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    • Well if you want to go ahead then we will support you. I suggest that you try to get in contact with one or two or maybe even three mechanics who are familiar with this kind of turbocharger and are prepared to give you – even just a note in writing to say that if they are incorrectly fitted in this way then a blown gasket is a typical consequence. Also, I suggest that you photograph it – good photographs – to show the bolts, indicate how they were incorrectly fitted before. If you can take a picture of the gasket line to show how the gasket had to be compressed by the correctly fitting bolts. I think the fact that you drove around with it for a bit is not really a problem – especially as they were fobbing you off. I think you need to write all of this down in a statement. Write down a concise statement of what happened, – with the pictures to illustrate what you are saying. Why you continue to drive it – because you needed it for work et cetera but how you made attempts to deal with the garage and they simply rebuffed all of your approaches even though you are a customer of theirs and it was clear that they owed you a continuing duty in respect of the work that they had undertaken. It is clear that the work they carried out was not carried out with reasonable skill and care – as per the consumer rights act and so therefore they are liable for all of the consequences which flowed from that negligence – and the blown gasket is typical.  
    • good Morning and HNY CAGGers!   i hope that you are all doing well considering the situation.   I never beleived that it would simply go away but its been a while since i heard from the parking charges.   This morning we received a Letter of Claim from CST Law for both of the parking charges for £160 each.   we have 30 days to respond before they go legal!   Pleae can someone advise where to go from here?   Thank you
    • Unfortunately the garage manager, helpful as he is, doesn't want to be drawn into court cases etc. So would rather not make a statement.   He said they have basically installed the turbo using the wrong screws. So it has worked it's way loose causing damage to the gasket. I have the gasket and the screws.   It was refitted using correct screws from ford.   They have said iv have driven my van for 6 months before complaining. I had no choice and was complaining in the meantime and being fobbed off.   There was also a short period when the screaming stopped. So obviously I just let it go, as I was very busy at work.   So In between being fobbed off, being busy at work, inconvenient times, short period of no screaming, and realising that I need to take action and what I was going to do about it, 6 months elapsed.   Is the 185.01 my only loss? Mediator says they have said its my only loss as the 480 I'm claiming for paid for the installation of the turbo. And this would of had to be done anyway  
    • I've just spoken to the independent garage who repaired the turbo. The told me the turbo was poorly fitted resulting in the gasket burning. So the initial installation was poor. It's not about the money, it's about the principal. I don't really need the money - or the stress of a court case. But they have handled me poorly and I'm very unhappy about it. I think I will proceed.  
    • Yes it's a bit of a journey. They didn't offer this £185 at the beginning did they? It's absolutely correct now that it will depend on evidence. You will have to be able to persuade a judge that the gasket failure was the result of a poorly fitted turbo. You don't have to provide 100% conclusive evidence. You simply have to demonstrate that it is more likely than not that there shabby fitting of the turbo resulted in this additional damage. I would have thought that it would be fairly easy to persuade the judge of this because clearly they have been negligent and so the consequential damage I think is absolutely foreseeable and the judge will tend to go with you. However, I think that you would need a statement from your contact who would say that it is likely that the gasket blew because of the poor fitting of the turbo – or else that your contact would say that a gasket failure would be the typical result of a fully fitted turbo. I think it's up to you to decide now. You put in a lot of hard work getting this far. You can take the £185 and your costs – which isn't too bad although it will see you out of pocket by about 300 quid. There is clearly a risk of losing the lot if you proceed to a hearing but I would say that the risk is not great – and that you have a better than 75% chance of winning. There is also a chance that if you decide to proceed to hearing that they might eventually cave in and pay you out rather than go through the hassle. I suppose a lot of it depends on how badly you need the money and how well or ill you can afford to lose £185 plus costs which is yours for the taking.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

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Info on the various 'family friendly rights' can be found here:

 

your rights: working life and family-friendly policies - from workSMART.org.uk

 

The obvious one for you to look at is the right to 'Dependent Leave'

 

All employees have the right to ‘reasonable’ time off work to help people such as family members or friends who depend on them for assistance in an emergency. There is no set limit on how much time off can be taken but you can only take off the time necessary to sort out the immediate ‘problem’.

 

This time off does not have to be paid by the employer, even though the leave may only be for a few hours during a paid working day. However some employers (often those with trade union agreements on ‘family’, ‘special’ or ‘carer’s’ leave) already give paid leave in these circumstances, perhaps up to a certain number of days per year.

 

Che

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...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Info on the various 'family friendly rights' can be found here:

 

your rights: working life and family-friendly policies - from workSMART.org.uk

 

The obvious one for you to look at is the right to 'Dependent Leave'

 

All employees have the right to ‘reasonable’ time off work to help people such as family members or friends who depend on them for assistance in an emergency. There is no set limit on how much time off can be taken but you can only take off the time necessary to sort out the immediate ‘problem’.

 

This time off does not have to be paid by the employer, even though the leave may only be for a few hours during a paid working day. However some employers (often those with trade union agreements on ‘family’, ‘special’ or ‘carer’s’ leave) already give paid leave in these circumstances, perhaps up to a certain number of days per year.

 

Che

Nice work Che:)

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Some companies rely on the phrase 'in an emergency' to argue that child care/sick child/dependant is not an emergency as it is foreseeable that a child will be sick at some point so the employee should have a plan B. This was said to me by a director of HR at a large organisation :eek:

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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It is always a touchy subject, and impossible to apply one rigid set of rules to.

 

Parental rights (in this respect) exist to allow reasonable time off to cope with a family emergency. 'Emergency' is not actually defined in the regulations and will vary according to individual circumstances. A childminder going sick may not be an issue for a couple where one person has the option of working from home for a day, but may mean a huge inconvenience for a single parent with no alternative but to take a day off without pay.

 

I always used to say to staff that 'Sh!t happens and we can't always dictate when and where it will land on us or how long it will take to wash off'. A child with tonsillitis and with no alternative care available will neccessarily be more of an 'emergency' and will take longer to deal with, than the cat being off it's food. The latter might warrant a trip to the vet, but not round the clock attention for several days, however much it is one of the family!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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