Jump to content


  • Tweets

  • Posts

    • If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
    • Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed some of the worst tendencies in British politics”. “The only way to think about it is as a psychodrama enacted, for the most part, by a small group of middle-aged men who went to élite private schools, studied at the University of Oxford, and have been climbing and chucking one another off the ladder of British public life" Top US magazine slams Britain after 14 years of Tory ‘psychodrama’ WWW.INDEPENDENT.CO.UK The New Yorker’s excoriating report on the state of the UK lays bare how Britain’s withdrawal from the European Union (EU) “catalysed...  
    • UK travellers are being caught out by post-Brexit passport rules.   When do I renew my UK passport and what is the 10-year rule? WWW.BBC.COM UK travellers have been turned away at airports because their passports are not valid for EU travel.                                   
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like
  • Recommended Topics

Problem with Swinton.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5447 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, nice to meet you all.

I have a small problem, there is not a great deal of money involved (£55.00p_ but it is the principle and legallity of it that bothers me.

The facts are thus.

My daughter has/had car insurance with Swinton, when she first took out her policy they sent her all the forms etc, and the direct debit mandate. (she is only 19 and her car insurance is £1900.00p) Anyway, we read through the terms and conditions, decided we were happy with it, signed the agreement and sent it back. All well and good. Then about 5 months later she received a phone call from swinton asking if she would be interested in breakdown cover for £6.00p per month, she said she would.

Now last month she decided to buy another car, thing is swintons quote on this new car was £2800.00p which I thought was ridiculous, so we cancelled her insurance policy immediately, they said there would be £25.98p outstanding for the cover she had already received, fair enough, we paid it immediately by debit card. So that was it, we didn't owe swinton anything for her car insurance.

Then about a fortnight ago we received another letter from swinton stating that there was £55.00p oustanding for the cover she had already received. I phoned them straight away to see what they were on about. I was told it was not for the car insurance but for the breakdown cover which unfortunately was non refundable.

Now the thing is, Swinton NEVER sent her any form of terms and conditions for her to read through and sign that she accepted those terms, she has never signed any agreement at all for this breakdown cover, even though it was being paid for by monthly installments of £6.00p plus she only had it for three months as we cancelled it when we cancelled the car insurance.

Now I myself think that this breakdown cover, as it is being paid by monthly installments comes under the Consumer credit act of 1974. Swinton should of sent her the terms and conditions along with an agreement form for her to sign and return, but they didn't. So as far as I can see on a legal point of view, this is not an agreement, and cannot be enforced by a court as she has not signed anything.

What do you people think?

thanks

Vangellis

Link to post
Share on other sites

Hello and Welcome, Vangellis.

 

I'll move this thread to the appropriate Forum, where hopefully you'll get the help you require.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

  • 2 weeks later...

Has anyone helped with this yet as i have much the same problem with Swinton at the moment. they are attempting to charge me a £45 cancellation charge on 2 policys (home/car). never signed a thing!!!

 

Surely its an unfair term?

Halifax - £2500

Legal & Trade - Webt to courtfor Breach CCA, Complained to OFT they ruled in my favour, So did court, 2k written off.

NatWest - Contactual Interest - Won:p

Link to post
Share on other sites

  • 4 months later...

I am having same problem, Swinton are charging me for a policy that never started! I subscribed online but when policy documents were received I was not happy with some details that DID NOT appear on screen at subscription stage, so I returned them as indicated in the terms and conditions.

I have already been debited with the first monthly payment by debit card at subscription stage and they also want £10 service charge + £35 cancellation as apparently by subscribing online I have entered into a contract with them.

Terms and condition state the total £ 45 cancellation fees, so I should either have the first instalment refunded or deducted from this as policy is not due to start until next week and I have cancelled it anyway. How can they charge for a cover that never started at all?

Can anyone advise?

Link to post
Share on other sites

  • 2 months later...

I'm having exactly the same problem.

I have sent them a CCA request.

They wrote back and sent a complaints brochure stating they will contact us in 20 business days.

The CCA request has now expired.

I am just drafting letter 2 for failure to comply.

There is no credit agreement we never got one!

 

see:

http://www.consumeractiongroup.co.uk/forum/legal-issues/191742-does-cca-request-apply.html

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

Link to post
Share on other sites

Just to throw a spanner in the works, doesn't the CCA at 16(1) state:

 

... This Act does not regulate a consumer credit agreement where the creditor is a local authority . . ., or a body specified, or of a description specified, in an order made by the Secretary of State, being—

(a) an insurer,

...

Link to post
Share on other sites

Well on ALL my previous car insurance documentation where I have paid by monthly DD, the credit agreement does state that it is 'regulated by the CCA1974...'

Maybe it is because the credit is offered by the broker and not the actual insurance company???

 

Comments anyone please??

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

Link to post
Share on other sites

*WON*!!!

Have just received a letter from Swindle.

 

"BLAHBLAHBLAH...

However, as we are now aware that you took the vehicle off the road on 1 January 2009 and as a gesture of goodwill I have agreed that Swindle will not continue to pursue the outstanding balance. I have spoken to Icon collections and they have now closed their records. I can assure that this will in no way affect your future credit rating.....

If we do not hear from you within 8 weeks we will consider the matter closed"

 

RESULT!!!

 

 

So all you people out there being "Swindled"

 

GO GET EM!!!!:D

Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...