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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
      • 160 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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mcuth v Egg ****won****


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Have you cracked the Egg Michael? ;)

 

Not quite - but I feel that there may be some soft poaching coming up soon.... ;)

 

Cheers

 

Michael

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Guest The Terminator
Not quite - but I feel that there may be some soft poaching coming up soon.... ;)

 

Cheers

 

Michael

 

I intend to scramble Egg in 2007.They've picked on the wrong person

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It'd be amazing if they actually paid for confidentiality - but I'd have to delete most of this thread :D

 

 

Dear Lord, no! Confidentiality would apply to the agreed terms ofyour settlement once you had been paid, and would not apply to anything retroactively. Basically, we'd expect your thread to end abruptly with no further updates from date of payment, certainly not to have your previous posts deleted!!!!

 

*shakes head in sorrow* Michael, Michael, Michael, have you learnt NOTHING from us????

 

:-D

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sorry to dive in but I have been offered full settlement for 2 cases against egg by messers addleshaw goddard. I hope you dont mind mcuth but I stole your letter saying no to confidentiality and asking for £500 if they want me to be quiet.... lets see what happens

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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sorry to dive in but I have been offered full settlement for 2 cases against egg by messers addleshaw goddard. I hope you dont mind mcuth but I stole your letter saying no to confidentiality and asking for £500 if they want me to be quiet.... lets see what happens

nice one i like your style i will watch your space as i may do that

SETTLED CASES

LTSB (CC) £20 21-8-06

HSBC (CC) £600 19-10-06

HSBC (Ac) No.1 £1900 25-10-06

RBS (CC) £900 25-10-06

Smile (Ac) £1300 17-11-06

A&L (Ac) No.1 £400 23-11-06

A&L (Mortgage ERC) £3900 4-12-06

LTSB (Ac) £200 13-12-06

A&L (Ac) No.2 £120 19-12-06

HSBC (Ac) No.2 £650 29-12-06

LTSB (Business) £1700 13-2-07

RBS (Ac) £4500 + Default Removal 17-3-07

Barclays (Bus) Warrant of Execution 10-3-07 not used yet

ONGOING CASES

Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour

Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07

HSBC (CC) have failed to produce Credit Agreement

TO DO CASES

Egg (Loan)

LTSB (Ac Ltd Company)

LTSB (Loan)

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Dear Lord, no! Confidentiality would apply to the agreed terms ofyour settlement once you had been paid, and would not apply to anything retroactively. Basically, we'd expect your thread to end abruptly with no further updates from date of payment, certainly not to have your previous posts deleted!!!!

 

Ahhh, I getcha - always wondered about that since I'd not really taken much notice of it before :)

 

*shakes head in sorrow* Michael, Michael, Michael, have you learnt NOTHING from us????

 

:-D

 

Obviously not :p, though I plead stupidity in my defence :D

 

sorry to dive in but I have been offered full settlement for 2 cases against egg by messers addleshaw goddard. I hope you dont mind mcuth but I stole your letter saying no to confidentiality and asking for £500 if they want me to be quiet.... lets see what happens

 

I don't mind at all - anyone's free to use any of the info I post up here - good luck with it :)

 

I have just received exactly the same letter as you, save for the claim amount. However, mine is from Addleshaw Goddard (law firm) as opposed to Egg's John Murphy.

 

Interesting - hadn't seen much mention of them before...

 

I haven't heard anything over Xmas, though they signed for the letter on Friday 22nd - hopefully that means they're just writing the cheque :D

 

Cheers

 

Michael

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  • 2 weeks later...

Still haven't heard anything from Mr Murphy, even allowing for the Xmas post & possible office closure over the holidays. So, am dropping him this little reminder....:

 

Dear Mr Murphy

 

In the Swindon County Court

{mcuth} v Egg Banking PLC

Claim Number: 6SN02736

Further to my letter of 21st December, 2006, which was received at your offices the following day (22nd December).

I note from my records that I am yet to receive any form of a response to the above letter.

Whilst I noted that “I am happy for this letter to be treated as my agreed acceptance under the above conditions. If you accept these conditions, then I see no need for revised offer documents to be sent, and look forward to receiving your cheque by return.” – I have received neither a cheque, nor any correspondence stating that the conditions were unsatisfactory. I believe that 3 weeks is a more than acceptable timeframe to allow for such a response, even allowing for the holiday period inbetween.

You will also appreciate that we are now over 2 weeks outside your original settlement offer expiry date of 28th December and thus interest due should now be recalculated. I suggest that using a nominal date of 31st January 2007 would be acceptable for this.

I look forward to hearing from you by return.

Yours sincerely,

{mcuth}

 

:D

 

Cheers

 

Michael

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Hmmm!

 

Michael, Egg are very quiet...!?

 

I wonder what they are up to now.

 

Personally speaking, I am quite happy to go to Court on 29/01/2007, because Humpty Dumpty has dragged out the process for so long...and I feel sure that any Judge would take an extremely dim view:( about their tactics towards Egg customers.

 

Love AC

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Hi AC

 

Hmmm!

 

Michael, Egg are very quiet...!?

 

I wonder what they are up to now.

 

Personally speaking, I am quite happy to go to Court on 29/01/2007, because Humpty Dumpty has dragged out the process for so long...and I feel sure that any Judge would take an extremely dim view:( about their tactics towards Egg customers.

 

Yeah, they are very quiet at the mo - wonder what's happening down there. I wouldn't mind going to court either, but for the sake of :rolleyes:

 

Cheers

 

Michael

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Received a reply from Mr Murphy today - apparently the cheque was despatched by Recorded Delivery just before Christmas and the Royal Mail say it was delivered & signed for on 10th January (though they aren't able to say who signed for the letter!). Obviously I haven't received anything, so there's something fishy going on here....would love to know what's happened there :-x

 

Anyway, Mr Murphy says that if they can't find the cheque by the end of this week, they'll cancel the original and reissue - oh, and they'll recalculate interest accordingly :)

 

Cheers

 

Michael

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Whats happening Michael-

Has your cheque arrived yet?

 

No cheque arrived as yet - I guess I'm just waiting for the process of cancelling & reissuing to go through. Mr Murphy did say that if the cancel & reissue was required, he'd recalculate the interest....

 

Cheers

 

Michael

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Hi Mcuth,

 

did you ask them for the recorded mail reference number from the original cheque they claimed to send?

 

:cool:

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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did you ask them for the recorded mail reference number from the original cheque they claimed to send?

 

I didn't need to - they volunteered it as part of the letter advising that the cheque had previously been sent.

 

TBH, I believe them. Whilst solicitors may have a bad image, and might appear to slip & dodge - mostly under client's instruction - I don't believe that they deliberately lie, especially over something as innocuous as a cheque being dispatched :)

 

Cheers

 

Michael

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Da-da-daaaaaaaaaaaaa

Just caught the postman before leaving for work this morning - 1 cheque for £87.69 received via Special Delivery :D

 

Now, I reckon I know why it didn't arrive before - there was a digit missing from the flat number :rolleyes:

 

Anyway, all done & dusted now - just the "case settled" letters to court & Mr Murphy to write :)

 

Cheers

 

Michael

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Congratulations Mcuth !!! :)

 

I always like a happy ending! :)

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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Thanks all - it's about time too :D

At long last, I get to see some cash too! :o

 

I'll be posting the final letters up here tonight :)

 

Cheers

 

Michael

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Bringing it all to a close, here's my letter from Egg:

Dear {mcuth}

 

Re: Your Egg account XXXXXXXXXXXXXXXX

 

Please find enclosed a cheque payment for £87.69 {yes folks, that's how much this almost 10-month long saga's been for :rolleyes:}, this is for repayment of charges and interest.

 

If there is anything in this letter that you wish to discuss or needs further explanation, please don't hesitate to contact me using the contact details at the side of this letter. Alternatively, my direct number is XXXXX XXX XXX ext XXXX.

 

Yours sincerely

 

Ema Clayton

Customer Relations Advisor

Egg plc

And here are my letters to the court & to Egg Legal dept:

The District Judge

Swindon County Court

The Law Courts

Islington Street

Swindon

Wiltshire

SN1 2HG

 

Dear Sir/Madam

 

{mcuth} v Egg Banking PLC – claim number 6SN02736

 

Please be advised that today I have received a cheque from the Defendant in settlement of the above claim. I therefore consider that the claim is now satisfied in full and respectfully request that proceedings are discontinued accordingly.

 

Yours faithfully

 

{mcuth}

Mr John Murphy

Legal Department

Egg Banking PLC

Governor’s House

Laurence Pountney Hill

London

EC4R 0HH

 

Dear Mr Murphy

 

In the Swindon County Court

{mcuth} v Egg Banking PLC

Claim Number: 6SN02736

 

I can now confirm that I have received your cheque in the sum of £87.69 in full & final settlement of the above claim – thank you.

 

I suspect that the reason for the original cheque going missing is now clear – the accompanying letter (copy enclosed) was addressed to me at XX XXXXXXX XXXX, not XXX XXXXXXX XXXX. It was only by chance this morning that I bumped into the Special Delivery postman who was wondering which doorbell to press on my block of flats!

 

As promised, I have today written to Swindon County Court advising them that the claim is settled, and enclose a copy of same for your reference.

 

Many thanks.

 

Yours sincerely,

 

{mcuth}

Cheers

 

Michael

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CONGRATULATIONS MICHAEL....

 

Thanks AC :)

 

Patience is a virtue.

 

Perhaps my only one ;);)

 

Cheers

 

Michael

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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