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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 160 replies
    • 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
        • Like

KAZZAW v EGG ***WON***


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Having received a full settlement from First Direct my confidence is growing & I'm looking for other battles to fight!! ;)

 

DPA letter sent to EGG on Friday for closed Egg Credit Card account.

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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  • 3 weeks later...

UPDATE

 

Received a request for ID documents which I sent last week.

 

Jenny Gordon says I will have the information requested within 40 days from 24/7/06.

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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  • 1 month later...

Statements etc arrived whilst I was on holiday spending other settlements!!

 

Prelim letter to be posted tomorrow for claim of £300.

 

From reading other threads I'm not expecting this to be settled this side of Christmas!!

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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  • 3 weeks later...

LBA sent today with another copy of the schedule. Don't want them to say they haven't received details of charges claimed!! ;-)

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Egg have replied to my LBA saying basically that it was my fault that I got charged as they do everything they can to take my money by insisting on having a direct debit. Also they said they had warned me how much they would charge me if I didn't pay.

 

I was a naughty girl on 15 occasions according to their records. At least I know that my figure of £300 (15 x £20) claimed is correct!!

 

I assume this is the same reply everyone else has had.

 

Another week to wait & I'll start proceedings through MCOL.

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Claim filed online:

 

Claim £300 + interest £93.51 + court fee £50 = £443.51

 

Settle back now for a long wait!!!

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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  • 4 weeks later...

Claim acknowledged!! :mad:

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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  • 2 weeks later...

28 days was up today so at 9am this morning pressed the magic "request judgment" button! Everything went through OK. :)

 

 

 

 

Just got in from work & checked MCOL again. DEFENCE!!!!!!!!!!!!!!! :mad:

 

What a shock!!!!!

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Received 3 copies of the defence through the post plus AQ from Mansfield Court.

 

Also received a letter today from Egg dated 17/11/06 offering a settlement of £56 made up of 14 x £4.

 

Going to search the threads for a copy of Egg's defence to compare. If anyone has one posted can they point me in the right direction.

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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  • 4 weeks later...

Ignored paltry offer from Egg & have now received notification that the case has been allocated to the small claims track.

 

The hearing will take place at 2pm on 4/4/07 at Mansfield County Court.

 

Copies of all documents to be submitted no later than 18/1/07!!!

 

HELP!!!!!!!!!!!!!!!!!!!!!!!!!:eek:

 

I've never had to go this far with a claim before!!! Lots of homework to do now!!

 

I hope admanbo80's good fortune is going to continue to all the EGG crowd!!

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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hi kazzaw use the court bundle you are a couple of weeks in front of me so i am now subscribed to your thread so i know what is coming

SETTLED CASES

LTSB (CC) £20 21-8-06

HSBC (CC) £600 19-10-06

HSBC (Ac) No.1 £1900 25-10-06

RBS (CC) £900 25-10-06

Smile (Ac) £1300 17-11-06

A&L (Ac) No.1 £400 23-11-06

A&L (Mortgage ERC) £3900 4-12-06

LTSB (Ac) £200 13-12-06

A&L (Ac) No.2 £120 19-12-06

HSBC (Ac) No.2 £650 29-12-06

LTSB (Business) £1700 13-2-07

RBS (Ac) £4500 + Default Removal 17-3-07

Barclays (Bus) Warrant of Execution 10-3-07 not used yet

ONGOING CASES

Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour

Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07

HSBC (CC) have failed to produce Credit Agreement

TO DO CASES

Egg (Loan)

LTSB (Ac Ltd Company)

LTSB (Loan)

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  • 3 weeks later...

Court bundle being prepared over the weekend.

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Spent hours compiling 3 copies of the court bundle, 93 pages each plus a nice professional looking cover & index. I was going to send them off today as they have to be in by next Thursday & I'm going away for a couple of days.

 

Received this in the post today!!

 

Private and Confidential

 

This letter is about resolving your dispute.

 

Dear Madam

 

kazzaw v Egg Banking plc

Claim No. XXXXXXXX

 

I refer to the above claims in Mansfield County Court.

 

1. We view our terms and conditions as fair and in particular the charges levied pursuant to Section 7.1 of your credit agreement (the "Agreement") with Egg Banking plc ("Egg")to be a genuine pre-estimate of loss rather than a penalty.

 

 

2. Notwithstanding our view, in the particular circumstances of your case we put forward the following settlement proposal:

 

(a) Without any admission of liability and on a purely commercial and ex

gratia basis we will within 14 days of your acceptance of this proposal by

return of the signed Consent Order (see paragraph (b) below) pay you

£451.79 in full and final settlement of the proceedings in Mansfield

County Court under claim number XXXXXXXX and of all claims, rights,

actions and causes of action (including claims for interest and costs) you

may have against Egg arising out of or in connection with any issue

pleaded in this case. As you will appreciate this is the full amount of your

claim against us broken down as follows:

 

(i) £393.51 for charges and interest as detailed in the Claim Form;

(ii) £8.28 for interest from the issue date until 20 January 2006 (96 days);

and

(iii) £50 for your legal costs.

 

 

(b) As your acceptance of the proposal you will sign and return to us the

Consent Order enclosed with this letter providing for dismissal of the

proceedings on the basis of each party bearing their own costs. Once we

have received the signed Consent Order we will lodge it at Court to bring

the proceedings to an end.

 

3. The above proposal will remain open for acceptance for 7 days from the date of this letter after which it will be automatically withdrawn.

 

4. Please can you confirm your acceptance of the above proposal by signing and returning the enclosed Consent Order.

 

If you have any questions on the contents of this letter, please contact me using the details listed above

 

Yours faithfully

 

John Murphy

 

As it's £3 more than I was expecting I will be accepting.

Interesting that they have left out the confidentiality clause!!

 

I have checked my letter against others received by CAG members & it seems to be identical other than the confidentiality clause. Progress?!!

 

Thanks to the mods & others for their help & encouragement :)

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Congrats kazzaw!!

NatWest Charges: £3708.81. Allocated to fast track 14/10/06. *SETTLED IN FULL* 23/10/06 5% donation made

 

HSBC Default Removal and £186 charges: N1 claim issued 28/11/06 *WON* 28/02/07 5% donation made

 

Egg Charges: £370. N1 claim issued 24/11/06. *SETTLED IN FULL* 12/01/07 5% donation made

 

Natwest Student: £150. N1 claim issued 24/11/06. *SETTLED IN FULL* 10/12/06 5% donation made

Natwest Credit card: £317.01 INCLUDING CONTRACTUAL INTEREST, *WON* 30/11/06 5% Donation Made

 

Ikano Data Protection Act deception and non-complience: N1 claim issued 28/11/06. *SETTLED IN FULL* 12/12/06 5% donation made

I am not a lawyer. All advice is merely my own opinion. Nevertheless, I've won £4675 so far!

Tip my scales if you like my advice :)

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Hi kazzaw, I don't want to rain on your parade but be careful. If you sign the Consent Order, you will be signing away you Right, to ever Claim again any charges that Egg may levy on your account in the future.

 

"(b) below) pay you

£451.79 in full and final settlement of the proceedings in Mansfield

County Court under claim number XXXXXXXX and of all claims, rights,

actions and causes of action (including claims for interest and costs) you

may have against Egg arising out of or in connection with any issue

pleaded in this case".

 

Very Unfair!!! also, don't you want to reclaim your costs in preparing the Court Bundle from Egg. After all, if they had settled your Claim earlier then you would not have had the extra expense.

 

JMHO

AC

 

AC

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Not bothered about future claims against Egg as all my accounts except a savings account containing the grand sum of £3 have been closed for a while!!

 

Also someone else asked about claiming costs for Court bundles etc on another thread.

 

This cannot be done when the claim is submitted through the Small Claims Court for the same reason that you are not liable for costs if you lose.

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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well done kazzaw the court bundle thing is a bit of a let down all the hard work put into it and no one gets to see it, the same happened with me with LTSB but i was not going to hit the print button untill the last minuite and they settled in full 2 days before.

On the signing of their form bit could you not write to them saying you will accept their offer made on X date and once the funds have cleared you will be writing to the courts to cancel procceedings as you have done with all the other cases.

but it is entirely upto you now it has been a long strugle for you, so do what you feel is right best of luck and congrats CB

  • Confused 1

SETTLED CASES

LTSB (CC) £20 21-8-06

HSBC (CC) £600 19-10-06

HSBC (Ac) No.1 £1900 25-10-06

RBS (CC) £900 25-10-06

Smile (Ac) £1300 17-11-06

A&L (Ac) No.1 £400 23-11-06

A&L (Mortgage ERC) £3900 4-12-06

LTSB (Ac) £200 13-12-06

A&L (Ac) No.2 £120 19-12-06

HSBC (Ac) No.2 £650 29-12-06

LTSB (Business) £1700 13-2-07

RBS (Ac) £4500 + Default Removal 17-3-07

Barclays (Bus) Warrant of Execution 10-3-07 not used yet

ONGOING CASES

Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour

Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07

HSBC (CC) have failed to produce Credit Agreement

TO DO CASES

Egg (Loan)

LTSB (Ac Ltd Company)

LTSB (Loan)

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Cheque received today!!!

 

£451.79!!!! :lol:

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Absolutely fantastic! I had an omlette for dinner in your honour ;)

If you think my advice has been helpful, please click on the scales to the left :) thank you!

 

Non illegitimi carborundum

 

 

I wish I was a glow worm,

A glow worm's never glum!

 

How can you be grumpy,

when the sun shines out yer bum?! :p

 

 

Amex * 2 *** WON *** Settled

Marbles ****WON*** In full settlement

Capital 1 ***WON*** In full settlement

MBNA ***WON**** In full settlement

Barclaycard ***WON*** In full settlement

Barclays Bank - ***WON*** In full settlement

Abbey ***WON*** In full settlement

Abbey (Mrs Chorlton) ***WON*** In full settlement

Abbey (Mr and Mrs C) - MCOL submitted 16/5/07

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