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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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EGG Credit Card debt - moorcrofts nasty letters


cleo4patra
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  • 8 months later...

Hi - Cleo here - after months of nothing from EGG I have received a a letter from "AKTIV" telling me they have purchased the debt from Egg and to contact them about payment etc....

 

Is there anything I can do or should be asking them for please - such as a notice of assignment. Sent unenforceable letter to Egg ages ago re: approved limit etc - seems funny they've sold it on n ow??????

 

thanks

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  • 1 month later...

I Have Received A Final Demand From Aktiv Debt Collectors For Egg Credit Card. I Disputed (read Pt's Thread) Regarding "approved Limit" Etc On Agreement - Never Heard Anything Then Received A Notice Of Assignement From Aktiv, Then A Discounted Offer, Now This. I Am Unsure What To Do - Anyone Help Please??

 

Thanks

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A discounted offer eh! Well and truly unenforceable then.

Did you send them the 'failed' letter to tell them that the account is in dispute due to failure to provide CCA?

 

If so, then they are well aware of the rules and laws, file their missives under ignore and make a complaint to the ICO/TS via Consumer Direct - Contact us

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...
Hi - Cleo here - after months of nothing from EGG I have received a a letter from "AKTIV" telling me they have purchased the debt from Egg and to contact them about payment etc....

 

Is there anything I can do or should be asking them for please - such as a notice of assignment. Sent unenforceable letter to Egg ages ago re: approved limit etc - seems funny they've sold it on n ow??????

 

thanks

complained to AKTIV quoting latest judgment "wholly unenforceable" etc if prescribed term missing. Now being investigated by them

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Guest HeftyHippo

cleo, you can complain to the OFT because it is considered an unfair practice for a lender to pass an account to a new DCA without telling the borrower. You can say how it is confiusing and causes extra stree trying to work out exactly who you shoudl pay. I think Egg tends to do this, they have with me, and i am about to complain to the OFT as a result

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I received a notice of assignment from Aktiv i think - will have to check.

 

My point is should they be chasing it when there is the claim that "approved limit" is not a prescribed term and therefore the agreement is wholly unenforceable

 

Previously to this they offered me a special offer discounted settlement!!!

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Guest HeftyHippo

whether they should be chasing is moot, but the fact is they are! they get round the dont enforce whilst in dispute by claiming that what they are doing is not enforcement, and also by saying you dont have grounds for dispute so your dispute is invalid

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  • 4 months later...

Had disputed Egg credit card debt - disputed due to "approved" credit limit and no rate stated for cash advances. Heard nothing for ages then Aktiv capital started writing to me - have now had letter saying "in our opinion" the agreement is enforceable.

Haven't posted in a while due to things going very quiet.

 

Any help out there please?

 

thanks

 

Cleo

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Hi,

 

Yes PT had a court case with the approved limit - it failed - but not just on this one point - so I wouldn't hang your hopes on the Approved Limit area.

 

PPI is a genuine area you can challenge, Egg were fined a huge amount regarding their mis-selling of the very same - if you didn't need it, want it, or were able to benefit from it - then its been mis-sold - you will get a refund of premiums Plus interest.

 

Were you one of the infamous accounts who recd a " you are to be terminated" letter in Jan 2008 (with termination occuring March2008) by Egg - as you didn't fit their new business model? If so, there is another area you can look at ..

 

Abs x

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  • 5 years later...

well a while since I've posted on this thread.

 

 

This has been to so many DCA's you wouldn't believe it.

 

 

The last time I requested copy agreement and paid the £1 fee they credited it to the account.

 

 

I dispuited this as it was not a payment.

 

 

PRA Group have now acknowledged in writing that this is STATUTE BARRED after agreeing the £1 was taken as payment in error.

 

 

Account now closed (£6k+)

 

 

As always CAG is my first port of call and thanks again.

 

 

Just shows how important it is if they count the £1 as a payment it re-sets the SB clock .

 

 

My PPI claim for this is now with the FOS.

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Just shows how important it is if they count the £1 as a payment it re-sets the SB clock

 

Hello again Cleo, good to hear this is dead and buried..

 

Just to clear up that little grey area, for others more so, but any notion of a DCA/creditor claiming that a £1 payment made for a CCA request is a payment made toward the debt will be incredibly hard pushed to convince a DJ of the same, and once a debt is SB nothing can unbar it.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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