Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
  • Our picks

    • 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
      • 160 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
        • Like

Swift advances


loner
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2550 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

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

Recommended Posts

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?

Link to post
Share on other sites

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

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

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.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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... 

Link to post
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.

Link to post
Share on other sites

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 !!

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

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

Link to post
Share on other sites

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... 

Link to post
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!!

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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%

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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?

Link to post
Share on other sites

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

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2550 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...