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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.  

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      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.

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      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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online egg CCA Advice please


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hi all

I have a few threads running at the moment and thought i would just double check a few things with yourselves regarding my egg cca .

I have not even started with this one as believe egg can be quite tough and form me just looking at it , believe there is not much i can dispute on.

Any advice would be really appreciated .

Enforcable or Not ?

thanks :confused:

13-04-2009 14;24;42.PDF

13-04-2009 14;26;47.PDF

13-04-2009 14;27;46.PDF

13-04-2009 14;28;31.PDF

13-04-2009 14;29;12.PDF

[email protected]

 

Morgan & Stanley/ Goldfish / Barclaycard : F & F Offer accepted , appealing Default on CRA's-ongoing:!:

HSBC : Managed Loan .F & F Offer accepted , appealing Default on CRA's-ongoing:!:

Littlewoods: No CCA , PPI INsurance claim. Took to court. Charges refunded. WON :D appealing Default on CRA's- ongoing :|

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no it shows that have not got ppi/ppc cover it think well it not ticked on the agreement , was just checking that it was enforcable as i thought it was but it always good for someone out of the picture to have a gander .

thanks though x

[email protected]

 

Morgan & Stanley/ Goldfish / Barclaycard : F & F Offer accepted , appealing Default on CRA's-ongoing:!:

HSBC : Managed Loan .F & F Offer accepted , appealing Default on CRA's-ongoing:!:

Littlewoods: No CCA , PPI INsurance claim. Took to court. Charges refunded. WON :D appealing Default on CRA's- ongoing :|

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lets all keep our fingers crosed that someone can find a flaw ha ha

:):D

[email protected]

 

Morgan & Stanley/ Goldfish / Barclaycard : F & F Offer accepted , appealing Default on CRA's-ongoing:!:

HSBC : Managed Loan .F & F Offer accepted , appealing Default on CRA's-ongoing:!:

Littlewoods: No CCA , PPI INsurance claim. Took to court. Charges refunded. WON :D appealing Default on CRA's- ongoing :|

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This is basically the same thing I got when I sent a CCA for my Egg loan.

Its rediculous with online applications post 2004ish as creditors dont need to provide a signed agreement. They could make anything up and send it i.e. make sure its all nice and enforceable (no matter what the original looked like) then post it happily to us!

 

Does anyone know anything more about the requirements needed by the creditor for online agreements to ensure they are enforceable? e.g. do they need to keep records of IP addresses of the computer you were using or any other technical things? Surely there must be more needed than a print out of text and a tick!! :D

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Hi,

 

As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement.

Electronic signatures weren't considered valid until this date.

 

 

Also it would still have to contain all of the prescribed terms to be valid.

 

Quote:

Originally Posted by What are the prescribed terms

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations

 

Regards.

 

Scott.

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Hi Guys,

 

Just seen this thread and subbing with interest!

 

I too have been sent the same as above in reply to my CCA request. Firstly it does indeed look as though what they have sent is enforceable BUT the question is this:

Is this what you "signed" in the first place?

Can someone here inform us if Egg need to send you EXACTLY what you "signed" online. I would assume so! I have strong reason to believe that they don't have the actual document but have simply "modified" one to suit?

 

Does this mean that my account is still in dispute?

 

Keith4444

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