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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   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? No   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 ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   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? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Car in garage for over 2 months


Nutgrove
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Hi, My 2001 BMW went into an independent garage in mid-November for a service, MOT, and new front brake discs (because there was slight vibration under breaking on the motorway). After they finished the service and disc change, it failed the MOT on brake imbalance. They replaced the brake calipers, but no difference, and after trying a replacement ABS unit in the car they sent the original off for testing which came back as 'ok'. They exchanged a 'boost pump' and also the master cylinder. They replaced the brake calipers again just in case they were a duff set, but still no improvement. There is now another problem in that the ABS light comes on after reaching about 20mph, and they can find a problem. They took it to the BMW main dealer who suggested exchanging the ABS unit again, but the garage decided this was not necessary as this had been done already. They are still working hard trying to solve the problem, but I am beginning to feel that a brake problem really shouldn't take this long to solve. I'm not really sure what to do! I can't really take it off them as they know what's been changed and another garage may have to start again. I wish it could go back to how it was before it went, but the abs light must be related to something which has happened in the last two months. Does anyone have any suggestions please?

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when you say slight vibration under braking, did you feel it through the car or the steering wheel? have they checked the brake hose pipes, it might be worth replacing them, and have they inspected the rear brakes for any possible faults.

 

2 months is ridiculous to fix this, i would really consider taking the car somewhere else and have them look at it, they have actually added to your predicament by causing a fault with the abs, i'd hate to think how much this is costing you.

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Hi - thanks for the reply. The vibration under braking was through the steering - it was classic warped discs vibration. They have replaced all the flexi hoses and also the rear discs and pads too. The problem is that I won't want to pay anything to the current garage without the car being fixed, and as there is the new problem with the abs, is this something caused by what they have done or not? It's hard to say, although they have had the whole braking system to pieces etc.

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This is a classic case of not following correct procedure in bleeding the braking system, especially more so since changing the ABS modulator. You can't do it properley without having it hooked up and electronically opening the valves in a set sequence. It's nothing like it used to be in the good old days.

 

Once this has been done road test. The swop wheels front to back and balance. Road test again and it still evident then start measuring run out and wear pattern on surface of discs under a magnifying glass.

 

A pad change could be in order as well as it's not unknown for varience in compressibility of the linings predominantly on metal sintered pads.

 

I also take it that routine things like steering and suspension joints are ok as are the run out on the wheels and tyres.

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I don't think there is vibration now, but as I haven't had it back I don't know how it drives now. Brake balance has been measured on the MOT rolling road, and the system is being bled electronically as they are a proper Bosch service centre. The problem is the ABS/DSC light coming on and there not being a found cause for this. There is a £600 new Bosch ABS valve block on it's way from Germany now, so if this doesn't solve the issue, do I have to pay for it? It is a Bosch system in the hands of a Bosch service centre - I can't understand how it can be unsolvable.

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None of these issues is insolvable and provided the correct process is followed there should be none.

 

However, the fact that ABS light and now DSC light come on is significant.

 

The first thing to check, which is not in the manuals, is to check the wheel diameter at the tyres.

 

I've posted it before but all 4 wheels have to be within a certain percentage of each other, otherwise it will trigger all systems associated with the ABS.

 

Now as you have a DSC light on as well this makes it a bit more complicated.

 

The DSC relies on a little black box mounted centrally in the car. The inertia of a skid is determined by the G force generated in unit and sends a signal to ABS unit.

 

These are just some thoughts with regards to progressing the problem but I can catagoricaly say it's not easy to trace these issues as they don't have access to what is known as live data.

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Thanks. Nothing's really changed with the wheels though. The rear tyres are newer than the fronts, but they were replaced over 6 months ago, and all are the same size.

I'm not sure what you mean by live data - is it driving with a laptop connected to the ECU so you can see what's going on? They have a fair amount of laptops and software but I'm not sure if they have the same degree as a BMW main dealer. I'll wait and see if this new unit solves the problem, and then will have some difficult issues to confront. If the problem is fixed, how many of the new parts fitted will I have to pay for? If it is not fixed, can I take the car away and pay nothing? If the answer to the second question is 'yes', are the garage responsible for getting the car repaired elsewhere?

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you will have to pay the garage for the new parts fitted if everything gets resolved , it will also depend on what you agreed with the garage when you asked them to look at it.

if none of it has been resolved you will still have to pay for all parts they have fitted and take it to another garage to fix, they would be within their rights to keep your car until they get payment, if you pay , write clearly on the invoice "paid under protest", not just yours but also their copy too. this will be a record that you were unhappy with garage.

 

did they not inform you and ask you for your Authorization when replacing these parts ?

test drive the car before payment, as you state you are still unsure that the vibration is still there, have they informed you what parts that they replaced cured this?

As for the matter regarding the abs/dsc you might have some redress there about paying, because it seems this problem manifested when they were trying to cure the other problem , i would argue your case on this, and another thing you should ask for either way , is for all the old parts back.

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Thanks MegaCraggy. There was nothing wrong with the car when it went in to the garage. It was for a service, MOT, and front disc replacement which was part of the service - these are consumable items these days I believe? I would be more than happy to get the car back exactly as it went in! If only I could turn back time.....

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Can you ask them to clear down the chassis system control module, test to get lights on again and let you know the fault codes that are being registered. Then post them here or let us know and I'll have a look. Remember the codes just because registered does not mean that part is faulty.

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Can't remember exactly but the speedo sensor on beemers is on the diff I think which is another signal the DSC picks up on. ABS uses the wheel speed sensors.

 

I wonder if they have jacked up the car on one end and the yaw sensor has got stuck????

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Need the code nutgrove. It will usually start with a letter followed by 4 numbers and for the code above there will have to be others as well so if you could get all codes it would help. It's also possible to be a 2 digit code but think this would be unlikely.

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  • 2 weeks later...

Sorry for the delay, and I don't have the actual code. It is to do with the pressure from the charge pump when the self test runs at 20 mph. The pressure is low, and so the lights all come up on the dash - ABS, DSC, and also the '!' warning triangle. The garage have reached the end of their time with it as it is now 3 months, and although they are not charging for the 100 or so hours labour, I have a bill for about £3000 for parts which they have fitted which have not solved the problem. The list of parts is extensive, and would be a large bill even if it was fixed. A broken car and £3000 out of pocket is not good, especially as it would only be worth about £4500 in perfect working order.

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I'll see what I can do with this. Can you ask them how they know the pressurre was low? Are they relying on the electronics or did they have an actual pressure reading?

 

It still suggests to me a Bleeding of fluid problem believe it or not.

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Hi, thanks for your help. They have replaced the pressure sensor twice in the abs valve block, but are getting error 5C which is low charge pump pressure or pressure 'out of acceptable parameters' I think. They have bled the system many times now and used gallons of brake fluid and they have done this using the computer (opening the nipples and pressing a button on the computer I believe).

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Actually I just went to the garage for all the codes, and this is a print out from one program which was done by someone they called in:

 

5C DSC: Pressure-sensor test

DSC actively switched

no ABS control

Stop-light switch: not actuated

no ASC control

no DSC contol

Brake booster: passive

no ACC control

no HDC control

 

 

The Win Star machine which is owned by the garage came up with these errors:

88 - Pre-charge pump

92 - Brake pressure sensor plausibility

 

If anyone has any further ideas I'd be most grateful!

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Hi Nuts,

 

Sorry for the pun as I expect it is driving you so.

 

I have come across this before and it is extreamly rare but can happen. I'm not able to tell you where but is fixable if it is what I think and the history of the repair will sort of verify it.

 

If youd be kind enough to pm me with a breakdown/precis of what happened and the history of the garage diagnosis I'll run it by my guys to confirm or discuss what is the likely cause and suggest a way of getting over it. I could also do with knowing if the pedal feels hard or sinks i.e. irrespective of the lights, does the pedal feel normal. A way of doing this and gauging the degree of degredation is, if possible, to pump the pedal some 20 times, then run the engine for a few minutes. Turn off and repeat the pumping. Pedal should go hard after about 6 to 10 pumps. This exhausts the servo assistance and gives a real life condition of the hydraulic system.

 

To be fair, if it is what I think it is then it's highly unlikely they will have come across it.

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  • 2 weeks later...

Hi all,

 

It went to a BMW specialist who managed to diagnose a faulty master cylinder and fix it within 2 days. I have been presented with a bill for £2500 (which includes the service and the disc and pad change - originally quoted at £1200). The question really is if this is fair to charge the extra £1300 especially as it has taken over 3 months. The charge pump is what was causing the problem originally, so I obviously don't mind paying for that.

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