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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 
      • 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
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uptoeyeballs v Egg credit card CCA


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Just got my agreement back from a s77/78 request.

 

Poor quality, but looks like others that I believe are unenforcable.

 

Comments please!

 

Thanks!

 

http://i655.photobucket.com/albums/uu273/uptoeyeballs/X_EGG_CARDA_1.jpg

 

http://i655.photobucket.com/albums/uu273/uptoeyeballs/X_EGG_CARDA_2.jpg

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I think the answer is there is a case to go for this as unenforceable.

 

That being the case I'm not sure where to go next as my situation is different from the others I've been following.

 

1. Egg got a CCJ in 2006 and I'm unsure if it was by default or I admitted it.

 

2. Egg then got a charging order that I didn't challenge as at the time (Grrrr) I thought this was normal!

 

I'm guessing I need to tell Egg that the agreement is unforceable and then apply to the court for set a side out of time in the light of the new "evidence" and that the court was not orignally entitled to grant the order.

 

Is that ok or am I in a hopeless hole with this one?

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The court may agree to set aside the Default judgment if you did not send in a reply form within the time limits if it thinks you have real chance of a successful defence to the claim.

 

You need a general application form called an N244. You should fill it to include:-

The claim number of the case and details of the creditor or "claimant".

The reason for your request to set the judgment aside with any evidence you have to support your case. Any information you have about your possible defence should also be included.

You must include brief details of any defence and explain any delay in making the application.

Also ask the court to stop any enforcement of the judgment until after the hearing to set the judgment aside.

 

There will be a hearing in your local County Court.

 

The court will take into account how quickly you made the application and may want to know the reason for any delay e.g. you only just found out you could challenge the judgment.

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The court may agree to set aside the Default judgment if you did not send in a reply form within the time limits if it thinks you have real chance of a successful defence to the claim.

 

Thanks basa48. :)

 

I've just found a thread where this was done, so reading my way through at the moment to understand it better.

 

Do I tell Egg now or will they just respond to the set aside? :?

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Thanks basa48. :)

 

I've just found a thread where this was done, so reading my way through at the moment to understand it better.

 

Do I tell Egg now or will they just respond to the set aside? :?

 

No Egg will find out soon enough from the court if the set-aside is to be considered.

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do u have the original judgment?

do u know if it is default, under admission etc?

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well if so, im trying to find the correct procedure for such an eventuality. it seems you may need to apply to the court to remove your admission and either appeal or take a fresh action to overturn the judgment based on the new evidence.

if im able to garner any further knowledge on this ill be sure to let u know. i did start a thread but to no avail at the moment may be worth keeping an eye on tho:

http://consumeractiongroup.com/forum/legal-issues/213560-procedure-challenging-non-default.html

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should that advice be followed by people who have the same CCA?

 

this is an issue dealing with setting aside a judgment already in place. its not relevant to having an uneforceable CA.

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oh, so what is the procedure for an unenforceable cca?

 

do u have a thread rather than hijack UTEBs?

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I wasn't hijacking I was asking for clarification as others may misunderstand the thread like I did.

 

All apologies.

 

No worries sorry littlelot.

 

Have a read through this if you haven't already:

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

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