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    • Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
    • Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism in these circumstances  to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
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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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Faulty Catalytic Converter


TomMurray
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Hi,

 

I failed my MOT on emissions. The Catalytic Converter was a bit rattly and both the garage and I thought this was probably the reason, so it was replaced.

 

Sadly this did not fix the issue, so I tried other things... and more things... then the MOT lapsed so I was without a car, meaning on a couple of occasions I had to hire a car.

 

After a couple of months, I ran out of ideas and took the car to a main dealer who poked and prodded, looked at all the work that had been performed and said the replacement Cat wasn't working. I spoke to the Cat manufacturer themselves, explained the full situation and they agreed it was faulty.

 

I have just had a new Cat fitted and the car passes emissions.

 

My question here is... do I have any chance of getting money for the replacement parts and labour for work that was done (unnecessarily) after the new Cat was fitted. Also the new MOT that needs paying for after my old one lapsed. This totals hundreds of pounds that I would not have had to spend if the original part wasn't faulty.

 

Thanks.

 

 

On a side note the garage were (despite being no good with suggestions as to a fix) were really helpful in letting me bring the car and use the emissions tester many times throughout the few months with no charge.

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took the car to a main dealer who poked and prodded, looked at all the work that had been performed and said the replacement Cat wasn't working. I spoke to the Cat manufacturer themselves, explained the full situation and they agreed it was faulty.

 

My question here is... do I have any chance of getting money for the replacement parts and labour for work that was done (unnecessarily) after the new Cat was fitted.

 

Your going to need a report/statement from the Garage or the Mechanic/Technician that reported that the Cat Converter was faulty upon purchase.

 

Send the Cat Converter Company copies (copies only - NEVER send originals) of all invoices including car hire etc.

Send via Recorded Delivery and print off and keep a copy not only of the letter/invoice but also the Royal Mail Track & Trace receipt.

 

Once the Cat Converter Company replies, please post back for further advice.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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I don't think so. It wouldn't have taken much more than an hour with no additional parts to work out it was faulty. One thing to check though is the date of manufacture as after a certain date all cats supplied had to comply with CE regs. This stopped mickey mouse cats being sold which for some time had been a big problem in the aftermarket. Plus the fact, they are only liable for the part, not what you do consequently to the car.

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I'll send the bits to them and we shall see. But I was thinking the same as Heliosuk really, they are only technically liable for the part so I will struggle and my only hope is goodwill. I posted here in the hope I was wrong!

 

It took a while to work out it was faulty as emissions issues can be from a number of components in the engine, MAP sensor, PCV valve, EVAP, plugs, Dizzy, air leaks, O2 sensor, various temperature sensors, cylinder compression, valve clearances etc etc

 

After the Cat was fitted, it was assumed the new part was okay, so it must be something else. All other avenues were pursued, once they were ruled out we came full circle and looked at the Cat. It cannot be reasonable to suggest that without checking all these you would be able to assume the Cat was faulty after fitting.

 

The car is a 1994 Honda CRX, so is in the annoying years where Cats are mandatory but there is only one O2 sensor, pre-cat. This makes the diagnosis very difficult to do. Also means the garage didn't fit an 'approved' Cat (post 2001 requirement only). But the fact is the supplier still said the model fitted was suitable, so approved by government or not it should still have worked. It is quite a large reputable UK manufacturer of Cats.

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Never assume a new part is OK especially from aftermarket suppliers. It can happen with OEM stuff as well though but is very rare. Like I said before, if possible check the date stamp and that it has the certification markings. I had exactly the same once but know how to check the items without replacing them so was relatively easy to prove. That's when I found out about the regs and aftermarket parts with regards to cats.

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