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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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gran289 vs Egg


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started this before i knew of this website.

 

Didnt need 2 send DPA request as had all statements from internet. Total came to £96

 

09/03/07 Sent letter giving them 2 weeks before court action

14/03/07 received letter asking for 8 weeks to deal with complaint.

14/03/07 another charge put on my account!! total now £112

15/03/07 phoned customer relations who said they wouldnt be refunding anything and sent me letter to say that i could go to ombudsman.

16/03/07 Received eggs letter.

29/03/07 Filed small claims in Glasgow Sheriff Court.

 

will keep you posted,

 

Emma

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i have a question i hope some1 can answer.

 

If i am successful will egg close my credit card? i hve £500 outstanding on it and i read in their t & c they can close it if they fel the customer - egg relationship has broke down (which it hasnt!) but can they close it and demand me pay off the full balance for any other reason?

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Egg have been known to close the account of successful claimants, more often as a threat before the event to deter claims than as vengeance afterwards. In this eventuality claimants can contact the Bank Ombudsman, who severely reprimanded the Alliance & Leicester for doing the same, forcing the A&L to eat humble pie and pay the claimant £125 compensation. Banks and cards which repeat the offence can look forward to the ombudsman racheting up the compensation.

 

After account closure enforced by Egg, I understand monthly repayments remain due, but there will be no lawful grounds to demand immediate total repayment. The original contract has not been made null and void by any offence committed such as fraudulent opening of account.

 

Good luck with your claim.

 

The better you are prepared with countermeasures, the less likely will Egg be to try their luck. After all I surmise Egg lawyers are reading this thread, lol.

 

 

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ok so if they decide to close my account will i continue to make my payments as normal (20 per month) and will i still be charges their 16.9% interest p.a. and will my credit rating be affected atall?

 

thanks

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Numerous persons have been through your situation. If you click SEARCH, then click ADVANCED SEARCH, then input keyword CLOSE, and select Egg Forum only, you will find the most relevant precedents to follow, to save time perhaps concentrating on the successful cases listed in V-E Day thread.

 

If or when your account is closed by Egg, their IT systems will no longer update your account each month. I believe it cannot possibly be worth Egg's while to manually apply interest even if interest were applicable, not clear on the legal situation on this.

 

Monthly payment of contracted minimum payment would certainly continue to be due as the debt and original contract agreement remains valid, just that Egg refuses to accept any more transactions from you, such as use of the card and D/D etc. The only unlawful and therefore invalid part of the contract you signed is the scale of punitive charges.

 

 

Provided you keep up with contracted minimum monthly payments you will not fall into Default, hence no possible justification of issuing a Default Notice to blacken your credit file. If Egg even threatens to issue a D N, PM the real lawyers (not me, lol).

 

The situation with bank loans and overdrafts is very different, where the contract states from the beginning that it COULD be called in any day with full balance to be due for repayment any day. I would be amazed if the T&C of any credit card contained such a clause in the fine print. If anyone has seen such, let the forum know. With this I have to sign off now, I have work to do.

 

 

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Hi gran289,

 

Just wanted to say good luck. I have also recently put in a claim at Edinburgh Sheriff Court against egg. However my claim also includes default removal.

 

Well shall crack the egg!

 

hondamad

__________________

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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