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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 
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    • 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 agreement terminated


toymaker1
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they appear when folk "tip your scales" for giving them good advice (i think)

 

Tip my scales, people, if I've given you good advice, pleeeese. I'd like more green things.

 

I don't have a headache either at the moment, DD, (ignoring what you really meant! :)) and I'm getting hungry. Maybe I'm getting better!!! yeeeah. But maybe I'm not, cos I'm sitting here in a t-shirt, boiling hot and my other half's got layers and layers and layers on, and says it's freezing!!! Men, eh!! Maybe he's got man-flu. ha ha.

 

Bye

Liz

:D

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Oops, there goes another rubber tree plant!

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Tip my scales, people, if I've given you good advice, pleeeese. I'd like more green things.

 

......and I'm getting hungry.

 

Ah you are hungry for green shoots :-D .

For this admirable ecological sentiment I have just tipped your scales.

May your things get greener still.

 

 

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Many thanks for the words of wisdom Liz!

 

Ignoring Egg appears to have been very effective so far too.

You are right, they attempt to bully vulnerable people into paying what they cannot afford.

 

Not just wisdom, more inspirational.

 

Thanks Liz.

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Hi Steven, I wonder if you could take a look at my first post and offer any wisdom, I also have several defaults totaling around 20K do you think I should ask for all the original agreements. Plenty of time now as I have been made redundant. Thanks

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  • 2 weeks later...
  • 2 weeks later...

Sorry haven't replied sooner. Am extremely busy. I agree with alisindebt, make a formal complaint to the DCA, as suggested by Alisindebt, and if they are alleging that they have purchased the debt from Egg, (can't remember thread, apologies) add the sentence, please provide a certified copy of the Notice and Deed of Assignment. In your letter also add that you are making a complaint to the OFT with a view to having their trading licence revoked. Then write to the OFT complaining about their behaviour.

 

LS

Oops, there goes another rubber tree plant!

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Sorry haven't replied sooner. Am extremely busy. I agree with alisindebt, make a formal complaint to the DCA, as suggested by Alisindebt, and if they are alleging that they have purchased the debt from Egg, (can't remember thread, apologies) add the sentence, please provide a certified copy of the Notice and Deed of Assignment. In your letter also add that you are making a complaint to the OFT with a view to having their trading licence revoked. Then write to the OFT complaining about their behaviour.

 

LS

 

Well said and furthermore use an additional technique that I tried (put it this way, they write to you, call you, get DCAs to harass you, so you have to become creative back until they realise they are better of frying other fish). Write as many complaint letters as you can. Always be factual, not emotional, include as much evidence as you can, but always try and index or list it so that the complaint is clear.

 

People I wrote to include their local MPs, their local Trading Standards, OFT, Consumer Direct, Banking Ombudsman. Even if you complaint cannot be handled by a particular organisation or MP, they always write to the DCA, which causes problems for the DCA, and very often they are investigated. this alone makes them think twice about chasing you.

 

They all walked off as a result, I was too much of a nuisance.

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People I wrote to include their local MPs, their local Trading Standards, OFT, Consumer Direct, Banking Ombudsman. Even if you complaint cannot be handled by a particular organisation or MP, they always write to the DCA, which causes problems for the DCA, and very often they are investigated. this alone makes them think twice about chasing you.

 

They all walked off as a result, I was too much of a nuisance.

 

This sounds like an excellent strategy and one I may employ for my PPI claim against another bank - It has to be worth a try!

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This sounds like an excellent strategy and one I may employ for my PPI claim against another bank - It has to be worth a try!

 

The main one here is the banking ombudsman service if you get problems in trying to retrieve money. I used them against Abbey.

 

There is an additional excellent source of information here:

 

PPI Reclaiming Guide: £1,000s for missold loan insurance...

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A bit late I know, I had exactly the same text and to date guess whats happened absolutely nothing! They keep threatening everything and doing nothing. I am however expecting a pleasant letter from their new DCA of choice. They cannot be bothered to send me my complete SAR, even after numerous letters so I'm no longer acknowledging any drivel from their random dca's.

 

Pumpytums

 

When they wrote to me i emailed back with the following bemused letter which did the trick. I also invoiced them for 100 pounds, saying that I charge out at 50 pounds an hour for unsolicited time wasting. They actually wrote back saying the account would not be pursued but they would not pay the invoice. I made a "collection call" by telephoning their office but the invoice remains outstanding as of today. This is the letter, which I adapted with a charge for time:

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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I also invoiced them for 100 pounds, saying that I charge out at 50 pounds an hour for unsolicited time wasting. They actually wrote back saying the account would not be pursued but they would not pay the invoice. I made a "collection call" by telephoning their office but the invoice remains outstanding as of today.

I HAVE to try that :D:D:D

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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I HAVE to try that :D:D:D

 

I do it regularly. When CapQuest closed my account, also due to a prior dispute with the OC (who were Egg-yes Egg sh** on CapQuest by selling them a dud debt-don't you love it??!!), I called CapQuest with a collection call, demanding repayment of installments that i had made to them.

 

The lady who had chased me for the alleged debt was suddently the victim of collection calls from me! As a courtesy and convenience to her, I offered tocall her at home in the evening, on her mobile phone or send around a doorstep collector, whichever was best for her. I can't understand why she became so flustered and angry, I wasn't being unreasonable!

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  • 2 weeks later...

They should perhaps re-read s98 and UTCCR Schedule 2 (1)(o).

 

However that said the only remedy the courts could conceivably apply would be to re-instate the agreement to a pre 'termination' state. Egg would then restrict your credit to the current balance and require minimum payments.

 

BTW has anyone got a copy of Egg's T&Cs that actually contains a clause 20??

Edited by basa48
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BTW has anyone got a copy of Egg's T&Cs that actually contains a clause 20??

 

Got 2 sets with my SAR. card was 2001.

 

Originals go up to clause 19.2, new ones go up to clause 24.2.

 

However, the clause that relates to termination by them in their latest T&Cs is clause 21.2.

 

Muppets can't even get that right!

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Got 2 sets with my SAR. card was 2001.

 

Originals go up to clause 19.2, new ones go up to clause 24.2.

 

However, the clause that relates to termination by them in their latest T&Cs is clause 21.2.

 

Muppets can't even get that right!

 

M

 

How many versions of T&Cs did Egg produce?

 

My 'termination' letter quotes clause 20.2, but the actual termination clause in the T&Cs sent is 15.1. :confused:

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How many versions of T&Cs did Egg produce?

 

My 'termination' letter quotes clause 20.2, but the actual termination clause in the T&Cs sent is 15.1. :confused:

 

 

Looks like they had loads then !!! I suppose they just kept updating them online and then confirming by e-mail. 15.1 then, I assume, would have been your original T&Cs.

 

20.2 would have been when they formulated their cut and paste response letter. Just not bothered updating it since.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Looks like they had loads then !!! I suppose they just kept updating them online and then confirming by e-mail. 15.1 then, I assume, would have been your original T&Cs.

 

20.2 would have been when they formulated their cut and paste response letter. Just not bothered updating it since.

 

M

 

The T&Cs they sent with my 2002 agreement are dated 01/09! :rolleyes:

 

The 'termination' letter dated Jan 2008 quoted 20.2?? :confused:

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