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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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Egg CCA


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Any news on PT's Test Case?

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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The waiting game is getting top my other half so we thought of going down the Full & Final Route - offered DC £1k - knew it would be turned down but wanted to open negotiations - then offered £2k - DC sent letter stating not enough and that they were not aware that there was a dispute on the account!! This really wound me up because they obviously just generate letters out without even knowing the case behind them and do not even consider the settlement amount reasonably.

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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http://www.consumeractiongroup.co.uk/forum/showthread.php?276509-Alexandra-Slater-v-Egg-The-Full-Judgement

 

"approved limit", "interest terms", "compulsory D/D being unfair" unenforceability claims -- all dismissed in Mold High Court on 9th August 2010.

 

Not good then! :x started negotiating F&F with DC - any suggestions as to what percentage they accept!

 

I wonder where this is all going - I lost my case against MBNA couple of months ago - when other CAGGERs have suceeded and now this! Feels like I'm dropping all the straws!

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Some threads within the past 8 weeks have mentioned F&F agreed at a fraction favourable to the debtor. If you browse backwards in time and pinpoint these threads then quietly PM the posters you would have the best chance of sussing out the lie of the land. Egg is likely to assess its chances on a case-by-case basis based on what they know or guess about your particular financial prospects.

 

Following their total win on 8th August they would have digested their strengthened position, so may stiffen their stance. However an enforceability win in court still cannot extract blood from the stone. If they believe there is no possibility whatsoever of a big repayment they would likely resign themselves to accepting a small payment before even this is paid to other creditors.

 

 

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  • 2 weeks later...

Things have moved last week - received letter from Arc saying Willing to discuss settlement please call this number, so I thought lets see where this goes. Have to say the man was really calm and willing to listen, I said that other half had made two offers and was just sent a standard - non responsive letter and he said that Egg definately want to settle - make your offer again and I wll put it to them, this gave a glimmer of hope, he got back to me and said that the offer was too low. The indication was given as to what Egg normally accept - 60%. I emailed an offer of 40% of the balance when the account went into dispute and not the figure that had charges, interest and default amounts. Received an figure of 50% but as partial payment and no one will claim the remainder, also refusing to clear any bad credit markers.

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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sorry to hijack but who do i write to to reqwest my egg cca and is there a template letter i can use?

i have looked but can't see one - any help appreciated

 

thanks

B

 

Hopefully you have found a template Bambibaby - here's one below - Print you name do not sign your signature, some cmpanies have been known to scan it so they can mock up a fake CCA.

 

For the same reason, the statutory fee of £1 should be a postal order - open your own thread and you will get lots of help specifically to your needs.

 

Dear Sir/Madam

 

Account/Ref No:

 

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

 

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

 

I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

 

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

I/we look forward to hearing from you.

 

Yours faithfully

 

 

 

Your name.

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Very similar situation with this one. ARC are offering 40% off after 6 months of various letters from Trev lol.

 

Looking in with interest.

 

M

 

Yes they are calling it 40% but I am considering it to be 50% working on the amount when it went in dispute and not the end amount including charges and interest since. They obviously are trying to clear up their bad eggs!:lol:

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Settled at the 40% (their view after interest and charges) 50% (my view when account went into dispute) - really tried to get them to accept this as Full & Final with all bad entries on credit file removed but they are stubbonr and woudl only class it as PARTIAL SETTLEMENT

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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previous posting would not allow me to edit!?

 

So they are registering it as Partial Settlement - I really tried to push this to Full & Final and they sent the cheque back and subsequently called me and told me that payment had to be made into the Bank directly and acceptance that this was Partial!

 

I am just relieved to get another sorted, whats another four years bad credit history - I never want a credit card again!!! cash all the way for me!!!

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Just gets up my nose that Egg display this message on their web site: -

 

[ATTACH=CONFIG]22335[/ATTACH]

 

The fight is over is it?, not yet...

Please note: I have no formal qualifications in this area and any advice offered is given in good faith. :)

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