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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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How long can repairs take before the vehicle is considered unrepairable


SteveT15
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I have a new motor bike that was damaged by a car reversing into it back in early April 19,

the bike was taken to a repairer and the quotation was accepted and the repairs authorised.

Unfortunately, the repairer cannot get the parts to repair the bike,

 

it has been 6 weeks now and I am having to ask my wife to do 50 miles a day dropping me off at work and picking me up, or pay £60 per day car parking ( one of the joys of working at Heathrow).

 

At what point does the lack of available parts to repair the bike mean that it cannot be reasonably repaired and is written off?

The bike is brand new, less than a week old when it was damaged.

 

I would appreciate some assistance with what my rights are here as the Loss Adjusters are very hard work

 

SteveT15

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Hi Steve and welcome to CAG

 

1. Has the other party's insurer accepted liability.

 

2. What make of motorbike is it.

 

3. Is the bike being repaired by the dealer where you bought the bike.

 

4. Who is your insurer.

 

If liability has been accepted, you should be able to get a temp motorbike so you are not inconvenienced pending repair/replacement.

 

If this was me and my new bike was damaged, I would be chasing my insurer to have a brand new replacement if there was any delay caused by parts being unavailable.

 

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Is it some piece of Italian exotica?  I understand even dealers can experience delays getting spares for something like a Ducatti.

 

Are you claiming on your insurance or direct against the third party?  Is provision of an alternative 'bike covered?

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Italian, but not exotica, Piaggio MP3. Someone backed into it in a car park and bent the frame that house the radiator, that is the part they cannot get.

 

Insurance, do not know who the perp is, no cctv

 

Slick132,

1. Has the other party's insurer accepted liability.

Don't know who did it, just cam back to find it a crushed at the front end, in a mixed car and bike park, no cctv of the incident

 

2. What make of motorbike is it.

Piaggio MP3 500 ie

 

3. Is the bike being repaired by the dealer where you bought the bike.

Yes

 

4. Who is your insurer.

Gone through Lexham, but there is a loss adjuster in between "Marble Arch" they are slower than a moped

 

I have given them a reasonable time to get it repaired, but emailed the Adjuster yesterday to say there has to be a time limit on how long it can take to repair and in my opinion it is up, new one please. I was wondering if there are any specifics about time laid down in some rules somewhere.

 

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Hi Steve,

 

So you have fully comp insurance - that's good considering the party at fault "did a runner".

 

As per the last para of my post above, I would go back to your insurer in writing (posted letter) saying you are not willing to wait any longer for parts to be sourced and, given the age of the machine, you expect them to replace it with a new one.

 

Tell them also you are not happy with the loss adjuster being slow (if that's the case), and you expect a full response within 7 days or you'll escalate your complaint and use social media to make people aware of how you've been treated.

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Does your insurance cover a courtesy vehicle/'bike while under repair?  (Might be an add-on you had to pay for).

 

Otherwise agree with Slick132 except perhaps I'd be demanding a new 'bike or a similar courtesy replacement until yours is repaired.  I wouldn't use social media but a lot of people with complaints say it's very effective.  Depends how responsive your dealer and insurance company are to social media criticism.

 

Don't forget to keep a copy of what you send and get a free certificate of first class posting (deemed delivered two days later).  They can refuse to accept "signed for" delivery.

 

EDIT: Don't understand slow Loss Adjuster.  Sounds open and shut.

Edited by Manxman in exile
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Manxman, I have sent the adjusters and email demanding either a replacement bike or another means of transport until mine is fixed. I will give them a couple of working days to respond and then formalise it in letter form if required.

 

My wife used to work for Loss Adjusters, although on property. They are a law unto themselves.

 

I can't go direct to the insurance company as they are offshore in Gibraltar and I suspect that is purely an office of convenience address.

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OK.  Wait for a response.

 

Our car insurance is underwritten by a company in Gibraltar, but our insurer still has quite a large presence in the UK  (one of Which? best buys).  Are you sure you can't contact the insurer?

 

(I raised my eyebrows when I saw we were underwritten in Gibraltar, but being from the Isle of Man thought it would be hypocritical of me to be concerned!  So far as I know, you still get all the financial protection as you would with a UK underwriter, and can still complain to the UK insurance ombudsman if you make a formal complaint to your insurer and they don't resolve it to your satisfaction.  But you need to follow the correct procedure.)

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The Insurers are Alwyn Insurance Company Ltd based in Gibraltar  via Lexham the brokers and Marble Arch the loss adjusters. It just happens that Lexham and Marble Arch are both based in Diss and not very far apart. Coincidence?

Edited by SteveT15
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Diss is a very nice town just a few miles down the road from me.  I can't imagine it's more than a co-incidence (well it might be but nothing nefarious I would hope!).

 

However, I don't know where you live, but Diss may very well work on a different perception of time than you do.  They might not be in the same century.  (Only joking, honest!).

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A quick look at online reviews shows Lexham to be pretty well-rated.

 

So I'd focus on politely suggesting that they get your bike repaired or replaced quickly considering the delays that have occurred so far. And I'd argue any suggestion that you should speak to the loss adjusters - you pay the broker and it is THEY who should sort this.

 

I think a posted letter would be best saying what I said in post #6 above.

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We lived in Heveningham (nearly Norfolk) and East Rudham so very close to being Norfolkatised. Actually Sussex born and bred.

 

There is actually is a relationship between the Brokers and the loss adjusters, see below taken from the insurance paperwork:

 

"This claimline is operated on our behalf by Marble Arch who will be able to confirm what cover your insurance provides and what assistance and services may be available to you."

 

So Lexham are actually in bed with the loss adjusters, a bit incestuous possibly, conflict of interest etc. They get their fees from the insurance company, but are in bed with the broker who is supposed to operate on their clients behalf.

Edited by SteveT15
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Just put the insurers on notice that you're not willing to wait any longer for a resolution to a fairly simple case, and ignore th e loss adjusters.

 

Keep us posted ...................

 

😎

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Having just checked, I think some of the brands belonging to that group are/were quite exotic.

 

I wonder if there are real difficulties getting replacement parts, even for a dealer or distributor?

 

But that's your insurer's problem - shouldn't be yours.  Do they specialise in 'bike insurance?

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new bike time IMHO.

that's what ins is for!

 

parts are freely available on ebay but I wouldn't feel safe as its a complete subframe in one bit.

basically a total stripdown and rebuild on a new subframe

more like the repairer doesn't want to do it as it will lead to not much of a profit to them in man hours.

 

 

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... 

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Piaggio probably have a UK main parts dealer. I would be surprised, if they could not get hold of the part or if Piaggio just don't provide the part for some reason, you could ask them to send you an email confirming.

 

I have come across dealerships that sell and service/repair vehicles not being great at sourcing parts. You would think they contact the manufacturers parts suppliers. But for some reason, they just fail and then the claimant with the damaged vehicle then gets hold of the part for them.

 

So you might have to make a few phone calls.

We could do with some help from you.

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