Jump to content


  • Tweets

  • Posts

    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
  • Recommended Topics

  • Our picks

    • 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
      • 161 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
        • Like
  • Recommended Topics

Engine failed 22k, Vauxhaul wont cover under 3yrs warranty- lost invoice


Nheagle12
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2473 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I bought a car from stoneacre in 2014,

i have 3 year warranty with vauxhall until september this year.

 

 

My engine has failed on the motorway with no warning at all.

We have had the car serviced and the book is stamped.

 

 

However we lost our invoice,

the garage cannot provide an invoice due to not having it on their computer system.

 

 

genuine parts and oil was used.

 

 

Now vauxhall are telling me that the engine wont be repaired under warranty due to not having an invoice

 

 

however the book is stamped.

can anybody advise me on what to do?

thanks!!

Link to post
Share on other sites

I think your best move is to contact the service garage and to ask them to put together a detailed account of the work that was done in the parts that were used.

 

If they object to this at all then I think that you have to say to them that they might find themselves being involved in the issue on the basis that they haven't kept the proper paperwork.

 

What is the value of the repair? Also, does the breakdown in any way have anything to do with the work which is carried out? If the work which was carried out has seen no relation at all to whatever it was that failed in the engine then I don't see that the invoice is at all relevant.

Link to post
Share on other sites

can you not prove place/time of purchase by the bank? statement of how you paid for it?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Frankly I'm not to sure that the warranty has got much to do with it. This is another case of a warranty being used to distract a customer's attention from his statutory rights.

 

This matter is probably adequately covered by the sale of goods act.

 

Of course, if the OP would come back to the thread and tell us more and engage with us then we might be able to get somewhere.

Link to post
Share on other sites

The invoice would not prove that genuine parts were used. It is just an excuse to weedle out of paying for the warranty repair.

 

The ONLY way to prove genuine parts were used is to have Vauxhall check the parts as they are removed from the engine whilst performing the warranty repair.

If genuine parts are found, the warranty is intact.

If non-genuine parts are found, you have a claim against the servicing garage.

Link to post
Share on other sites

You don't have to prove that manufacturers parts were used at all just that they were of equivalent standard. Provided the car was serviced on time then Vauxhaul should not be able to get out of this.

 

 

There is a proviso however and this is that manufacturers generally warrant the car for 1 year but the following two years is an insurance policy in that the car has to be serviced at a dealer and if this is not the case then they are within their rights to reject the claim. It's an often overlooked issue in the warranty when buying a car.

Link to post
Share on other sites

As you can't find the invoice, play their game.

Get a mechanical report where they will need to confirm that original parts were used.

It might cost around £100 to test the oil, but the other service parts are easily accessible and can be seen and photographed.

Warranty or not, a car is expected to last longer than 22k, so you are within your rights to get it repaired.

Link to post
Share on other sites

Frankly I'm not to sure that the warranty has got much to do with it. This is another case of a warranty being used to distract a customer's attention from his statutory rights.

 

This matter is probably adequately covered by the sale of goods act.

 

Of course, if the OP would come back to the thread and tell us more and engage with us then we might be able to get somewhere.

 

Actually Bankfodder it's not.

 

 

The warranty applied to new cars and nearly used cars is crystal clear.

 

 

The manufacturer warrants the car for one year as they are obliged to do so

however any extension to this warranty is usually supported by an insurance policy not too disimilar to a used car policy sold by aftermarket dealers.

it's a very grey area as to what is a genuine manufacturer warranty and what is not.

 

As I understand it and from what I understand the legal perspective is

that for the first year provided the parts are used are compliant or equivalent to oe parts

then the manufacturer has to cover any issue.

 

 

However, year two and three

the manufacturer can dictate that only oe parts parts be fitted in order to comply with the terms of the insurance policy covering the car for failure.

 

I could write pages and pages about this and in fact I think I ought to as it would clear up quite a few misnomers about car dealers be them new or used and the legal requirements as regards the dealer and consumer.

 

WHat is for certain even with the new consumer regs it doesn't always apply with car sales!

Link to post
Share on other sites

  • 1 month later...

you do not need to use genuine vauxhall parts this is even stated on their website

 

and if the car was bought new or used in 2014

- used as in you bought it when it was under 1 year old

it has a 3 year vaux warranty as standard or 60000miles what ever comes first

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...