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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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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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. Secured Loan Charges reclaim


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Sparkie...thanks for the reply. See attached.

 

Sorry, the interest was firstly 12.99%, then increased to 13.59% a month after contract agreement!!. Letter for this I still have.

In the Key Financial Infomation but it says 18.1% Apr (variable) over 10 years. So I take it this figure is the apr on the payments, and the 13.59% is the interest on the interest (!)and fees?

 

Sorry about the confusion, I hope this clears it up.

 

 

That's OK mate

 

The fact still remains that the APR stated on your agrement is incorrectly stated it should be shown as the correct figure of 23.9% APR variable....Regulations state that the tolerance admissable is 0.1% ...SWift are in trouble with your MUms loan in my opinion .......but I have been known to be wrong .....often!!! Get other views on it

 

Another point to note is that there are TWO inteest rates showing on this agreement ..again back to our Mr White he said under oath at my hearing that it would be more confusing to the borrower if different rates of interest were to be shown on Consumer Credit agreements ....I have that in my judgement summary.........the man is a confused liar.

sparkie

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Thanks mate. Yes, if anyone could have a quick gander at this for a second op, I would be most grateful. If it is the case that we can have a pop at these asses, then, fantastic. I will then obviously be another fighting against these thieves.

The interest rates: YES, it is confusing. Am I right in assuming that the one rate is the interest on the repayments, and the other is interest rate for the interest on the original amount?? If so, then they are charging Interest, on interest on interest (ad infinitum). .....Gaaaah...see I AM confused.....

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Thanks mate. Yes, if anyone could have a quick gander at this for a second op, I would be most grateful. If it is the case that we can have a pop at these asses, then, fantastic. I will then obviously be another fighting against these thieves.

The interest rates: YES, it is confusing. Am I right in assuming that the one rate is the interest on the repayments, and the other is interest rate for the interest on the original amount?? If so, then they are charging Interest, on interest on interest (ad infinitum). .....Gaaaah...see I AM confused.....

 

Exactly you will be confused ....and you will have Mark Whites statement that it is and would be confusing.

Game set and match on this particular point in my view.

 

sparkie

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Have had good advice to wait for Swift to attempt to take us back to Court ....and then hit them with the CPR 31.16 application......see what a legal mind can come up with.

Its in their court now....barrister said just lets see how good a poker player they are ......are they willing to go down the road where I have got the sides peppered with road side bombs.

 

sparkie

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If so then perhaps we should use it to get as many brokers to jump ship like the rats they are, maybe then these little swifties will have only one direction to head this winter and that's south. :-)

 

 

The way this could be logicaly argued is that the Brokers ...Swifts Agents do not disclose that they receive large amounts of commission ....is because of the fact that Mark White says in every court case when asked about commission ...that they do not pay any commission at all only a £100 documentary fee...........brokers would be proving that he lies under oath if they did say they get commission as well....anyway we now have that documentary proof ..so he is in the mire up to his kneck.

 

THat's where the Fraud Act can Hit these broker Agents and why Mark White actuall does lie in Court its the domino effect if one of them suddenly changes direction......it will be the brokers that you have to get at ...the more that can extract this info from their broker the harder Mark White falls and does some serious time.

 

sparkie

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Hi Sparkie,

Can you explain when the different versions of the CPR are used.

ie

- what is used before legal action has started?

 

- during legal action etc?

 

regards

 

sunray

 

HI sunray

Can you be more precise as to what you are trying to find out

 

sparkie

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Durham Police Fraud Squads take on False accounting

 

 

False Accounting

 

The main aim of false accounting is to present the results and affairs of an organisation in a better light than the reality of the situation. The reasons for doing this can be as varied as the ways in which it is achieved.

The reasons may include by way of examples:

To obtain more finance from a bank

To raise the share price either for personal gain or for the company to acquire another through a share issue.

To attract customers by appearing to be more successful than you are.

To get performance related bonuses, which you otherwise would not be entitled to

To cover up a theft such as manipulating of the book reconciliation to cover the fact that cash has been stolen.

To improve results over the year-end to mislead auditors.

To hide losses and avoid the inevitable.

Frequently there are commercial pressures to report an unrealistic level of earnings that can take precedence over control systems designed and put in place to prevent fraud occurring.

Whatever the purpose of this type of fraud the feature to all cases is the need to falsify records, alter figures or perhaps keep two sets of books. In every instance it is only a matter of time before you arrive at the situation where the hole cannot be hidden any more and the offenders will be found out and brought to justice.

 

 

A little tip for Swift.......... take note of the heavy print;)

sparkie

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Can the fraud act be used against the lying **** brokers who act for swift?

My brokers, Regency went bust though I know the name of the man who sold me my agreement charged an application fee. This is something it says in FISA's booklet they do not do. Can I get the man personally?

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My brokers, Regency went bust though I know the name of the man who sold me my agreement charged an application fee. This is something it says in FISA's booklet they do not do. Can I get the man personally?

 

 

HI overdone even though the company has gone bust you can still sue the ex Directors personally for Fraud or any other criminal offence committed while they were in office as directors.

in any event the "cookie" can still fall back onto Swift as we can now prove they were also more than likely agents of Swift as well as brokers for other clients;-)

 

sparkie

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HI overdone even though the company has gone bust you can still sue the ex Directors personally for Fraud or any other criminal offence committed while they were in office as directors.

in any event the "cookie" can still fall back onto Swift as we can now prove they were also more than likely agents of Swift as well as brokers for other clients;-)

 

sparkie

Probably be defended as clerical error. They got £99.00 deposit and £285.00 full fee as well, instead of just the outstanding balance. My solicitors did not pick up on it either. The best part of £400.00. I'm glad they went bust.

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Hi,

Is a broker obliged to give you the cheapest loan they can find?

 

Correct.......They are obliged to look for the cheapest deal that is in your best interests ...........but they seldom do they go for the one that gives THEM the best commission.

 

sparkie

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Hi Sparkie,

 

Nothing Specific. I am just not sure about when and where.

ie

Do you use cpr 31.14 for instance when legal action comences.

Can you use cpr 31.16 for information before legal action commences.

 

just a general question about using CPR.

 

 

regards

 

Have a good read of this....all about CPR 31

 

sparkie

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

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@ sparkie. I have used the following site to calculate my mums apr:

 

Financial Annual Percentage Rate Calculator

 

I know its American, but presumably it makes no difference about the currency?

 

I put in:

 

Loan amount = £5,000

Extra costs = £5,342.80 (based on the "other financial information boxes" on the agreement)

Interest rate = 13.59%

No. of months = 120

 

The APR came out as: 36.93%

 

Question: Have I inputted the correct figures based on the agreement you had a look at, and if so and the calculator is right on this site, I can then write to them and tell them that I think the agreement is unenforceable due to incorrect statements and figures?

Is there a template knocking around for this?

 

Soz for the questions, but I need to get these *EDIT* by the *EDIT*. My mum is 70 years old and I dont want the hassle for her. She only got the loan to put in disability equipment.

Thanks.

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All,

 

 

One question: even if Sparkie/the NI boys get the result they want, and we do end up posting sponge cakes with files in them to Mr.White & Co care of Her Majesty's pleasure, will this impact existing customers still lumbered with punitive interest rates and settlement figures?

 

 

Apologies for repeating myself, but the answer to this question is really important to me and Isuspect many others; can anyone comment please?

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