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    • nothing....   other than insuring their client is informed by you of your correct and current address in writing.    
    • 1) a very remote IF.... 2, no you post the results of that questionnaire to a post as text.   my links were not so much to be used to inform you how to deal with a remote chance of a court claim.. but more for you to understand the whole creation of the fake debt process...   not sure what device you use but incase its one that doesn't show my red text below all posts... i shall post it in this msg body...   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...     
    • No, it's not. Just as GAP and other insurance's, when supplied and used correctly, this type of insurance can save the driver\owner a fortune. Some diamond cut alloy's are over £1,000's   Rim protectors won't help all the time and a replacement set of tyres may not have them at all.   Not useless at all. Generally, generalisations like the one above are sweepingly unhelpfull. Or wrong.   H
    • Ok cool found a few. Just to confirm.   1) Wait for the claim to arrive in the post. 2) use the template with the claim details (bar pesonal details etc...) BY tempalte I meant the one here: Link   And take it from there?   Sorry, I'm not usually this unsure, but this is totally new terratory for me! last hting I want is to do something wrong when it comes to the legal side of things...
    • Hi I have a couple of credit card debts from Dubai, one of which I'm getting hassled about via email by IDR.   They said they got my email details via a credit agency....(its the same email as the bank would've given them!)   my thought is, that really we're in a stalemate. I have no assets and work as a freelance (ie they cant take any wages if it came to it) therefore why would they spend cash as its not their debt, to take me to court. and on top of that what would it achieve?   Im sure im being simplistic but what have I got to actually fear?   Thanks in advance dubai 5-0    
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

Swift Advances. Secured Loan Charges reclaim


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Thanks wp3,

 

But does the new act specifically say that it covers unregulated agreements, and if so does that mean they're now regulated?

I believe they remain as unregulated however the unfair relationship stautes do apply.

G

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BLOOMING ECK with all the letters after your name and educamacation you gottet what a load of crap

 

I am not a Graphology expert but anyone can see from that post you are well and truely rattled, tongue tied lol :shock:

end of the line my friend pack your bags, you know whites days are numbered court records dont lie

anyhow I am off again done my wee bit as last few days again, I wont say a `Dicky bird ` about what I heard happened in N Ireland today except for one thing tie

"pogue muh hoin" tie

"guh nee-ha on cat hoo iss go nee-ha on jeowel on cat"

Slainte :D

 

Hey PK

 

Ná glac pioc comhairle gan comhairle ban. :D

.......and Ive just kicked the cat out for the night. ;) lol

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I believe they remain as unregulated however the unfair relationship stautes do apply.

G

CORECT

Scope of the provisions

2.8 A credit agreement for these purposes means an agreement between an

individual (the debtor) and any other person (the creditor) by which the

creditor provides the debtor with credit of any amount.9 An individual

includes a sole trader or partnership10 or other unincorporated body.11

Credit includes a cash loan or other form of financial accommodation,

including a hire-purchase agreement.

2.9 The unfair relationships provisions apply to credit agreements whether

regulated or not. The sole exception is where an agreement is exempt

under section 16(6C) of the 1974 Act because it is a regulated mortgage

contract under the Financial Services and Markets Act 2000. The

 

 

WP3

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Unfair Relationship

Enforcement Ation under Part 8 of the Enterprise Act 2002

 

2.7 Section140A(4) provides that a determination may be made by the court even if the relationship has ended.

 

WARNING!!! WARNING!!! Be careful this may be misleading information;)

 

sparkie

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Unfair Relationship

Enforcement Ation under Part 8 of the Enterprise Act 2002

 

2.7 Section140A(4) provides that a determination may be made by the court even if the relationship has ended.

 

WARNING!!! WARNING!!! Be careful this may be misleading information;)

 

sparkie

Ha Ha, very funny Sparkie :D

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THE FOLOWING BIT IS THE ONE THAT WILL MAKE THEM SQUIRM

 

You say the intrest rate is unfair

 

 

YOU DO NOT HAVE TO PROVE IT IS UNFAIR

THEY HAVE TO PROVE IT IS FAIR

 

 

2.18 Section 140B(9) provides that if the borrower (or a surety) alleges that

the credit relationship is unfair, it is for the lender to prove the contrary.

In other words, the onus of proof is on the lender to show that the

relationship is not unfair.

 

WP3

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Hi Guys

 

I have just received a reply from Oft about regulated/unregulated agreements.

 

.............

 

Prior to 6 April 2008, when the relevant provisions of the Consumer Credit Act 2006 came into force, agreements for loans over £25,000 which would otherwise have been regulated by the OFT were not subject to regulation. Since 6 April 2008, there has been no financial limit. However, loans taken out before this date are subject to the rules that applied at the time. Therefore, if a loan which exceeded £25,000 was taken out prior to 6 April 2008; it would not be regulated under the Consumer Credit Act 1974.

 

 

Not sure if it is relevant to anyone else but I have been trying to get this information for ages!

 

Cupcake

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Unfair Relationship

Enforcement Ation under Part 8 of the Enterprise Act 2002

 

2.7 Section140A(4) provides that a determination may be made by the court even if the relationship has ended.

 

WARNING!!! WARNING!!! Be careful this may be misleading information;)

 

sparkie

 

provided that the agrement was inforce after 6 april 2008

 

2.2 The unfair relationships provisions applied to new agreements from 6

April 2007. Where an agreement was entered into before that date, the

provisions applied from 6 April 2008 unless the agreement was

completed by then.8 Completed agreements remain subject to the

extortionate credit bargains provisions.

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Hi Guys

 

I have just received a reply from Oft about regulated/unregulated agreements.

 

.............

 

Prior to 6 April 2008, when the relevant provisions of the Consumer Credit Act 2006 came into force, agreements for loans over £25,000 which would otherwise have been regulated by the OFT were not subject to regulation. Since 6 April 2008, there has been no financial limit. However, loans taken out before this date are subject to the rules that applied at the time. Therefore, if a loan which exceeded £25,000 was taken out prior to 6 April 2008; it would not be regulated under the Consumer Credit Act 1974.

 

 

Not sure if it is relevant to anyone else but I have been trying to get this information for ages!

 

Cupcake

 

correct

 

but remember the unfair relationship applies to unregulated loans

 

wp3

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4.10 In relation to price variation clauses (paragraph 1(l) of schedule 2), the

guidance states that, in the OFT's view, a discretionary right to vary the

price after the consumer has become bound will generally be unfair,

unless the consumer is free to terminate the contract without penalty. In

addition, a price variation clause may be unfair even if it is not

discretionary, and the guidance sets out a number of factors which may

be relevant to this. These include whether increases are linked to an

external index, the scope for the supplier to decide the level and timing

of any increase, and whether details are clearly and adequately drawn to

the consumer's attention

 

 

4.17 The interest rate or APR under a credit agreement, or other charges

falling within the total charge for credit, would normally be core terms

and so, if clearly expressed, would not themselves be subject to an

assessment of fairness under the UTCCRs.22 This would not however

preclude the court from taking such terms into account in deciding

whether the relationship is unfair to the borrower. Equally, the OFT or

another enforcer would be entitled to have regard to such terms in

deciding whether to take Part 8 action

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Very informative WP3 thanks again

G

 

 

Amongst other points I have challenged my loan agreement which is un-regulated, taken out in Sept 07 and over £25k. I have evidence that I paid a secret commission and also there were many other things contained in my loan which I wanted to challenge using the Unfair relationship route.

 

This is what my solicitors have stated when I suggested this:

"Mrs xxx is clearly a competent individual which is evidenced by her ability to communicate her understanding to us in a forthright and candid manner. It is going to be extremely difficult to succeed using the arguments surrounding the unfair relationship test in light of the fact that Mrs xxx is clearly a competent individual."

 

So if anyone who can read and write and is able to communicate with solicitors then they will be unable to challenge and use the unfair relationship route. Can anyone point me where it states in the unfair relationship test that this is true. So basically anyone who wants to challenge their agreement using this route has to be deaf, dumb and blind and most importantly not be able to communicate clearly. :mad: :mad: :mad:!!!!!!!

 

sorry sparkie for going off track, but really am peeeed off. Hopefully we will hear some good news from your end very soon.

Edited by frettful38
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Amongst other points I have challenged my loan agreement which is un-regulated, taken out in Sept 07 and over £25k. I have evidence that I paid a secret commission and also there were many other things contained in my loan which I wanted to challenge using the Unfair relationship route.

 

This is what my solicitors have stated when I suggested this:

 

"Mrs xxx is clearly a competent individual which is evidenced by her ability to communicate her understanding to us in a forthright and candid manner. It is going to be extremely difficult to succeed using the arguments surrounding the unfair relationship test in light of the fact that Mrs xxx is clearly a competent individual."

 

So if anyone who can read and write and is able to communicate with solicitors then they will be unable to challenge and use the unfair relationship route. Can anyone point me where it states in the unfair relationship test that this is true. So basically anyone who wants to challenge their agreement using this route has to be deaf, dumb and blind and most importantly not be able to communicate clearly. :mad: :mad: :mad:!!!!!!!

 

sorry sparkie for going off track, but really am peeeed off. Hopefully we will hear some good news from your end very soon.

 

Surely it is the contract which should be scrutinised rather than the individual. It appears a very weak response from the solicitor and one has to wonder whether they were competent in contract law.

G

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Amongst other points I have challenged my loan agreement which is un-regulated, taken out in Sept 07 and over £25k. I have evidence that I paid a secret commission and also there were many other things contained in my loan which I wanted to challenge using the Unfair relationship route.

 

This is what my solicitors have stated when I suggested this:

"Mrs xxx is clearly a competent individual which is evidenced by her ability to communicate her understanding to us in a forthright and candid manner. It is going to be extremely difficult to succeed using the arguments surrounding the unfair relationship test in light of the fact that Mrs xxx is clearly a competent individual."

 

So if anyone who can read and write and is able to communicate with solicitors then they will be unable to challenge and use the unfair relationship route. Can anyone point me where it states in the unfair relationship test that this is true. So basically anyone who wants to challenge their agreement using this route has to be deaf, dumb and blind and most importantly not be able to communicate clearly. :mad: :mad: :mad:!!!!!!!

 

sorry sparkie for going off track, but really am peeeed off. Hopefully we will hear some good news from your end very soon.

 

I suggest you kick your solicitors into touch - they obviously do not fully understand the legislation.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Thanks paul and gallahad but I did already do this and this is the response I got from them. They are more interested in closing my file than acting for me. Maybe it is above their head and they are not confident or experience enough to handle my claim or they have been doing business with Blemain behind my back and trying to put me off bringing a claim against me lender, who knows whats going on?

 

Here is the full response I got from my solicitors:

 

http://i450.photobucket.com/albums/qq223/sophiak_bucket/Solicitorsresponse1.jpg

http://i450.photobucket.com/albums/qq223/sophiak_bucket/Solicitorsresponse2-1.jpg

http://i450.photobucket.com/albums/qq223/sophiak_bucket/Solicirorsresponse3.jpg

 

Now what do I respond to that? Utter joke:mad:

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If you could find proof that they have acted for Blemain you would have a claim for conflict of interest.

G

 

 

Thanks gallahad, but that is a big IF, and chances are not high as that is just my own personal opinion as they have taken so long to address my concerns relating to my agreement that I would probably do better fighting this own my own.

 

I am going to have a long think on what to do next

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Surely it is the contract which should be scrutinised rather than the individual. It appears a very weak response from the solicitor and one has to wonder whether they were competent in contract law.

G

 

Thats great advice- when I go to see this Solicitor if I groan and start licking his windows, does that mean I am in with a good chance? Whats his address?

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Thats great advice- when I go to see this Solicitor if I groan and start licking his windows, does that mean I am in with a good chance? Whats his address?

 

:):D very good idea, sorry can't give the address else i will get sued.

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Thanks gallahad, but that is a big IF, and chances are not high as that is just my own personal opinion as they have taken so long to address my concerns relating to my agreement that I would probably do better fighting this own my own.

 

I am going to have a long think on what to do next

Who was your broker and have you sent sar to both them and Blemain?

G

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Please note everyone Swift Advances Plc OFT licence expires at 12 p.m. tomorrow night....

As for news from N.Ireland I have been advised by those concerned to post this and no more

 

HALLELUYA!!!!!........AMEN!!!........Tick Tock!! Tick Tock!!! TICK TOCK!!!!!;):D:D:D:D:D:D

 

 

Pick the bones out of this post TIE

 

sparkie

 

 

Sorry to burst anyone's bubble here but as Swift have submitted their renewal before the expiry of the existing licence they are able to continue trading while the renewal is considered. This is an extract from the OFT website:-

 

Renewal forms

You can apply to renew online up to one month prior to the expiry of your licence. Renewal forms cannot be downloaded from this website so if you do not intend to renew on line and need a paper form contact the OFT and ask them to send you a renewal pack when your licence nears expiry. We do not allow renewals to be made until one calendar month prior to expiry so please do not apply early. We published a general notice (pdf 44 kb) about this in December 2007.

 

If you have not heard from us within three weeks of your licence expiry date, please contact us. Please note that a licence remains valid while the renewal is being processed as long as we receive your renewal application prior to the expiry date. Please pass this information on to organisations who may be concerned about a licence lapsing.

 

 

If anyone wishes to verify this the link is here:-

 

How to apply for a credit licence - forms and procedures - The Office of Fair Trading

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Please note that this topic has not had any new posts for the last 3764 days.

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