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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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Egg and Apex


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Hi All,

 

I was just wondering what is happening with everyone else whose accounts were sold to Apex. I have refused to pay them anything on account of not having any proof that they own the account (on requesting proof/ Notice of Assignment from Egg, they merely sent me the previous letter they sent with egg headed notepaper, but this time without even the egg header!) I have since moved house, and haven't yet told them my change of address (I have told Egg), so haven't heard anything from them, but I wondered if they had been harrassing anyone else now the Slater judgement has gone against us all? Have they gone for a CCJ with anyone? Thanks

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  • 2 weeks later...
  • 1 month later...

Hi Brightside. I've not looked at this forum for a little while. I was going around in circles with Egg and claiming unenforceablity in relation to Pt's case. Apex stopped writing to me, I guess because they were waiting for the outcome too. When the judgement was handed down I expected them to come after me again but have heard nothing from them for months now. No letters. No phone calls. I've not moved or changed my number.

 

My debt is only about £2k. Maybe they have decided I'm not worth the hassle for the pittance that they probably paid for it.

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That's good to know. I guess they could find me if they really wanted to - I'm on the electoral roll etc. My debt is around £6k unfortunately - so I imagine they'll be after me at some point. Although I expect they only paid around £600 for it. Why Egg couldn't settle with us for that amount I don't know...

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I have challenged Egg on unenforcablility re "Approved LImit" and also thier right to terminate etc and my account was passed to Fredericksons - nothing heard at all since August and I too thought they would be back like a flash once the Slater case was decided!

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Have been chased by Foreskin International for about 4 months now, also letter from Brian Carter. Still had no letter of assignment, getting continuous calls from Foreskin, 4 this morning already, just ignoring them, they want to speak to me, why? It's like a rash that keeps coming back, haven't paid egg for at least 12 months.

Don\'t let the B**tards grind you down

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I don't know if this is any use or not but I have also had an egg loan passed to various DCA's and passed back again, currently with Apex. They've not produced a valid agreement as yet, and I never have seen a 'letter of assignment' from Egg so it tends to be a case of letter tennis until they pass it back to Egg again.

 

The thing is I can only offer a token payment to any creditors anyway due to my circumstances, so the original creditors are all fully aware of this and I must admit to finding it quite funny when another template threat-o-gram turns up. 'Here we go again!' I owe a fair bit of money to a large number of creditors but individually probably not enough for them to bother with, although I always expect court letters to turn up at some point. Egg were always the worst for calling at all hours, but changing my phone number stopped that.

 

I have been in this situation for nearly 3 years, so am kind of getting used to it all now. I can't pay what I don't have.

 

I would also be interested to know if Egg have gone down the CCJ route with anyone here yet.

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I had my account "taken over" by Apex and they chased me for months. We exchanged letters with me asking for CCA and all the legal stuff. I made them an offer in writing to settle the debt, which they refused about 6 months ago. I since haven't heard from them! I am expecting something one day but am enjoying the silence for now. Maybe they have forgotten about me :whoo:

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  • 2 weeks later...

Hi,

 

I'm in the same boat with the Approved Limit agreement. The card is from 2005, I first CCA'd Egg in September 2009, they initially agreed to reduced payments for six months until March 2010, Egg then defaulted (DN possibly faulty on arrears amount but ok on dates) and terminated the account. Stupidly (?) I never put the account in dispute, just did nothing.

 

I've now had a letter from DLC demanding payment, to which I responded with a CCA request, just to buy time, hoping to put the account in dispute if they don't comply. DLC have since sent another letter threatening the usual (litigation department, CCJ, charging order).

 

I have to say I'm very worried as after the Slater court case the agreement is enforceable, and all I'm doing now is buying time until they decide to take me to court.

 

Maybe we can keep this thread going and collate people's experiences? Would it be a good idea if a mod could change the thread title to reflect this?

 

ph

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  • 3 weeks later...
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  • 2 weeks later...

Letter received from Apex of official statement. They say they "took official assignment of your debt", which doesn't really say if they are just collecting or own it. Funny as I had no contact for months and now this which says "INFORMATION ONLY - NO ACTION REQUIRED". I am confused now!!!

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  • 7 months later...

I heard nothing from Apex for months, then recently a yearly statement. Closely followed by a letter saying I hadn't been in touch and it might get serious if I don't. I wrote to them offering a small monthly payment (£30 per month). They wrot eback saying as I hadn't been in touch to arrange payment it might get passed to legal... again! I wrote back again saying they seem to be confused as I have made an offer, which isn't the first. I have even offered to clear it at a much reduced amount which they refused in the past. Yesterday, another letter arrived saying I needed to make an arrangement to pay or else. I have tried. I'm not going to phone them whcih is what they want as then they will try to hassle me in to paying more than I can afford. I don't want to keep sending sarcastic letters, politely explaining how stupid they are if I can help it. Do I ignore them? The debt is more than 6 years old now, can they do anything? Apex Credit Management seem to be completely useless

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Ive had letters from Apex saying theyve bought account from Egg but they didnt ask for any money, strangely Ive had another letter recently saying they still have account but the letter says this isnt a demand for any money..strange !

 

Andy

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They are a strange company. It all went quiet for over 6 months and now they are sending letters but nothing ever happens! It's hard to resist being very sarcastic with them. I suppose what they want is for us to telephone them and then they can put the pressure on

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I've recently begun receiving a flurry of letters from Apex's in-house legal team Pinnacle (and I use the term "legal" very loosely!!) threatening to take me to court. This is despite the fact that the very last letter from them, prior to this latest assault, stated that they would not be pursuing any debt collection activity until they had provided me with proof that the debt had been assigned to them together with a copy of my credit agreement. I've just carried on ignoring them in the mean time.

 

I don't think their systems can be very sophisticated as they keep churning out these automated threatograms even when you have been communicating with them.

 

My gut feeling is that money has not been rolling in for Apex, on these old Egg accounts, as they thought it would. Furthermore, I believe that they have been inundated with creditor challenges/requests for consumer credit agreements and that, maybe, the now fragmented Egg organisation is none too quick in supplying the necessary documentation to them.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

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