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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 
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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.
      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 just arrived...hmmmmm..


moneymummy1
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well despite already posting 3 other ccas today and thinking that was it and I could go and relax, the postman just delivered my Egg CCA :rolleyes: so whilst little one is sleeping I though I better get it posted to see what you think.

They have sent a covering letter followed by a copy of my signed agreement and have also sent a very very long drawn out copy of my current terms and conditions.

 

have copied the cover letter and orig agreement but not posted the current terms a its loads of pages (can add if needed)

 

here is the link

 

egg pictures by moneymummy1 - Photobucket

 

does this appear to be enforcable

 

thanks in advance for looking - help is always hugely appreciated!

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Hi MM1

 

Have a careful look at your originals for a box that says "your right to cancel" mine does not have one, which makes it unenforcable i have been told.

 

Post back and let us know

 

regards MJ:)

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  • 2 weeks later...

Just wondering if anyone can have a look over the cca and let me know what they think please

Mandyjayne, thanks for that, I cant see anything on the info they sent that has rights to cancel.

what on it makes it uneforceable??

thanks

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When was the last time you made a payment or acknowledged these alleged debts? Is there any chance they could be statued barred.?

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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no right to cancel = 100% unenforceable

 

good old Egg

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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can I ask a question if you think the CCA is unenforceable, will you just stop making payments?? I have issues with EGG, sorry I know you are asking for help, but just interested as I have not challenged EGG on this point

 

 

most definately - infact I already have stopped. As soon as I sent out the requests for CCA to all cc companies I stopped paying them all. This is partly because I figured ome would be unenforceable and partly as I am expecting a decent cheque in the post in a few months and I am hoping to offer full and final settlement figures which are more likely to be accepted if the debt has gone to DCA or is in arrears and they are getting nothing at the moment (at least I think thats right)

My credit rating is shot at so I cant really make things worse :| im no expert at all btw so dont take my word for it!

 

Can anyone tell me if thi looks enforceable PLEASE!!! im still confused. thanks

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The majority of Egg agreements were applied for via the internet;

(with exeption to some very early ones that were postal apllications)

 

Under the Distance Selling Regs., Cancellation Rights had to be sent out separately and by post, on an A4 document.

 

 

thanks for that Angry Cat, if you have time could you have a look at the images of the agreement sent and tell me if you think it is enforceable? im trying to get my head around all this but struggling. :-|

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