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    • Letter of Claim   I am writing to you with regard to the above vehicle purchased from you on 17th November 2021.   The amount paid for this vehicle was £250.00 deposit paid on 28th October 2021 and the balance of £3,250.00 paid on the day of collection of the vehicle on 17th November 2021 giving a total of £3,500.00. A statement showing these amounts leaving my account is enclosed.   This vehicle was purchased after an MOT was carried out on the vehicle on the day of collection of 17th November 2021.   On the journey home a strange noise could be heard which was communicated to Matthew by text message. Originally I thought it was maybe the sound of the rumble on the road but having got the vehicle home, I asked my son to take it for a drive. He confirmed there was a noise. I did not receive a response from Matthew in regard to this message.   On Tuesday 23rd November 2021, driving home from work I noticed this noise had got extremely loud and again sent a text message to Matthew stating an awful ‘scraping noise’. Matthew responded asking me to take it to a workshop for diagnosis. He stated it would be better to get it recovered in case of causing any further damage and asked me to call him in the office when I had more information.   It was taken to my local garage and I was contacted by them on Thursday 24th November 2021 to advise that the rear caliper had ceased solid and had been repaired as was not safe to drive. I was advised of the cost for the part and labour which totalled £190.00 + VAT.   I contacted Matthew by phone and advised him of the outcome from the garage and was offered ‘as a gesture of goodwill’ half of the amount towards the repair. I stated I was not happy to pay anything towards a repair on a vehicle I had only had for 7 days. I asked if the car had a warranty and was told yes but i had not returned the car to Vulcan, I had had the work carried out elsewhere and had I have taken it back to him, he would have only paid trade prices to his usual garage for the repair. I did explain that the car was unsafe to drive and had I had it recovered to Norwich from Essex, it would have cost a lot of money.   Matthew then requested that the invoice from the garage be made out to his company and to send it over by email which was done later that evening. I received a response email stating Matthew would speak to the technician who worked on the car for his advice and trade prices for labour and materials and he would contact me the following week.   Today, I have emailed Vulcan Motor Company to advise that I would like to return the car for a full refund and I have been advised that it will passed to the solicitor for Vulcan Motor Company and I would only deal with them going forward.   Funds can be made direct to my account
    • You are now a Part 20 claimant ....with judgment on your counterclaim.
    • in Nicoll v Promontoria Ram 2 Ltd [2019] EWHC 2410 (Ch), the High Court held that a notice of assignment of a debt given to a debtor was valid, even though the effective date of assignment stated in the notice could not be verified by the debtor. The case concerned a debt assigned by the Co-op Bank to Promontoria and a joint notice given by assignor and assignee to the debtor that the debt had been assigned “on and with effect from 29 July 2016”.   A subsequent statutory demand served by Promontoria on the debtor for the outstanding sums was disputed on the basis that the notice of assignment was invalid because it contained an incorrect date of assignment. Whilst accepting that the documentation was incapable of verifying with certainty the date of assignment, the Court held that the joint notice clearly showed that both parties had agreed that an assignment had taken place and was valid. This decision suggests that mistakes as to the date of assignment in a notice of assignment may not necessarily be fatal, if it is otherwise clear that the debt has been assigned.
    • Sar to shop direct not arrows If you think its sb'd go ring shop direct and ask last payment or usage date . If resolvecall have been tasked and youve not had a letter of claim from arrows then 99% it is   dont forget a DCA is not a BAILIFF and have ZERO powers on any debt no matter what it's type.   dx    
    • I phoned them and they said my license is on its way back.... these been a delay in postings, weird how they sent the 7 day reminder one though....
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Swift Advances. Secured Loan Charges reclaim


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All the very best for tomorrow Sparkie......

 

.....and thanks for all your help!

 

Landy

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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All the very best for tomorrow Sparkie......

 

.....and thanks for all your help!

 

Landy

 

Thanks landy,

 

Its not me the luck is wanted for ......I was just the one who supplied the ammo the bombs and the guns to fire em all with.

I will be shocked if they lose.

 

sparkie

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Sparkie,

 

Will you also be mentioning the lady who was 'gagged'? The Judge may be interested to know.

 

Hi termi,

 

Tomorrow the judge is going to hand down judgement on whether the agreement is uneforceable or not and whether the info Swift applied to their credit file is correct....( I Know for a fact its not) then he awards damages....no -one says very much at judgement hearings you have to sit there and listen...........what I found was strange is that at the trial hearing the Barrister for Swift ( who has to come fom London) asked the judge if he would make a "paper" judgement ...that is without anyone needing to go to Court..........the Judge said "NO" I give my judgements in person.....this is why I think it looks good for my mate....he is making this guy come all the way up from London, for about an hour in Court, thats about how long his judgement will probab ly last.....BUT I may be wrong he could go in Swifts favour....but he has had a long time to listen to the taped recording of all the trial evidence.

 

Just got to hope now.

 

sparkie

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This has nothing to do with my friends case but it concerns every Swift Customer who has been charged a default charge ( penalty Charge) ....what you must obtain from Swift is a complete and full true explanation of the charge and what interest has been applied to that charge...what I am 100% certain of is that Swift add this /these charges to the loan ....if they add contactual interest they are in breach of section 86F of the New Consumer Credit Act 2006...they can only charge SIMPLE interest...if they have charged contract interest that means that the amount showing you owe on the loan on your credit file will be incorrect and a breach of the Fourth Principle of the DPA which says

 

" Data is inaccurate if it is incorrect as to ANY matter of fact" they are telling every other creditor or searcher that you owe more money than you do ...it also throws your account into a mess.

 

sparkie

(2) The debtor or hirer shall only be liable to pay interest in connection with the default sum if the interest is simple interest

 

PS this only applies to charges aplied to the account after April 6th 2008

Edited by Sparkie1723
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Hi everyone

Bad news and more bad news I was given the worst shock of my life, Every bit of the case lost I'll post the resons given but you will not believe it I can tell you..................they are devastated.......the judge even refused permission to appeal..................I have never seen such a change in a judges attitude I feel like I am to blame for it all..........although an application for permission to appeacan be made going to have to give a lot of thought to that....all I can say you can imagine feelings at the moment .....going to have a long chat..........to see where to go from here........absolutely sickening I'll post a lot more tomorrow....I'm off for a pint .

The judge would 't even accept that although some £15,000 has been paid off, and all payments up to date in Oct last year their credit file showed that ONLY £850 had been paid off the loan and the balance owing was incorrectly stated, judge said insufficient evidence to that fact had been provided ...... claim out of the window. Sickening what else do you have to prove????

 

sparkie

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Hi everyone

Bad news and more bad news I was given the worst shock of my life, Every bit of the case lost I'll post the resons given but you will not believe it I can tell you..................they are devastated.......the judge even refused permission to appeal..................I have never seen such a change in a judges attitude I feel like I am to blame for it all..........although an application for permission to appeacan be made going to have to give a lot of thought to that....all I can say you can imagine feelings at the moment .....going to have a long chat..........to see where to go from here........absolutely sickening I'll post a lot more tomorrow....I'm off for a pint .

The judge would 't even accept that although some £15,000 has been paid off, and all payments up to date in Oct last year their credit file showed that ONLY £850 had been paid off the loan and the balance owing was incorrectly stated, judge said insufficient evidence to that fact had been provided ...... claim out of the window. Sickening what else do you have to prove????

 

sparkie

 

 

Geez Sparkie, that's a really blinding result. I am so sorry, what the hell happened after all your hard work?

 

Let you sleep on it, but I am so sorry for you. Swift will be enjoying this I bet..

 

Sarah

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Hi Sparkie,

 

I have another case where the Judge refused permission to appeal. I did appeal at a later date when I had gathered my thoughts to challenge what had taken place at the hearing. There is a lot of info to digest when in Court and it just needs disecting to find their fault because you know they have not done the right thing. I look forward to knowing this particular Judge's reasons but this Judge is not every Judge.

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Sparkie - so very sorry to hear your friends bad news and after all the hard work you put into this for them too!

 

Regards,

 

Landy

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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The judge would 't even accept that although some £15,000 has been paid off, and all payments up to date in Oct last year their credit file showed that ONLY £850 had been paid off the loan and the balance owing was incorrectly stated, judge said insufficient evidence to that fact had been provided ...... claim out of the window. Sickening what else do you have to prove????

sparkie

Insufficient evidence gets me. The credit file is the evidence other lenders rely on. Whether the agreement is enforceable or not should be a black and white issue surely?

Edited by overdone

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Swift are watching !!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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We all know how judges can vary wildly.....very sorry to hear this Sparks, I do hope you get this to appeal...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Oh Sparkie, that's terrible - how can these people get away with this kind of thing? Commiserations my friend.

 

However, we must overcome these. We know they are wrong and there are too many of us to let them get away with it. Lets fight this.

 

It's probably hard to come on and explain, but we can only admire your courage and tremendous hard work against the establishment - don't beat yourself up too much.

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Guest blackie

Sparkie, its not your fault. You have really tried against these vultures. I think I should give up now, Swift are powerful. My hearing was only adjourned, no doubt they will come back with all sorts, but they have never followed the protocol required and probably never will. Too be honest I'd top myself if I thought my family could keep their home. Anyway well done Sparkie you tried, you were my ray of hope in what appeared to be a black hole. Well were to now guys. Anyone any thoughts please.

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Do not give up because from that hearing and what their barrister and Judge said and agreed I learned something where I can Get these baskets caught in a loop...I will be Pm 'ing everyone with the info personally because I do not want Swift to know about it. There is an appeal being made

 

sparkie

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Oh Sparkie, that's terrible - how can these people get away with this kind of thing? Commiserations my friend.

 

However, we must overcome these. We know they are wrong and there are too many of us to let them get away with it. Lets fight this.

 

It's probably hard to come on and explain, but we can only admire your courage and tremendous hard work against the establishment - don't beat yourself up too much.

 

Sorry Sparkie

Am abroad at the minute got tx from mates regarding this. sounds strange mate. then again it would have read in the papers,

`working man beat international company`

Its all a big circle mate problem is decent people are outside it. everyone knows who even now is getting the big payouts from the goverment,

Its not over mate, again the problem is money, or lack of it. the system is built to keep the likes of your friends from fighting back.

It was too big a can of worms to be opened up. but without people like yourselves nothing would ever change,

Hang in their You should be proud of what you did for them. its the system mate,

will be in touch when I get back,

paddy

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

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Sparkie, its not your fault. You have really tried against these vultures. I think I should give up now, Swift are powerful. My hearing was only adjourned, no doubt they will come back with all sorts, but they have never followed the protocol required and probably never will. Too be honest I'd top myself if I thought my family could keep their home. Anyway well done Sparkie you tried, you were my ray of hope in what appeared to be a black hole. Well were to now guys. Anyone any thoughts please.

 

 

We re group. Good strategy and determination.

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Do not give up because from that hearing and what their barrister and Judge said and agreed I learned something where I can Get these baskets caught in a loop...I will be Pm 'ing everyone with the info personally because I do not want Swift to know about it. There is an appeal being made

 

sparkie

 

 

Yes I know how you feel Sparkie about not commenting on main site. I haven't got a thread myself for my case, because you feel exposed and they are watching.It is another High St Bank. My second Judge was more interested and things moved forward. I'm keeping my PM box free if you will send info to please.

 

Termi

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Be Carefull everyone, especially on this,

I only got involved through a friend of a friend, and threw in a couple of misleading comments myself.

Although I am not directly involved financially with Swift, what I can tell you there is a major ongoing investigation taking place,

Both in England and over there in N Ireland as well.

Just hang in there folks,

Edited by pkelly

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Be Carefull everyone, especially on this,

I only got involved through a friend of a friend, and threw in a couple of misleading comments myself.

Although I am not directly involved financially with Swift, what I can tell you there is a major ongoing investment taking place,

Both in England and over there in N Ireland as well.

Just hang in there folks,

Money talks though and so do the best barristers when you can afford them.

You get the justice you pay for so it seems. O J for example.

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

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Be Carefull everyone, especially on this,

I only got involved through a friend of a friend, and threw in a couple of misleading comments myself.

Although I am not directly involved financially with Swift, what I can tell you there is a major ongoing investment taking place,

Both in England and over there in N Ireland as well.

Just hang in there folks,

 

Is that investment or investigation?

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Money talks though and so do the best barristers when you can afford them.

You get the justice you pay for so it seems. O J for example.

YEP but where is O J now???

there is justice, it just in some cases takes time.

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

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