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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Secret/undisclosed commissions...


42man
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As they are part of the commonwealth I am certain this will be a copy of our laws matey...no probs really.

 

sparkie

 

 

I have a copy of this which I found ages ago but did not post as I thought it did not apply to us UK's, sparkie please let us know if it does.

 

Thanks for that cab.

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As they are part of the commonwealth I am certain this will be a copy of our laws matey...no probs really.

 

sparkie

 

found this info regarding the commonwealth thingy.

 

English contract law is an influential body of law regulating the law of contract that operates in England and Wales. Its doctrines form the basis of contract law across the Commonwealth, including Australia, Canada, New Zealand contract law, India and South Africa, as well as the United States and the wider common law world. It also influences international law.

 

cab

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found this info regarding the commonwealth thingy.

 

English contract law is an influential body of law regulating the law of contract that operates in England and Wales. Its doctrines form the basis of contract law across the Commonwealth, including Australia, Canada, New Zealand contract law, India and South Africa, as well as the United States and the wider common law world. It also influences international law.

 

cab

 

Great find cab, :lol:

 

OMG I found the smileys page

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  • 6 months later...
Any more news on undisclosed commissions as yet ?

 

Hi 42 Man and everyone

 

I have a case against GE for this with a hearing date of 4th May 2011 at Tunbridge Wells County Court, and a case against Swift for this with a hearing date of 16th June 2011 at the same Court.

 

Hope this helps everyone

 

Best wishes to all as always

 

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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  • 2 weeks later...

Evening all

 

Apologies for the delay, yes I did start my own proceedings against them. They fought to avoid the Court but the DJ has set the matter down for a hearing!!

 

Best wishes to all

 

Douga

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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fought to avoid court ? do you have your own thread as we are travelling down the same road and any advice or updates would be nice as you seem ahead of me , thanks in advance

 

Evening all

 

Apologies for the delay, yes I did start my own proceedings against them. They fought to avoid the Court but the DJ has set the matter down for a hearing!!

 

Best wishes to all

 

Douga

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Hi Michelle and all,

 

I do not have my own thread at this stage - purely because I know how Swift work. I post on here updates, as I go along. If you wish to PM me please feel free to do so.

 

Kind regards to everyone

 

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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  • 2 weeks later...

Does anyone actually know what an underwriting sheet should actually look like? I have no idea and despite requesting an underwriting sheet from GE for a loan, I have not got one and wouldn't even know what to look out for...

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  • 4 weeks later...
  • 4 months later...
Hi Michelle and all,

 

I do not have my own thread at this stage - purely because I know how Swift work. I post on here updates, as I go along. If you wish to PM me please feel free to do so.

 

Kind regards to everyone

 

Dougal

 

Any news?

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  • 3 years later...

I know this is an old thread.

I have been researching the secret commission aspect of consumer agreements, and in particular reliance on Hurstinger, so far on here I have come across no less than ten threads which have stated that there was a forthcoming"court case" which will clarify the matter.

As yet I am unable to find one which actually follows up on this.

 

I am beginning to think that the idea is just not viable after the GE money case. would I be correct ?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Thanks for bumping up this thread DB. We will have to be patient it seems. Maybe someone will come to this thread with their thoughts.

 

You may have read these articles.

 

 

http://www.fcpablog.com/blog/2014/7/16/uk-courts-rule-on-secret-commissions-and-recovering-profits.html#

 

http://www.wslaw.co.uk/site/uploads/publications/1406823572.0795.pdf

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  • 10 months later...
  • 4 weeks later...
Am I reading this correct that Swift are on the list of funders for the Money Advice Service?

 

http://www.publications.parliament.uk/pa/cm201213/cmselect/cmtreasy/writev/271/m01.htm

 

 

Looks like it ?

 

 

 

Appendix 5. List of current funders of the Trust

 

· Allied International Credit

 

· American Express Foundation

 

· Argos

 

· Bank of America

 

· Barclays Bank plc

 

· Barclaycard

 

· British Gas (here to HELP)

 

· BT plc

 

· Building Societies Trust Limited

 

· Consumer Credit Counselling Service

 

· Department for Business, Innovation and Skills

 

· Esmée Fairbairn Foundation

 

· Experian

 

· Finance & Leasing Association

 

· HM Treasury

 

· HSBC Bank plc

 

· Insolvency Service

 

· Lloyds Banking Group plc

 

· Ministry of Justice

 

· Money Advice Service

 

· National Australia Bank Group

 

· Nationwide Building Society

 

· npower

 

· Optima Legal

 

· Payplan Ltd

 

· Provident Financial

 

· Santander

 

· SSE

 

· Scottish Government

 

· Standard Life

 

· Swift Advances plc

 

· The Royal Bank of Scotland Group

 

· Wescot Credit Services

 

· Wessex Water

 

· Yorkshire Building Society

 

 

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  • 2 weeks later...

The consultation has been promised for a long time. The government would like to take credit for it but the truth is Europe is bringing in tighter controls on the market which it is forcing the UK to adopt. These rules come into place next year and one of the things it will do is bring second charge lending truly under the banner of mortgages, probably one of the reasons Swift don't go for the jugular as readily now. The consultation is based around how to implement the changes and knowing the government how to sideline some. Till the consultation is over nobody knows how it is going to relate to consumers past or present, so like normal there are hopes on the skyline but how far the skyline is nobody knows.

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