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

Resolvecall for capquest - old EGG card debt


Duracy
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4696 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

  • Replies 57
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Send the letter in Post 4 of that thread - Steven's letter - to Resolvecall as they were the ones who last contacted you and are (for now) CQ's agents. They will probably pass the account back to CQ and when CQ contact you again you can send them a copy of the letter.

Edited by Pinky69
Link to post
Share on other sites

Ok now I'm confused! Resolvecall sent me a letter saying they will be sending someone to my house to hand deliver a sd on behalf of cq, not that they have taken over the account. Cq where the ones who sent me the cca so the unenforceable letter should go to cq?

 

Trina :)

Link to post
Share on other sites

Dear cq

 

Thank you for you letter dated 14april 2010, unfortunately egg have provided you with a copy agreement which does not comply with s61(1) of the CCA 1974 and the associated regulations and is therefore only enforceable by an order of the court by virtue of s65. However, since it does not have a term concerning the credit limit (rather, it defines an "Approved Limit" - whatever that is) as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court would be prevented from granting such an order by virtue of s127(3)

Therefore I reguard as this account being in dispute.

 

Is this ok or do I need to add/delete anything or is there a template I could use?

 

Trina

Link to post
Share on other sites

I loathe Cap Quest. They are evil. Whenever one of my DD payments bounces they send a defalt notice and demand full payment. They then use it as an excuse to increase the monthlies I have to pay. My debt was with Egg too. I still get Egg statements despite CQ's involvement, which is confusing.

 

It is reassuring to read that there are others out there who are sharing my suffering. When I can I am definitely going to donate to CAG.

Mozzone

_______________

Taking on the bloodsuckers

Link to post
Share on other sites

Posted the unenforceable letter(s) off yesterday recorded so lets see what delights they come back with!

 

Mozz - Have replied via your thread :)

 

Will keep you all updated on this. Thanks so much for the support again all. I am starting to feel stronger against these bullies

 

Trina

Link to post
Share on other sites

Yes, they ARE bullies and at some future point their activities will become illegal. In my opinion someone should do something about CrapQuest under the Human Rights legislation!

Mozzone

_______________

Taking on the bloodsuckers

Link to post
Share on other sites

  • 2 months later...

Hi all, so far I have heard nothing since the letters where sent off and recieved. This morning I recieved a letter in the post. The amount they are asking for now is 2000 more than what the original debt was for the cheek! Any ideas on where to go from here or should I sit tight and wait for them to come back with something? No idea why it has taken them so long to get back to me http://i370.photobucket.com/albums/oo150/jojo1147/cq.jpg

 

Trina

Link to post
Share on other sites

That's soooo similar to my case. Interesting.

 

I would have thought it completely irrelevant that you / we have had X many years to dispute the account. The fact is we are disputing it NOW and either there was a valid CCA or there wasn't.

 

For starters I would go back to them and say just that.

Mozzone

_______________

Taking on the bloodsuckers

Link to post
Share on other sites

Oh, and its irrelevant that we were sent a CCA at the time. The ToB to be compliant, I believe, should be referred to in, and attached to, the CCA?

Mozzone

_______________

Taking on the bloodsuckers

Link to post
Share on other sites

Hmm I did'nt get anything else with my cca request. All I got was the agreement which I have posted. I really wish I could find my orginal docs, I feel I threw them out a long while back which annoys me to a point. Did you get the same letter Mozz?

Link to post
Share on other sites

No but I feel its on the way. CapQuest have been adminsitering my Egg Loan since 2006 and Egg must use the same argument. I gather because yours account is so old they probably haven't got a good CCA and I think their letter is trying to fob you off and hope you go away. Since when has it been a defence to say that you have impliedly agreed to accept a defective CCA simply because you have been paying like a good 'un all these years? Tell them to go take a jump. Say you still dispute the account, that the ToB should be with the CCA (which it wasn't), that they have no argument that you have impliedly accepted the agreement as you are disputing it now) and that you are minded to go to the OFT with a complaint.

 

Hopefully someone in the know will start posting here and help us both out soon! Fingers crossed. But I do think its worthwhile you enetering intoan exchange of tit for ta letters and keeping things in dispute as it should slow things down.

 

Just out of curisity, are you in a position to make them any sort of f&f offer?

Mozzone

_______________

Taking on the bloodsuckers

Link to post
Share on other sites

CapQuest have sent their second letter to me now flatly REFUSING to send my CCA request onto Egg. Yhey have returned my letter and my postal order again (twice now).

 

They also returned the letter in which I denied any commitment to pay them.

 

Its quite disgusting, but where now? Who do I complain to if they are, indeed, obliged to pass on this request? All they've said is "our client has requested you send your CCA request direct to them." Any ideas? The OFT or something?

Mozzone

_______________

Taking on the bloodsuckers

Link to post
Share on other sites

Babybear, I have. I wrote the following last week (in my second letter)

 

"Your letter of X June refers. You are obliged to pass on my request for a true copy of the original agreement to your client, Egg Banking plc. Your obligation arises under s175 and s189 of the Consumer Credit Act 1974.

 

"I therefore ask that you pass on this request to Egg and I return speficially for this purpose:

 

"1. My letter dated X June [the first letter I sent them]

"2. My postal order in the sum of £1.00"

 

They replied today saying that their client Egg had requested that I write direct to them for the CCA. Nothing else said. Both my original letters returned with that response + postal order.

 

They may be wrong Bear, but I need to know what I can do about it, as they clearly don't give a damn about being wrong.

Mozzone

_______________

Taking on the bloodsuckers

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...