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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 
        • 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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Faz V Egg **WON**


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6.12.06 sent secure message asking for money back - REFUSED

12.12.06 sent prelim letter asking for money back - REFUSED

8.1.07 sent L.B.A recieved a response the following day refusing to refund my charges.

 

Does anyone know if I still have to wait the 7 days before filing a claim on money claim?

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  • 3 weeks later...

Filed my claim against egg with moneyclaim on 22nd and recieved a letter from egg yesterday saying

 

1.We view our terms and conditions as fair and in particular the charges levied pursuant to section 7.1 of your credit agreement with egg banking plc to be a genuine pre-estimate of loss rather than a penalty.

 

2. Notwithstanding our view, in the particular circumstances of your case we put forward the following settlement proposal:

 

(a) Without any admission of liability and purely on a commercial and ex gratia basis we will within 14 days of your acceptance of this proposal by return of the signed consent order(see paragraph (b) below) pay you £xx

in full and final setlement of the proceedings in Northampton County Court under claim number xxxxxx and of all claims,rights,actions and causes of action (including claims for interest and costs) you may have against egg arising out of or in connection with any issue pleaded in this case.

(b) As your acceptance of the proposal you will sign and return to us the consent order enclosed with this letter providing for dismissal of the proceedings on basis of each party bearing their own costs. Once we have recieved the signed consent order we will lodge it at the court to bring proceedings to an end.

 

They are offering to pay me back in full so should I just return the signed form? and do I need to do anything with moneyclaim?

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in full and final setlement of the proceedings in Northampton County Court under claim number xxxxxx and of all claims,rights,actions and causes of action (including claims for interest and costs) you may have against egg arising out of or in connection with any issue pleaded in this case.

 

 

Have they included the interest & costs in your settlement figure?

 

I accepted the conditions as my account had been closed for 2 years so knew I wouldn't have any further claims. If your account is still open it may be worth you replying by letter accepting the settlement figure but only if they remove this condition. I think there's a template somewhere.

 

K

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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I didn't actually claim the interest just because my claim was a small amount. The have offered me the full amount + court costs and my account with them has a nil balance so I am not too worried about that.

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CONGRATULATIONS!!!

 

:-D :-D :-D :-D :-D

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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  • 2 weeks later...
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