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    • Thank you. You contacted directly with the parcel broker so your best option is to proceed directly against them for breach of contract. I hope you have read enough to understand that you will not be able to rely on the Consumer Rights Act 2015. Do you understand why? Have Parcel to Go giving you a reason for declining reimbursement? Do you have anything in writing from your customer which shows that they did not refuse delivery and which identifies the actual circumstances of the situation?
    • Which Court have you received the claim from?  CIVIL NATIONAL BUSINESS CENTRE, NORTHAMPTON Name of the Claimant?  LOWELL PORTFOLIO LTD How many defendant's joint or self?  SELF Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  03 MAY 2024 Particulars of Claim What is the claim for – the reason they have issued the claim?  THE CLAIM IS FOR THE SUM OF £6000 DUE TO THE DEFENDANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER ACT 1974 FOR A LLOYDS BANKING GROUP PLC ACCOUNT WITH AN ACCOUNT REFERENCE OF (ACCOUNT NO. 16 DIGITS LONG). THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED BY THE AGREEMENT AND A DEFAULT NOTICE WAS SERVED UNDER S.87(1) OF THE CONSUMER ACT 1974 WHICH HAS NOT BEEN COMPLIED WITH. THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON (DATE) NOVEEMBER 2016 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. THE CLAIM INCLUDES STATUORY INTEREST UNDER S.69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM FOR THE DATE PF ASSIGNMENT TO THE DATE OF ISSUE OF THESE PROCEEDINGS IN THE SUMBE OF £0.00. THE CLAIMANT CLAIMS THE SUM OF £6000. What is the total value of the claim? £6500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES, NOTICES OF CLAIM.  Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  YES  Did you inform the claimant of your change of address?  NO Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  CREDIT CARD When did you enter into the original agreement before or after April 2007?  BEFORE   Do you recall how you entered into the agreement...On line /In branch/By post?  I DONT RECALL   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  NO   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  DEBT PURCHASER.   Were you aware the account had been assigned – did you receive a Notice of Assignment? THE FIRST I RECALL WAS A LETTER FROM LOWELL SAYING THEY NOW OWNED THE DEBT.  Did you receive a Default Notice from the original creditor?  NOT THAT I RECALL OR BEEN PROVIDED WITH THROUGH CCA REQUESTS.AT LAST REQUEST THEY SAID THEY WERE AWAITING THE DEFAULT NOTICE AND NO ACTION WOULD BE TAKEN UNTIL RESPONDED WHICH TO DATE I'VE NOT HAD OR SEEN.  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  NO, I RECEIEVED LETTERS OF CLAIMS   Why did you cease payments?  I WAS UNDER MEDICAL CARE WHICH CAUSED ME NOT TO WORK. AROUND THAT TIME LOWELL HAD WANTED ME TO INCREASE MY PAYMENTS AS IT WOULD TAKE TOO LONG TO CLEAR THE DEBT. I HAD BEEN PAYING THEM WHAT I WAS PAYING THE BANK. I EXPLAINED MY THEN HEALTH & FINANCIAL POSITION AND THAT I WAS UNABLE TO DO SO. THEY PUT A HOLD ON MY ACCOUNT FOR A FEW MONTHS SO I CANCELLED MY DIRECT DEBIT. I MADE A FULL AND FINAL OFFER WHICH WAS REJECTED. WHEN THEY WANTED PAYMENTS TO RESUME I EXPLAINED I WAS IN A WORSE FINANCIAL POSITION, STILL UNDERTAKING TREATMENT AND NOW UNEMPLOYED SO COULD NOT START PAYMENTS AS THEY WANTED. AFTER SENDING MY FINANCIAL SPREADSHEET THEY KEPT SENDING LETTERS ASKING WHAT I WAS GOING TO DO. I COULDN’T SEE A WAY FORWARD I FELT STREESSED AND UNDER PRESSURE SO WROTE THAT I WOULD NOT BE CORRESPONDING WITH THEM ANYMORE.    What was the date of your last payment? NOVEMBER / DECEMBER 2018   Was there a dispute with the original creditor that remains unresolved? NO   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I COMMUNICATED MY FINANCIAL PROBLEMS WITH THE CREDIT CARD COMPANY, WE MADE A MONTHLY PAYMENT AGREEMENT WHICH WAS KEPT FOR SEVERAL YEARS UNTIL DEBT WAS SOLD.  
    • Perhaps you would care to read this and reflect on your continuing comparison of Israel to Nazi Germany Jugg    ALEX BRUMMER: How grotesque of pro-Palestine protesters to besmirch Auschwitz, the place where my grandparents died WWW.DAILYMAIL.CO.UK As the son of a refugee from the horrors of the Holocaust, I can feel nothing but contempt for the ignorance, gross... My elderly aunt Sussie and cousin Sheindy had been teenagers at Auschwitz and Belsen but survived and are alive to this day. What they will make of the protesters who waved flags, heckled and chanted as Israelis took part in the March Of The Living – the annual walk from Auschwitz to Birkenau – I cannot imagine. The images now circulating of the protesters are indescribably disturbing. They can only bring back memories of those final moments Sheindy shared with my grandparents when my grandmother Fanya squeezed her hand and told her to lie about her age to avoid the gas chambers. Claiming she was older, and could work, meant that Sheindy lived, not died. The outrage perpetrated by Hamas on October 7 has brought back the most terrifying memories for these two women – memories of pillage, mutilation and starvation. The Holocaust, or Shoah to use the Hebrew word, was the deliberate, industrial-scale killing of Jews.  It is bad enough that pro-Palestinian and pro-Hamas sympathisers have chosen to steal the language of the Holocaust.  Any comparison between Israel's retaliation and the monstrous genocide of the 1940s is odious and anti-Semitic
    • Thank you JK2054 and BankFodder for your replies. The information requested is as follows:   My wife and I are sole traders supplying bespoke, handmade wedding trays and other items through our website. We do not sell on ebay. We had an order for two trays (invoice value £370) that were shipped on Monday 25th March. We used P2G as the broker and Evri as the shipper. We declared the value but did not take out insurance. As the trays were a present for a wedding on Saturday 30th March we checked the progress of delivery on the Thursday to see that there had been an attempt to deliver on the 27th but the driver failed to deliver as the customer’s gate was shut (customer informs us that the gates are open between 7am-7pm. We contacted the customer who informed us she had been waiting in all week and there had been no attempt of a delivery. Evri allege they attempted to deliver on the 28th & 29th. On the P2G web site on the 4th April at 14.17 it stated that the customer refused delivery. At 14.28 it updated to say there was a problem with the address and at 14.32 updated to say the customer had refused delivery. At 14.35 updated again to say it was being returned. Last entry was on the 7th April that it was being processed at the depot. We never received it. I have had six web chats with P2G between the 4th-30th April. On the 26th April, I had an offer of £20 plus cost of delivery (£6.72) from P2G which I rejected. During this time, I also contacted Evri that resulted in an email from Evri Customer Services (20th April) stating that they had lost the parcel. I replied requesting details of the attempted delivery but received no reply. After emailing Evri again on the 23rd asking again for the information I received a phone call from someone called Haleemah on the 25th who apologised and promised to send an email with a link to submit a claim form. I subsequently received an email with the link which only took me to a page that stated “Page not found”. After informing Evri customer services of the problem (to which no reply was forthcoming) a couple of days later I retried the link but it only took me to the Evri website. I believe that I have a good case against both companies but would appreciate guidance on which path to go down. I have read most of the information on this site, which has been very helpful and much appreciated, particularly the various court transcripts. I appreciate that this process is a marathon and not a sprint and am fully aware that I need to get everything in the correct order before starting on the legal road. I am sure this covers the current position but if further info is needed please let me know.  
    • Everything at small claims revolves around informality and common sense, there are no "special" ways to have to do things. The site manager's WS will be like yours and the one I linked to - just much shorter.  There need to be the introductory hearings about the case, the parties, etc., and the concluding Statement of Truth. In the middle just a couple of paragraphs where they say who they are, how they know you, and about permission being given by the landowner to use the car park. Superb.  I've added another section about the signage to the suggested WS sections three posts above. Yes, it's perfectly possible.  It'd be a good idea to phone the court on the 18th to see if they have paid.
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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.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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Evans Halshaw/Halifax car finance - car purchased Apr 22 engine replaced Nov22 Faulty Turbo ***Resolved with Compensation from Finance Company***


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Hi

I purchased a Vauxhall Astra in April 2022 from Evans Halshaw using Halifax car finance. The car had 6500 miles on the clock and was first registered from new 31.01.2020 so still had 7 months manufactured warranty. 


In September 2022 I had issues occasionally getting the car into first and second gear, booked car into Evans Halshaw on the 14th October 2022, they contacted me on the 16th saying it needed a new engine, they replaced it with a new one. I picked the car back up in November 2022 - the car had only done 10,500 miles at this point.

last weekend I was driving on a motorway when a fault popped up saying engine power is reduced, i pulled off at services, switched on and off and engine management light appeared.

I drove home and took the car to a local garage for a diagnostic test as warranty now expired. The fault couldn’t be diagnosed by them as main dealer code so had to take back to Evans Halshaw again.

They had the car for 3 days before they checked it and rang me saying it needs new turbo at a cost of £2500 and are not prepared to cover any of this.

I complained as the car has only now done 15800 miles surely it is not fit for purpose having needed a new engine and now a new turbo in such a short space of time , given such low mileage.

I’ve complained to Evans Halshaw and to my finance company.

What else should I do?

Thank you

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  • dx100uk changed the title to Evans Halshaw/Halifax car finance - car purchased Apr 22 from - Faulty Turbo

forget warranties they mean nothing.

under your consumer laws like the consumer rights act , as its outside 6mts you would need to provide a report that concludes the turbo was faulty upon purchase. i suspect if this were the case, as its already been in for an engine replacement, the turbo would have proved faulty then.

 

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 Evans Halshaw/Halifax car finance - car purchased Apr 22 - engine replaced nov22 - now Faulty Turbo

In addition to the above, you are entitled to have a vehicle which is of satisfactory quality and remains satisfactory for a reasonable period of time .

Clearly for a turbo to pack up so early in the life of the vehicle indicates very strongly that they can't was not satisfactory quality when you purchased it.

It will be helpful to get a second opinion from an independent garage including a comment relating to the life expectancy of a turbo which was in satisfactory condition.

I'm sure this would be at least 100,000 miles.

Get this opinion and then we will help you begin your claim.

 

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Morning, thank you for your reply. I'm going to ring a garage today to try and get a second opinion and the comment ref life expectancy of turbo.

I don't drive on a motorway often and mostly just commute to work which is a 8 mile round trip, the journey i was on was the longest trip the car had been on since the new engine but was only a 2 hour trip - 2 hours there and 2 hours back. I drove there fine stayed over night and the error came on, on my way home. 

iI'll update once i have had a garage look at the car. 

Thank you 

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Some further thoughts:

Modern vehicles are very sensitive to the quality of oil used and adherence to specified service intervals. Although your vehicle is low mileage, it is over 3 years old, which would mean it should have been serviced several times by now. Does your service documentation include stamps to indicate this has been done? If not, that's all the garage will need to avoid this claim.

Something doesn't quite make sense to me here. I don't understand why a car having trouble engaging 1st or 2nd gear would need a new engine. Trouble engaging gears would normally indicate either a clutch or gearbox issue, not an engine issue. Is the OP certain the engine was replaced, and not the clutch or gearbox? I think that needs confirmed.

Also, if the engine was replaced, I would doubt the turbocharger was. When engines are replaced they're normally replaced as 'tall' or 'short' engines, which means they include the block and cylinder head (tall) or just the block (short). In either case, the accessories and ancillaries, like the turbo, alternator etc, would not be included and would be reused from the old engine. So even if the engine was new, the turbo would likely still be 3 years old. Still too young to have failed though, assuming all servicing was done properly.

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Hi

Didnt buy the car until April last year and when I took the car home, noticed the car hadn’t been serviced according to the service book since 2020 - can’t remember exact date as my car is now in a local garage. I rang evans Halshaw to ask for the car to be serviced as they sold with full service history, they booked this in and serviced the car May 2022 service book stamped. I had the car serviced myself May 2023.

The engine invoice dated 28.10.22 states investigate unable to select first gear intermittently due to clutch pedal sticking down. Carried out investigation, confirmed customer fault, clutch pedal sticking down. Checked for leaks, non present, checked TSBs, found TSB 21-E-3665 for this issue. Carried out checks for end float on engine as stated in TSB, found excessive end float in crank causing loss of clutch due to excessive crank movement. Vehicle requires engine. 

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Ah, so there's a known fault with this engine (indicated by the Technical Service Bulletin [TSB]) that causes excessive back and forth movement of the crankshaft (end float), which was causing clutch problems, and so you needed the new engine to resolve the end float problem, which in so-doing would resolve the clutch issue. Got it.

However, I still think the lack of proper servicing, or at least the lack of evidence of it, is going to be a problem. It would be worth checking whether their systems have evidence of the car being serviced, hence the full history on the advert, and it's not just the book that hasn't been stamped. It might be worth calling in to Evans Halshaw and asking them if they have any service history on file for the car.

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Hi just to update, I took my car to an independent garage today who ran tests and took the car on a run. They removed the engine management light and it hasn’t come back on. 
I don’t know why Evans Halshaw would say the car needs a new turbo? 

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So does this mean that there is no fault and no more issue?

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Yes it looks that way, do I close the post, remove the post? 
Evans Halshaw told me it needed new turbo, I was advised to get an independent test which I have and the fault has gone.

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I'm glad it seems to be resolved but keep an eye on it and come back here if you get any more problems.

 

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urm..doesn't really mean the issue is resolved though.

it's classic for a failing turbo to do it only under motorway conditions/revs/speeds

id go take it for a good burn out down a quiet country road see if you get any whitish smoke out the back.

if the turbo is failing then it will dump oil into the inlets and then the exhaust = white smoke ....but only when its had a good trashing. 

get some kitchen roll or white cotton rag and see if it spits out drops of oil from the exhaust when you static rev it after a trash.

you don't want a fruked DPF filter.....

 

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 would be amazed if you're that lucky. ECU fault codes have criteria that must be met before the code is recorded, and criteria that must be met before the ECU fault light will illuminate.

For example, in most cases the engine's ECU must experience a fault several times across several drive cycles before the light will come on. That happens to guard against a transient problem causing the light to come on. 

I suspect you'll find over the next few days that light will come right back. 

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Hi you were all correct.

It’s gone again, re appeared today 🥲

The reduced engine power warning light came back on today with the engine management light, I took your advice and took it for a good run and this was the result.

I’m not sure where to go from here other then just pay the money to get the turbo replaced but i really don’t think the car has been fit for purpose.

I’ve done less than 10,000 miles in the car since I bought it in April last year and had the car serviced twice since I’ve owned it.

In the first 6 months of me owning the car it had a new engine under warranty and now according to evans Halshaw needs a new turbo - at a cost to me.

I cannot afford not to have a car or buy another one as my car is on finance.

I need a car to get to work and get my children to school.

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did you try the exhaust blow out test.?

you should not have to pay anything here.

the car is on finance so its not yours, i think its time you involved the finance company.

 

dx

 

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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In your first post on this thread you say that you complained to the finance company.

Has there been any response?

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Hi

the only response I have had from the finance company (Halifax ) is that it can take 8 weeks for them to fully investigate to their conclusion/ outcome.

I have sent them proof of the engine replacement (the invoice from evans Halshaw dated 31st oct 2022) plus an email from last Friday from evans Halshaw stating the car needs a new turbo and vac pump at a cost of £2400 +.

I raised the complaint with them last Friday and haven’t had any response yet other then them telling me the 8 weeks and asking me what outcome I would like ideally and I said rejection of the car.

I have really lost all confidence in the car given the engine replacement and the turbo issue.

When the engine light came back on this morning I did try ringing the finance company again for an update but their lines were closed despite their website saying they were open until lunch time. I will try them again on Monday. 
 

I didn’t try the exhaust blow out test as I really don’t know how to do this, I know you said about kitchen roll or rags but what do I do with them - bung them in the exhaust? 
 

thanks again everyone 

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Maybe you have already told us, but could you then say again whether you are still driving the vehicle.

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I wasn’t until I took it to the 2nd garage for a second opinion an independent garage as advised to do so on Monday who advised the car was fine.  Should I not be driving the car? The fault only came back on today.

I don’t see how I cannot drive the car. I’ve got two kids who go to different schools needing dropping off at breakfast clubs in order for me to get to work which is 5 miles away from my home, I need to work in order to pay the car finance . 

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I haven't made any comment as to whether or not you should be driving the car. I only ask what the position was.

However if you are advised by an expert not to drive the car then this is probably the advice that you should follow

 

I also realise that you haven't told us anything about how much you paid for the car. I think it will be helpful to know this.

I understand that a repair to the car will cost about 2 1/2 thousand pounds. Is that right?

Would you be able to afford to get the car repaired and recover the money later?

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I paid £14,500 for the car in April last year.

I could pay the £2500 to have the car repaired but I’m a little reluctant to do so with no guarantee of getting this back - I’d have to pay this on a credit card. 


thanks again for your help

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halifax finance should not, as the owner of the car, be treating this as a 'complaint' thus using the 8 weeks rule.

they are equally liable under a section 75 claim being the financier under the Consumer Credit Act 1974.

if its relevant ...you simply hold a kitchen towel close to the exhaust pipe and rev the engine, though it's better to do this after a good thrashing to prove the turbo is blown and letting oil through ...black oil spots...

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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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7 hours ago, dx100uk said:

halifax finance should not, as the owner of the car, be treating this as a 'complaint' thus using the 8 weeks rule.

This is a great point. I had never thought about it but now that my site team colleague has highlighted it, it is clear that he is absolutely right.

The liabilities are clear – it is the finance company under section 75.
The question now is what action to take about it

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Obviously the car has been running well for some time. Please could you tell us how long have you been using the car without any difficulty in the year and two months which you have owned it.

It is important to know this because if eventually you are given some kind of award/damages, then it is likely that there will be a deduction for the time that you have had the use of the vehicle without problems.

We need to know exactly the value of the dispute

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Also, you bought a second-hand car and it has since been fitted with a new engine. Presumably this is a car that you would rather keep – especially if it is then fitted with a new turbo.

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