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    • The Contract itself The airport is actually owned by the Ontario Teachers Pension Plan. There should be an authority from them for Bristol airport group  to sign on their behalf. Without it the contract is invalid. The contract has so many  clauses redacted that it is questionable as to its fairness with regard to the Defendants ability to receive a fair trial. In the case of WH Holding Ltd, West Ham United Football Club Ltd -v- E20 Stadium LLP [2018],  In reaching its decision, the Court gave a clear warning to parties involved in litigation: ‘given the difficulties and suspicions to which extensive redaction inevitably gives rise, parties who decide to adopt such an appropriate in disclosure must take enhanced care to ensure that such redactions are accurately made, and must be prepared to suffer costs consequences if they are not’. The contract is also invalid as the signatories are required to have their signatures co-signed by independent witnesses. There is obviously a question of the date of the signatures not being signed until 16 days after the start of the contract. There is a question too about the photographs. They are supposed to be contemporaneous not taken several months before when the signage may have been different or have moved or damaged since then. The Defendant respectfully asks the Court therefore to treat the contract as invalid or void. With no contract there can be no breach. Indeed even were the contract regarded as valid there would be no breach It is hard to understand why this case was brought to Court as there appears to be no reasonable cause to apply to the DVLA.............
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    • Between yourself and Dave you have produced a very good WS. However if you were to do a harder hitting WS it may be that VCS would be more likely to cancel prior to a hearing. The Contract . VCS [Jake Burgess?] are trying to conflate parking in a car park to driving along a road in order to defend the indefensible. It is well known that "NO Stopping " cannot form a contract as it is prohibitory. VCS know that well as they lose time and again in Court when claiming it is contractual. By mixing up parking with driving they hope to deflect from the fact trying to claim that No Stopping is contractual is tantamount to perjury. No wonder mr Burgess doesn't want to appear in Court. Conflation also disguises the fact that while parking in a car park for a period of time can be interpreted as the acceptance of the contract that is not the case while driving down a road. The Defendant was going to the airport so it is ludicrous to suggest that driving by a No Stopping  sign is tacitly accepting  the  contract -especially as no contract is even being offered. And even if a motorist did not wish to be bound by the so called contract what could they do? Forfeit their flight and still have to stop their car to turn around? Put like that the whole scenario posed by Mr Burgess that the Defendant accepted the contract by driving past the sign is absolutely absurd and indefensible. I certainly would not want to appear in Court defending that statement either. --------------------------------------------------------------------------------------------------------------------------------------------------------- I will do the contract itself later.
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Car damaged by garage after recall by manufacturer


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Hi

Need some advise please

My 55 plate Suzuki swift was recalled by Suzuki as there was a problem with an incorrect coating that had been applied to the panels in boot. Contacted my local dealer, they then inspected the car and confirmed that the car needed to be repaired.

The dealership didn't have a body shop department and the car had to go to another local garage that was approved by Suzuki.

 

This is where my problems begin after having the work done there is a massive water leak in the rear of the car. Phoned the garage that done the work and they said to take car over to them and someone will look at it.

The guy who looked at it told me it cant be anything that they have done because they only replaced the boot floor but if i leave the car with them for a few days they can test it and if its down to them they would repair it but if it wasn't down to them they would be billing me.

I declined his offer and told him i would contact Suzuki.

He then pointed out the light inside the boot was corroded and that may indicate water leaking through the roof. I thanked him and told him i would contact Suzuki. I got home and i had a little search on the internet for water leaks on Suzuki swift didn't really have any joy.

So i googled boot recall on Suzuki swift and was horrified to find that the light in the boot that is all corroded is part of the recall work as it can catch fire all the panels in boot and carpet should also have been changed. I have contacted Suzuki about this and they have been in touch with my local dealer for me to take car there for inspection which i have now done it looks like nothing has been done apart from spraying the underneath of the car and stuck some rubber pieces inside the boot.

 

My car is now not safe it is swimming in water and have mold growing everywhere the dealer has said everything will be taken care of but the car does have to go back to the garage that caused this mess against my wishes. Can i refuse to let the car go to that garage and can i demand that all the interior is changed as the mold is growing over all the seats and headlining and have two small children that i don't want to put at risk.

 

any help will be much appreciated

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What I gather is that you have a second-hand car and that sometime past the car has been subject to a recall for the light/water problem which has not been correctly attended to.

 

Is that right?

 

Does the recall notice explain what work should have been done?

 

If I am right then who was the previous owner and which garage did the recall job?

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Hi

yes the car is Second hand but i have owned it for the last four years. The work has only just been carried out in December 2011. By what i have found out is, they have charged Suzuki for the recall work but have not done it, they have just sprayed the inside of the boot to make it look like it is new.And they have incorrectly fitted my bumper so that water leaks through a vent into the boot, which then fills up the passenger foot well's in the rear of the vehicle. The dealer has told me what should have been done work wise and they have not done any of it. I still have a light in my boot that can catch fire at any moment

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It is very serious if they have charge Suzuki for work which they have not done. It is a criminal offence.

 

I would contact Suzuki immediately, report what has happened and also ask them for an alternative dealer. Frankly I think that it will be reasonable for Suzuki to be responsible for this because it is they who have to exercise quality control over their approved repairers.

Take the car to the new recommended garage and get an estimate for the work.

 

I would suggest also reporting the incident to the police at is clearly a deception.

 

If you want, contact the garage in writing and tell them what you are going to do unless they agree in writing to pay for all the costs at the new garage. Don't go back to them for any reason. you will just continue to have trouble.

Tell them that you are going to call the police if they won't cooperate. Frankly you should call the police anyway.

 

Come back here and let us know who says what or who agrees to what and then we can help you decide what to do if they all refuse to pay. It will probably be to sue the old garage and Suzuki jointly in the County Court. Very easy to do.

 

Don't get involved in pointless extended discussions. You know what you want. Do it, don't chat about it. Don't negotiate. Don't settle for anything else than a full repair at a different garage.

Takes photos. Do nothing verbally

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surely 1/2 a million will surfice Conniff won't it? :-D

Sorry but I have to support the Site Team. If he says a million, then that's what it is.

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Hi

Thank's for the advice, phoned the dealer earlier and told them that there was no way the car was going back to that garage, Then I asked why Suzuki wanted the car to go back to the garage that didn't carry out the repair's and was told that, as they have been paid by Suzuki they wanted it to go there. I asked if Suzuki customer care was aware of the work not being done and them being charged for it and asked if the police have been informed as a criminal offence has taken place. The dealer has informed the Suzuki area manager of the work not being carried out and pictures of the damage, he did want the car to go to the garage that carried out the so called repair at first but they have called to say they have arranged with another garage 20 miles away to put the car back to normal. My only concern now is how much damage has been done to the interior of the car as it has taken a lot of water over the last few weeks.Will this corrode the floor of the car. As I did not pay for the work that wasn't done on the car Suzuki did.Do I have any right to contact the police about the garage as I think they need to be exposed and will be asking Suzuki if they will be recalling all cars for inspection that have been repaired at that garage. At first my car was booked in for the 23 of this month to be repaired as the dealer needed time to source automatic courtesy car but have phoned late today asking if I can take the car in Monday haven't got back to them yet with answer.

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Forget contacting the police, they won't be interested as it comes at the moment under civil cases. It would be Suzukis responsibility to do this anyway. Sometimes people on here get a bit carried away with what they think you can and cannot do. The relationship is between you and the dealer, the dealer and the repairing bodyshop and the dealer and Suzuki. Your main gripe will be between you and the dealer who sent it to the bodyshop.

 

What needs to be clarified is if the bodyshop is a repairing agent or just a bodyshop who meets Suzukis standards.

 

Usual practice is that on receipt of the letter you take it to a franchised dealer who is then able to subcontract out the repair provided it is at a bodyshop approved by Suzuki. The bodyshop will then invoice the dealer who claims it back from Suzuki GB through normal channels.

 

The type of repair though that the dealer has described sounds dubious to me.

 

Are you able to give details of what it was the car was recalled for exactly. To change a boot floor is a major operation and I wouldn't expect that to have to happen just to change a boot light. I would also not expect the bodyshop to change the light either. They normally do the structual work which might be the root cause of the boot light corroding.

 

Could also do with a time line to all of this though it does seem like Suzuki GB are on the case.

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I disagree on the police point. You can certainly contact them. You are a victim of crime as is also Suzuki. I agree that it isn't a sensational crime - but nevertheless you should try and insist that you have been ripped off, your car has been left in a dangerous situation and you want a crime number.

You should also contact Trading Standards by letter.

 

You could also try and interest your local paper. This is the kind of thing that local papers like. Look up your local paper on the internet and get the contact number for the news desp and for the reporters. Phone them about it. Tell them that you are happy to have picture done of you and the car and I expect that they will run the story.

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:roll: You don't half talk some rubbish at times.

So what's the crime BF? Work carried out substandardly? Not heard of that one. Frankly, reporting it to the police would just be wasting their time and Johners. It's a civil matter for a start, many recalls cover a range of VIN numbers and not all require the same degree of work. As I have pointed out, you need to know the full details of the re-call, why and what it entails before passing a considered opinion as to the rights and wrongs of the issue.

 

And whislt I'm on about it as a re-call, it needs to be considered exactly what a re-call is. A genuine re-call is one that is driven by VOSA where the importer/manufactuer has to repair at least 75% of the vehicles affected before it can be closed. These are usually safety related. Another one that is deemed to be a re-call by the public, is often a quality campaign where the level of claims being seen poses a business risk.

 

In this instance it is a VOSA driven one and details are below.

 

Concern: BOOT LIGHT MAY CATCH FIRE

Numbers Involved: 31872 (I'd say effectively all Swift models)

Issue: It has been identified that, due to a build up of corrosion on the boot light terminals, a short circuit may possibly occur. This can result in melting of the terminals, which may result in a fire.

Remedial action: Recalled vehicles will have the boot light and side quarter trims replaced. Additionally, the wiring harness to the boot light will be repaired as necessary.

 

Notice the use of MAY it does not say WILL.

 

On top of this, it makes no reference to the boot floor having to be changed.

 

Obviously the notice refers to remedial action, it does not mention root cause of the issue. The appropriate fix for the root cause could mean just a stripping of the paint, re seal and re paint, just a replacement of the affected parts..........I very much doubt Suzuki would be replacing boot floors on nearly 32000 cars.

 

I wouldn't be spouting off to the press either as one thing is for sure SGB will lock down.

 

The issue is clearly one between the OP and the dealer, the OP and SGB and the dealer and the subcontractor.

 

My gut feel is, and from extensive experience, is that there may be more to this than meets the eye.

 

First step would be to HPI the car to see its history. Secondly, interior leaks into the cabin from the boot floor are very rare now, water damage to the extent described usually will only occur after a few months in normal cases unless of course the car is kept in a centrally heated garage and I don't think too many Swifts will be.

 

I would respectfully suggest that the OP takes heed of this before landing themselves in a whole lot of doo doo which will be difficult to extracite themselves from.

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If the garage has been paid for a certain level of work by Suzuki and they don't carry out the work that they have been paid for then there is potentially an offence of dishonesty.

 

Although the Recall notice says "may" as to the possibility of fire, it does say "will" as to the work which must be carried out.

 

The purpose of advice given on this site is not only to let the Cagger know what his various options are but also to try and suggest options which are capable of causing as many problems as possible for any business which takes unfair or dishonest advantage of its customers.

We are very pleased if the customer gets the problem sorted out, but for the sake of all the other customers who will not have discovered that they have been short-changed/had-over by a business it is better if action is taken in a way which teaches the business a lesson in straight-dealing as well.

 

Nothing in the advice given will land the customer in the doo doo but at least he - and importantly all the other people who may read this thread are aware of a range of approaches.

 

If you think that this is just more of some rubbish, well I'm sure that some people will find it all useful.

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:roll: You don't half talk some rubbish at times.

So what's the crime BF? Work carried out substandardly? Not heard of that one. Frankly, reporting it to the police would just be wasting their time and Johners. It's a civil matter for a start, many recalls cover a range of VIN numbers and not all require the same degree of work. As I have pointed out, you need to know the full details of the re-call, why and what it entails before passing a considered opinion as to the rights and wrongs of the issue.

 

And whislt I'm on about it as a re-call, it needs to be considered exactly what a re-call is. A genuine re-call is one that is driven by VOSA where the importer/manufactuer has to repair at least 75% of the vehicles affected before it can be closed. These are usually safety related. Another one that is deemed to be a re-call by the public, is often a quality campaign where the level of claims being seen poses a business risk.

 

In this instance it is a VOSA driven one and details are below.

 

Concern: BOOT LIGHT MAY CATCH FIRE

Numbers Involved: 31872 (I'd say effectively all Swift models)

Issue: It has been identified that, due to a build up of corrosion on the boot light terminals, a short circuit may possibly occur. This can result in melting of the terminals, which may result in a fire.

Remedial action: Recalled vehicles will have the boot light and side quarter trims replaced. Additionally, the wiring harness to the boot light will be repaired as necessary.

 

Notice the use of MAY it does not say WILL.

 

On top of this, it makes no reference to the boot floor having to be changed.

 

Obviously the notice refers to remedial action, it does not mention root cause of the issue. The appropriate fix for the root cause could mean just a stripping of the paint, re seal and re paint, just a replacement of the affected parts..........I very much doubt Suzuki would be replacing boot floors on nearly 32000 cars.

 

I wouldn't be spouting off to the press either as one thing is for sure SGB will lock down.

 

The issue is clearly one between the OP and the dealer, the OP and SGB and the dealer and the subcontractor.

 

My gut feel is, and from extensive experience, is that there may be more to this than meets the eye.

 

First step would be to HPI the car to see its history. Secondly, interior leaks into the cabin from the boot floor are very rare now, water damage to the extent described usually will only occur after a few months in normal cases unless of course the car is kept in a centrally heated garage and I don't think too many Swifts will be.

 

I would respectfully suggest that the OP takes heed of this before landing themselves in a whole lot of doo doo which will be difficult to extracite themselves from.

 

The garage has charged for the boot light to be changed all panels to be replaced new boot carpet and finally boot floor.Nothing has been changed.I think they have just sprayed a bit of stone chip on the underneath of vehicle. To get at underside of the vehicle they have had to remove rear bumper. There is a vent hidden behind bumper which has been fitted incorrectly or been damaged this is where the water is entering the vehicle filling the boot and spilling into the interior. I found this out by searching for the leak myself. I think there are two recalls on vehicle the interior boot light and boot floor and rear seat belt anchors to be checked and replaced if need be. So what would you advise ?

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I'd advise you let SGB deal with it through the normal channels they have. Just remember that the recall notice is effectively a check and replacement if need be. As before, I'd further advise you check the history of the car for rear end damage. If there is any issue as regards fraud or criminality this is something for SGB to sort out between the dealer and SGB.

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I'd advise you let SGB deal with it through the normal channels they have. Just remember that the recall notice is effectively a check and replacement if need be. As before, I'd further advise you check the history of the car for rear end damage. If there is any issue as regards fraud or criminality this is something for SGB to sort out between the dealer and SGB.

 

I agree with this.

 

But also I think that complaints should be made in all available channels because garages which do this kind of thing need to realise that it can cause serious problems for their business.

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