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    • Dx100uk according to the ICO office, who I spoke to at some length earlier today after getting the email from the court, Equita are the data controller if they have instructed the contracted EA. The ICO have noted the case, and stated very clearly that the court has the higher standing in terms of dealing with, and punishing either party if they fail to adhere to the district judges order and any action they take will not be criminal.    but they also stated very clearly that with what I’ve told them, and on the basis of accepting what I’ve told them as gospel (which it is with written confirmation from both the courts and the police) then there is some major red flags being raised on both sides with them blaming each other.    they’ve advised me to essentially keep my powder dry until there is a charging decision and an outcome from the seperate proceedings with the EAC2 complaint, and then come back to them with the case and they will be in a stronger position to act against Equita and the EA as there will be established facts and evidence that have already been laid before a court.     
    • urm.. i seem to recall another assault case whereby the approved bailiff company claimed the body camera was nor theirs but a pers one of the bailiff, i think they got in serious trouble for it. i believe that breaks certain gov't approval for a bailiff company/firm regulations/laws  if memory serves me right?
    • have a look at  https://www.consumeractiongroup.co.uk/topic/451423-pra-letter-of-claim-old-barclaycard-debt/?do=findComment&comment=5256506 the docs in this thread are what you should get. if the agreement the correct date for signup and does the PRA or BC cover letter use the word reconstructed? dx
    • sounds like lesley. They'll respond some rubbish I'm sure.  
    • Even if they have crawled back under the stone, remember they have six years to bring a claim. Let them know if you ever change address.
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Swinton Intimidators.


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Hello all,

Just want to tell you all of my bad experience with Swinton Insurance brokers and it's gonna be a long one. :rolleyes:

 

My friend was visiting from Belgium at same time purchasing my father's car. He needed car insurance for 3 weeks. We went to Swinton. We were told we'd have to take out a 10 month policy but would be no trouble as long as we cancelled before the new month and there would be a cancellation fee of £60... £10 to Saber and £50 to Swinton. It's cost £179! for 1 month so it wasn't cheap but we had no choice (payments coming from my bank account because he had no debit card for UK).

 

Well the time came when we should cancel on the 3rd week. We called to cancel but was told we'd have to cancel it with the person we opened the policy with; which I thought was strange. Tired to call all that week to cancel with same story that the person was not available. Finally my friend lost his patients and said he wanted cancelled NOW. He was then told there was a cancellation fee of £165!!! Not £60 like we were told. I then took the phone as my friend isn't from the UK and doesn't speak fluent English, and asked what on earth this man was talking about. He told me the same thing, I said "No we were told by Andy C**per it was going to be £60. He then said "He made a mistake" I said "that's not my problem" He then went on to say "It's your word against ours" Which it wasn't because my sister-in-law was there also and there were two other employees at the branch at the same time not preoccupied I might add. They should have corrected him if he made a mistake.

I said "were is Andy C**per? I want to speak to him." He said "He no longer works there." I said "OK, so if I come into the branch everyday then he shouldn't be there?" He then retracted that statement and said he was actually out sick. Now this man just accused me of not being truthful and he just blatantly lied. I asked to speak to their manager as he was also absent too????

I then finished that conversation by saying send me the bill and I'll sort this mess out on my return to the UK and that I'd already cancelled the direct debit.

 

When I returned I had two letters one saying the policy had been cancelled and the second threatening that if I didn't pay (which was now £152???) in 7 days my details would be passed to their debt collection agency! These letters were in a space of 13 days!

I write to them in complaint then I received a copy of their complaint procedure. Then I received another letter saying they were going to collect the fee of now £156.86 from my bank account in 7 days. I went to the bank and made sure the direct debit was cancelled. I also received another letter from their customer assistance team saying I needed my friends signed authorisation to put forward my complaint even though they were attempting to dip their fingers into my bank account.

 

So I sent the same complaint with my friends signature. Also I said if you take anything from my account while I am disputing this then that would be breach of the OFT 2003 guidance on debt collection (unfair business practices) and could also be breaching codes of practice to which they are subscribed. (Which I copied that from a Martin on this forum, thank you:wink:)

And that I had to the complained to the Ombudsman and would also to the FSA.

 

That must have done the trick; I received a letter saying the debt in question had been closed. :grin:

Didn't receive an apology though??? Tsssssssssk :mad:

Still going to complain to their CEO (Peter Halpin) on this matter and the FSA.

 

I want to warn everyone NOT to do business with Swinton. [EDIT] If you have and are going through same thing then don't yield to their threats.

Edited by Rooster-UK
Libellous comment removed.
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I so hate that company!!! There is already a thread on here about Swinton which I added my experience to. They were trying to rip my pensioner parents off for a cancellation charge. I followed their complaints procedure and they backed off in the end and like you I got a letter .. but no apology. But I bet loads of people just pay it because they don't know any better.

 

When I put my post on someone commented that the Cancellation charge wasn't allowed and FSA would be very interested in that.

 

I meant to complain to FSA anyway but haven't got around to it yet. We should both do that to stop them getting away with it in the future. Seeing your post will motivate me to do it! Not sure if there is a timescale though.

 

Jan

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Hi Jan,

Yes I still can't get over the sheer arrogance and rudeness of them.

I'm sure they think they are above the law.

I am definitely going to complain where ever I can, they are not getting away with this.;)

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Good result.

Yes you have to exhaust the 8 weeks complaints procedures and they do send a copy of those -I have 8 !!!

Once they can see that you are not letting things go,and know your rights,they will back down and sort things out.

Sending the CCA request with £1.00 provides for asking for a copy of your payment history which should clearly show any additional fees or charges.

They are a little shy when it comes to providing this-I know I had my £1.00 postal order returned......complete with a cheque for their £12.00 charges.

It is very imnportant to send anything recorded and keep copies.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I would like to thank you Martin3030, if it wasn't for this forum and your great advice I don't think I could have (ehem;)) bluffed my way through this ordeal pretending I knew far more than I do about the law. Although I am not one to back down easily and I do know my rights sorta, just not the complicated stuff.

Once again thank you, your a star! :-D

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Good to see you got things sorted.

With bluff, you have to rely on their thinking of what you MIGHT know.

I think its fair to say that they came to the conclusion that you DID know.:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Having trouble with swinton myself,missed one d/d payment and two weeks later received letter saying they were going to cancel the policy,when I phoned them to pay a couple of days later was told that it was too late and i would incur a £50 cancellation fee,also told to pay remaining £88 on policy(total now £133) within 7 days,explained i couldn't pay within 7 days and was told it would be past to a DCA,2 weeks later received letter from DCA adding a further £25.........choosing to ignore letters at the moment

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I wouldn't ignore.

 

Start their official complaints procedure (not sure what they can and can't do re direct direct but you can start it because of canx charge). Their terms and conditions and Manchester head office address where you write your complaint to are on Swinton website. Send letter recorded delivery.

 

You should at least get the cancellation charge and DCA fee written off - not sure about the rest.

 

Once you start the procedure the DCA is supposed to back off until it is resolved.

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Yes,shall write to DCA saying I'm disputing the amount,there's no signed credit agreement(they just renewed the policy over the phone)plus I'm not the one who cancelled the agreement and i offered to pay the outstanding £88,just sticks in my throat how quickly they past it on to a DCA,who in turn threaten to send someone to my door to collect.

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You should have been sent a default notice to allow remedy under the Consumer Credit Act.Did you not get this ?

I would suggest writing to Swinton,informing them you do not believe they followed correct procedure.

Since you dont deny that you missed a payment,your complaint should focus on why your Policy was cancelled.

In relation to the DCA you need to write to them and inform them that you are disputing any alleged amounts owed,and they will be in breach of OFT guidelines on debt collection by continuing to demand payment.

You should also request that they give you a breakdown,on what their demand for £25 is for.

 

You need to be clear with Swinton.

I think a SAR may be required in order to get all the information,although you could make a CCA request seeking copies of any default notice,and a statement of account.

You could tell them that you will be considering sending a SAR,and that if their actions are found to be in breach of Consumer Law,then you will take steps to seek recourse with regulators.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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