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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
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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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RTR vs Egg


RoadToRecovery
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  • 3 weeks later...

Things are moving along. They have steadfastly refused my reduced payment offer (which I am glad about tbh as we can barely live off the money we now have).

 

Egg today phoned to tell me they would be putting the account into default despite the account being in dispute. The guy claimed the account being in dispute meant absolutely nothing to them:(:confused::confused:

 

Do any of the CC companies actually care or observe any consumer law?

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Strangely enough I received the original agreement today. I have read many threads and still am unsure on how to determine the validity of the agreement I have recieved. It does mention a credit limit, but not what the limit is.

 

Also it appears the signature box was on a seperate sheet as there is a staple mark in the photo copy, but this might be me clutching at straws.

 

If someone with more knowledge would have a look at the document I received, I would be very grateful.

 

Page 1

EggCCApage1.jpg

 

Page 2

 

EggCCApage2.jpg

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Hmmm, having read lots of threads about egg agreements this one does appear to be identical to many on here and the consensus has been they are unenforceable.

 

I haven't read any threads where a user has been through the court process with an egg agreement?

 

Anyone been through the wringer with an egg agreement?

 

tia

 

rtr

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Since receiving the above I haven't heard anything but was told in the last phone call the a/c would be going into default.

 

Any help or advice would be greatly appreciated. Do I wait for them to pursue me and eventually go to court on the basis the agreement is unenforceable?

 

Thank you in advance.

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Since receiving the above I haven't heard anything but was told in the last phone call the a/c would be going into default.

 

Any help or advice would be greatly appreciated. Do I wait for them to pursue me and eventually go to court on the basis the agreement is unenforceable?

 

Thank you in advance.

 

The prescribed terms appear to be there and I assume that there is a signature on this document.

 

You would need to look through the comments on other Egg threads, just to get a better idea.

 

Was this one document, back and front, or 2 separate pages.

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Thanks vint. I was thinking this agreement was the same as others that appear unenforceable due to the term "Approved limit" being used. I will do some further research. Thanks for stopping by, it's a lonely struggle at times!

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  • 4 weeks later...

Received a letter from Egg today;

 

Dated 6th August

"Your Egg Card account has been terminated".

 

The letter goes on to say I have failed to comply with the terms of the Statutory Default Notice. It also goes on to say the a/c will now be passed to an external debt collection agency.

 

They have never sent me any default notice. The last crrespondence I had with Egg dated 7th July was their reply to my CCA request. In the grand scheme of things me not receiving the DN is not a big deal as I couldn't have complied anyway.

 

Why would they pretend to have previously sent out a default notice when they haven't???

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Received a letter from Egg today;

 

Dated 6th August

"Your Egg Card account has been terminated".

 

The letter goes on to say I have failed to comply with the terms of the Statutory Default Notice. It also goes on to say the a/c will now be passed to an external debt collection agency.

 

They have never sent me any default notice. The last crrespondence I had with Egg dated 7th July was their reply to my CCA request. In the grand scheme of things me not receiving the DN is not a big deal as I couldn't have complied anyway.

 

Why would they pretend to have previously sent out a default notice when they haven't???

Hi RTR,

 

The DN is important, especially as they have follwoed withe termination. If you are sure that one has not been sent, then write to them imediately, advising them of this and request a copy and confirmation of the date of the DN. If they terminate on the back of a faulty DN, they can only look to claim the arrears. It is important to get the information, without revealing your hand.

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Received a letter from Egg today;

 

Dated 6th August

"Your Egg Card account has been terminated".

 

The letter goes on to say I have failed to comply with the terms of the Statutory Default Notice. It also goes on to say the a/c will now be passed to an external debt collection agency.

 

They have never sent me any default notice. The last crrespondence I had with Egg dated 7th July was their reply to my CCA request. In the grand scheme of things me not receiving the DN is not a big deal as I couldn't have complied anyway.

 

Why would they pretend to have previously sent out a default notice when they haven't???

Looking back over the thread, they told you on the 17th July that the account would be going into default. Have you had any letters since then?

 

If the default was issued on that day, then service would have been 22nd at the earliest. 14 days on from there is the 5th August. You need to put them to strict proof of the DN date and method of delivery.

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Thanks for the reply, vint.

 

I have just gone through all the docs I have thinking I might have filed something in the wrong folder but have no DN for definite.

 

Me:

23rd May :- CCA request

17th June :- A/c in dispute letter

 

Egg:

5th June :- Your direct debit has been cancelled letter

8th June :- We've been unable to collect your payment letter

23rd June :- Your A/c is in arrears letter

7th July :- Your credit agreement request (as scanned in above)

6th August :- Your egg card account has been terminated

 

All dates are the date on the letters not when received / posted. I have had phone conversations, the last of which was a guy telling me the account would be going into default. I have checked emails and nothing there.

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Thanks for the reply, vint.

 

I have just gone through all the docs I have thinking I might have filed something in the wrong folder but have no DN for definite.

 

Me:

23rd May :- CCA request

17th June :- A/c in dispute letter

 

Egg:

5th June :- Your direct debit has been cancelled letter

8th June :- We've been unable to collect your payment letter

23rd June :- Your A/c is in arrears letter

7th July :- Your credit agreement request (as scanned in above)

6th August :- Your egg card account has been terminated

 

All dates are the date on the letters not when received / posted. I have had phone conversations, the last of which was a guy telling me the account would be going into default. I have checked emails and nothing there.

It sounds like they have unl;awfully terminated your agreement.

 

I would ask them for a copy of the DN, as you have not received it.

 

They must deliver it by post or manual serving. They need to be able to prove that.

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  • 2 weeks later...

Oh flip :(

 

When tidying through paperwork, found an unopened letter and it was the Egg DN. Presumably the misus put it there thinking I would see the envelope and it's been overlooked all this time. What a twozzer I am:mad:

 

 

Lesson learned here, ensure every single item of mail is accounted for between the misus and me. Thankfully the lesson has been learned now and not when court papers are being delivered. Probably others are more switched on, but this has been a VERY important and embarassing lesson for me.

 

 

 

Need to wait and see what happens next.

 

My agreement is identical to those pt says he has successfully proved to be unenforceable. I will not give up hope at this point.

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Oh flip :(

 

When tidying through paperwork, found an unopened letter and it was the Egg DN. Presumably the misus put it there thinking I would see the envelope and it's been overlooked all this time. What a twozzer I am:mad:

 

 

Lesson learned here, ensure every single item of mail is accounted for between the misus and me. Thankfully the lesson has been learned now and not when court papers are being delivered. Probably others are more switched on, but this has been a VERY important and embarassing lesson for me.

 

 

Need to wait and see what happens next.

 

My agreement is identical to those pt says he has successfully proved to be unenforceable. I will not give up hope at this point.

Hi RTR,

 

Can you post a copy of the DN, having blanked out your details.

 

Vint

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Hi Vint,

 

I am going to do some more thorough research through threads, but from what I can make out, my agreement is identical to the ones pt has dissected and says are not enforceable as it is worded;

 

"We shall tell you from time to time the Aproved Limit we have set and, if different, the individual Limit which you have chosen for this account."

 

The argument being that aproved limit is incredibly vague.

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Hi Vint,

 

I am going to do some more thorough research through threads, but from what I can make out, my agreement is identical to the ones pt has dissected and says are not enforceable as it is worded;

 

"We shall tell you from time to time the Aproved Limit we have set and, if different, the individual Limit which you have chosen for this account."

 

The argument being that aproved limit is incredibly vague.

I think PT's take on that was that this on its own would not make the agreement unenfocable.

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