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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
      • 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
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Swift advances delayed repo on secured loan absolutely excessive charges


Catlady66
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I would really like to supply that info but I totally have no idea sorry as I have only found the strength to open letters and even then I am having to force myself to do it a lot of the time I walk away from them for a while but eventually make myself open them

 

I have another list of payments or charges not sure if it will day on there

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the sar will tell us everything

 

anything to date you have redact and scan up.

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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yes worth £1000's for their age and int rate.

 

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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  • 2 weeks later...

Hi Determindator

What are the letters they sending out ???

 

I went to a 10 minute hearing at court last Friday... judge suspended order for 2 months and I confirmed I would pay £300 a month the amount I was proposing 2 clear any debt owed to swift until the next court hearing which will be an hour long

 

They received their 1st £300 by direct debit yesterday

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Hi to you CL66. Glad to get news from you. Just general letters to some borrowers who are not clearing the loan debt. You may not receive this letter.

 

Can you tell us what's happened after I suggested a visit to the CAB. The last we heard was you had a hearing on the 14th May.

 

I can see CL66 signed into this thread but not showing as signed in bottom of home page.

 

We would like to know also your progress as you prepare your evidence and WS so if help needed there's plenty of time for helpers to assist.

 

It's magic! I see you on home page now CL66!

 

Hope we hear from you.

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Rang CAB the next day after you advised they were all positive on the phone ... I advised need an appt she asked why I explained my whole situation and she was all positive and yeah we can def help you with that you don't need an appt I just need to transfer you through to someone who can help

 

She proceeded to transfer me to national debtline and yeah after talking to them I might aswell of locked my front door and posted the key through letterbox and never went back

 

Really disappointed with CAB

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It's a shame your CAB has not come up to your expectations but it's not usual and maybe because of their particular resources.

 

The idea is to get an appointment to see an advisor

 

The experiences I know of from others is of immense help and support.

 

That aside, it would be good for others to know how you got to where you are now i.e how did your 10 min hearing get organised.

 

Just reading back, not a hearing 14th May but was a date Swift gave as ultimatum.

 

Glad you got your hearing before that CL66 and you have time to breath and focus after all you've gone through.

Edited by dx100uk
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  • 1 month later...

Hi

not been on here for a while had a lot to deal with and try to keep it together but I was back in court on Friday and the judge awarded me the time order I requested to keep my home so relieved for myself and my daughter

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well done!

 

now comes the big slog in getting that PPI reclaimed and al the unlawful penalty charges.

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

ombudsman decided only £700 was unlawful so that's what swift took off the amount

 

I now have a complaint in with the ombudsman who investigated these unlawful charges

 

Swift surprise surprise turned down my ppi claim only refunding the £700 commission they put on it then after refunding it a week later charged me £700 in solicitors fees nice of them.

 

The judge instructed Swifts solicitor 2 go back and tell swift to get the ppi refund sorted before we go back before the samr judge in 3 months time

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ok lets make sure we get the spreadsheet right then..

though you are saying you got the commission back? - plevin ruling ?

if so you cant have both AFIAK.

 

what about all the other sols fees previously you mentioned...was there a court case each time they charged them?

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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sorry what is AFIAK ???

 

The judge was shocked to learn that a £10,000 loan taken out nearly 11 year ago that up to date I have paid swift £25,000 and that the £3,300 arrears they say I owe have now increased to £18,000.

 

The judge wanted to reduce the amount owing there and then but he doesn't have that jurisdiction as pointed out by Swifts solicitor.

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really? he did..

AFAIK = As Far As I Know

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 judge reduced the interest they want me to pay on the £18,000 from 13.4% to 7%

 

Swift instructed their solicitor no lower than 7% or they will lose money

 

lose money really they have made more than enough from me.

 

Swift also want me to pay it back at £500 a month.

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what about all the other sols fees previously you mentioned...was there a court case each time they charged them?

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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