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    • Hi.   What reason/s have they given you for declining please?   HB
    • get the FOS done and see. i have a feeling you might not need to do the latter.    
    • Noted, thanks re-draft it is then 🙄    If it does go to FOS and its upheld can I also go for the throat and apply to set aside the suspended judgement (consent order) based  CCA  sections 86E not providing default sum notices 86(5) not entitled to enforce agreement  87(1) and 88(2) leading to unlawful repudiation of the credit agreement. Just an idea. 
    • CB ....this conclusion is true.   as for PB, i can assure you that user most probably ( well i know but shouldn't say} holds the record here for the most reported posts by users as well as from those of the site team concerning his posts. if you hold on someones username further info can be seen.   however , a bit like say vodaphone or virgin media , very large companies with millions of customers will get the most complaints made against them...and that equates to posting levels here too. as for 'royalties account holder' that again merely points, by a default label in the software package we use, to the number of posts made.   one could further this by noting were we to agree with all their posts they would be on the siteteam... i will leave you to understand why not .....       don't think anyone did?    regards  DX
    • Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it.       Confucius  say "he who backpedals, falls off bike."    I'm not surprised in the least that you, a gold account holder on this forum, would adopt a dismissive attitude to this well deserved victory in court against DCBL, however I'm curious as to why you opted to reduce the issues at stake to being 'simply' about ' the EA fell foul of the regulation which defines "relevant premises".   That certainly wasn't any argument that Iain Gould furthered and he's a civil actions lawyer whom, dare I say it, know a hell of a lot more about trespass and misuse of private information than you do.   The judge never mentioned "relevant premises" either. Not during the hearing or in his judgement. And you never mentioned it either prior to know. In fact, in the original  in the original 2018 thread you even went so far as to suggest that whatever address was on the writ was irrelevant because, "interestingly, if the address is not  a requirement it would not be possible to sue the bailiff for wrong attendance under section 66."   Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.   He sued for trespass. Part 66 never applied to him because he was not the debtor and never had been. You and the likes of DCBL can disregard that obvious point as much as you like, but bailiffs do not have a blanket immunity from trespass.   Have a look at the article Iain Gould has written on his blog about the case. It might help you understand the tort of trespass in some small way, and might help you adopt a more balanced approach to those poor sods who owed no debt and have had their homes raided and their privacy breached by EAs, and then - to add insult to injury - they come to you looking for help.   What makes it worse is that your defective understanding of when an Enforcement Agents action can give rise to trespass is backed up by your site team members who think it's their job to echo your mistakes not by justifying what you say - because they can't - but by making defamatory remarks at the expense of those who give the 'correct advice'.   Unlike you and your team members I don't hide behind the protection of anonymity. Nobody can hold you to account if you get it wrong, or heaven forbid, if it turns out you  have been working for a firm of debt collectors all along. To add to this, you don't seem to care much about removing libellous remarks from your forum when a legitimate complaint is raised.   To respond to Bank Fodders comment that "At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief."   Seriously? I have to point it out to you.   Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.   Maybe it had something to do with Gold Member Peter Bard leaving this comment on the same thread that stated:   "The point I was trying to make is that the EA will not be as interested in paperwork as in physical proof that the debtor does or does not live there.   As said there is no requirement for an address on a warrant, in fact the debtor may live at several addresses and the bailiff may attend to serve at any of them. The warrant is against the debtor, not the debtor at an address. It requires only enough info to identify the person.( see CPR wherever it is).   The bailiff will be much more interested in getting in and checking for clothes in wardrobes, sleeping accommodation, letters etc."   I'm sorry if that wasn't enough for you to justify me bringing that point up in the video. I did consider coming here before I completed it and asking those members if they intended to maintain their position that the Enforcement Agent had acted within the law but strangely the forum account I had used to make my first and only posting on this forum in 2018 - to counter the smears - would not allow me to sign in.   Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf.    It looks like I was right about that also. Unfortunately I have given in to temptation, and am choosing to respond, even though I know how utterly futile it is.
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Safety Recall Notification - Faulty Airbag


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Hi,

 

I received a safety recall notification for my Mazda 2's (62 reg) passenger airbag. The car has been with me since new. I'm of course very disappointed because it means I need to take it to the local official Mazda garage which I dislike very much. (They're overpriced and rude). The garage didn't have any slots until 3 weeks from now, and they told me (rudely as they always do) because it's a safety recall they don't offer free pickup. Anyway the following questions are popping in my head:

 

  1. Am I entitled to claiming compensation for the taxi back and to the garage. (I'm probably going to walk mind. It is however a solid 45mn walk)
  2. Any other form of reasonable material compensation for making me waste 2 hours of my day?
  3. Any moral compensation? I mean not only I have just found out I have driven a car with airbag that may not deploy for 8 years, but also the letter from Mazda's customer service director started with "Over time we occasionally identify issues that could negatively impact your driving pleasure and we take action to remedy this." which is quite frankly poor form, downright offensive in its use of euphemism.

 

I'm of course not expecting anything, but it doesn't hurt to contemplate it. I think it's a valid form of venting.

 

Thank you in advance for your opinions 😎

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Posted (edited)

They sound like a crap garage so when you get your next car don't buy a Mazda (or at least don't buy from them).  Have you ever complained to Mazda UK (or whatever they are) about the standard of customer service this local dealer provides?  (Dealers can lose marque dealerships so it's always worth complaining).*

 

I don't see why it being a safety recall means they won't offer a free pick-up?  Seems all the more reason to me to do it for free.  All the dealers I have used have always offered a free pick-up for any recall.

 

1.  You can always ask for a taxi fare - they'll probably say no, especially if you can't produce a receipt.  I doubt you are legally entitled to anything.

 

2.  You can always try billing them for your time off work at your wage/salary rate or litigant in person rate, but I think they will rudely tell you to go away.  Again, I doubt you are legally entitled to anything.

 

3.  No - you haven't suffered any loss.  In fact, I presume you've only just found out there's been an issue.  I had the car I'd been driving around for nine years written off in an accident where the air-bags didn't deploy when they should have done.  I suffered no injury and never thought of asking for compensation.  [EDIT:  You've not even had to find out if fit works or not]

 

You may not be entitled to anything legally on any of these grounds, but if you ask nicely you may get a goodwill gesture.  If you get nowhere with the dealer, try Mazda UK, but I think you'll be wasting your time.

 

*Interestingly our local Mazda dealer seem very good.  In fact, on the last two occasions we've bought a car, we would have bought from them on customer service grounds if we hadn't found more attractive cars elsewhere.  Seriously, complain to Mazda UK about the standard of customer service they provide.

Edited by Manxman in exile
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Thank you Manxman, appreciate the thorough response.

 

If my only choice is to depend on the garage's goodwill I might as well give up now :D I stopped doing my services there a few years back after they yelled at me for not understanding the difference between aircon service and aircon regas. And for the same level of service they were charging £250 compared to £120 at formula one , who as a sidenote also aren't rude.

 

Will definitely consider writing a complaint to Mazda Motors UK. The prospect of having them lose points sounds great! Will also think about driving 40 miles to the next official garage, especially if they can fit me in sooner. I do hope to continue driving Mazdas because they are pleasant to drive and extremely reliable.

 

Sorry to hear about your bad experience with an accident. Glad it turned out for the better.

 

 

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Complain to Mazda UK.  Tell them you've got the safety recall and you don't want to use Mazda Crap Dealer for the work but your nearest alternative is 40 miles away.  Ask what they suggest you do...

 

Of course, as you've already got it booked in etc you probably don't want to mess about with it, and it is a safety recall so needs attention.  And your old dealer might not be happy with you - but can they be any worse?  Think about it.  You could just complain and see how they treat you in 3 weeks time when you bring it in...

 

But I like being awkward... and it can have it's downside...

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Posted (edited)

There are loads of Mazda Dealers. Find one in a nearby town which you would like to visit (The town not the Dealer).

 

Book it in and whilst they replace the airbag, go for a relaxing walk, stop for coffee etc. Browse the shops (with a mask).

 

Never seen anyone call a recall notice 'Offensive' before, you need to calm down.

 

H

Edited by Hammy1962

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

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Never had someone tell me to calm down before for a bit of hyperbole, and I find it a good response to euphemism.

 

"Your passenger airbag not triggering may negatively impact your driving pleasure". Honestly who comes up with stuff like this 🤣

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