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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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.
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      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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CCA Egg Credit Card and reduced payments


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Hello V, may I call you V?

 

I had the same agreement sent to me by Egg, via CapQuest, on the 13th working day of request, and I waited until the offence period was up and then wrote a letter back to CapQuest.

 

In this I stated that no T&C have been sent so I am at a disadvantage to prepare my defence at their threat of court action.

 

After all, the T&C are clearly stated by Egg as forming part of the agreement, (check your's where you signed), and I gather they also form part of the prescribed terms in any case. I then asked for both, CQ & Egg's, complaints procedure and Capquest have now said my account is on hold while an investigation gets underway by them both.

 

As far as I'm concerned, and hopefully the law will recognise, they need to re-enforce the debt and they have committed an offence.

 

Could try this route.

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It looks more like an application than the actual agreement.

Usually, the creditor signs after they have received the form rather than before. On top of that, they are supposed to show the amount borrowed, the total cost of loan etc etc. All that is missing.

Anyone disagree?

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Hi VV - another Cell Block H fan!

 

I have to say from my dealing with DCA's and CA's that get sent to me, I believe the prescribed terms contained in the below post are the legal terms for enforcability.

 

Your alleged CA doesn't contain your credit limit/amount!

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/105315-my-agreement-enforceable-useful.html

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On top of that, they are supposed to show the amount borrowed, the total cost of loan etc etc. All that is missing.

Anyone disagree?

 

It's a running-account credit agreement. The total cost of the loan would be impossible to calculate, it is dependant on the amount borrowed on the card. A credit limit doesn't have to be stated, however the agreement has to contain a term stating the way in which is to be determined, e.g. by reference to an agreed monthly payment. I have a feeling that the sentence stating that they will inform you of the limit in due course *might* allow the agreement to be enforceable

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It's a running-account credit agreement. The total cost of the loan would be impossible to calculate, it is dependant on the amount borrowed on the card. A credit limit doesn't have to be stated, however the agreement has to contain a term stating the way in which is to be determined, e.g. by reference to an agreed monthly payment. I have a feeling that the sentence stating that they will inform you of the limit in due course *might* allow the agreement to be enforceable

 

You might be right there, sequenci, but it's all rather dubious and not too clear for consumers.

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I forgot to add, I did not receive ANY terms and conditions with these documents.

 

Then how can you be expected to adhere to something you have no knowledge of because you are unable to refer to it?

 

Also, how can something be enforced, via T&C's, that the creditor obviously seems unable to refer to?

 

Did your T&C's contain a clause that in the event of being unable to meet repayments Egg Plc will allow you a 12 month repayment holiday?

 

Ask Egg to prove that it didn't.

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Say you won the lottery three weeks later and paid off the whole amount there and then. What proof would the direct debit authority be then as it would never have been activated?

 

 

Good call!:lol:

 

If they can't prove anything as basic as your T&C's of agreement then how can they prove most anything else?

 

I don't go along with this theory that the debt is there so you have to pay it simply because an amount is recorded in your name.

 

Only my T&C's would have told me I could have avoided drastic action by my creditor had I been aware of that document.

 

If it cannot be produced then why will a judgment be given against me?

 

What is the point of legislation if this is the case?

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