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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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 2


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I agree Coolchris, if it wasn't deliberate, presumably Swift Advances PLC's (Swift 1st's sister company for 2nd charge mortgages) customers will be redressed in the same way? Unfortunately the OFT who regulate Swift Advances plc don't have the same ability as the FSA to order redress. However as it is all an unfortunate mistake and system failure, Swift will want to do the right thing. Those customers have not been "treated fairly" either.

 

I wonder how much effort Swift 1st will put into tracking down families whose homes they have repossessed? Some of those families may have broken down as a result. Swift will have to go to great efforts to redress those people. Would people who have suffered extreme detriment be able to sue for compensation? What cost would the courts put on family breakdown?

 

SJ

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I agree Coolchris, if it wasn't deliberate, presumably Swift Advances PLC's (Swift 1st's sister company for 2nd charge mortgages) customers will be redressed in the same way? Unfortunately the OFT who regulate Swift Advances plc don't have the same ability as the FSA to order redress. However as it is all an unfortunate mistake and system failure, Swift will want to do the right thing. Those customers have not been "treated fairly" either.

 

I wonder how much effort Swift 1st will put into tracking down families whose homes they have repossessed? Some of those families may have broken down as a result. Swift will have to go to great efforts to redress those people. Would people who have suffered extreme detriment be able to sue for compensation? What cost would the courts put on family breakdown?

 

SJ

 

Totally agree SJ............ALL Swift customers, whether Swift 1st or Swift Advances were treated like cr@p and ALL deserve to be refunded. As someone who narrowly escaped repossession by Swift Advances, my OH took an overdose 'cos he was so ashamed of what he felt he had done to his family and to crown it all we had to pay a ridiculous sum in early redemption fee when we managed to get out of their clutches, I truly feel for those who weren't so fortunate :mad2: I can't see Swift making the effort to track down those who they previously terrorised and feel that if Swift can get away with paying out the bare minimum they will do so.

 

Our 'loan' was for in excess of £50k, but was a 'second charge' so won't be covered by the FSA ruling. I did manage to get some charges refunded, but only a fraction of what were applied............

 

Landy x

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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Hi SJ. My home was repossessed and Swift know my new address but only because I was in touch with them trying to reclaim some of the ridiculous costs incurred over the previous few years, and also the unbelievable eviction costs. If others that have been repossessed didn't give Swift their new address what are the chances of Swift trying to track them down? Nil is my guess.

 

I dont think these refunds will add up to much but it's a start. I've sent my complaint to the FOS and they have asked Swift to explain their charges in full. Also, my MP has written to Hector Sants, CEO of the FSA, and his reply is due back by this Wednesday at the latest.

 

I don't hold out much hope but we've all got to try.

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I've received a letter from Swift today saying they are repaying some of my costs that they over charged me and others between 2004 and 2009. It's part of the FSA investigation rather than my complaint. At the end of the letter they give the FSA web address for us to see how refunds will be calculated. But oops, they wrote the address down wrong. The correct address is fsa.gov.uk/pubs/final/swift_1st.pdf

 

By the way, I've posted on here many times but I've changed my username for this post.

 

Thank you for this post SR as my agreement started in 2003 and the notice given by the FSA mentions a date from 2007. Funny enough, I received a reply to a letter I sent them and they offered a refund as a gesture of goodwill and I had a certain time in which to respond or lose it! It was negligible compared to the amount I would consider, plus there're trying to ignore my PPI claim and want to charge an extortionate amount to redeem the loan!! So your info is of significant importance. Stay with us:-)

 

A nice big advertisement in National Newspapers to ask anyone who has been affected by Swift Advances to contact the FOS, FSA and OFT to complain and get redress, would be amazing!

Edited by determindator
I'm getting into warrior mode
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Apparently Swift are paying a flat rate of 8% interest to everyone they overcharged. To be honest it's better than I expected but nowhere near the 14% they were charging me.

 

Personally I think people should claim the contractual rate they were charged, and I don't think it would be out of order to claim 8% on top of that. If it was necessary to go to court it would be acceptable to claim it, and FOS will often allow it too.

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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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Hi Caro,

Should all Swift Advances customers have been notified about this as I have heard nothing at all recently from them ?

I sent the OFT the last letter I received from them mentioning interest, fees etc but have heard nothing back other than automatic acknowledgement...

Has anyone ever contacted their supposed regulatory body "The Finance and Leasing Association" to complain about them?( As Swift mentioned them themselves ,I cant imagine they'd be very helpful1)

Is anyone receiving regular letters/phone calls as usual or has it all gone quiet for everyone?

Also, did anyone else get their secured loan through Personal Loans of Bristol ?

Hoping for some news,

M.

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Hi Caro,

Should all Swift Advances customers have been notified about this as I have heard nothing at all recently from them ?

I sent the OFT the last letter I received from them mentioning interest, fees etc but have heard nothing back other than automatic acknowledgement...

Has anyone ever contacted their supposed regulatory body "The Finance and Leasing Association" to complain about them?( As Swift mentioned them themselves ,I cant imagine they'd be very helpful1)

Is anyone receiving regular letters/phone calls as usual or has it all gone quiet for everyone?

Also, did anyone else get their secured loan through Personal Loans of Bristol ?

Hoping for some news,

M.

 

Hi M,

 

I contacted the FLA when Swift Advances had rejected my complaint and as 42man says, they were no help whatsoever - they agreed with SA's opinion that my complaint was unjustified. Eventually, when there began to be rumblings of the OFT/FSA investigations, I tried again with SA and they did refund some charges...............but my account is no longer operational as I repaid it in full some time before complaining.

 

Landy x

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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Hi Mariknub

 

What I was referring to (That Caro replied to) was Swift First. They've been investigated by the FSA and made to pay back certain charges and fees that were considered excessive. I don't think it included Swift Advances, although I believe they are also being investigated at the moment (Maybe somebody could correct me if I'm wrong)

 

Apart from this refund which is small compared to the outrageous fees and interest rates I was charged, I've got my MP on the case and she is in touch with the CEO of the FSA and the FOS have also instructed Swift to provide them with all the details from my account so they can look into it. I get the impression that Swift are going to have to be more cooperative in future or risk losing they're license so now is a good time to be demanding answers to questions that they might previously have ignored.

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Hi Mariknub

 

What I was referring to (That Caro replied to) was Swift First. They've been investigated by the FSA and made to pay back certain charges and fees that were considered excessive. I don't think it included Swift Advances, although I believe they are also being investigated at the moment (Maybe somebody could correct me if I'm wrong)

 

Apart from this refund which is small compared to the outrageous fees and interest rates I was charged, I've got my MP on the case and she is in touch with the CEO of the FSA and the FOS have also instructed Swift to provide them with all the details from my account so they can look into it. I get the impression that Swift are going to have to be more cooperative in future or risk losing they're license so now is a good time to be demanding answers to questions that they might previously have ignored.

 

Evening all,

 

It is important (I think) to note that whilst Swift 1st are currently in the firing line', they are the parent company for Swift Advances plc, as I understand it. The reason it seems is that Swift 1st only offer 1st Mortgages and Swift Advances only offer 2nd Mortgages.

 

I also think it possible that in reality the 'Swift' group did very little(by compaison to others) in the 1st charge market but concentrated on second charges and the sub-prime market.

 

I have already been in touch with Swift Advances plc for a refund of my fees and charges at the rate of 8%, but in my request I indicated that I reserved the right to amend that request. looking at my figures again I had a second mortgage with them for £16,500 and six months later they wanted £31,000 to redeem!!

 

I shall spend the day tomorrow redrafting my request!!

 

 

.....in the meantime,

 

Best wishes to all my fellow caggers,

 

Dougal

Edited by Dougal16T

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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You may be able to answer something for me Dougal. Mine was a 1st mortgage with Swift First and all the paperwork has Swift First letter heading....until they sent replies to my SAR, and the two letters they sent (on totally different occasions) were both on Swift Advances letter heading. Any thoughts?

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Hi Shoops,

 

I wish I could answer that. I just do not have any sensible explanation.....I don't have any insensible ones either!! I do think everything will 'come out in the wash' as my Mum used to say!!

 

Best wishes to all

 

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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I spoke to Swift earlier regarding the interest they're paying on the refunds the FSA have told them to make. In my opinion it's obvious Swift should be paying back the interest I paid on the debt (10.5%) and then they should pay interest on the refund amount because they shouldn't have had it in the first place. No surprises that they refused categorically but the thing that irritated me most was this....their argument that they didn't have to pay back all the interest I've paid, or pay interest for the fact they've been holding my money, was that the FSA hadn't told them to. Thanks FSA. So Swift can lend us money and charge interest, but when we "lend" them money they don't have to pay us interest. What chance do you stand when the governing body come up with rulings like that?

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I spoke to Swift earlier regarding the interest they're paying on the refunds the FSA have told them to make. In my opinion it's obvious Swift should be paying back the interest I paid on the debt (10.5%) and then they should pay interest on the refund amount because they shouldn't have had it in the first place. No surprises that they refused categorically but the thing that irritated me most was this....their argument that they didn't have to pay back all the interest I've paid, or pay interest for the fact they've been holding my money, was that the FSA hadn't told them to. Thanks FSA. So Swift can lend us money and charge interest, but when we "lend" them money they don't have to pay us interest. What chance do you stand when the governing body come up with rulings like that?

 

They told me the same. That's why I filed a complaint with FSA and FOS. Although a tiger with one tooth can't hurt the more teeth the bigger the bite. FILE A COMPLAINT AS I HAVE

JOES MY LANDLORD:mad2::mad2::mad2:

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Recently my MP got in touch with the FSA regarding my account and repossession. She got a reply from Clive Adamson, Director Of Supervision/Conduct Business Unit. He pointed me in the direction of the FOS regarding my complaint, but he added that Swift were carrying out this redress programme, so I've written him a letter today pointing out that with the FSAs blessing, Swift have paid back less then many of us paid to them. (If your interest rate was over 8%) And on top of that they will also be keeping the interest that 2 million pounds has made them over the years instead of it earning interest in our bank accounts where it should have been.

 

I await the fudged reply.

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Hi Shoops and anyone with an M.P. helping them with Swift problems, arrears, repossession etc.,

 

Have just got an appointment with mine and the secretary asked me if I had any names of M.P.s already involved to speed things up etcso they can share info etc. instead of starting all from scratch...(makes sense!)

 

So, can anyone help with just giving M.P's name and constituency please?

 

Many thanks,

M.

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Totally agree SJ............: I can't see Swift making the effort to track down those who they previously terrorised and feel that if Swift can get away with paying out the bare minimum they will do so.

 

Our 'loan' was for in excess of £50k, but was a 'second charge' so won't be covered by the FSA ruling. I did manage to get some charges refunded, but only a fraction of what were applied............

 

Landy x

Well for all my letter writing I never got a penny back from Swift for all my charges so I am lost as to what change has happened to shake Swift into refunding anything ever.

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

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