they eventually go bang or sieze solid, most likely been over revved or just pure bad luck, as it happened in the garages posession when it went in for a bodywork assesment then they should be accountable.

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when engines run out of oil a loud knocking can be heard from the bearings, this can last a few hundred mile until they eventually go bang or sieze solid, most likely been over revved or just pure bad luck, as it happened in the garages posession when it went in for a bodywork assesment then they should be accountable.

 

A few hundred miles? Your joking a few hundred yards if your lucky.

And what "goes bang"?

The rod through the block.

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A few hundred miles? Your joking a few hundred yards if your lucky.

And what "goes bang"?

The rod through the block.

 

have had many a car with big ends knocking for a couple of weeks, as i said a "few hundred miles"

and yes result can cause rod through the block, but often there are plenty warning signs first. P.S Have been a mechanic for twenty years and now work on wrc rally cars, if that qualifies to make a judgment !

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have had many a car with big ends knocking for a couple of weeks, as i said a "few hundred miles"

and yes result can cause rod through the block, but often there are plenty warning signs first. P.S Have been a mechanic for twenty years and now work on wrc rally cars, if that qualifies to make a judgment !

 

 

So you're saying you can run a Honda 2.2 TD with no oil in it, and it'll do a "few hundred miles"

I don't think so, but maybe I'm wrong.

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"Honda" and engine failure.....In the same sentence? A diesel engine by virtue of it's design (unless the governor is faulty) cannot be overreved...You would need to select the wrong gear to exceed the engine makers conservative limit. A pound to a penny some filthy little scrote in the garage thrashed the pants off it on the way to the garage and missed 5th and got 3rd!

Why the long face Horsey?

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have had many a car with big ends knocking for a couple of weeks, as i said a "few hundred miles"

and yes result can cause rod through the block, but often there are plenty warning signs first. P.S Have been a mechanic for twenty years and now work on wrc rally cars, if that qualifies to make a judgment !

 

I'll agree with you entirely on the above points..... Working on WRC cars is great fun! till the kiddies come along and wives tend to not want you gadding off around the world having fun :D

Why the long face Horsey?

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I'll agree with you entirely on the above points..... Working on WRC cars is great fun! till the kiddies come along and wives tend to not want you gadding off around the world having fun :D

 

looks like you have the T shirt as well, I used to look after a boys vauxhall rally car for him so have had plenty of experience with big ends and conrods through the block, ha ha, Back to the point though, I was meaning the engine will last once you have realised that it was out of oil then put some in, not running it with no oil, sorry should have explained myself better..

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  • 1 month later...

This has STILL not been resolved.

 

The rear end repairs authorised by the insurance co. straight away have not been carried out.

 

Insurance co. say 'it's still being looked into' ??

 

If the engine needs to be replaced they may just write it off.

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