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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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Help! Egg a/c in dispute sold to DCA


seanj70
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A while back I requested my CCA from Egg (via CapQuest) and eventually received the following:

 

Egg CCA pt1

Egg CCA pt2

As this did not include a copy of the terms I wrote back claiming that it wasn’t properly executed with all the prescribed terms and didn’t hear anything for almost a year from either Egg or CapQuest.

Then I received a call from Aktiv Kaptial who apparently purchased the debt from Egg. As I was not aware that my debt had been sold, whilst it was still in dispute with Egg / CapQuest, I requested a copy of my CCA from AK.

 

AK said (verbally on the phone) that the original agreement doesn't matter any more and they were desperate to get me to pay a token payment on the phone, but I refused and said i wanted proof of the debt.

 

I sent them a letter stating that Egg should not have sold my account whilst it was in dispute to which they replied, removing my account from their collection process whilst they obtained a copy of the agreement.

 

I have now received the following including a copy of the agreement, this time with a copy of Egg’s terms:

 

letter from AK

Copy of Egg CCA part 1

Copy of Egg CCA part 2

Copy of Egg terms part 1

Copy of Egg terms part 2

Copy of Egg terms part 3

 

AK’s letter states that Egg rejected my claim that the account was unenforceable, however I have never received this information from Egg or CapQuest, nor did they contact me to try and recover any more of the debt.

 

Upon perusal of the supplied agreement and terms there is no mention of a cooling off period or my rights to cancel.

 

What should my next step be?

 

Write to AK stating that Egg never told me they refused my claim, that they did not try to contact me to recover any more of the debt – further implying that the account was still in dispute, that they should not have sold the debt to AK whilst in dispute and that even with these supplied terms the account is still in dispute because of the missing ‘cooling off period’?

 

Should I mention why i’m disputing it in detail (cooling off period) or just give the generic ‘does not include all the prescribed terms’?

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