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    • Hi Firstly did you send the Formal Complaint letter I mentioned in post#6 and also did you send a SAR Request??? Right whoever that was from the Housing Association that stated they can do what they want is very sadly wrong and what they had just done by attending your property and trying to change the lock without a Possession Order from the Court is classed as an ILLEGAL EVICTION as a Notice to Quit does not give the Housing Association the Power to attend you Property and try to change the locks. You need to remember if you leave that property with no possession order from the courts and try to get the council to house you as homeless you will be classed as intentionally Homeless therefore you have no right to be given temporary housing by the Council. (as mention in my post=6). You need to do two thing urgently and they are another Formal Complaint to the Housing and to contact them by phone and not ask but demand to speak to the Housing Manager as to why they tried to carryout and Illegal Eviction without a Possession Order from the Courts by trying to change the Locks to your Property.   Dear Sir/Madam FORMAL COMPLAINT Reference: ATTEMPTED ILLEGAL EVICTION WITHOUT A POSSESSION ORDER FROM THE COURTS Today 18th June 2024 at approx XXXXhrs a Housing Officer attended my Property with a Locksmith to change the locks to my property unaware that I was in the property at the time and breaking into my property all caught on my doorbell camera. When challenged by myself on this matter that the Housing Association required a Possession Order from the Courts to even think about changing the Locks to my Property your Housing Officer was obnoxious and insisted that the Notice to Quit letter gave him all the powers he required to therefore change the Locks to my Property. What the Housing Association have just tried to do is to carryout what is classed as an ILLEGAL EVICTION as you did not have a 'POSSESSION ORDER from the COURTS' and a 'Notice to Quit' Letter does not give your Housing Association Carte Blanche to carry out such action as a Notice to Quit Letter is only the start of any Housing Association process for evicting a Tenant as your Housing Association should be fully aware of. The actions of your Housing Officer were all recorded on my Mobile Phone as well so I have full evidence of the Housing Association actions in attempting an Illegal Eviction which I will also be making the Courts fully aware of when you take this to Court to get a Possession Order. The actions of the Housing Association and specifically your Housing Officer have caused untold stress due to the above and I require an urgent meeting to explain your actions due to the above which I find absolutely disgraceful by the Housing Association and also require the following: 1. Your Eviction Policy (not the leaflet) 2. Copy of your Complaints Policy (not the leaflet) 3. Copy of your Customer Care Charter (not the leaflet) 4. Copy of your Equality and Diversity Policy (not the leaflet)   
    • the same 3 question on the n180 are asked before the mediation can begin. so you then say ... despite numerous requests dating back over 1yrs the claimant nor their sols have supplied me with requested paperwork to enable me to make an informed decision upon entering into mediation. i therefore refuse. you are doing the same thing again you did last year  https://www.consumeractiongroup.co.uk/topic/458251-linkkearns-claimform-old-barclaycard-debt-now-n244/?do=findComment&comment=5232418    
    • I'm compiling a brief list of points to state in tomorrow's mediation call.  it would seem that I have to come to an agreement of some sort. Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court?  Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow? By paying I mean, not hurling myself off a cliff.    
    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
    • Boeing's CEO defended the company and pledged that it has learned from past mistakes.View the full article
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      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.

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    • 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
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first cars direct/montonova HP - Range Rover Evoque engine timing chain failure? after 1yrs.


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Hi all

I bought a used RREvoque 67 plate 33k miles back in feb 2021 from a used car dealership.

car is in HP and has now roughly 37/38k miles on clock with 4 year left to pay.

the engine failed last week and recovery man in his opinion felt it was due to a timing chain issue..

it got towed to local Land Rover dealer and they said that the engine has failed due to the engine oil being congealed due to lack of service (they checked their online system and couldnt Find any service)

I explained that there is service history in the car (this was prior to me owning it) which they had access to and I didnt and after them checking they confirmed they had found a receipt confirming an oil change in 2020 at approx 24k miles.  However as this was done in an independent garage and receipt was handwritten they couldn't verify it.

I argued with them this proves that the oil has been changed and can the technician give another reason as to why he believe the engine to have failed.  They are not willing to do this..

since researching I have then found out my type of car has several faults and in particular one relating to DPF clogging which if not caught can lead to engine failure (and can also cause oil sludge)and another fault relating to the timing chain belt stretching.

after googling it is fair for me to believe a timing chain should last to approx 60-70k miles

my type of car is supposed to be serviced every 21k miles or 24 months.. 

it was serviced in oct 2020 therefore I am due to service it oct 2022

they have argued this service was late and should have been done in 2019 therefore I'm also late as mine should have been done in 2021. They then say the car has not been maintained to the standard it should have been.

I need someone to be blunt and tell me how it is cos I am struggling to see how a 4.5 year old car with 37k miles running at most 7months late on a service (with no request on the dashboard for this) would then have engine failure.

please help as I am not in a position to pay £15k for a new engine 😭

thanks and sorry for the long post

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Why have you got to pay anything..it's not your car .not your problem!!

 

Who is the dealer, who is the finance company please?

 

Dx

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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I seen you saying on the previous posts which I was intrigued about.
 

HP is motonovo finance.

Dealer is Taggarts North (Glasgow) 

I bought it from a used garage called first cars direct in Feb 2021

 

 

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You are going to need an independent inspection report, so you have information available, if you want to pursue this legally.

 

WWW.THEMOTOROMBUDSMAN.ORG

If you have a dispute about your vehicle then you may be asked to get an Independent Technical Report to support your case.

 

The car is on finance, so your finance company has an interest in the car.  But it is whether this can be used to help you in this situation.

 

Was there any warranty on the car when you bought it ?  And does this still cover the car ?

 

What information was provided when you bought the  car e.g. service history, inspection checks by garage.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Forget any stupid warranty, not worth the paper its written on and would have runout by now anyway

 

follow that other thread you originally posted on.

and post up the information requested on there to your thread here.

inc some dates of these communications.

hope this hasnt all been done by phone so far with no papertrail

 

we need all the same stuff, like the full agreement from motonova etc etc..

 

Read upload carefully.

 

Dx

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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  • dx100uk changed the title to first cars direct/montonova HP - Range Rover Evoque engine timing change failure? after 1yrs.

No problem will pull out everything tomorrow and try get it uploaded. 

Warranty has run out as you'd expect. It was sold with full service history which is in the glovebox of the car.

I have already sent a detailed email direct to Land Rover as I had initially contacted them about them paying for the repair due to their fault. I stumbled across these threads earlier on so haven't even contacted the HP company yet.

I have asked the LR garage for copies of the diagnostic report as I'm aware they're palming me off.. I've yet to receive this so I've just chased the service manager on email for this.

worth point out that LR have yet to give me an exact cost of the repair as they don't know what it entails.

can I still use my CRA2015 even though it was used car and after 30days?  

I've tried to read up on this and it seems that it comes down to what is a reasonable amount of time to expect the goods to last.

I would argue that 4.5 years for a high end car is an unreasonable amount of time. Even without a service (which it has had just not at a land river garage) 

thanks for advice will gather all required info tomorrow 

looked into organising an independent assessor. 
can I ask should I be getting the car back from the dealer just now or can this assessment be done on their site? 
and does the dealer need to provide me with a detailed diagnostic report (at present it's a writing email from them telling me what the failure is due to their technician expertise) 

don't know if this is any use but attached is the document which states all the faults on my type of car which is publicly available (I had this prior to finding you guys)

D8 Dilution Explained.pdf

Attached is all I can get from the motonovo website.

Everything was signed digitally and I don't see a copy in my inbox, all paperwork relating to car is in the car so I have emailed the dealer asking if I can come down tomorrow to collect.  I am hoping that the original paperwork is their.

Failing that do I just contact Motonovo and request this? 

The car has a private registration but year of car is 67plate, registered in 2017. (don't know if this makes a difference)

MotoNovo Finance _ Details.pdf

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i would be writing to motonova tomorrow, briefly informing them of what is going on and informing them as it's their car, they need to contact the dealership soonest to resolve this issue as its been dragging on for xxx weeks now.

should they fail to deal with the issue swiftly, then you will be exercising your consumer rights under both the consumer rights act 2015 and the consumer credit act within 14 days.

please remember next time you upload PDF's to REDACT any information that might ID you to the players reading here in your issue.

per i would also inform motonova where the car is and how to contact them.

On 09/04/2022 at 18:29, mummytobe said:

they have argued this service was late and should have been done in 2019 therefore I'm also late as mine should have been done in 2021. They then say the car has not been maintained to the standard it should have been.

utter BS, then the dealership is responsible for selling you a car not as advertised ...CCA VOIDED under CRA

 

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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Independent engineers assessments can be done at garage where the car is, if the garage is OK to facilitate this. So speak to the garage about this.

 

Until the engine is taken apart they might not know exactly cause and what work is needed.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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  • 1 year later...

what happened please?

 

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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  • dx100uk changed the title to first cars direct/montonova HP - Range Rover Evoque engine timing chain failure? after 1yrs.
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