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    • If you are buying a used car – you need to read this survival guide.
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    • 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.

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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
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Swift advances delayed repo on secured loan absolutely excessive charges


Catlady66
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Took out a secured £12k loan in October 2007 over a 10 year period.

Please note I didn't want to take out the loan but had no choice if I wanted a quiet life as at the time I was in a controlled marriage ..mostly mental with some physical abuse resulting depression, anxiety and panic attacks .

 

The 10 year loan gives 120 months worth of payments out of these 120 months I made 107 payments on time and 13 missed payments

these were down to my so called husband taking the money out of my wages in the bank to pay loan and saying would put back to pay but never did ...

with my depression and my husband controlling my money I worked but had to ask him if I needed money

 

all debts he ran up were in my name and l developed a serious problem with opening letters as they were always for his debt and I didn't have the money to pay them as all my wages had to stay in bank... I have unopened letters hidden around my home going back at least 15 years ...

 

Getting back to the lovely swift advances

due to not opening letters I found out that swift had taken me to court for the missed payments and because I had no idea they had been given the repossession order . .

 

My daughter for whatever reason as she never ever had before opened a letter

last Tuesday 3rd April from a company called R & K and it said they would be coming to our home on the 11th April which was yesterday to remove us and change locks ...

 

I immediately contacted this company and they told me I needed to contact swift as they were only ones who could tell them not to come out on the 11th ...

on contacting swift they said my loan had came to it's 10 year end on October last year but I had the 13 missed payments as arrears which when I add them up come to £2,600, when swift add them up it comes to £18k and they wanted that as a one off payment to stop taking my home ...

 

in the past few days I asked them to consider me paying £300 A month to clear the ridiculous amount and I also asked if they would reduce the amount to a more reasonable amount and I would see if I could get the funds from family and friends and make a one off payment

they said they would have to ask management/directors the following morning and get back to me later that day which was Monday this week ...

 

I spoke to them after work on Monday and they advised I had been turned down on both of my requests and only option was paying the full £18k ..

.they also informed me that they had postponed the date to take the house from 11th April to the 14th May to give me time to try and sort out the payment ...

 

I also found out that they had actually turned up at my house in February to take house but my dog was in house barking so they cancelled it and charged me over a £100 for that ...

 

my daughter was home that day she also has mental health problems worse than mine having had a mental breakdown at age 13 due to her father's behaviour ...

 

the day they came out bearing in mind I didn't know anything about this happening due to unopened letters

my daughter rang me frantic at work saying a van was outside house and men in garden outside our home...

I asked her for name on van and googled it but it didn't give me any idea what it was about ...

 

I am now taking on the fight of my life to save our home as my daughter sees this as her safe place since her breakdown and she is now starting to show signs of shutting down again and I can't let that happen to her...

 

any advice woukd be most appreciated ..

 

. Thank you in advance

Edited by dx100uk
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first thing is too send swift an sar

get all the info they hold on you.

 

are you indicating that they might have gotten a repossession order?

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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Hi ... sorry what is an SAR ...

 

they have sent me a copy of the agreement I signed in 2007 when I took out the loan....

 

they have sent me a list of all payments made by myself and all charges they have made against me...

 

I haven't added them up but they don't look like they add up to £18,000..

 

The letter off the company R&K who are acting on their behalf says

 

Possession proceedings

 

That R&K have received notice from county court that an eviction appointment has been listed for 11th April at 12pm

 

Aw I've clicked SAR will get that done today thank you

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appointment with who and where so you are being Evicted?

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

So where is this £18k coming from if you've paid the loan off?

What were you told to pay by the judge at the repo hearing that caused it's suspension before?

Or you simply ignore everything??

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

The loan came to an end in October last year with me having 13 missed payments out of 120 payments over the 10 year length of the loan

 

A further 2 payments have been made so now owing 11 payments and this has now been added up to £18000

 

I have had 2 different reasons how this amount came about the first was that when the loan ended there was then a lump sum then became payable this came as a total shock to me as I had no idea I believed when taking the loan out that the last payment at the end of the loan would be the end of it.

 

The second reason given was after I mentioned the ombudsman and it was then interest and charges accrued on the missing payments

 

Unfortunately due to depression anxiety panic attacks over the past 34 years brought on by a controlled marriage with mental and some physical abuse I couldn't cope with letters and have not opened any letters for those years.

 

My so called husband was clever in running up all debts in my name I didn't want the loan I had no choice and really hoped they would turn me down but they didnt.

 

When I found out a few year back that I had been declared bankrupt over 2 credit card debts again his doing he seemed satisfied that I was sinking in debt and happily left home to start his new life with the current woman at that time and he now has a lovely life with fancy cars and luxury holidays... must be nice I just live a simple life but want to do that in my home

 

I didn't even want the mortgage on my home and tried to pull out but he wouldn't allow that my home was £16,000 to buy but he wanted extra so it ended up being a £35,000 mortgage he then spent the extra and got me to get a loan out with ocean finance I was struggling with the 2 payments so 're mortgaged after 3 years and put the loan in to that to make 1 payment my mortgage was now £70,000 when the extra money on that was gone he then got me to get the loan with Swift

 

The missing payment with Swift are down to him not me taking money out of my wages in bank knowing full well payments were due out

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scan up the swift agreement and all its statements you have please

read upload ONE multipage PDF please ONLY.

 

also can you answer this please :

What were you told to pay by the judge at the repo hearing that caused it's suspension before?

Or you simply ignore everything??

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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good spot, must have been another thread I was working on or reading to gain knowledge..

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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:lol:

read my mind I did go check too again!!

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 I will have the agreement and statements uploaded to here in the morning needed to blackout personal details i.e name address etc.

 

I have never been to court for any hearings as I explained I haven't been able to open any letters addressed to me for years due to depression, anxiety and panic attacks.

 

The company working on behalf of swift who cone out and change locks have already been out in February to take house but I was totally unaware of this happening and my dog was home tgey heard him barking so cancelled it that day and swift have kindly charged me £142 for this and then the court gave them a new date of 11th April which thank god due to my daughter finding the strength to open a letter on the 3rd April we found out about and I had to contact swift and they have now postponed taking my home until the 14th May unless I can pay £18,700 by that date

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I'm mindful of their 14th May stated CL 66 so keep CAG updated, i.e probs with uploading docs to this thread if you have them. Helpers can then help. Hopefully SAR request sent off.

 

I believe from the account of your family life, there are mitigating circumstances to take into consideration. I would hope a Judge would want to find a solution with Swift so you can keep your home.

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Thank you Determindator

 

All docs will be uploaded on here in the morning without fail.

 

I am currently as I write this completing my sar which will be in post in the morning also without fail.

 

My only problem is that swift told me to contact the court to have the possession suspended,

 

I posted a form N244 with a covering letter detailing my personal circumstances into the courts letterbox last Monday morning only to have it returned to me in post on Saturday as I was unaware I also needed to pay £255 to the court with the form to get a date for a hearing,

 

at this moment in time I do not have £255,

so how can I go to court and ask them to listen to my personal circumstances into why this has all happened and ask for their help

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are you on benefits if so use ex160 etc??

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

Yeah I could get the fee but it will be at the end of this month 2 weeks before they going to come and remove me and my daughter,

 

I'm scared that it will be to late to stop them that's why I filled in the form and posted it in the courts letter box myself at half 7 last Monday morning to make sure it was done in plenty of time as I don't know how long courts need in advance to give a date for a hearing and the loan people panicked me saying haven't got time to waste.

 

Dx100uk I work full time havin a job is the only reason I haven't given up after all these years as I have to force myself to get up 5 morning's a week to go to work as I know if I don't then I won't be able to pay my mortgage and bills and that would have even worse consequences.

 

I can't even afford to be off sick so I am never off as I know that if I was even for 1 day it would be hard for me to go back to work.

Edited by dx100uk
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Your loan is under £25000 and I think a good idea to go to your local CAB with your agreement and any other docs you have to clarify your position

 

You can ring in morn and tell them you need to see them quickly as threatened with repossession. At this stage I feel do this first and the situation will be more clear as to the best course of action next.

 

Did you manage to contact the CAB today CL66?

 

Please upload your agreeement asap omitting personal details.

 

You could ring Swift and ask them to send a statement from the start of the loan whilst waiting for the SAR.

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Agreement attached

 

I applied online on Tuesday night to CAB gave all details that I have put on here and it said will get reply in 48 hours but nothing yet I will ring CAB tomorrow and give details and ask for appointment as a matter of urgency.

 

I have a payment history and a charges history that swift sent to me.

 

Just to add insult to injury I got home after work yesterday to a letter from them telling me my account was in arrears and if I needed help to contact them .... they not interested in helping but that will be another charge added on to my account for sending me a letter out telling me something I am now well aware of now.

20180419150128340.pdf

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It's regulated CCA 1974 so a good start. Will need a visit to CAB to keep momentum going no delays. That's good you have a payment history showing charges taken by Swift which needs to be scrutinised. What is the sum of the charges?

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so theres PPI to reclaim there too as well as all the penalty charges .

 

dx

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

Please see attached charges list they sent me.... I really can't take it in my heads just all over the place with everything

 

I will definately ring CAB in the morning and I have all the stuff swift have sent me since 4 th April with me in my bag all time so can go see them at short notice as well

 

Yeah they gave me a number for Stirling insurance as I asked about claiming ppi

 

I rang Stirling last Saturday morning they took my details and said would send letter out in post about claim for PPI

 

I have not received anything from them yet

20180419150152547.pdf

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how many times have they litigated or tried to litigate against you and each date please

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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