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
      • 160 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

cakeprince taking on egg


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

Thread Locked

because no one has posted on it for the last 5160 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

I have two issues with Egg and would love any advice people can offer.

 

Firstly, I have charges. Total charges (late payment and exceeding credit limited ) plus interest is over £1200 from 2003 to 2009. I have written to them to reclaim everything as a starting point (not just the difference between that and the £12 per charge). They have offered me £126 so far.

 

Secondly, from reading this forum I now realise the CCA may not be right as it was issued in late 2002 or early 2003.

 

 

Questions are:

What exactly can I claim for if the CCA is not enforceable?

Is there any issue with the fact that I have paid off this card and closed the account?

What is the time frame for them to have to reply with the CCA if I request it?

Who is the postal order to made to? Just egg?

 

Thank you in advance for any help you can offer. I got £1500 bank on bank charges a couple of years ago thanks to the info I got from this site and will (once again) donate 10% of whatever I get back to keep this site going.

Link to post
Share on other sites

I have two issues with Egg and would love any advice people can offer.

 

Firstly, I have charges. Total charges (late payment and exceeding credit limited ) plus interest is over £1200 from 2003 to 2009. I have written to them to reclaim everything as a starting point (not just the difference between that and the £12 per charge). They have offered me £126 so far.

 

 

It is probably easier to reclaim penalty charges from Egg than anybody else. Hard-up Egg now talk tough, but will give in when they believe you are determined and confident and ready to file an N1 court claim. It's been done before successfully, 117 times. Use Mock1982 template letter from 30APR2007. It is bargaining, like the kasbah. Egg has nothing to lose by trying to bluff it out -- nothing unless you haul their £1,000-per-day barrister into court. Good luck.

 

Best be quick about it before something else goes wrong. 2003 charges are in 2010 already beyond the 6 years Statute of Limitations. With every passing month you may lose more charges for reclaim. Some believe a criminal case could be mounted against Egg to overcome the 6 years limit -- no comment.

 

http://www.consumeractiongroup.co.uk/forum/egg/53376-e-day-victory-over-5.html

 

 

Link to post
Share on other sites

Thanks for that, I will keep on at them.

 

What about the CCA issue. I have read the OFT's report from a couple of weeks ago and it strongly suggests that once the balance has been paid and the account closed I am facing a serious brick wall on this one.

 

Would you say that's the case?

Link to post
Share on other sites

Reclaim of penalty charges is not affected by closure of the account with zero or nonzero balance. There are many precedents about this, and i have never heard of any card company resisting charges refund on the grounds of previous account closure.

 

The OFT issued a draft guidance, with an official guidance to come in April, after more Test Case verdicts come in. Their draft guidance already made clear the activities which the OFT do not support.

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...