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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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kriso v Egg


kriso
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Sent off SAR to Egg and received an acknowledgement a few days ago. Unlike my other accounts I obviously don't have all my statements for this one! Have had the account for about 6 years so hopefully quite a few charges to get back :)

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  • 4 weeks later...

Still nothing from Egg... :| I figure their 40 days are up on thursday...that's 40 days from when they would have received the letter, not 40 days ffrom the date on the acknowledegemnt they sent me, right?

 

If nothing arrives, is there anything I can do to crack them?

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Well just in the nick of time, a load of statements and other printouts arrived from Egg by recorded delivery this morning. I calculate they owe me £240 plus interest; not as much as I was hoping...tho suppose it's good really that I wasn't charged in the first place.

 

I aim to get my pre-lim letter in the post by tomorrow :D

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Received both the acknowledgement of complaint letter and letter outlining the Egg agreement terms over the last few days.

 

Nice of them to point out that where they feel our relationship has broken down, eg in the event of legal proceedings, it is their policy to consider ending the agreement :D Luckily I only owe them a £90 loan repayment and nothing on my credit card.

 

LBA going out in a week's time..:p

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

Well it's been a quiet month but today I received Notice of Transfer of Processings from egg. It says a defence has been filed but strangely it also mentions 'the filing of an allocaiton questionnaire be dispensed with in this case'.

 

So I think I wait for a court date next but hopefully Egg will crack before then :)

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  • 2 weeks later...
  • 7 months later...

Oops - forgot to update this thread but they settled....Just one problem tho; due to a stupid mix-up, I have since been charged another penalty for exceeding my limit. Is there any reason why I can't claim back again?

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