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    • Post #9 suggested some options to avoid or put off having a smart meter. Post #12 a simple solution to your complaint about the ay they handle fixed monthly DD. It's not really clear why you posted if you're going get irate when members "jump in" with suggestions. You can see what I'm referring to on "gasracker.uk" to allay your suspicion that I was lying in Post #16 which was made to correct ther misinformation shown in your Post #15
    • Back to octopus from the smart meter/tariff salesperson. Octopus have now said just ignore the letter - I dont have to have one despite there letter implying (at least) it was required, but that i will HAVE to have a smart meter if current meters stop working as 'their suppliers dont supply non smart meters any more'. They also say they do not/will not disable any smart functionality when they fit a smart meter I am of course going to challenge that. Thats their choice of meter fitter/supplier problem not mine
    • Point taken that we should inform new Caggers that the £20 option is there in wrong registration cases.  Well, supposedly there, who knows what the PPCs would do in practice.  Anyway, the option is allegedly there with both the BPA as you say, but also the IPC (I've just checked). However, there's a danger here of baby, bathwater. The two easiest types of cases to win are (a) residential - due to Supremacy of Contract and (b) wrong registration - due to "de minimis".  Indeed until recently we has been boasting that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing. We simply can do nothing about a terrible judge.  The judge seems - I say seems because we haven't had all the details - to have ignored "de minimis",. got fixated on a sign and awarded unreasonable behaviour costs.  A totally bizarre judgement.
    • You mean your witness statement 
    • That may be your personal claimed experience I said i didn't want smart meters - you jumped in to recommend smart meters I quite clearly indicated I was happy with being in credit to maintain constant payments - you suggest paying what I owe every month I quite clearly indicated I was happy with being in credit to maintain constant payments - you suggest a variable tariff - even if its one that only varies on a daily basis rather than half/hourly - with prices higher in winter when you need it and lowest in summer when you need it least   politeness ends with: - I'm NOT interested in any smart tariff I see, You are pushing your smart meter + variable tariffs in the wrong place - try pushing them somewhere 'nearer to home'  
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    • We have finally managed to obtain the transcript of this case.

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Swift after repo on £30k debt of which +£12k is charges +£2k is PPI!!


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Did you give your statement to the judge ?

 

yes i did Ell

got there early and the usher put it in my file

 

i think the judge must have gone through it thats why he asked swift to produce evidence regarding what regulation is used towards adding these charges

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Very well done sofi, all we have done is give you the correct info to fire back, dont forget it was you that went into that court room.

 

I would very much doubt that swift will come up with what has been ordered of them but you carry on as though they will be able to, regardless of whether they actually can or not.

 

What you want at the next hearing is for the claim to be dismissed and any charge on your property removed, thats your goal.

 

Need any help, we are right here.

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PPI is nothing to do with Swift, You will have to approach the broker that set up the loan, if they are no longer trading then you can make your complaint/claim to the financial services compensation scheme (FSCS) The PPi part of all this is the easiest part in my experience.

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do the spreadsheets and FOS CQ first

and then a simple covering letter.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I think i would be tempted to make it all part of a counterclaim with swift, to blow their ridiculous claim out of the water

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You don't need a good civil solicitor, they will charge a lot and possibly take a large percentage of any fees you manage to reclaim from Swift in the process.

 

We can help you build a solid case against Swift - as has already been proven.

 

Also I would forgo the services of the duty advisor next time as clearly they were out of their depth with your case as it wasn't an 'open and shut' repossession case.

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I think i would be tempted to make it all part of a counterclaim with swift, to blow their ridiculous claim out of the water

 

how do i do that

 

sory 4 late response....nt been well

 

You don't need a good civil solicitor, they will charge a lot and possibly take a large percentage of any fees you manage to reclaim from Swift in the process.

 

We can help you build a solid case against Swift - as has already been proven.

 

Also I would forgo the services of the duty advisor next time as clearly they were out of their depth with your case as it wasn't an 'open and shut' repossession case.

 

all help and advice would be great

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Morning Sofi, see CPR 20.4 making a counterclaim against a claimant

 

Andyorch is best paced to advise on exact procedure

Edited by martin2006

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Go online and google Civil Procedure Rules, find the gov.uk version and have a look, They are the rules when using the courts service.

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If it were me i would use the spreadsheets and counterclaim the unlawful charges and mis sold ppi.

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Hi Sofi, just double checking procedure for you, will b back soon

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Counterclaim using an N244 and attach the counterclaim to it

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Personally i would do it asap, a judge may decide not to look at it at all if its left to the day.

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  • 2 weeks later...

Just received the new witness statement that swift have provided to the court..

.so confusing but

 

they are stating that under the T&Cs of the cosumer credit agreement it states that if you dont make your monthly payment when its due then they are allowed to make charges for all letters sent and phone calls made etc

 

not sure what to do now....really need some help but not sure who to ask

 

Actuarial balance in inception: £12825.00

Plus Simple Interest : £3526.74

Plus Compound Interest: £22902.24

Plus Disbursements and Charges: £12999.55

 

total: £52253.53

 

Minus Monies Recieved: £23012.75

Plus Bounced Cheques: £1283.86

 

Total: £ 21728.89

 

Curren Acturaial Balance: £30524.64

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load of ole twaddlw

 

whats in any T&C's can be challenged

hence all the bank charges reclaiming 10yrs ago and the PPI reclaiming.

 

the FCA are clearly down on record as stating any PENALTY charges whatever the level - are UNLAWFUL.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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