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    • Doc 04-19-2024 11-01-51-merged-compressed.pdf good morning.    9 pages attached.    thank you  UCM
    • Hi I was being supplied my ovo after unknowingly being swapped from SSE.  My issues began when we had a smart meter fitted and our bills almost doubled overnight - we at the time assumed we were just paying not enough until then and just continued to pay the excess bills each. Month.    I would from time to time contact ovo and get faced with a call centre on South Africa of the most rude agents who would just hang up after hours of wait and I could not even get an acknowledgement of an issue with my meter.  At one point we were not in the property for like 4 months and the bills were coming just as high!  It was at this point I was sure something is not right and ovo only care to send bailiffs and started threatening us with a pay as you go meter despite me taking out a 3.5k loan to pay of my outstanding balance.  Around 1600 each on both gas and electricity.  This is where its gets really bad -  the very same day they sent me out a new bill saying the money paid already was only to cover up until the November previous and because its now Feb we owe another 1k.   By that August this had risen to over 3k and I still couldn't get anyone to even acknowledge a fault let alone fix it.    In despair I tried to swap suppliers and to my surprise octopus accepted us because even tho the debt is owed we are trying deal with.  During our time with them the bill was coming only on my wife's name as I was responsible for other bills and she this one - now that we owe them 3k they have magically started adding my name as well as my wife's to the same debt to apply double pressure and its showing on my experiwn report now with a question mark and 2700 showing in grey -  This was my wife's debt which we dispute we owe yet the have now sent me letter with both our names on from oriel and past due credit debt agencies - is this illegal and how can I get them to take my. Name of this and leave on wife's name as its so unfair they give us a both a defualt for wife's debt which we dispute anyway.    In the end about 3 weeks ago I wrote an email to their ceo and rishi sunak and low and behold for the first time in our history with ovo someone who spoke English contacted us and said she will look into our claim.    I explained to her that we feel our meter is faulty and despite me contacting them using WhatsApp email and phone I still have not got anyone to acknowledge a fault even. And that I dispute I Owe anything as my son was in hospital for 3 months and we stayed with him so house was empty and still. They were sending us super sized bills more than when we started at home.  She promised to investigate and a few days later replied that she is sorry for the poor customer service and offered us £50 compensation - however she also. Mentioned that she's attached statements for us confirming the payment for 3k I made was only up until Nov and in Feb despite me pay 3.5k nearly it's correct for them to bill. Me. Another £900 the very same day and she did not agree our meter was faulty and therfore the debt stands and she will not be calling it bcak from past due credit.  During my time with my new supplier post ovo, octopus I requested tehy check my. Meters because I felt they were faulty and over charging me and I got excellent response asking me for further details which I supplied and I got a. Response bcak within days to say my meter was indeed faulty and octopus have now remotely repaired it.   I then contacted the energy ombudsman and explained my situation how she at ovo tried to fob me off and demand I apy money we don't feel we owe due to faulty equipment we reported but ovo had to process or mechanism to deal with it or lodge complaint even without having to cc their ceo and our pm. And now I feel sick to think both husband and wife will get a 6  year default for debt which have a validity of a questionable nature.    I explained all this to the energy ombudsman and they accepted my case and I explained to them that my new supplier found my fault which ovo refueed to accept - I've uploaded the email from new supplier to ombudsman showing we had a fault.    My. Question is is there anything I can upload in defence of my case to ombudsman before they decide outcome ina few weeks    All advice greatly appreciated not only would I like advice on how to clear this debt but also how I can pursue ovo for compensation and deterrence for the future.  Thansk 
    • Thanks for the reply dubai 50 - if the statute is 10 years it has long passed - if it is 15 years i havea few months left. i shall ignore until it gets serious  An update - - I sent the letter to the bank in Dubai ( I did get delivery confirmation from Royal Mail)   - I have moved to a new address ( this is the address i gave to the bank in dubai)  - IDR are continuing to send Letters to the old address, which leads me to believe they are not in contact with the bank at all. - i have not replied to any correspondence digital or hard as they are non threatening ( as of yet).        
    • Your topic title was altered last June 23 by the owner of this forum in the interests of the forum Anyway well done on your result and concluding your topic, title updated.   Andy   .
    • So what    Why ? Consent Order/ Confidentiality ? This would be be invaluable to followers of your topic.  
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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.

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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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I have also got an e-mail letterfrom John Webster the CEO of Swift that Swift have a..."Panel of Brokers" this means that they have a list of Agents..............White said in Court that they only accept appications from Brokers.who are not their agents

Question .............why would Swift keep a panel list of Brokers????

 

Here we have the CEO of Swift dropping Mark White further in the MIRE.

 

In another e-mail from JOhn Webster AFTER White had stated under oath that Swift do not pay commission...........Mr Webster said they do.

 

Mark White is off to Prison I think!!!...................he can't claim he made a mistake as he has said the same in other courts

 

sparkie

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Another point and submission I will be making to the Court if my argument is not accepted for “strike out”.

 

I will ask the Court to adjourn the application Hearing until after the Lads hearing In The High Court in N. Ireland, as their cases are so similar to mine…….the outcome of this hearing will have consequent bearing on my case.

 

I will ask the Court and claim that as a free man of this country I have the right to a fair hearing and a right to justice.

 

That cannot be achieved when the Court is told deliberate known false hoods by the witness of the other side and that these falsehoods will be proved or disproved in the High Court. Senior Management of Swift will be subpoenaed to N. Ireland to answer questions that they do not know what they are and will not until they are in the witness box.

 

But I can tell folks they are absolute belters

 

 

One of these questions will have a substantial impact on my case and that is ( whoever this senior person is )..I do not know for certain I think it may be the CEO himself along with another Director I will not name at present.

 

“They” will be asked, and reminded that they are under oath if in their position in the company, and the position of Mr Mark White Senior Risk manager, who in his statement of truth said he has worked for Swift for 15 years, and who has shares in Swift, that as it is clearly stated in their Company accounts signed by Mr Webster that millions of pounds were paid in commission to agents.

 

In their opinion and/or knowledge taking into consideration their position and Mr Whites position would he ? Did he know? that Swift paid this vast amount of commission, when he stood up in Court and denied that they do under oath?

Yes or No??

 

If they say YES ……which they will have to……because Mr White underwrites a great majority of these loans . …….. Mr White is in serious bother.

 

Furthermore Mr Falkowski would more likely than not have also known about it all……….He has been acting for Swift for a long time and if we can find out about all this …it was/is his duty to have found out about it.

 

I can also throw more than a little bit of doubt onto Mr Paynes ( solicitor)statement in his involvement in the intial application statement of truth signed by him.

 

 

PS ..........e-mail to Mr Falkowski has been read 4 times already

 

 

sparkie

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This has gone to Swift

 

 

Swift Advances Plc V Ourselves

 

Claim No 8PB55992

 

 

 

Dear Sirs,

 

We are in receipt of notification that Swift Advances Plc will again attempt to possess our property, this will be defended even more fiercely than the previous one.

 

As the hearing is due to be heard on 3rd December 2009, as a courtesy I supply you with a copy of our Defence in these coming proceedings.

 

The Defence document is attached to this e-mail letter, it gives you enough time to respond to it.

 

The person who has been searching the Consumer Action Group Website from Arcadia House who has been known to all members for a considerable time will have already extracted most of what is contained in this Defence, not all because it was incomplete.

 

It is now complete and attached.

 

 

Yours sincerely

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Has anyone got a copy of Swifts Tariff of charges?

Just been right through their Court Bundle Docs from last application and there was none in it ...we never got one so if some one has them would like a copy so that I can compare them with Gmacs.............also never got a copy of that Fisa booklet either.

 

sparkie

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JUst took this from theweb site below ...this bit is a laugh............At the rate Swift are going in N.Irelend alone they'll beat this total on their own...and what about the bit about interest rates...the more they fall the more Swift put them up...................all will be revealed in Court soon, I'm just a little bit more clued up than last time.........What you can learn in 12 months ???;)

 

"The CML also slashed its forecast for total repossessions for 2009 by a third to 48,000, due to a combination of low interest rates, Government schemes and lender forbearance helping people struggling with their mortgages to stay in their homes".

 

Government home reposession move - AOL Money

 

sparkie

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The last e-mail I sent to Damien Falkowski ...Swifts Barrister has now been read 7 Times .......by Hell these Barristers must work hard on a Sunday??;):D

 

The lads from N. Irelnd are sending me another bit of info they are coming into possession of tomorrow to use in my Defence.........mind blowing from what they tell me............their Barrister has got even a bigger grin on his face.

 

sparkie

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Even doing a very quick comparison on some of Swift Tariffs with Gmacs who were deemed extortionate by the FSA

Here are some of them

Gmac Arrears fee £50

Swift

First time £250

Second time £110

Plus every month after £ 70

Plus another monthly fee £30

Gmac

Redemption Fee £135

Swift

£250

Gmac

Part Equity Sale fee £100

Swift

£290

Gmac

Second Charge consent fee £25

Swift

£ 75

 

These are just a few if the FSA thought Gmacs were bad Let them have a look at Swifts

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Sparkie you're a mine of information.....As for Swifts charges and interest rates!....I think they've been charging whatever they can get away with. I've had my loan for over seven years and the interest rate has only ever gone up:mad: Keep up the pressure and I'm sure they'll crack!

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Sparkie you're a mine of information.....As for Swifts charges and interest rates!....I think they've been charging whatever they can get away with. I've had my loan for over seven years and the interest rate has only ever gone up:mad: Keep up the pressure and I'm sure they'll crack!

 

 

Hi Appollo,

 

I have one customers account showing over £9000 in charges in just over 3 years..they are just absolute robbing ....:mad:"Baskets"

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As my last final shot at Swift for the moment I have just sent this to Mr Webster.

 

sparkie

 

 

 

Without Prejudice or Malice

 

Dear Mr Webster ,

 

You may or not know that Swift have applied for re instatement of possession proceedings, this is for application haring on 3rd December 2009

You will recall that I advised you and Mr White of what he said under oath that "Swift do not pay commission as such only a documentary fee of £ 100....I emphasise he said do not pay commission as such

 

He did not specify "on our agreement" in any shape or form of wording that can be construed in any other way than Swift does not pay commission.

 

After Mr White had stated this under oath..You informed me and admitted that from "time to time Swift do pay commission"....and then went onto say not on our agreement ( very subtle but not subtle enough I have evidence to the contrary)...... that "time to time" amounts to £19.2 Million pounds in your company's accounts.

 

He also said ( again under oath) that "Swift do not operate agencies", I have prima fascia evidence that Swift do operate agencies..and that they are given agency numbers by Swift Mr White knew this also, you yourself have hinted that you have agencies but have called them a "panel of brokers"

 

Mr White has told deliberate known lies in Court on more than one occasion ...and I can ...and will prove it in Court

 

I think it is in the best interests of Mr White that you begin coming clean on what is happening in your companies organisation before December 3rd .

 

I am no longer intimidated by Swift and their misconceived conception of monetary power.

 

Yours sincerely

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Another thing that everyone of Swifts customers can challenge under Section 140 the Unfair Relationship is not only their excessive charges ( as with Gmacs) the fact that they leave all their fees and charges “out of” their interest calculations for the actual agreement presentation on their unregulated agreements………………but they do include the charges in their interest calculation “outside the agreement”, the borrower is unaware of it unless they “find out about it”…….. most don’t ever find out about it because they have no idea where to find the calculators to do it for them, even when they do Swift use their position of power, and abuse it by not taking any notice of the borrowers protests.

 

Never mind the lads in N.Ireland have all this to put to the Court, and I most certainly will at our hearing

 

For example our agreement shows £43000 as the credit.

The interest rate at the start was 9.84%

Mark White stated in Court that this was the APR although he made a quick contradiction (un-noticed by me and the Judge at the time) that Swift are not obliged to state the APR. but they do show it as an APR to help the borrowers understand the interest rate.

 

But then they charge interest on those fees…this alters the APR ..and on our agreement should have been shown as 15.4% IF Mark White had been telling the truth

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Good Morning Sparkie,

May I make an obseration to you last post ?

Another thing that everyone of Swifts customers can challenge under Section 140 the Unfair Relationship

From personell expieance this has all ready been exploured by recomended solisitors of this site. The result was I was advised that the costs/charges would out wiegh what the potencial claim would be worth.

Are you sugessting doing this a different way ?

 

P.S. If there is a way to do this with out obsorbing high costs ( have repaid the loan now ) please PM me. I wold be more than happy to by you a drink/meal or something else to cover your time.

 

Regards

 

Swifteater.

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