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    • An update to this case as I’ve not been on in a while.    I am still awaiting a charging decision in the case. The two police officers involved have said their personal belief is a section 47 ABH charge is the most likely outcome but this isn’t a sure thing of course.    The EA certificate from the issuing court has now lapsed. The court have refused to recertify him until they’ve had a hearing in to the case, and the district judge has issued orders to surrender all evidence, footage, photos etc.    I have done so promptly.    the EA, not so much . Equita have claimed they cannot provide his bodycam footage as the camera he was wearing is the EA personal one not one of theirs.   the EA has claimed he has asked Equita and the police for the footage as he claims he doesn’t have it.    the police have confirmed they didn’t seize his camera and they don’t have it.    so they are basically pointing the finger at each other all the while failing to comply with the district judges order to provide all evidence they intend to rely on at the rescheduled hearing.    The district judge has stated the hearing for his certification will NOT be the hearing for my complaint as there is no charge as of yet, and just as to whether he should be recertified or not.    I’m not 100% on why that can’t be done at the time, but I’m not about to question a judge…..      
    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
    • Please see my comments in orange within your post.
    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.   House or Flat? Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Again, points as above. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Redact and scan said evidence up for others to look at? Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. So this is dealt with then. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
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      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.

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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
        • Like

Swift advances


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In 2007 me and my then husband took out an additional secured loan on our property with swift in joint names for the amount of £10k the money was to do up the house.

 

 

In February 2007 the loan was granted to be paid back by Feb 2017

in the same year me and my husband split up which resulted in a divorce soon after.

I was left with a loan, mortgage and 3 very young children to bring up on my own.

 

I informed the company with the changes in my circumstances but was ignored

instead advised that I was liable for the full amount as I was the resident in the property in question.

 

As time went by I paid what I could afford, on many occasions falling into arrears.

With the help of family and friends I still managed to pay the out standing amount but could never catch up to the interest and charges put on the arrears.

 

It has now come to the point the contract is due to expire in February 2017

I have already paid the company a sum around £16/17k

but the company is demanding a further £24k and has placed a charge on the property.

No chance I have that kind of money to pay Swift.

 

I believe the company has been unjust and unfair.

They have made no attempts to chase my ex husband for the out standing amount.

I need to know if anyone thinks I may have a case?

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Do you have all the statements loner?

If not i would send a SAR to swift, dont forget to include a £10 postal order.

 

Your account will be littered with all sorts of charges which you can reclaim.

 

Search "swift" in the cag searchbar (red one at the top) for similar cases

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Hi Martin,

 

Sorry for the late reply.

Yes I have all the paper work including a copy of the original contract that has bot our signatures.

I have also noticed that each time I have requested for a redemption figure over the phone,I was advised that the figure can only be sent out in the post, this yet again came at a cost.

 

Every time they put pen to paper they have charged me bucket loads, I feel like im in quick sand and I keep sinking deep.

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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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Have a read of the link dx has posted above and then gonthrough your statements from day 1 and list all of the charges in our CISheet and post it up for us, then we can guide you through reclaimimg them all back, plus interest.

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hi dx100uk

 

Thank you for the link I have seen all that was written in the message but not yet clicked on the links. I can tell you from dealing with my case that I am in the region of £10,000 in charges and fees been applied to the loan.

I have now instructed a solicitor to have a look into my case and see if I am able to take swift to court.

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urm..they've no more clout that you or I

waste of money

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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Share on other sites

Hi dx100uk

 

I have now taken time to read the links and liked it very much,

 

 

in fact I was smiling thinking there may be yet hope for us all.

 

I have applied on line yesterday with the FSA, it could take 2/6 days for them to respond.

 

I know what you mean dx100uk

but I have exhausted all avenues when it comes to trying to resolve my matter with this company

they are not wiling to comply with no matter what my situation may be.

 

 

My property has 80% equity which I can see them sat rubbing their hands to get hold of.

 

I have searched and searched on this company and all the response I see if everyone failing to find a way out.

I want them to know that I will fight this with all my power and more, for my sanity and my kids.

 

:-xsorry to sound so emotional but for those who have dealt with companies like this in similar situations will know how I feel.

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If you can add up 10k in charges from the statements, then once you add in 8% stat interest from the date the fee was applies to present day, i think you will find the total will far outweigh what they claim you now owe.

 

If your a little more confident and can argue then it might be worthwhile looking at compound interest which would be the contractual rate you had on the loan.

 

Compound interest would leave them no doubt owing you money!!

 

And then theres the PPI, havent started with that yet !!

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the following shows on the contract

 

amount of credit; £9,000

 

monthly repayment; £146.67

 

number of repayment to be made; 120

 

16.4% APR variable

 

interest %7,475.40

 

brooker fee; £900

 

admin fee; £225.00

 

total charge for credit £8,600.40

 

at the rate of interest ; 12.24% variable

 

figures outstanding from September 2016 as follows; (taken from statement sent from swift)

 

payments due; £17,267.47

 

credits; £16,694.03

 

fees charged ; £9,344.32

 

arrears balance; £303.44

 

total owed balance; £19,167.04

 

hope this gives a more clear picture

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fees charged £9,344.32!!

 

 

and that's without interest too.

 

 

bingo!!

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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Share on other sites

I have asked the ombudsman to look into the PPI

 

i have bags and bags full of statements, letters and more that have been sent to me and in the name of my ex husband

not to mention the same letter then sent to both our names (what a joke)

and each time a letter is sent out there is a charge

so most likely they have charged e for all 3 same letters sent out!!

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There are two different apr percentage figures if you can make clear for us please.

 

 

Contact Swift to send you a letter showing the interest rate changes, if any, over the period of the loan.

 

 

It's usual they change them over the loan period.

 

 

You will need this info before completing a spread sheet.

 

 

In the same contact request a loan statement from the start of loan to present showing your payments and charges taken.

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Thank you determindator

 

I have the most latest statement stating all he figures paid from start until now but I don't have a letter stating what APR has been charged.

I will contact the company tomorrow to request this information.

This is so draining....

 

Thank you

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are you ok doing the spreadsheet?

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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Not only do swift charge you for sending you a letter, i think its about £33 a time, they also have the bare cheek to charge you to receive a letter from you aswell, unbelievable!!

 

If you are ok completing the spreadsheets you should be using an interest rate of 12.5%

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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dx100uk I shall be fine doing the spread sheet not a problem as long as I have all the info needed. And thank you everyone that has helped me so far .

dx100uk I don't think you have to be and expert but when your thrown into the deep end you end up learning so much more and see a new world.

I think the biggest fight can be forth with wit and determination. I have both even through I feel drained I have come so far not to lose but fight on....

 

And when you have good people on here like your self and others to guide and mentor you then it would be foolish of me not to take this matter the whole way and see it through. I might not win but least I would have given it my all.

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I will get on to the spread sheet tomorrow with a fresh head.

I will go through the last statement I received to date and put it al on the spread sheet.

Then work out the percentage charge for each charge and then a total percentage of charge to date and interest paid to date on the charge to date.

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What is the reason for this flat rate please Martin if the rate changes over time.

 

 

you have a point, would you advise I contact the company and ask for each charge and interest charged on each charge too?

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just a point

if you use the CISHEET here

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

 

all you have to do is put each PENALTY charge in individually

on its own line

then put the Int rate in cell D15

the sheet does the rest for you

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... 

Link to post
Share on other sites

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If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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