Jump to content


  • Tweets

  • Posts

  • Our picks

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

Egg CCA


LB145
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4946 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Sent them letter telling them that I disagree with their decision

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

  • Replies 138
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • 2 weeks later...

Today recieved Termination letter from Egg - dated 1st Feb arrived today (2nd Class)

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/EggTerminationLetter.jpg

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

So now you can await the ministrations of someone like DLC, or maybe ARC. Its a long and winding road. You have put the account in dispute, so arguably they should not be doing this - but, like that would stop them? :rolleyes:

As a friend of mine put it - they are just following due process. Mainly because they dont have the wit to do much else. Its what they do!:sad:

Link to post
Share on other sites

Another couple of points I want to get advice on.

 

Egg say that under the regs certain terms can be included on a different document (ie T&C's) for instance the default charges). Is this the case?

 

They also state there is no requirement under the Regs that hte APR must be accompanied by the words "variable" if the APR is variable? However I'm sure I read that this is not the case and that the words variable MUST be included?

 

Cheers

Link to post
Share on other sites

I think the key thing is what is said in s61

"61.—(1) A regulated agreement is not properly executed unless

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b) the document embodies all the terms of the agreement, other than implied terms,"

The key words here are contained (a) and embodied (b) - the prescribed terms must be contained in the sig document - ie where the prescribed terms lie, there MUST be a signature, I would suggest. Other terms can be somewhere else in the paperwork.

As for variable, I would think there is an argument here. On the other hand, they would assert, I think, that the agreement (including APRs) can be varied by giving notice.

Link to post
Share on other sites

Another couple of points I want to get advice on.

 

Egg say that under the regs certain terms can be included on a different document (ie T&C's) for instance the default charges). Is this the case?

 

They also state there is no requirement under the Regs that hte APR must be accompanied by the words "variable" if the APR is variable? However I'm sure I read that this is not the case and that the words variable MUST be included?

 

Cheers

APR is one of the prescribed terms. If it is variable, it must say so in the sig doc.

Link to post
Share on other sites

 

This Default notice is dated 31st December 2009 and arrived January 8th (2nd Class) 2010 - would this then be a faulty DN - Termination letter is dated 1st Feb

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

APR is one of the prescribed terms. If it is variable, it must say so in the sig doc.

 

I thought so, I found something in the Regs stating this, would the lack of variable, the words approved limit and that fact the document does not have the correct title be enough for it to be rendered unenforcable?

Link to post
Share on other sites

my DN, letters & all dates are identical to yours, so it looks like they've gone through this identical process with a number of disputed accounts?

 

Perhaps they will let us defend together (one big group! :D)

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

Received their final response letter today there are two pages the second page just states that dissatisfied then complain to FOS etc. Also if you do they will no longer discuss the matter directly with you.

 

they have taken legal advice and maintain the agreement is fully compliant etc.

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/EggFinalResponse.jpg

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

So we'll sit back and wait!

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

Hi LB145

 

I was wondering if your DN arrears was made up of penalty charges and thus the amounts stated would be incorrect etc and render it invalid?

 

Vicky

xxxx

 

The DN is for the amount with all the £12.00 charges that have been added since the account went into dispute - £12 for non payment, £12 for going over limit - as interest was still being added with charges whilst in dispute

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

Letter from Direct Legal & Collections wanting full payment immediately!

 

http://i713.photobucket.com/albums/ww132/Diamond40_photo/EggDCALetter.jpg

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

DL&C are now sending emails to contact them!

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

No, they have given you until the 28th to rectify.

 

Hi Vint -hope your well

 

What do I send to Egg now or the DCA - I will notify the FOS that I do not agree with them that the matter is closed and that there is no dispute

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

Thanks Vint - your a star!

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

  • 2 weeks later...

Wrote to DL&C telling them that accountis in dispute with Egg etc.

 

Today received two lettersa from DL & C dated 1st march

 

Letter 1: "We have referred your query to our client, as they have not made them aware of any valid dispute on your account. We will hold your account in abeyance and advise you of their reply reagarding your query shortly."

 

Letter 2: "You have failed to respond to our previous letters or make payment. We are now considering further action to recover full payment of the above balance.

 

This could result in the following action:

 

1. The issue of a County Court Claim (which will increase your balance by £200)

2. A collector personally calling at your address.

 

Obviously not ignored their previous letter or they would not have replied to it???

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...