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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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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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Ford Focus Fun


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Hi everyone, I would love a bit of advice on my Ford Focus (FF) problem.

 

28/7/09 - Bought 52 reg FF from used car dealer

19/8/09 - Took car to local garage as white smoke coming from exhaust and drinking lots of oil. They advised me that I would need a new engine. Car was still under warranty so I phoned the dealer who said to take it to their own garage for inspection.

22/8/09 - Took car to dealer's garage

26/8/09 - Spoke to garage - explained they were waiting for dealer to source a second-hand engine.

11/9/09 (or thereabouts) collected car from garage with replacement engine - given receipt from engine supplier (cost of engine £345 - guaranteed for 30 days - engine bought 28/8/09). Everything OK until...

26/1/10 - car breaks down outside house - towed to garage. Replacement cam belt + 8 valves + oil filter etc.. £1069

5/2/10 - noticed white smoke coming from exhaust and oil level min after only 40 miles driven.

6/2/10 - took car back to garage as still under guarantee, I phoned them today, they are still looking at the car but it may be the lower part of the engine that is worn.

Questions:

 

  • If they say this needs a new engine, do I try to make them sort it out as the car wasn't doing this before I took it to them?
  • Do I try to get the original dealer to sort it out as it was them who sourced the replacement engine?

It may all come to nothing, but I am a little bit sick of this car now. Any advice would be greatly appreciated.

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Ok I realise I'm being a bit vague so here is an update:

I went to the garage and the boss there told me that with the work at the top of the engine, it is now "burning a bit of oil" while it settles down. He states that this is quite normal, as there could be some wear on the pistons(?I think).

Does this sound normal?

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No it doesn't.

 

Timing belt jumped/snapped/slipped so on your engine the valves will hit the pistons.

 

Damage to valves is obvious, they usually snap clean off on the focus. but the valve stems and seals will have been damaged. Often requires a new cylinder head but not always. You cannot just pop a few new valves in and hope it all goes away.

 

Car burning oil now, when it wasn't before would suggest one of three real possibilities.

 

1. Fractured piston crown - very common with focus zetec 16 valve timing belt failure, indeed I have pictures somewhere.

2. Valve seals leaking/fractured

3. poorly fitted or damaged cylinder head.

 

In all cases, it is not normal and will not just settle down. There should be no oil in the cumbustion chamber at all. It can only get there if there is a fault or leak.

 

Back to your original problem. You have had the car for a considerable length of time, however it has had problems from the start. No garage worth it's salt will replace an engine without replacing the timing belt and tensioners as it is the most likley cause of future failure and is a very easy job when the engine is out. Asuming yours is a zetec 16v, it is about 1 hour in total and costs about £60 for parts. It pretty much guarantees the engine will not break as such.

 

As it seems your garage did not do this, I would suggest they are incompetant and have been neglegent in the engine replacement and thus would hold them liable for your loss. As such I would ask them to pay for the repairs. Rejecting the car at this stage is not really an option.

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Thanks for quick reply. I have the receipt for the engine that the original garage (lets call it garage A) put in. It has some disclaimer on the bottom saying that the timing belt is provided free of charge, does this make a difference? Also, garage A is a long way away and quite inconvenient to get to as it was the dealer's garage of choice. Do I have to use them for any repairs? They didn't give me any details of the repair done so I don't know if the belt was changed at that time.

 

I expect that if I contact garage A they will say they were only asked to replace the engine and nothing else so it would be my responsibility to change the timing belt (in fact it DOES recommend this on the receipt)

 

You say that there should be no oil in the combustion chamber, I think garage B was implying that there was increased pressure on the system after changing the valves and that any previous wear on the (?)pistons or chambers would eventually settle down.

 

What should my next move be?

Edited by bsolxiv
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Right. A new belt is provided? Are you saying that they supplied you with a new timing belt, ie you were handed a nice new timing belt when you picked up the car?

 

If you have paperwork which recommends you change the timing belt and that changing it is your responsibility, then you are pretty stuck. It is standard practice to change timing belt and tensioners when changing an engine. Coyuld easily have been done at the time and would be at your cost though as it is an enhancement rather than a requirement. It is a preventative measure.

 

New valves will not increase the pressure on the engine unless the original valves were leaking badly. You have no way to clarify that now as the engine was damaged and it is purely speculation at this stage.

 

It does sound like you bought the car from pinky and had it fixed by perky. Neither of whom seems to have the slightest idea of what they are doing.

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the timing belt is provided free of charge

This applies to the belt already in the engine.

 

The engine was bought by the dealership for the garage. Does this mean that the small print applies to them? I had driven less than 2000 miles when the belt snapped, is this reasonable?

 

Update from garage B: I just got back from there as I left some paperwork. I asked the manager what the problem was - he said something about "Carbonising" needed to happen in the engine(?). When I asked explicitly if me driving the car would cause any long term damage he said no, definitely not. Is this likely?

 

Also, if I decided to cut my losses and trade it in at a dealers, am I subject to SOGA?

Edited by bsolxiv
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