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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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The Egg Battle is *** WON ***


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Hi, I am still awaiting Egg to send my copy statements .... 40 days are up in 6 days ... if there a phone contact for them please???

08451 233 233

or

0800 783 4393

Moodle

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Filed the judgement. They might put a 'stay' as they ticked the box intending to defend.

 

I will have to wait and see.

 

I will give it a couple of weeks and then send the bailiffs in if I haven't heard anything... and there is still nothing showing on the courts computer system.

 

:-)

Moodle

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Any news Maxine?, i watch your posts with interest. I am about to go to with Egg! .. I shall deffo go down the same road as you. I like your determination ... keep us posted please. GOOD LUCK one & all!!!

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A defence came today, so it clashed with the judgement... Oh poo!!

 

Also... I had another letter about the offer which I have already rejected. The letter made me the same offer for the same amount (just over 100 short of my claim)... not a lot in it, but I will stiick to my guns and hold out for a full settlement.

Moodle

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  • 2 weeks later...

I have written to egg:

 

'Re: County Court Claim Number ********

 

Response to settlement offer.

 

Dear Eversheds LLP

 

Thank you for your letter dated 5th March 2007. Again, I respectfully decline your offer of £***.00p as settlement of my claim.

 

My claim is currently for £***.00 with interest accumulating daily as outlined in my Particulars of Claim, plus Court costs of £50.00, plus the Allocation Fee of £100.00. Total claim now stands at £***.00 and a claim for this amount will continue in court until payment is made in full.

 

I am prepared to argue my case before a judge. I believe that the defendant owed me a duty of care in the form of a fiduciary duty not to gain extra profit and by way of ‘fiduciary impropriety’ and that the Defendant breached that duty of care and made ‘profit by wrongdoing’ from that breach at my expense forming an ‘unjust enrichment’.

 

Should you wish to settle my claim in full, then please forward the balance of the claim £***.00 without further conditions and I will inform the court that the claim is settled.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

maxine989'

 

Still waiting for a response... I am hoping they will settle soon.

Moodle

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Yeah... must keep the faith. It's gonna happen... we will win... it's just a very SLOW battle.

 

Egg are only quick to respond when it's on their terms. When you are waiting for them to respond to you... they are very slow or don't bother!!

 

The end is nigh and all that!!....:D

Moodle

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Guess what folks????

 

 

I WON!!!!!

 

Letter in the post this morning...

 

Egg... without any admission of liability refund me with

 

(i) charges

 

(ii) interest on charges at the contractual rate of 16.9%

 

(iii) legal costs

 

YAY!!!

 

YAY!!!

 

I WIN... at last.... yeeeeeeee harrrrrrr!!

 

Any mods out there??? Could you change my title adding the **won** bit please???

Moodle

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Well done Maxine!! You stuck to your guns @ it paid off8-)

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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MAXINE HUN !:grin: :grin: :grin:

 

BIG WELL DONE !

 

ok, i'll stop shouting now.

 

You stuck to your guns max and i'm really proud of you.

Paid in full with CI .

I can't believe we ever doubted that we were maybe doing the wrong thing in claiming CI.

I am so glad that we continued with the plan,cos it works !!!

 

Determination and guts prevailed !!!

 

Hope xx

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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To the winner who worked for it

 

 

abouquetforourPenny.jpg

 

 

How DID the identical picture below manage to transform so drastically. There are some resemblances, but huge differences as well. Was it due to a new browser misinterpreting A-V instructions? Change in parameters?

 

Even the vase changed. Was the webmaster having a laugh?

Edited by Mistermind
re-pasted flowers after CAG graphics changed

 

 

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Scrambled egg! Tasty! Well done.:-)

Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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:D ... what more is there to say? x

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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  • 2 years later...

Hi

 

I am currently paying £1.00 per month to egg (although haven't paid it for almost two months as some little munchkin has lost my PIN sensory chip and pin unit in the toy box and I'm damned if I can find it)... and to be fair they have been really good concerning my financial hardship this past 6 months or so.

 

I sent off for a copy of my CCA which I got back today... looks ok, but I am not really sure what I am looking for or what the loop holes may be. It bares my signature, which I have partially blanked out for obvious reasons.

 

If there is anyone willing to take a look and explain to me whether this is an enforceable CCA then I would be grateful... Many thanks indeddy doo.

 

Maxine :-)

 

P.S.

bare with me while I check I have got the right code in... might take me a couple of edits to get them all on at the right size.

 

http://i121.photobucket.com/albums/o217/maxine989/eggcca012.jpg

 

http://i121.photobucket.com/albums/o217/maxine989/eggcca013.jpg

 

http://i121.photobucket.com/albums/o217/maxine989/eggcca014.jpg

 

http://i121.photobucket.com/albums/o217/maxine989/eggcca015.jpg

 

http://i121.photobucket.com/albums/o217/maxine989/eggcca016.jpg

 

you can zoom in on the image once you have opened the link.

 

:-)

Edited by maxine989
tweeking links

Moodle

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