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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 
      • 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. Secured Loan Charges reclaim


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On the subject of the Banking Code, don't forget to bear in mind that it only applies to events prior to November 2009. The FSA took over regulation of deposit and payment products on 1 November 2009....

 

The Banking Code Standards Board is now called the Lending Standards Board (LSB)

 

http://www.lendingstandardsboard.org.uk/

 

And the Banking Code (were applicable to lending) has been replaced by the Lending Code

 

http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf

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As your loan is regulated by the FSA, you might want to take a read of the applicable section of the FSA Handbook

 

FSA Handbook - Full Handbook

 

Very good info you found there sue, I am sure many members will appreciate that as it will come in handy. I know my agreement is exempt and the unfair relationship route is a good way forward but one thing that has been niggling away at me after reading on another forum is, does a loan agreement have to contain the full amount repayable with interest on the agreement?

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On the subject of the Banking Code, don't forget to bear in mind that it only applies to events prior to November 2009. The FSA took over regulation of deposit and payment products on 1 November 2009....

 

The Banking Code Standards Board is now called the Lending Standards Board (LSB)

 

Lending Standards Board

 

And the Banking Code (were applicable to lending) has been replaced by the Lending Code

 

http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf

 

Thank you for the correction Suetonius...on the ball as usual:)

 

sparkie

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good to see the thread is back to normal folks.

some very good stuff up lately

makes them even more frightened to see the waves getting bigger,

keep er lit

pick up a penquin two systems for the price of one:?:

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Just a brief note folks to say I'm staying off the forum for a few weeks as I have not had a good time of late, things not gone to plan and I need a break. My wife's taken things hard too, but will fill you all in once I know what's happening. Good luck with your quests and thanks for your support to date. I'll be back.

 

Smarterchick

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Just thought I would post with an update following my meeting with 'credit guy.' He thinks I definitely have a very strong case for going down the 'mis-selling' route. We're going with a company called lawcom or lawcomm who will do a thorough audit of the agreement etc and judge of I have a case to pursue. It costs £295. If there is no case to pursure I'm refunded £250. If there is, they do so on my behalf so I'll know more once the audit is carried out. Have got to say I'm happy to pay the money to have an organisation in the know with these things handle it for me, there's so much info for me to grasp. At least if there's no case it's only cost me £45 to find out:) Will keep you posted. Credit guy said he knows only to well of Swift and their dodgy dealing......."tell me about it" I replied:D

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Just thought I would post with an update following my meeting with 'credit guy.' He thinks I definitely have a very strong case for going down the 'mis-selling' route. We're going with a company called lawcom or lawcomm who will do a thorough audit of the agreement etc and judge of I have a case to pursue. It costs £295. If there is no case to pursure I'm refunded £250. If there is, they do so on my behalf so I'll know more once the audit is carried out. Have got to say I'm happy to pay the money to have an organisation in the know with these things handle it for me, there's so much info for me to grasp. At least if there's no case it's only cost me £45 to find out:) Will keep you posted. Credit guy said he knows only to well of Swift and their dodgy dealing......."tell me about it" I replied:D

 

Thanks for sahring that with us WB

 

Did your Guy indicate if his company has had any success against Swift in the past?

 

m

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Hi M, it's not actually his company that does the 'dealing', I'm not sure what the correct term is but basically he matches your requirements with the right agency, company etc to fight your case. The company he's using, lawcom or lawcomm (not sure of sp) have had many dealings with Swift in the past twelve months and while he didn't actually give me a success rate he did say they are notoriously hard to deal with (quel surprise) and he did mention a recent court case whereby this company represented a couple in court on a repossession matter. It apparently came to light Swift had massively inflated the valuation of the property or something so that the couple could borrow the maximum and he said the judge ruled the case by adjourned to another date when he wanted to see the valuer and a few other people. Apparently he was furious with the apparent evidence and according to credit guy the couple are now in line to receive massive compensation. I'm not 100% sure of the exact details Mark but he's coming back to me Friday to fill in the questionnaire for the audit so should have more info for you then. To be honest there was so much ground covered today and I'm still processing:D

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Hi M, it's not actually his company that does the 'dealing', I'm not sure what the correct term is but basically he matches your requirements with the right agency, company etc to fight your case. The company he's using, lawcom or lawcomm (not sure of sp) have had many dealings with Swift in the past twelve months and while he didn't actually give me a success rate he did say they are notoriously hard to deal with (quel surprise) and he did mention a recent court case whereby this company represented a couple in court on a repossession matter. It apparently came to light Swift had massively inflated the valuation of the property or something so that the couple could borrow the maximum and he said the judge ruled the case by adjourned to another date when he wanted to see the valuer and a few other people. Apparently he was furious with the apparent evidence and according to credit guy the couple are now in line to receive massive compensation. I'm not 100% sure of the exact details Mark but he's coming back to me Friday to fill in the questionnaire for the audit so should have more info for you then. To be honest there was so much ground covered today and I'm still processing:D

 

Hi WB

 

Dont get me wrong, I think its great what you are doing, but always remember this guy is a salesman, not an expert, so handle accordingly - I would hate to see you throw £300 away!!

 

He might like to know however that if he does get a lawfirm involved who know all about Swift and their tactics, he could drum up a serious amount of business off this forum I am sure!!

 

Good luck with it.

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Hi M, I know, am certainly being cautious and not overly optimistic just yet. The law firm complete an audit following receipt of my questionnaire. The fee is £295. I also have to send a cheque for £10 for the firm to request the info from Swift. If they find there is not going to be a case to fight, I am refunded £250 so it's cost me £45 for their time in looking into this. If there is a case to fight, they do so on a no win no fee basis and if and when they win, Swift are liable for their costs. I wil be makin sure I have it said in same in black and white before going ahead with anything don't worry:D It works out handier for me to be honest, with 3 bambinos under the age of 3 I just don't have the time to research and follow this through myself. I willmost definitely be keeping you all posted meeting by meeting as if this lawfirm know the background and have any kind of success others on this forum would no doubt like to have their details.

Thanks M!

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Hi WLB

 

This "credit guy" that called with you, would you mind letting me know what company he was from? Did he leave any "bumf" with you regarding his company and the services of the other law firm? Are they local to you? are they accessable UK wide?

 

Any info would be much appreciated. If you don't want to publish it on the forum perhaps you could PM it to me?

 

Many thanks

 

Doc;)

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Did you see the One Show tonight about claims management companies WLB? They said if they are meant to be no win no fee and you have to pay anything up front don't touch them with a barge pole.

 

What can this person do for you that you can't do for yourself?

Edited by caro
The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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What can this person do for you that you can't do for yourself?

Intimidate usually. Some of these claims companies have fought tooth and nail and got good results with the experience and weight of their firms behind them. A lot of the banks etc settle very quickly when some of these companies get involved. I'm all for hammering Swift with everything at your disposal.:mad:

If my post helped you feel better, click my scales.

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Hi All,

 

Just thought I would post this news - it might be a way out of the Swift millstone for some;

 

Legal & General (3166.KL - news) has launched a new mortgage where applicants do not need to be credit scored.

Legal & General Mortgage Club has launched a new mortgage where applicants do not need to be credit scored. The two-year fixed-rate mortgage, which has a rate of 3.35pc, is the only offer of its kind available to borrowers.

Martin Smith, head of mortgages at Legal & General, said: "Credit scoring has its place but complex prime cases are not always catered for by this approach. There are many reasons why an otherwise creditworthy borrower might generate a low credit score. Ditching credit scoring is an innovative, back to basics way of looking at lending and the rate on this product is extremely competitive too."

The product, which is provided by Hanley Economic Building Society, comes with a £100 booking fee and a £1,399 administration fee and is available to a maximum loan-to-value (LTV (LTVCQ.PK - news) ) of 75pc.

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Wow, very interesting indeed M, thanks for this. It would certainly help get the albatross off from round my neck whilst I battle same for recoup of charges etc and the mis-sold aspect!! Am off to check it out:D

 

For Caro: I didn't see The One Show last night, wil try to catch it on BBC Replay but I'm afraid I agree with overdone. I just don't have the time to research my avenue thoroughly and compile my arguements etc the way some amazing peope have done on here. I also think the backing of a larger firm who have dealt with these people before holds much more weight, even if it is for a percentage of what you get back. If it means I'm helping to hang Swift out to dry I'm all for it!;)

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Did you see the One Show tonight about claims management companies WLB? They said if they are meant to be no win no fee and you have to pay anything up front don't touch them with a barge pole.

 

What can this person do for you that you can't do for yourself?

 

I am with Caro on this......

 

No win no fee, but pay an up front fee..... The concept itself should raise concerns...

 

No fee but pay a fee...:confused::confused:

 

I place Claim Management Companies on the same level as Timeshare companies and Holiday Club Companies (as they now call themselves)....

 

They promise you the world (for a fee)

 

They really do little more than send unpersonalised standard template letters....

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Thanks for the advice Suetonius. I'm being ultra-careful.

 

With regards to looking at the assistance of other CAGGERS however, I'm afraid I have an issue with that........

 

It would seem that my requests for advice or help of any kind, or in fact my mere presence on this forum, is not wanted in any shape or form! I have received great support from quite a few, Marky, busterberg, doc, lookingforinfo to name just a few; however, almost immediately I have also been met with distrust and almost contempt. When I simply questioned why 'some' would be distrusting of my posts or requests, I was suddenly referred to as a 'rude' cagger 'slabbering' nothing but nonsense! If anyone would care to read back through any of my posts I'd love to hear how this conclusion has been reached. Various 'pm's' have left me feeling quite distressed and, in the last case, disgusted to be honest. Remarks left by one forum member in particular have upset me greatly. I am a 31 year-old female who has been through a particularly bad time this past 18months. I have 3 gorgeous children under the age of 3. I am a good person. I have never meant or wished ill of anyone. I was elated when I found this site and reading through the posts everyone seemed so helpful and knowledgeable and I just had to join in. What I have been met with is, I repeat, disgusting! I am not tarring everyone with the same brush. Why should I justify who I am or what I'm doing here? Why shouldn't I ask for advice? Why should I be excluded from news and noteworthy events in the quest to find justice against Swift? Why have I been labelled as rude? And why, most importantly of all, SHOULD A YOUNG MOTHER OF 3 TRYING TO MAKE ENDS MEET "PADDLE HER OWN GOD DAMN BOAT UP THE FOYLE" (to quote one disgusting poster in a PM) WHILST TRYING TO SUPPORT 3 CHILDREN WHEN ALL SHE ASKED FOR WAS THE HELP AND ADVICE MOST OF YOU ARE ABLE TO GIVE????

 

Sorry for the rant but I am furious. I'll be starting my own thread because I really don't need any of the abuse but I believe these forums are invaluable, as are most of the forum posters.

Good Luck to the rest of you!

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