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    • Thousands more passengers could face delays or cancellations after an arson attack on France's train network on Friday.View the full article
    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • 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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ill advise repair


craiul
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My car turbo just blow up. I took the car to the local garage and was advised that the engine is fine after the turbo was removed and will need to just pay for the turbo replacement so it is economically to proceed with it. After replacement was done the garage called to say that the change was done but the problem has escaladed now and it is an engine problem and this is non economical to do it because it would cost at least 3k. They said that they would like me to pay for the turbo and take the car for a part exchange post it on ebay as engine in need of attention. Do I pay for something that is non functional and was wrong advised on the course of action?

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Hi Craiul,

 

I used to work for Hpnda - whenever we were diagnosing a problem, it was then out into writing to give the customer a quote for the repair.

 

Did you receive a quote in writing? Was the fault for repair noted on the quote?

 

If the answer is no, it would be hard to prove however it can be questioned as to why they bought the wrong part and as they mis-diagnosed the fault, they simply cannot charge you for the turbo in the first place.

 

As for the engine, they will most likely be quoting you for a new engine when reconditioned engines are available, you just need to look around on the web.

 

I myself had a reconditioned engine put into my car a while back and only paid £600 inc del when a new engine would have cost far much more.

 

I would suggest that you tell the garage they can keep the turbo without charging you and you want the car back.

 

Sounds very suspect to me!!!

 

Take the car to a reputable garage - ask friends and family for referrals, at least that way you know they can be trusted.

 

If the garage argues that you have a bill due to labour costs of fitting the turbo, tell them it is their mistake of misdiagnosis therefore you cannot be held accountable.

 

http://www.adviceguide.org.uk/wales/consumer_w/consumer_cars_and_other_vehicles_e/cars_garage_repairs_and_services_e.htm

 

Go to the link below there is great advice on there and how to complain.

 

Good luck

MissyNA x

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The turbo would have gone first and probably sucked bits into the engine, changing the turbo would have been the cheapest option first unless they stripped the engine down as well. Untill that is done you can't start the engine and see if anything else is wrong

if they had charged you to strip the engine and it was OK is that Misdiagnosis as well??

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You should have been advised the above could be a possible situation from the technician.

 

What I personally would do, is pay for the turbo and take the car, but also ask for the old turbo to take away with you. You are well within your rights to do so.

 

If you have it in writing about what was required to repair the car and now they are finding fault with another this will help.

 

As the law states, anything foreseeable - ie; the turbo would have sucked debris into the engine causing damage, this should have been explained to you as the turbo may not be the only problem.

 

Any properly qualified mechanic/technician should know this.

 

As a consumer you expect the seller (repairer) to give good sound advice and be knowledgeable on what is required especially as this particular refers to a safety aspect.

 

I am actually away to go out, but when I come back I will track down a case I recently reviewed with similar circumstances and the claimant won their case.

 

Do not involve any legal rep at the mo because if you stick to your guns and sound like you know what your talking about, they may well back down.

 

I will have the info for you sometime this afternoon.

 

Hang tight x

 

PS: If they have stripped both down found no fault, misdiagnosis, I would no pay they obv do not have a clue x

MissyNA x

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The turbo would have gone first and probably sucked bits into the engine, changing the turbo would have been the cheapest option first unless they stripped the engine down as well. Untill that is done you can't start the engine and see if anything else is wrong

if they had charged you to strip the engine and it was OK is that Misdiagnosis as well??

 

Hi there, they only removed the turbo and restart the engine at which point they stated the engine was in working condition. Based on this advise I said OK I will like the turbo to be changed. I made very clear to them that was not looking to spend money for nothink.

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You should have been advised the above could be a possible situation from the technician.

 

What I personally would do, is pay for the turbo and take the car, but also ask for the old turbo to take away with you. You are well within your rights to do so.

 

If you have it in writing about what was required to repair the car and now they are finding fault with another this will help.

 

As the law states, anything foreseeable - ie; the turbo would have sucked debris into the engine causing damage, this should have been explained to you as the turbo may not be the only problem.

 

Any properly qualified mechanic/technician should know this.

 

As a consumer you expect the seller (repairer) to give good sound advice and be knowledgeable on what is required especially as this particular refers to a safety aspect.

 

I am actually away to go out, but when I come back I will track down a case I recently reviewed with similar circumstances and the claimant won their case.

 

Do not involve any legal rep at the mo because if you stick to your guns and sound like you know what your talking about, they may well back down.

 

I will have the info for you sometime this afternoon.

 

Hang tight x

 

PS: If they have stripped both down found no fault, misdiagnosis, I would no pay they obv do not have a clue x

 

The engine was not striped down, the diagnosis was based on starting the engine with out the old Turbo. They stated than is economical to change the turbo. In my opinion the assessment was not carried out with reasonable care and skills and that is was a case of misdiagnosis. I can not see the point of paying 1k for a car working in three cylinders.

 

Any advise will be appreciated

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I have spoken to my husband who had his own garage as he was a mechanic but is now an engineer offshore.

 

He said that it is their responsibility to inform you that - yes there may be a fault with the turbo, however, they will not know if the engine has sustained damage until investigating.

 

They should should have given you 2 quotes 1- for repair/renewal of the turbo inc labour costs and VAT 2 - repair/renewal of engine inc turbo with labour costs plus VAT.

 

That way - this gives you the information to make an informed decision on whether to proceed.

 

Again - from what you have said, it sounds as if they are trying to make a good profit from your bad situation.

 

I have to go through my law folder for you to find this case study on foreseeability to see if that helps you and I will get back to you ASAP

 

x

MissyNA x

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I think it's gone "pop" conniff :-)

 

Some choice advice appearing again......now let me foresee...what's that creak coming from my car....I know...I'll go and consult my crystal ball after all as an engineer I should be able to predict an extraordinary event.

 

Anyone want this weeks lottery numbers?

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'Pop' as in debris in the pots? that would have been picked up when he ran it.

 

I'm trying to think what damage could have been done by the turbo that wouldn't have been noticed at run up, (not saying there wasn't any).

Oil return is dumped to the sump so no problem there.

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This actually might not be as bad as it seems. From the pressure readings it's pretty obvious it's a diesel with a turbo bearing collapse which allows neat oil to be blown into the engine in vast quantities. So as conniff points out it's hard to see that anything has been ingested into the 4 pots such as the swirl flaps which is common on some makes.

 

Given the nature of the fail it is hard to say by any standards that the garage has actually done anything wrong here apart from some processes that perhaps in hindsight could have been followed. I estimate that a 95 percentile would have followed the same process and come to the same conclusion. As regards culpable foreseeability well that's probably total hogwash, certainly from a statistical point of view and would therefore be nigh on impossible to prove.

 

Obviously if the make of car and type of engine plus size were known along with the mileage that would help.

 

The pressure readings are interesting though. Whilst you have a low reading on one cylinder this is not necessarily an issue as it could be a bore wash issue caused by multiple other factors such as poor injector patterns as the engine/turbo assembly inject so much oil it carbonises up and is thus dripping neat fuel which it cannot burn. Were the readings carried out hot or cold?

 

Not unusual either after such a failure is the exhaust to be so saturated in oil that unless this is changed as well it will continue to belch out smoke until it is all burnt off. I have seen such repairs take 12 hours running before they start to clear.

 

In conclusion, I'm not so sure you have and re-dress here.

 

Of course if the bottom end is knocking very badly due to all the oil being pumped into the engine and thus running dry then it is a very different matter.

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when changing a turbo, it is normal for the car to smoke if oil has been trapped in the exhaust.

 

have they done a injector leak off test???

 

Hi there yes they have and they claim is misfiring and revving a lot the engine

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now i know why the garage are having problems not only its a french vehicle and a pain to work on. a similar vehicle we have helped with the car rentals at my place of work have got a similar type of vehicle Peugeot 807 it needing a engine strip down due to cambelt breaking, now have running problems with injectors or diesel pump which they never touched the pump.

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Hi there yes they have and they claim is misfiring and revving a lot the engine

 

The PSI figures you previously quoted could be the cause of the misfire but we'd need to see the results of the leak off test as well. If this is significantly lower then it suggests dripping fuel which would explain the bore wash and low PSI readings. In turn this can lead to a dilution of the engine oil and subsequent degradation of lubrication properties thus leading to turbo failure. Does the engine knock (other than routine diesel knock) for example if you hold the RPM at 1200 to 1500RPM is there a loud metallic noise?

 

The diagnosis as to exactly what is wrong is probably outside the capabilities of the garage now and needs more expert evaluation. It does not seem though that the engine has gone pop or bang in industry terms.

 

If we go back to the original question you asked though the reality is that you have to pay. Whether or not the advice they have given about off loading the car though is certainly questionable at this moment in time.

 

Economics about repairing a car is a very subjective thing though. I allow £1500 a year to keep a car worth a grand on the road. The economics might appear odd but if you have a good car it's going to cost you more to replace each year just down to depreciation alone.

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