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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
      • 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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Me against them v's Egg


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will do...I'll post up any further news. :)

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  • 2 weeks later...

Just recieved this letter, I presume it is an update for the Account Dispute letter I sent them.

 

Egg.jpg

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Looks like they are struggling to find an enforceable CCA to me. Fingers crossed!

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  • 2 weeks later...

Here we are! :D

 

Termination.jpg

 

Surely they have failed to set out the Default Notice with CCA Regs???

 

- No CCA!

- 2 Default Notices Served without any explanation.

- Both Default notices served whilst account is in Dispute.

- Account Terminated on the same day of the 2nd Default Notices dealine date (21st May)!

 

Does this now mean they can only claim for arrears if they provided me with a enforceable CCA?

Edited by Me against them!

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Can anyone confirm if Egg have messed their Default Notice up?

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Hi Me Against Them :)

Right, as I see it, although both DN's seem to me to be legally compliant re dates & format, as the first one stated it would terminate the account if not rectified, then the second was issued on a terminated account. I'm not sure how important or otherwise this is. Further input required on that.

 

What would seem to be important, however, is the fact that the account was in dispute due to failure to comply with your CCA request.

As you will have pointed out to them in Dispute letter:

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies:

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

So I believe that invalidates both DN's.

What would strengthen your case is if the sums demanded in the DN's were inaccurate, eg if they included any unfair penalty charges.

Did you have late payment fees, overlimit fees etc on the account?

If so now is probably the time to send a Subject Access Request to give you all the data they hold on you and calculate what, if any, unfair charges have been applied. It costs £10, but should be worth it.

This post will bump you up for comments from the morning shift, any other input welcome :)

Also, have a read of my thread on DN's: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice.html

I'm no expert myself but I've been putting together useful links on the subject.

Hope this helps,

Elsa x

Edited by Nurse-Elsa
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Thanks Elsa.

 

I look at my bills to see if there are any unfair charges, which I suspect there will be. ;)

 

Also I'll send a Subject Access Request.

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Egg have now passed the account to Direct Legal & Collections for full and immediate collection. At least thats what DLC's letter is demanding.

 

Think I'll send the following....

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

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  • 3 weeks later...

Are Egg giving me the run around here? they have sent this letter but I have still not received the CCA they say I should have.

 

YourComplaint-1.jpg

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Its been a few days since I recieved this letter stating I should have received my CCA, when I haven't. I think I need to send them a letter saying that the account is still in dispute as I have not recieved the supossed CCA they say they have sent me.

 

Anybody know of any appropriate letters that are already on this site?

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If it was me I would just send them the reminder of your request, and state that contrary to their letter of xxxx, you HAVE NOT received the requested copy of your CCA - which you still demand, and they by law, are required to supply.

 

End of ..... ;)

 

Abs xx

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DLC have responded to my letter by placing my account on hold until they have receieved additional information from Egg. :p

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  • 2 weeks later...

Today I received my CCA which was included in my SAR documentation.

 

CCA1-2.jpg

 

CCA2-2.jpg

 

looks like many other unenforeable CCA's I seen around CAG.

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Thanks Abby25, Yes I have read PT's thread and am of the impression that this aggrement is the same as most other unenforceable CCA's.:)

 

I now seem to have about 25k of questionable debt, which is a massive plus. I almost filed for bankruptcy a few month back! So glad I didn't!

Edited by Me against them!

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Hey thats why this site, and the experts who post, is so valuable to us all !!!!

 

In the process of getting my own CCA, which I expect to be the same as yours, the accts about 10 yrs or so old - so hoping that I will be able to challenge on the same basis.

 

So, get your challenge in, and keep the thread updated !!!

 

Good luck ....:)

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  • 4 weeks later...

Just received an update from dlc stating my account is still on hold until Egg can provide them with a copy of my CCA...I wonder why they can provide it as part of my earlier SAR but not for my original request, which led me to dispute the account.:confused:

 

Not that I'm complaining!:p

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