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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 - CCA Received, Response Received - What next ?


hertsdebt
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I lodged a complaint with Egg regarding an unenforceable CCA, after requesting a copy in January 2009.

 

Today l have received this response. I am write in thinking l neeed to reply with the facts of :

 

1.) The "agreement" must state an "Interest" amount on "Cash advance" term

2.) The signature must be on the same page as the "Terms and Conditions"

3.) The fact the credit limit is deemed as "Credit Value" and not clear.

 

Any help is appreciated.

 

http://img137.imageshack.us/img137/1043/egg1.jpg

http://img267.imageshack.us/img267/4681/egg2.jpg

http://img412.imageshack.us/img412/1463/egg3.jpg

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Personally, I have given up arguing details of unenforceable agreements, it just ends up as letter ping pong.

 

One approach that has worked for me is to say the agreement is unenforceable and I am not prepared to enter into any further correspondence.

 

None of them have taken me to court yet which implies that they may not be all that confident of winning.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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There is a bit of a debate about this. Some feel that they want to get the last word. Sometimes, the DCA/ lender has raised a new issue and may take your silence to suggest that you dont have an answer and are emboldened by this. But as RMW suggests, this can simply lead to letter ping pong. I am dealing with one DCA just now which I am almost convinced is simply a computer which churns out another predetermined letter unless you have coughed up within a pre-established period since the last letter. They have never yet addressed ONE of the points I have made to them (three letters now). Also I have never yet experienced a lender/ DCA who has written back to say "we surrender, you are quite right". About as good as it gets is the DCA writing to say that they have sent the account back to the lender. That and the periods of silence.

It really is your call. :)

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