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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 
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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 and Apex


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It sounds as if the account has been bought by ACM and they will now be taking payments on the account, I would suggest you do the financial statement verbally only to ensure you have a record of who you spoke to times etc and all there phone calls will be recorded, if your not happy with them ask to speak to a manager immediately and if they persist to bother you with calls request they remove all your phone numbers and ask for everything in writing!!

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  • 1 month later...

Hello all. Seems there are plenty of us on here. I've an Apex/Egg thread on the Dealing With Debt In Scotland forum.

 

Egg loan

They repeatedly refused F & F offers

They failed the CCA test

Tried F & F again (no)

Been Making voluntary monthly payments

 

Apex wrote to say that my Egg debt was with them. Looked like a fake and I wrote and told them.

Have refused to change my voluntary payment to their account.

They keep phoning despite repeated written requests for "written correspondence only."

About to try another F & F offer - asked for advice (is it for Egg or Apex?) on my own thread.

 

Subscribed to this one and will post again if any developments.

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  • 2 weeks later...

Not sure how to go about the termination route! I made a F&F offer of about 20% of the owed amount. They finally responded not saying they had turned it down but saying they would accept an amount (half roughly) and no mention of putting satisfied on credit record. They've got no chance, I haven't got that much. There is no talking to these people. I already wrote to them asking not to contact me by phone. It went quiet for a while, now endless phone calls. I've had enough now and just goning to ignore them. Do what they want now.

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Same here with the phone thing. Last one was sent recorded delivery - still got calls. Made a F & F too. Waiting to hear their response. Still paying Egg at this stage. Will update here with anything major.

 

What's the termination route?

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Thanks for the info. My Egg account has been in dispute for years. I'll be stopping my Egg payments altogether if they turn down the F & F. If I've understood this starts the "statute barred" five year clock here in Scotland. I've no decrees against me - and will contest any court action. A decree, a payment or correspondence acknowledging the debt interferes with the five year limit.

 

If I start making payments to Apex it could be argued that it acknowledges a debt. I'd be concerned that a CCA request would do the same.

 

Are you making the £30 a month payment to Apex or still to Egg? You could CCA Egg if you haven't already done so.

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CCA, what is that? I've got all the paperwork already from everyone. I haven't paid Apex a penny yet and stopped paying Egg when Apex kindly texted me to say they had taken on the debt! They keep threatening further action but never taking it further. I got a credit record from one of the 3 companies last week and there is no mention of this debt on there. Trying to get an Equifax one but having problems convincing them I am me lol

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CCA - Consumer Credit Agreement. Look it up on here or the site of the Office Of Fair Trading. I had a lot of creditors to deal with when I first had financial difficulties. I initially went to the CCCS - the Consumer Credit Counselling Service. Big help. They encouraged me to be open with everyone and (given my circumstances) - make a token payment to each of £1 while getting some cash together to make full and final offers. They warned me about Egg.

 

I didn't find out about my CCA rights until I joined the forum here. A few credit card creditors were refusing F & F settlements, threatening to send bailiffs round (they can't, bailiffs act for the court - found that out on here) and the daily phone calls etc... I sent CCA requests to everyone - the CCCS said to treat all the creditors the same - and no one had anything that looked like an agreement. Tesco sent me one with a forged signature and errors in the address (I'm laughing now - I wasn't then). Someone working there must have just filled something in. Anyway, Tesco and the rest settled (not Egg) within a few months.

 

Don't know when you became an Egg customer - they may have paperwork for you that's all in order.

 

If they haven't got the correct paperwork it doesn't mean you don't owe the money - just that they cacn't do things like pass the account out to a third party (like Apex).

 

Hope this helped.

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Ah well - just keep offering the full and final. Have you another creditor? You could offer it to Apex one last time with a time limit and warn them you'll use it to make an offer it to the other creditor if they say no. Just a thought - though £30 a month seems a good amount. If I was Apex I'd take it and stop bothering you.

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  • 9 months later...
Just checking in - still all quiet for me; not heard a peep from Apex. Most odd. All other DCA's I've had to deal with have been very persistent. How is everyone else doing?

EGG is now Barclaycard and they have gone quiet on me too. I do have a solicitor watching out for me on a no win no fee basis. We don't think that Egg complied with the requirements of the 1974 C C Act

Let me know when you last heard from Egg/Barclaycard please..................

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Getting regular letters from Apex - every two to three weeks - but nothing new. I'm in some computer generated cycle.

 

I'm still paying monthly (voluntary payment) into an Egg account. Haven't heard from Egg in years. Haven't bothered sending a CCA request to Apex. Egg didn't comply all those years ago and they were the original creditor.

 

Amount is going down on the Apex letters. Are they acting for Egg? I'm presuming that I mustn't ever pay Apex anything or acknowlegde their right to collect. makes it easy to argue that the account isn't theirs - Egg failed CCA request, IN DISPUTE status - can't be sold on.

 

Apex can keep asking me for money - it's just begging though. I'll argue they've no right to anything until Egg supplies the CCA. Interesting point - if Apex subsequently supplies a CCA to a court - why didn't Egg give it to me at the time I originally asked for it?

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Getting regular letters from Apex - every two to three weeks - but nothing new. I'm in some computer generated cycle.

 

I'm still paying monthly (voluntary payment) into an Egg account. Haven't heard from Egg in years. Haven't bothered sending a CCA request to Apex. Egg didn't comply all those years ago and they were the original creditor.

 

Amount is going down on the Apex letters. Are they acting for Egg? I'm presuming that I mustn't ever pay Apex anything or acknowlegde their right to collect. makes it easy to argue that the account isn't theirs - Egg failed CCA request, IN DISPUTE status - can't be sold on.

 

Apex can keep asking me for money - it's just begging though. I'll argue they've no right to anything until Egg supplies the CCA. Interesting point - if Apex subsequently supplies a CCA to a court - why didn't Egg give it to me at the time I originally asked for it?

It can be sold on if in dispute - mine was.

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@Hopster - why was your one in dispute (without posting anything that can reveal who you are to any Apex reps reading this) - and did you write to whomever told you they'd purchased it and pointed out the status?

 

I did - and phoned the Ombudsman who was very helpful. I was told they shouldn't be sold on though it happens. I asked if I could complain on those grounds - they said yes but there was no legal action I could take and nothing to stop a third party asking me to give them money - it's up to me whether I pay them or not. They did say that paying might be construed as acknowledging their right to collect the debt.

 

I have never (and will never) make a direct payment to Apex or anyone other than Egg. Occasionally I get a letter that says I need to change the account I pay into and that my payments may be returned if I don't.

 

Haven't had one back yet. While the account in IN DISPUTE - Apex can act for Egg but the account is Eggs until some valid paperwork (a credible CCA) is produced. I will post immediately if I find out otherwise.

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@Hopster - why was your one in dispute (without posting anything that can reveal who you are to any Apex reps reading this) - and did you write to whomever told you they'd purchased it and pointed out the status?

 

I did - and phoned the Ombudsman who was very helpful. I was told they shouldn't be sold on though it happens. I asked if I could complain on those grounds - they said yes but there was no legal action I could take and nothing to stop a third party asking me to give them money - it's up to me whether I pay them or not. They did say that paying might be construed as acknowledging their right to collect the debt.

 

I have never (and will never) make a direct payment to Apex or anyone other than Egg. Occasionally I get a letter that says I need to change the account I pay into and that my payments may be returned if I don't.

 

Haven't had one back yet. While the account in IN DISPUTE - Apex can act for Egg but the account is Eggs until some valid paperwork (a credible CCA) is produced. I will post immediately if I find out otherwise.

Account was ertminated when not in arrear - 161,000 others too - and the terms of the CCA did not fulfill the requirements of the Consumer Credit Act. - since sold to barclaycard.

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Think you will find you are in the zombie world of Egg and Apex.

 

These accounts were sold on to Apex. Egg doesnt exist anymore. Live loans went to Yorkie Bank. Live CC's went to Barclays. Egg in Derby closed down.

 

The dead stuff has moved to Canada Square Operations in Worthing which is part of Citi.

 

People with PPI are having a devil of a job getting SAR info as the shredders have been in. Good move as if you dont have it and the Bank doesnt then a PPI claim is game over.

 

But in shredding things like CCA's have gone to. And the longer this goes on the less and less info they need to retain. We would holler if a bank was keeping our stuff longer than it should. Here DPA is being our friend.

 

Many people have stopped paying altogether and that is it. Nothing happens. Why? Because they have nothing to enforce it with. Its a lemon hence why APEX are trying to squeeze as much as they can before it dries out

 

I wouldnt be surprised if your money is being cycled back to Apex

 

The few other Egg accounts you still see knocking around were post the APEX sale and had gone to Barclaycard so are with different DCA.

 

Yours is exact same as mine and we have stopped. Guess what diddly squat now just silence.

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