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    • I feel that people are focusing too much on the OPs property being a council house and putting responsibility on the council to resolve this.   imagine for a moment that the OPs house is privately owned, now what powers would they have to take action on the trees? Pretty much none without taking the tree owner to court right. Well as the trees are privately owned, that is the same power that the council have right now.   the information with the £375 will be inline with high hedges legislation as this will be the only power the council will have and it is common for there to be a charge for this.   this is not a social housing issue, but a neighbor dispute with a private homeowner.   i used to work as a tree officer for a local authority and from experience have seen that people’s idea of dangerous and what is actually dangerous are two different issues. A councils power to enforce tree works are also limited and will usually only be where a private tree poses a risk to the highway, not to another property as that is a civil matter (even where the council own the 2nd property).    With regards to risk to underground pipes, this is something you will be unlikely to successfully argue as various studies have found that unless a tree is planted on top of the pipe and crush it, the roots will not cause damage, but rather only enter through already damaged areas as they are opportunistic, any tree roots in drains are usually a secondary issue where a pipe had existing damage and to resolve it will require a permanent repair to the pipe to prevent recurrence.   the only options i see here are to calculate the height allowed under high hedges legislation (it varies depending on what direction the property faces , the location of hedges etc) and try to enforce that which will involve the fee. Otherwise there is little you can do as the private homeowner has a right to have trees in their garden although they may be liable if they were to cause damage to your property (such as a shed) or the councils property in the future.
    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
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Merit Motor Company. I've sent him an email address the situation.

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So the whole company – Merit Motor Company – packs up for a two-week break over the Easter holiday!! I didn't realise any "serious" companies did this kind of thing. Do you think they're French?


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Exactly haha. And no it's owned by one guy called Lewis.

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Well send an email to Merit and tell them that Centurion Warranties which was the firm recommended by them has declined liability and so you are therefore holding them, Merit, liable under the Consumer Rights Act. Tell them that as the defect has occurred within the first six months of the date of the contract that you are giving them one chance to repair the problem and if they failed to do so then you will be requiring them to give you a full refund. Tell them that they should understand that if they do attempt to repair then you will have the quality of the work will be fully inspected by an independent BMW specialist.

 

I know that I earlier said don't get into conflict mode straightaway – but I think that having to wait till 10 April for some company that decides to shut up shop and go on holiday, is not acceptable.

 

Send the email so they have it when they open up. It wouldn't surprise me if Lewis is receiving his emails anyway. In the meantime start dealing with Centurion in a firm and assertive way.

 

If they are going to decline your claim then you want a response in writing from them and you want it PDQ


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This dealer might be running the usual ltd company which will inevitably shut down when they get a ccj, so i ask a question which could help in the very likely case that Lewis goes awol.

Did you pay by card? Even part of the price?

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I think we're getting ahead of ourselves here. There doesn't seem to be anything negative about this company on the Internet – and of course we are simply assuming that they won't honour their customers consumer rights. Don't forget, they haven't been approached about this yet. The OP has gone directly to centurion and it is centurion that looks as if they're trying to wriggle a bit.


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So it seems that they are saying that there is a lack of oil pressure then you should have been warned by the light but the warning light didn't work and so therefore you kept on driving which led to the damage.

 

They say that warning lights are covered. Please can you check their terms and conditions and see if that is correct?

 

However, it is clear that the warning light is not the root cause. The root cause is apparently the failure of the pump. This is what you have said in your opening post. The pump clearly is covered in their extended warranty.

 

Furthermore, what is the evidence that the warning light doesn't work – and in any event on what exclusion are they trying to rely in respect of a warning light. They refer to failures of bulbs lamps et cetera but if it is the warning light system which has failed then I don't see that this is excluded. However, the most important thing is that the root cause – the failure of the pump is the cause of the problem. I have to say that it seems to me to be a very strange coincidence indeed that the pump failed and also the warning light system failed. I can't help feeling that they are completely related in some way and that maybe there was pressure at the point where the pressure sensor is in the engine but somewhere else the oil wasn't flowing. However it would need a real technical expert to be able to say if that's possible.

 

I should get back to centurion and tell them that you want a copy of the report they have obtained and also that you want them to identify the exclusion that they say that they are relying on – and if they are saying that it is a failure of the warning light then you want to know that the warning light bulb has burned out/broken and not the pressure warning system.

 

Anyway, tell them that you reject their opinion and that the component which has failed is the oil pump and that this is the root cause and that this is covered.

 

You can also tell them that the car has already been in the garage long enough. Not prepared to tolerate it being in the garage any much longer and that now they have carried out their inspection, if they're going to start quibbling, then you are going to go ahead and carry out repairs anyway and that you will be looking to them to cover the bill. Put it all in writing. And if they call you, make notes of what they say and then confirm that in writing as well. They clearly like to do things on the telephone. I was get very suspicious of companies that like to do their business on the telephone. Record it all

 

At the same time, don't forget that the dealer is ultimately responsible but you may as well have a go at both them. You may well end up having to bring a legal action for this. You should start reading up about small claims in the County Court's. It is very easy and straightforward and your chances of winning if you do bring a claim are, in my view, better than 90%.


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before the upload

I was going to say

its a favourite trick to disable the warning lights in BMW 320i

as most pervious owners thrashed them to death and they are renound for oil pressure failngs


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

 

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It would be interesting if you found out if the oil warning light is designed to detect oil level or oil pressure


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Did the garage perform a new mot and a full pre delivery inspection prior to your purchase and did you sign it ? If you did sign the PDI form past 30 days you will need to prove the fault was there at the point of sale to claim a rejection under the CRA, this is very hard to do. If you didn’t sign a PDI then they don’t have a leg to stand on. Remember, wear n tear is specifically excluded from the CRA in respect to the age mileage and price paid. It isn’t just as straight forward as saying you are covered by the CRA, the CRA equally protects the retailer from such claims. This is my understanding, that’s why you purchase an insurance policy to protect yourself against failures like this.

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In addition, a warranty claim is not a statutory claim therefore there can be many warranty claims prior to a “one chance” statutory claim on the CRA.

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and?


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

 

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