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    • 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
      • 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 mrs p card - now Marlin


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Can anyone reply please to my last post, do I send a letter to Marlin saying Statute Barred?????

 

Yes you should send the SB letter to them. Here is the appropriate template which you can use.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred

 

Statute barring is not directly connected to collection of debts. Just because a debt is statute barred doesn't mean it does not exist and collection agencies can continue to try and collect. Statute Barring is only a bar to enforcement through the courts.

 

However, when once you have told the creditor that the debt is SB and that you will not paying, they should cease collection. If they don't then you have the relevant ammunition to lodge formal complaints with the relevant authorities.

 

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  • 3 months later...
Please explain

 

 

Do you have a problem with Egg and or Marlin?

 

 

The successes I've seen involved making Formal Complaints (very robustly) to the OC and which ever DCA was involved.

These were not on these forums and the detail is not mine to publish here.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 3 months later...

OH NO! Made a mistake with my dates the debt was only 5 years not six they wrote back and said last payment was 24th October 2009, which I have now found, they have enclosed an income expenditure form for me to send back.

Should I now start the process from the beginning as no application form was ever signed?

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OH NO! Made a mistake with my dates the debt was only 5 years not six they wrote back and said last payment was 24th October 2009, which I have now found, they have enclosed an income expenditure form for me to send back.

Should I now start the process from the beginning as no application form was ever signed?

Responding to PM.

Hi easy mistake to make

 

 

Yes SAR to OC, and if you haven't done so a CCA to the DCA.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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ims21 can you resend your message of 23.13 pm last night re. Statute Barring please ?- it has disappeared from the site together with my message to you.]

Thanks Hopster

 

 

I have done...your own thread has been created here and have responded on that

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?434723-Me-amp-EGG-help-please&p=4630314#post4630314

 

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Received a letter today off Mortimer Clark in relation to the 2 letters I sent to Marlin and themselves, which was a CCA request.

The letter is very brief and says ,thank you for your letter dated 9th Oct 14.

We confirm that we have forwarded your document request to our client and we will be in contact when we receive a response.

(Now this is the bit I don't understand?)

We further confirm that this debt originated with a Credit Card through Egg Banking Plc. The date of the original agreement was 22/03/2000 and bore the agreement number *************** This agreement was terminated on 8th March 2007.

Your account will be placed on hold pending a response from our client.

So I sent the Statute Barred letter and they say they received a payment on 24th Oct 2009, I would not have sent a payment if the agreement had been terminated on 8th March 2007???

Am I missing something here?

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Received a letter today off Mortimer Clark in relation to the 2 letters I sent to Marlin and themselves, which was a CCA request.

The letter is very brief and says ,thank you for your letter dated 9th Oct 14.

We confirm that we have forwarded your document request to our client and we will be in contact when we receive a response.

(Now this is the bit I don't understand?)

We further confirm that this debt originated with a Credit Card through Egg Banking Plc. The date of the original agreement was 22/03/2000 and bore the agreement number *************** This agreement was terminated on 8th March 2007.

Your account will be placed on hold pending a response from our client.

So I sent the Statute Barred letter and they say they received a payment on 24th Oct 2009, I would not have sent a payment if the agreement had been terminated on 8th March 2007???

Am I missing something here?[/quote#

 

 

 

 

How much is the alleged payment £1 or £10 by any chance? This is becoming common with Marlin " mystery " 1 off payments, some have proven to be CCA or SAR stat fees paid to OCs or other FCA.

 

 

You need the to provide unequivocal proof of how the payment as made, credit/debit card, card No. and issuer, cheque/name of bank and sort code/name of account holder and date cashed etc.,

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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