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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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MadMaxCTR V Egg ***WON***


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Okay

I finally received my old statements and report of transactions from Egg yesterday. Have a total of £220 of charges to claim back.

Preliminary request for payment sent off today.

I’ll keep you all posted.

MadMaxCTR :cool:

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Need some help please?

I'm seen about this contractual interest we can claim on these credit card claims but firstly how much is it for this card and has anyone got a linky to explain a bit more about it and finally anyone got a Egg spreadsheet for doing this.

Ta

MadMaxCTR:cool:

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Share on other sites

Need some help please?

I've seen about this contractual interest thing we can claim on these credit card claims but firstly how much is it for this card and has anyone got a linky to explain a bit more about it.

Finally anyone got a spreadsheet for doing this.

Ta

MadMaxCTR :cool:

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Share on other sites

Contractual Interest based on the principles of mutuality and reciprocity has already been dismissed in the High Court with precedent set (see Hippo thread).

 

What can be claimed back are the monthly debit interest items ACTUALLY accrued on the unlawful charges, i.e. if after charges were levied you then paid off your entire card balance, then from that point on no further debit interest accrued on your unlawful charges, so none would be reclaimable.

 

Debit interest flucutated from month to month, so to disentangle the lawful interest accrued on your purchases from unlawful interest accrued on your charges, you will need to multiply your accumulated unlawful charges and unlawful interest to date, by the interest rate applicable on the month in question. There are various excel spreadsheets on the site, e.g. check threads started Vampiress. I would no longer rely on such spreadsheets, as you need to make sure each month the computed theoretical debit interest was PHYSICALLY, ACTUALLY levied on your account. Say if £220 charges levied, but only £100 debit balance at May 2007 monthend, then for that month only £100 accrued interest. If that £100 was made up by £60 new lawful spending, then only £40 charges accrued interest in May 2007.

 

With charges at only £220 it is doubtful if too much effort is worthfhile. The answer need not be 100% accurate (nobody can get it 100%), it is unlikely Egg will dispute any tiny discrepancy.

 

(Charges + interest) reclaimed, when it reaches court and is upheld, then the court will add 8% Statutory Interest. You can say as much to Egg. If Egg refuses to pay SI, then you can say, see you in court (at some inconvenience and cost to yourself). It is unlikely Egg will fight. In recent months they quickly accede, so long as you use the template reply from moc1982 thread, when they say "they have complied with reduction to OFT threshold £16, where is your evidence of unfairness?"

 

GL

 

 

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  • 3 weeks later...

Letter received from Egg dated the 26/07/07 making a partial offer.

Appears to be their standard response where they mention that they’ve lowered their charges down to £16 so they’ve offered me £44 (the £4 difference X the 11 charges).

Secure email sent

Thank you for your letter dated 26th July 2007 regarding my request for repayment of charges.

 

I have great respect for Egg's Genuine Pre-estimate of £20, great respect for Egg's Genuine Pre-estimate of £16 and great respect for all future Genuine Pre-estimates that Egg provide.

 

As a former cardholder I cannot help wondering, if after many years in business Egg has ever tried to reconcile Pre-estimates against Post-event audits. I am confident that a company devoted to justice and truth like Egg will not withhold evidence from the cardholder, that Egg will present evidence in court to show after-the-event costs, as well as before-the-event Genuine Pre-estimates. Therefore I intend to file a claim for the £220 charges and I hereby reject the £44 offer which you made in your previous correspondence.”

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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LOL thats a great letter Max I hope it works for you

"I am more than prepared to repay any money I have borrowed, IF they are prepared to refund any money THEIR agreement doesnt allow them to charge me." Tamadus

 

Thanks couldnt put it better myself :D

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Unfortunately i can't claim credit for that.

 

I beleive i nicked it off Zubo. He had the same offer from Egg ( you know the difference between their old charge and the new one) he sent that letter via the secure email and had an offer for full settlement in two days.

 

Fingers crossed.

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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  • 1 month later...

Referred to the FOS now. :p

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Share on other sites

Let us know what they come up with

 

Will do.

 

If its anything like what they did for me on Max V Lloyds TSB, i'll have full settlement with interest in a few weeks. :cool:

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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  • 4 weeks later...

Settled in full without any litigation.

 

Offer letter came days after i wrote to Eggy telling them i had referred the case to the FOS.

 

MODS - please adjust my title to *****WON**** and move me to the successful egg claims folder.

 

Ta

 

MadMaxCTR :cool:

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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