Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
      • 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

Beachy's OH v Egg Card


beachcomber60
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3563 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

  • Replies 305
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Spot on Lexis :)

 

Nice letter from Mr Franklin informing OH that he's the case manager & he's starting litigation in 10 days time if OH doesn't contact Apex.

 

Have ignored all their letters up to now, maybe just maybe this one will get a reply.

 

Beachy

Link to post
Share on other sites

I got that one too the other day. I dont know if you spotted that Mr F's sig was electronic (ie its a bog standard letter), so it might just be another part of the process. Thing is that they have ramped it up so much now that its hard to see where else they can go other than act on their threat (in which case with me they are taking an application form with no sign of T&Cs to court), do something really drastic (send the boys with the violin cases round) or go away.

Let's know what happens next with you, and I will do the same, if I hear back earlier (letter to Mr F repeating all my earlier points - void under s59, irredeemably unenforceable under s61, no executed agreement sent to me - see s62 - and no DN issued - just going off today). Unlike you, I have responded - like to have the last word - and to my horror discovered I have wasted twelve postage stamps on these muppets in the last 12 months - varies in that some months there are none, but in one month it was as many as three. So I have disputed his assertion that I have chosen not to deal with this and instead pointed out that they have never engaged with the points I was making (they havent - not even to say that they dont agree), and pointing out that i will raise this matter in court when the matter of costs is to be considered.

My suspicion is that its another threatogram from their automated system, but a bit too dodgy to be ignored.

Edited by seriously fed up
Link to post
Share on other sites

  • 2 weeks later...

OH DEAR ! !

 

I think I've upset Apex :rolleyes:

 

"Please be advised that an account is not deemed to be dispute just because a consumer is not satified with a response. The lender (or third Party) has a duty to investigate the complaint and be satisfied that they have addressed the concerns raised".

 

Letter unsigned

 

This was in reply to me telling them that the account is still disputed and that they/Egg have not 'settled' my complaint.

 

Beachy

Link to post
Share on other sites

Well who the hell is supposed to decide that then??? You can't have a dispute if it's only one person who makes a judgement now can you:rolleyes;

 

Dear Apex twits

 

Thank you for your letter. I can confirm it is not your prerogative to send out letters threatening court when you have no intention of taking that action. It is also not your prerogative to clog up my letterbox with your incessant drivel regarding this account.

 

I look forward to your next missive. As you have recently threatened me with court this means you should be about back to the beginning with your template letters and will be back to being concerned that I have not contacted you, despite the fact you have many letters from me in your files.

 

Now sod off, you overpaid, jelly-brained bunch of bottom-dwellers.

 

Love and hugs

 

Beachy.

 

Oh I tried so hard to be sensible, but it just takes too much effort:D

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

ps - had another 'please contact us. please. oh go on, we really will be nice' letter a few days ago.

 

Having checked through my correspondence from creditors at the weekend, it really does seem like I have had a letter on average about every 2 weeks from them since about Feb!!

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Well who the hell is supposed to decide that then??? You can't have a dispute if it's only one person who makes a judgement now can you:rolleyes;

 

Dear Apex twits

 

Thank you for your letter. I can confirm it is not your prerogative to send out letters threatening court when you have no intention of taking that action. It is also not your prerogative to clog up my letterbox with your incessant drivel regarding this account.

 

I look forward to your next missive. As you have recently threatened me with court this means you should be about back to the beginning with your template letters and will be back to being concerned that I have not contacted you, despite the fact you have many letters from me in your files.

 

Now sod off, you overpaid, jelly-brained bunch of bottom-dwellers.

 

Love and hugs

 

Beachy.

 

Oh I tried so hard to be sensible, but it just takes too much effort:D

 

Luv It ;):D

 

Worthy of the cost of a Special Delivery

 

Haven't had the Doorstep letter yet :-(

 

Beachy

Link to post
Share on other sites

I think they simply have a set of letters that go out, and even if the response is not what they want, once they get to the court one they just go right back to the beginning, regardless of the fact that it makes no sense to the debtor and loses all face for Apex who immediately show themselves to be toothless numpties:)

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Make sure if you send them the doorstep caller letter that you are very clear on the fact that if they ignore your explicit instructions you will charge them for the use of your private footpath (by either them or any person employed by them), and will invoice them accordingly.

 

I started adding that to mine a good while ago, and whilst no-one has ever turned up I'm hoping one day they will as I could do with a bit of extra cash;)

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

Make sure if you send them the doorstep caller letter that you are very clear on the fact that if they ignore your explicit instructions you will charge them for the use of your private footpath (by either them or any person employed by them), and will invoice them accordingly.

 

I started adding that to mine a good while ago, and whilst no-one has ever turned up I'm hoping one day they will as I could do with a bit of extra cash;)

 

 

I think £20 to use our footpath is a fair rate.

 

A local department store closed the other day so I thought I'd grab a bargain and have a spare set of steps just in case a doorstep collector does turn up. :D

 

IMG_03981.jpg

Link to post
Share on other sites

Well that's dead handy isn't it? I hope you got the bannisters thrown in too:D

 

ps - had another couple of 'you've not responded, we're looking into legal action' letters since their last one at the beginning of June. I have the best part of a rainforest in my files thanks to them:rolleyes:

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

  • 2 weeks later...
Well that's dead handy isn't it? I hope you got the bannisters thrown in too:D

 

Because it was more than one step, under Health & Safety I had to have the bannisters :D;)

 

Their latest 'missive' in response to the revoking their 'right' to visit :-

 

'We would like to make you aware that any doorstep visits will be made via an appointment (they have been told in plain english that there is no wish to 'make' an appointment) and will comply with the regulations under the office of fair trading rules.

 

Please contact the office within 7 days to arrange a mutually agreed payment plan'.

 

Not even worthy of a reply me thinks :) Although I think its time to start charging an Admin Fee for every letter :rolleyes:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...