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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
      • 161 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
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Lexis200 V Egg (cca)


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Hi all,

 

About to start my own thread on behalf of OH. Seems to be going the same way as Lexis.

 

Egg sent cca request defaulted on timescale by two weeks, reply arrived today just T&C's although they said in there letter that the cca was included, also stated that we did not send the £1 fee and to forward the fee by return - we did send it by postal order which was payable to Egg and stapled to the letter.

 

In a seperate letter we had the same letter as Lexis ref: unable to contact by phone ring us or we may take legal action.

 

Seem very disorganised dont they!

 

Beachy

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  • 6 months later...

Your not alone Lexis, OH account has been sold off to Apex.

 

Didnt reply to their 'welcome' letter either (had bigger fish to deal with), however, Apex have written again to remind OH to ring them as OH had a payment arrangement in place which Apex would like to 'honour' (no payments have been made to Egg since the 'cca' showed 'approved' limit plus the other missing/incorrect terms).

 

Beachy

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Hi Beachy:)

 

Thanks for that.

 

How were Egg when you pointed out the approved limit issue? I'd not done that before it was passed to Apex and I'm wondering who to tell now...

 

Also, have they been bad with hounding after you stopped payments or are they pretty in line with all banks - they go mental at first then calm it a bit?

 

Lexis:)

 

 

Hi Lexis ;)

 

When we hit financial problems Egg accepted lower payments without too much hassle BUT they quickly issued a DN to OH account (as is their 'Policy').

 

Then we found CAG & cca'd Egg (along with all other creditors), after receiving the cca - well outside the 12+2 timeframe, found the 'common' errors with the agreement, disputed the account & with held payments, that was about six months ago, no chasing of payments by Egg.

 

At the same time as they agreed lower payments we logged into OH account & changed our telephone number - changed STD code to next towns code and changed home number to 000000 (I know - naughty but satisfying :) ), we only ever received one letter asking, sorry demanding OH telephones them as they were unable to ring OH - if OH didn't ring within 7 days they would start legal action. That was replied with a formal complaint advising them that we are under no legal obligation to provide our telephone number and that we will deal with them in writing only, since then absolutely no contact from them until Apex popped up.

 

If they do manage to obtain our telephone number then True Call is waiting for them.

 

I was advised (on the forum) to send Apex a cca request, making sure the PO was marked 'fee for CCA request ONLY'.

 

There are charges on the account but as I understand it Egg dont give in on these, there is also PPI added which wasn't asked for (preticked box) which need to be reclaimed.

 

Hope this helps.

 

Regards

 

Beachy

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  • 4 months later...

Hi Miss Lexis :D

 

OH had a similiar letter to yours last week, refuting the approved limit argument.

 

They also enclosed a copy of High Court case last year in Manchester to 'back up' their argument that an enforceable agreement exists dont why they sent it, totally irrelevent to the 'Approved Limit' argument.

 

Given OH 21days before they start their collection activity again.

 

Enjoy your break. ;)

 

beachy

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