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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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      Many thanks 
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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.
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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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Egg No Agreement Default Removal


wednesday1867
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Well just to update, received a response from CapQuest today.

 

Just states that they are no longer dealing with my account and everything has gone back to Egg.

 

Maybe they dont have an agreement and the online one they sent me is something i never completed afterall?

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Well just to update, received a response from CapQuest today.

 

Just states that they are no longer dealing with my account and everything has gone back to Egg.

 

Maybe they dont have an agreement and the online one they sent me is something i never completed afterall?

 

Is this the account that you are preparing to go to court with ? and it is still being passed around DCAs ?

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I was going to start proceedings to get the default removed, but the consensus is that the online agreement they sent me is actually enforcable. Everytime i get a letter about it, i just send them a reply stating im waiting for a copy of my agreement, then it eventually gets passed back to Egg.

 

I cant remember how i applied for the loan, it may of been on line, it may of been on the phone, as it was transferring my Egg card balance to an Egg Loan.

 

At the minute, im waiting for Egg to make the next move, if its enforcable, why arent they pushing me?

 

I obviously dont want to go to Court, they provide that and i have no answer to it.

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  • 4 weeks later...

**Update**

 

Still haven't had any letters demanding repayment.

 

However, about a month ago, i received a letter from Egg, informing me they are looking into my complaint. I haven't complained to Egg, i haven't contacted them for months and months, only contact i've had with anyone to do with this account is the DCA's acting on Eggs behalf.

 

Today i received another letter, informing me they are still looking into my complaint and if they don't settle it within 8 weeks, i can then take my complaint to the FOS.

 

I've no idea what they are talking about :D

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**Update**

 

Still haven't had any letters demanding repayment.

 

However, about a month ago, i received a letter from Egg, informing me they are looking into my complaint. I haven't complained to Egg, i haven't contacted them for months and months, only contact i've had with anyone to do with this account is the DCA's acting on Eggs behalf.

 

Today i received another letter, informing me they are still looking into my complaint and if they don't settle it within 8 weeks, i can then take my complaint to the FOS.

 

I've no idea what they are talking about :D

 

It is not an Egg correspondent consciously speaking but their automated IT systems babbling. There could be for instance 200 different permutations of Egg-vs-customer situations which a human manager may recognise after lengthy briefing, but say only 50 Egg template letters carrying rigid text and stored on Egg computer. Whenevr the IT system senses a certain template letter is due, the nearest match is sent off. To be fair, many CAG claimants also fire off CAG template letters bearing inapplicable and irrelevant text to banks and cards.

 

Such blindfolded automated mailing might be the explanation why they sent you a template letter requesting a manual signature (aimed at other manual applicants, or text left over from before 2004), when in your case an electronic tick had already been recorded on your online application -- if that was what happened.

 

 

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  • 3 months later...

Quick Update, Egg looked into all this and stand by the online agreement saying i ticked the box online.

 

I have written back saying what about the email requesting me to send back the signed agreement.

 

I told them i dont recall signing it on line and that my next step would be court not the FOS, i asked as i didnt believe them for screenshots, they have provided them before. They wouldnt (or couldnt) send me them. I also asked if this online agreement is the one they would depend upon in court in accoradance with the CPR rules, again this question was dodged.

 

I asked both those question 3 times, no answers, last letter told me they had given their final response and i should now contact the FOS to carry my complaint on. I dont want to do this, the FOS cant really help i feel.

 

So my next step, either go to court and say i dont believe i signed this on line, would they have to supply evidence i did? Or is the agreement they sent me, proof enough? Surely it cant be?

 

Or organise a payment plan.

 

Ere dear..............

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Any ideas?

 

Do i write back saying, i wont be going to the FOS, i will be issueing court papers challenging the enforcability of the alleged agreement and i must have their confirmation under CPR rules that the supplied document is the one they would rely upon in court?

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There is little point in going down the FOS route as they dont have a remit to ajudicate on agreements. So I would say your next move is just to send a Letter before Action.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 months later...

Sorry to bring up an old thread, but I am in a simlar situation to what is described here.

 

I entered into a loan agreement with Egg in Novemeber 2005.

 

I origionally was planning to borrow £5000 and comleted an online application, however I actually borrowed £5500 and recall completing a signed agreement before the monies were released into my bank account.

 

In response to a CCA request, I have recieved a copy of an electronin agreement, however it is impossible that I would have completed this agreeemnt and a login to my egg.com account confirms that there are no online agreements.

 

Are they playing games here and is there anything I can do?

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