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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.

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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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Help urgently needed Egg taking me to court


pussycatdoll
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Anybody have a defence statement suitable for a 2004 egg card with approved limit etc - need to submit defence like tomorrow!!!

 

I would suggest you both apply for a stay until pt2537's case is settled; a verdict is expected very soon. See this thread for details: http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

The case was heard on 4th June 2010 and the verdict is expected within 3 months.. [url=http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html][/url]

Edited by colin21958

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

You can make a donation here:

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Mmmm just checked my records and it would seem that egg havent issued a DEFAULT notice.

 

So perhaps I could prepare a defence initially based on this and the misleading terminology

 

Anybody some bright ideas required please!!

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Hundreds of people did not receive a DN from Egg.

When pushed up against the wall Egg invariably said they did send it. There is no legal requirement to use registered post, so it is your word against theirs.

 

Nobody ever got any leverage out of it that I remember.

 

 

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Thanks for your help everyone

 

I have just submitted a very general defence hopefully leaving every avenue of argument open.

 

I will most likely receive a court date shortly which is when I will definitely need some help.

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General question: is it beneficial for caggers to post up suitably de-personalised copies of their Defence for comment / improvement by those-in-the-know prior to submitting it to court?

Mozzone

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Taking on the bloodsuckers

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General question: is it beneficial for caggers to post up suitably de-personalised copies of their Defence for comment / improvement by those-in-the-know prior to submitting it to court?

 

typically yes.

use the legal forum

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Unfortunately this time I didnt really get the help I needed but it was my own fault as usual I left things to the last minute and didnt get enough time to build the defence using everyones help. So I submitted hopefully a very general defence not mentioning too many specifics so that when I get a court date hopefully I will be able to fill out the gaps substantially.

 

Anyway I can always apply for a stay using the N244 route if needed so I hope I havent any need to panic just yet!!

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Why don't you link this thread to the Legal Forum as some caggers suggest; and then post up your defence on the Legal Forum for comment? Even if its already gone in it can probably be amended, or you get peace of mind knowing it does the job.

 

if you do that, can you put a link to the Legal Forum thread you've started on here so your fellow Eggsterminators can follow it?

Mozzone

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Taking on the bloodsuckers

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CapQuest have sent their second letter to me now flatly REFUSING to send my CCA request onto Egg. C-rappyQuest 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

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Taking on the bloodsuckers

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fine

ignore them then.

if they want money off you they must hold a valid CCA.

 

simples

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes I understand that and am looking ahead to sendin a dispute letter shortly. However, I want to get one on CapQuest and if they have given me the window of opportunity...

Would you happen to know where in the OFT Guidelines and CUPTR 2008 I can find the rules that state CrappyQuest must pass on my request to Egg? I am struggling finding the relevant info.

Mozzone

_______________

Taking on the bloodsuckers

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AFAIK there isn't one.

its just a current ruse they and many other dca's use.

 

they say since mcguffin? or was it carey? case that they do not need to hold one if they are solely collecting

its down to the OC to do that.

 

sadly not true!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sorry mate don't follow that :/ Is there anything I can quote to 'em to say they are in breach of some rules?

Also, if CapQuest have no NOA and Egg still own the loan, can I ignore CapQuest and stop paying them? They defaulted me 4 years ago.

Mozzone

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Taking on the bloodsuckers

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mozz this is NOT your thread!!

 

stop hijacking again.

 

please post a link to YOUR thread on this issue/debt.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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