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    • gives them a feeling of grandeur. dx  
    • yep they can be a bit like the TV licencing lot. for 4yrs ive been getting a series of about 8-10 diff letters that just go round a loop. currently upto 61
    • thread tidied. new thread for the court claim is here  
    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? lowell Solicitors : Overdales solicitors  How many defendant's  joint or self ? Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? 1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits) 2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. 3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Do you recall how you entered into the agreement...On line /In branch/By post ? Online but it was for a smaller amount they kept on increasing this with me asking 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. It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor? Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment? May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
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    • We have finally managed to obtain the transcript of this case.

      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.

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