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    • Why would the Parish Council using the Borough's legal advisors be "a bit shady"?  A Parish Council isn't going to be able to afford to employ it's own legal officers, so it will have to look for that expertise from outside.  The borough/city/council legal officers would be the obvious people to look to for this service as they will be (hopefully) expert in public law and better qualified to advise a publicly elected body that a firm in private practise.  There is in all probablity some sort of service level agreement in place providing for this already.   Have you any idea what a Judicial Review would be likely to cost you unless you win and get your costs awarded?   I doubt that a properly advised council would remove you simply for not attending meetings if those meetings are, as you claim, suspended.  Why did you not engage at all with them for over six months?  It seems odd to do that and then complain they have removed you.   Without more info from you it's difficult to advise further...
    • My personal view is that if you break down the work into various parts and treat each one is a breach of contract then each claim would refer to different set of facts. However, I take the point you're making. In terms of tracking down his assets – I'm afraid the only thing I can suggest which I think I've already suggested above is that you get the addresses of any properties fees associated with and run them through the land registry website and see what that brings. There is a small fee for each search. If you find that all of the properties are in the names of his wife or other relatives, and I think that you had better understand that you are dealing with somebody who knows their way round, and is very calculating about what they do and how they can avoid liabilities. Do you have any kind of bank details for him? You might be able to get an order against his bank account – assuming that it is still live. At the very least, if you wanted to cause a bit of discomfort then if you tried running a few very small claims simply to get judgements which would then remain unsatisfied and which would at least impact is credit file. Not a very nice way to go about things – but but at least it's another way of bringing some pressure to bear. It's too late now but I think that you may be didn't embark on this in the best way. I would certainly wanted to see his insurance documents and also to contact the insurers to begin with to make sure that they would cover these kinds of problems – although as I have said, I don't expect they would have done.
    • Thanks for your response.    Is there a way for me to find out if he has assets?    I looked at small claims court and dividing the issues, but I read somewhere (maybe citizens advice or GOV. website?!) that you cannot claim against the same person twice for matters arising from the same incident so I'm not sure that it would work out as surely it would be seen that these issues have all arisen from the same incident (his original work)? 
    • Hi,   So the company is capital recoveries,sending in my wife's name and yes for a short fall. They don't seem to have sent mine yet..lol.. As insaid it is a long story which I did post at the time on here when going through the repossession,basically Kensington claiming they only had fax and not email etc and just making things difficult so when we moved away I made things awkward for them explaining I won't be able to forward anything as I don't have fax..yes I know I should have but they put us through a difficult  time and didn't make things easy.   Why would it have been removed from the credit reports within 5 years though,this is what I don't understand.And to collect on it now would they need to re-apply for anything. I don't deny I must owe something....    
    • On the basis of what you say, you will have no difficulty bringing a successful claim against him. The problem is that first of all, bringing a claim of this size – even if you win will incur costs for yourself and it seems to me that you may have problems enforcing the judgement. It is never worth beginning a claim unless you know that you can identify assets belonging to the defendant so that you can enforce the judgement. If you can't enforce judgement then bring any claim is simply a waste of money. The second problem here is that your claim exceeds the £10,000 small claims limit and this means that costs will be even greater. Also, in the event that he starts to cause problem and resists the claim, you could find that your costs are escalating and once again even if you win, you will not be able to enforce the judgement and you will lose everything. If you happen to lose, then it would be catastrophic because you would have to pay a substantial part of his cost as well. If you want to proceed with this at all then I think that you are going to have to look at away of dividing the claim up into smaller parts so that you can identify a particular aspect of it which is less than £10,000 to deal with. A claim of £2000 or £3000 would be much easier and much cheaper and then if you won that, you could attempt the enforcement and see where that got you. On the basis of that, you could decide to proceed with further claims – attempting each time to keep the value of the claim to less than £10,000. At least if you had a successful claim for £2000 and you are unable to enforce it, you would have kept your costs to a minimum. Also, it would have the effect of impacting on his credit file which he might find rather difficult to deal with. You can even bring a number of smaller claims if you simply wanted to hit is credit file and causing a great deal of difficulty over a long period of time. That might persuade him to start dealing with you. He says that he is insured – but you aren't able to get hold of his insurance details. If you got a judgement against him then you might find some way of persuading him/forcing him to supply you with his insurance details – if they exist. However, I can imagine that his insurance will not cover him for bad work. It will only cover him for accidents.  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
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Valet cleaner fiddled with my car internals


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Hello Friends,

 

I probably cannot regret more leaving my car yesterday with the garage for valet cleaning.

 

When I came to pick car, my battery was dead, time clock was reset and the battery panel was open.

 

When I enquired, they said there was lose connection with the battery and therefore they had to open the battery cover.

I was never convinced but I had no evidence as such and came back.

 

Today I found that neck of the stearing wheel was opened as well and it is missing the screws that hold it in place.

Clearly they have messed more than what was necessary and without my permission.

I suspect they have replaced my original parts with spurious ones.

 

What are my options?

Are the garage required to record what ever has been done with my car?

 

Please help me as I am really feeling so helpless and distressed about all this.

 

Thanks.

Edited by gentle
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Now, I'm suspicious by nature. But here's the first thought that popped in to my head...

 

What car is it?

 

The reason I ask that is that if it is a desirable car (for car thieves) I'd be taking it to a dealer (or at least trusted garage) to get it looked at, and pronto.

 

The only reason to open the cowling on the steering column would be to look at (and possibly defeat) the immobiliser. Apart from the switches for the indicators & wipers, there's very little else under there.

 

 

As I said, I'm suspicious by nature. But I'd still be getting that checked.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Thanks DragonFly for your response. Its a skoda Superb. Does it matter to thieves as what they are looting. They will harvest everything that they can and just list it on eBay. as simple as that. And genuine parts of any model will fetch a good price. After all they have done this.

 

What are the legal routes open to me. The garage has gone beyond my permission and clearly in a shady way. Is the onus on me to prove that he has stolen/swapped something or on them to prove that he did nothing even though he opened the battery panel for which there is no good reason.

Edited by gentle
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Go get it checked by a skoda main dealer. Then plan your next move once youve had the report.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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I have to agree get your vehicle independently inspected at a skoda dealership.

 

They have admitted only after you questioning about the battery cover that they tampered with your vehicle. (without your consent nor telling you until challenged)

 

In this circumstance you need to get evidence that they have tampered with your vehicle outside of your consent for them to valet your vehicle.

 

Do you have anything signed/screenshots etc of this valet service.

 

Does the Garage carrying out the Valet have any Disclaimers/Signage display or did you sign any disclaimer at all?

 

Who is the Garage? (if you do not want to name them on here you can pm a member of they site team)

 

Please be patient I am sure other Caggers will be along to assist.

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i suspect that they either shortyed something out or dropped a small something into the steering column and had to disconnect the battery to retrieve it safely. they should have owned up. as for disclaimers, not worth the paper they are written on so if they say they arent responsible on yes they are. you engaged them for a particular task, not to sod about with the electrics..

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  • 1 month later...

aw lawd he's back

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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where steering is.......................................................................... ?

positioned

located

round

found

or Gerbil.

 

H

42 years at the pointy end of the motor trade. :eek:

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  • 4 weeks later...

There should never be any tampering or removing of internal parts on a BASIC valet. When you contract with someone to essentially DEEP CLEAN your internal cabin, Some trim may be removed in order clear out and flush dust and debris BUT the VALET/DETAILER should be very clear on what he intends to take apart, has experience in taking these parts apart with the CORRECT tools, and shows you his LIABILITY INSURANCE certificate that's in place to deal with anything that he breaks, a genuine detailer/valet will never get you sign a disclaimer form for damages or have any disclaimer sign up to suggest he isn't liable for damage to your car, Its an occupational hazard for a detailer as he/she come into contact with cars and personal items intimately on a daily basis with his tools of the trade, Its like a garage telling you he's not liable for damage to your car when he's working on it and that you leave it with him at your own risk.

 

 

A flush of the engine bay yes your battery is disconnected to prevent damage to the cars ECU and electrical items whilst either steam cleaned or Jet washed, They should ensure that the positive is reconnected, its secure, the battery tie down is secure, and caps and flaps are locked, the Radio code is present, that your Clock is reset, and that your told that your car has a "learning period" when the ECU is disconnected and show you its procedure in your handbook or online guide! Again Something that should have been explained to you in the fullest details as to what they intend to do BEFORE they take the keys off you to start.

 

 

Exterior, They should explain that to flush arches of debris, the alloys should come off and that to deep clean your alloys they need to come off, They should place your alloys on the ground during storage face up when cleaning the drum side (back side) they should place them face down on a rubber or foam mat and de iron'ise them treat them and put them back on, they should ensure that your alloy wheel key is placed back in the boot compartment if not then placed on your passenger seat, its just plain rude to go in someone glove box.

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