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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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EGG>>A Quandry - now Marlin


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Are you sure that it is from the date of the default and not from the date of the last payment made (other than £1 and £10 requests ?eg - I thiought it was the lattrer - perhaps the site team can advise ? Site Team please ?

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Hi SFU, long time no speak, was going to contact you regarding the Egg situation.

 

Last payment to Egg from me was August 2009 and since i am in Scotland, like yourself, the debt is SB'd in 5 years.

 

I did SAR them some time ago and they sent Barclaycard T&C's and an application/summary form from Egg with all my details on it, but no signature.

 

Just going to send them the "In light of the complete absence of any enforceable documentation......" letter and see how it goes from there.

Don\'t let the B**tards grind you down

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Just checked my credit report and Egg have vanished from it altogether, not even listed under Marlin, and under closed accounts Barclays have it as satisfied.

 

Strange things going on as Marlin were listed the last time I checked.

 

Is Statute Barring from the last payment or the default date? I have another account that the default was not issued till almost a year after last payment.

Don\'t let the B**tards grind you down

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Well reply from Marlin today, acknowledging the fact that I CCA'd them some time ago and they have failed to supply a valid agreement, "we are going to try again"

 

Stopped all collection activity till agreement can be found.

 

I have a copy of original EG one, Barclaycard agreement does not exist.

Don\'t let the B**tards grind you down

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Just checked my credit report and Egg have vanished from it altogether, not even listed under Marlin, and under closed accounts Barclays have it as satisfied.

 

Strange things going on as Marlin were listed the last time I checked.

 

Is Statute Barring from the last payment or the default date? I have another account that the default was not issued till almost a year after last payment.

 

 

Stat Barred In England and Wales for credit cards and unsecured loans = 6 clear years from the date a contractual payment was due and not made, after which no further payment and/or unequivocal admission of liability being made.

 

 

Secured Loans & HP the date at which the creditor can demand repayment in full, this May be the default date or earlier formal demand for repayment in full. This also applies to bank accounts with ODs.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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I see in my inbox a message from a user named "globetrotter" re contractual payments.

These are the payments required by the agreement/contract e.g. for a CC the minimum monthly payment.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Limitation (Statute Barring)is from the date when you first received a written demand of the repayment of the debt. Liitation will expire 6 years aftr the demand was made.

Section 6 of the Limitation Act 1980 states that section 5 will not apply to contracts like CCAgreements except where a demand in writing for repayment for the debt is made by or on behalf of the creditor. Where such a demand is made the cause of actio to recover the debt is deemed to have accrued on the date on which the demand was made.

Section5 states that an action founded on siple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

In order to ascertain when the limitation period for a claim for repayment of the debt by Marlin expires we need to know when we all first received a written demand of repayment of the debt. Limitation wil expire six years after the demand was made.

 

Does the Site Team agree ? URGENT.

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Limitation (Statute Barring)is from the date when you first received a written demand of the repayment of the debt. Liitation will expire 6 years aftr the demand was made.

Section 6 of the Limitation Act 1980 states that section 5 will not apply to contracts like CCAgreements except where a demand in writing for repayment for the debt is made by or on behalf of the creditor. Where such a demand is made the cause of actio to recover the debt is deemed to have accrued on the date on which the demand was made.

Section5 states that an action founded on siple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

In order to ascertain when the limitation period for a claim for repayment of the debt by Marlin expires we need to know when we all first received a written demand of repayment of the debt. Limitation wil expire six years after the demand was made.

 

Does the Site Team agree ? URGENT.

 

 

Section 5 can be taken (in the cases of Credit Card/Unsecured Loans) as the date when the payment was due after which no further payment was made (there breach of contract/cause of action). so for safety 1 month after the last payment.

 

 

Secured Loans/HP/ Mortgages under seal section 6 will apply.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 1 month later...

So Marlin come back with the same guff, T&C's for a Barclaycard and a statement from Egg showing payments made, and a plea for a payment to the account or else!!!

 

Still no signature to be seen, I could send them T&C's from anybody and say pay me, ridiculous.

Don\'t let the B**tards grind you down

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So Marlin come back with the same guff, T&C's for a Barclaycard and a statement from Egg showing payments made, and a plea for a payment to the account or else!!!

 

Still no signature to be seen, I could send them T&C's from anybody and say pay me, ridiculous.

 

I AM NOW GETTING CONFUSED.COM Vould te site team please advise re. Statute barring ? When does it come into play please ?

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I AM NOW GETTING CONFUSED.COM Vould te site team please advise re. Statute barring ? When does it come into play please ?

Post84~# explains:

 

 

For a credit card the 6 year clock starts ticking the date a payment was due and not made after which no further payment or unequivocal written admission of liability was made so approx. 1 month (for safety) after the last payment.

 

 

What you have is intended to be a reconstituted agreement, no signatures required.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 6 months later...

Had a letter today stating Marlin have changed their name. The letter differes from the annual "statement" that Marlin send each year, in that there is no statement as such - just a total owed and asks me to contact them regards paying my egg debt of £8k off. No threats just a furtive offer of help arranging payment.

 

It will become statute barred in just over a months time. I hope to god that this does not signify them starting down the court path.

 

Obviously I'm ignoring the letter.

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