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    • Morning, I purchased a car from Big Motoring World on 10th December 2023 for £14899.00. On the 15th December I had a problem with the auto start stop function of the car in which the car would stop in the middle of the road with a stop start error message. I called the big assist and the car was booked in for February. The BMW was with them for a week and it came back with the auto stop start feature all fine and all error codes cleared on the report from big motoring world. within 5 days I had the same issue. Warning light coming on and the car stopping. I called big assist again and the car was again booked in for an other repair in May. Car was taken back in may, they had the car for a week and returned with the report saying no issue with the auto stop start feature and blamed my driving. Within 5 days of having the car back it broke down again. This time undrivable. I had the rac pick my car up and take to Stephen James BMW for a full diagnostic. The diagnostic came back with the car needing a new fuel system as magnetic swarf was found.  I have sent big motoring world a letter stating all the issues and that under the consumer rights act 2015 I have asked for a replacement vehicle. all reports from Stephen James BMW have been sent over to big motoring world. Big motoring world have come back and said they will respond to my complaint within 14 days for the date of my complaint letter. I am not feeling confident on the response from them, what are my next steps?   Thanks in advance. 
    • That is really good is that a mistake last off "driver doesn't have a licence" I assume that should be keeper? The Court requested me to send the Court and applicant proof of my sons disability from their GP this clearly shows he has Severe Mental Impairement, he is also illiterate.  I naively assumed once the applicant received this that they would drop the claim.  It offends me that Bank has asked the Judge to throw the case out at the preliminary hearing and to make us pay up.
    • Hi, we are looking to get some opinions on weather or not to bother fighting this PCN. This comes from a very big retail park parking where there are restaurants, hotel, amongst other businesses. The parking is free but I suppose there must be a time limit on it that I am not aware of. We were in the area for around 4 hours. Makes us wonder how they deal with people staying in the hotel as the ANPR is on what appears to be a publicly maintained street (where london buses run) which leads to the different parking areas including the hotel.  1 Date of the infringement 26/05/2024 2 Date on the NTK  31/05/2024 3 Date received 07/06/2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  YES 5 Is there any photographic evidence of the event? Entry and exit photos however, based on the photographs we are almost sure the photos are taken on public street. This is the location I believe photos are taken from.  https://maps.app.goo.gl/eii8zSmFFhVZDRpbA 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? UKPA. UK Parking Administration LTD 8. Where exactly [carpark name and town] The Colonnades, Croydon, CR0 4RQ For either option, does it say which appeals body they operate under. British Parking Association (BPA) Thanks in advance for any assistance.  UKPA PCN The Collonades-redacted.pdf
    • Thank you for posting their WS. If we start with the actual WS made by the director one would have doubts that they had even read PoFA let alone understood it. Point 10  we only have the word of the director that the contract has been extended. I should have had the corroboration of the Client. Point 12 The Judge HHJ Simkiss was not the usual Judge on motoring cases and his decisions on the necessity of contracts did not align with PoFA. In Schedule 4 [1[ it is quite clearly spelt out- “relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—(a)the owner or occupier of the land; or (b authorised, under or  by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land; And the laughable piece of paper from the land owners cannot be described as a contract. I respectfully ask that the case be dismissed as there is no contract. WE do not even know what the parking regulations are which is really basic. It is respectfully asked that without a valid contract the case cannot continue. One would imagine that were there a valid contract it would have been produced.  So the contract that Bank has with the motorist must come from the landowner. Bank on their own cannot impose their own contract. How could a director of a parking company sign a Statement of Truth which included Point 11. Point 14. There is no offer of a contract at the entrance to the car park. Doubtful if it is even an offer to treat. The entrance sign sign does not comply with the IPC Code of Conduct nor is there any indication that ANPR cameras are in force. A major fault and breach of GDPR. Despite the lack of being offered a contract at the entrance [and how anyone could see what was offered by way of a contract in the car park is impossible owing to none of the signs in the WS being at all legible] payment was made for the car to park. A young person in the car made the payment. But before they did that, they helped an elderly lady to make her payment as she was having difficulty. After arranging payment for the lady the young lad made his payment right behind. Unfortunately he entered the old lady's number again rather than paying .for the car he was in. This can be confirmed by looking at the Allow List print out on page 25. The defendant's car arrived at 12.49 and at 12.51 and 12.52  there are two payments for the same vrm. This was also remarked on by the IPC adjudicator when the PCN was appealed.  So it is quite disgraceful that Bank have continued to pursue the Defendant knowing that it was a question of  entering the wrong vrm.  Point 21 The Defendant is not obliged to name the driver, they are only invited to do so under S9[2][e]. Also it is unreasonable to assume that the keeper is the driver. The Courts do not do that for good reason. The keeper in this case does not have a driving licence. Point 22. The Defendant DID make a further appeal which though it was also turned down their reply was very telling and should have led to the charge being dropped were the company not greedy and willing to pursue the Defendant regardless of the evidence they had in their own hands. Point 23 [111] it's a bit rich asking the Defendant to act justly and at proportionate cost while acting completely unjustly themselves and then adding an unlawful 70% on to the invoice. This  is despite PoFA S4[5] (5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 9[2][d].  Point 23 [1v] the Director can deny all he wants but the PCN does not comply with PoFA. S9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN only quotes the ANPR arrival and departure times which obviously includes a fair amount of driving between the two cameras. Plus the driver and passengers are a mixture of disabled and aged persons who require more time than just a young fit single driver to exit the car and later re enter. So the ANPR times cannot be the same as the required parking period as stipulated in the ACT. Moreover in S9[2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; You will note that in the PCN the words in parentheses are not included but at the start of Section 9 the word "must" is included. As there are two faults in the PCN it follows that Bank cannot pursue the keeper . And as the driver does not have a driving licence their case must fail on that alone. And that is not even taking into consideration that the payment was made. Point 23 [v] your company is wrong a payment was made. very difficult to prove a cash payment two weeks later when the PCN arrives. However the evidence was in your print out for anyone to see had they actually done due diligence prior to writing to the DVLA. Indeed as the Defendant had paid there was no reasonable cause to have applied for the keeper details. Point 24 the Defendant did not breach the contract. The PCN claimed the Defendant failed to make a payment when they had made a payment.   I haven't finished yet but that is something to start with
    • You don't appeal to anyone. You haven't' received a demand from a statutory body like the council, the police or the courts. It's just a dodgy cowboy company trying it on. You simply don't pay.  In the vast majority of these cases the company deforest the Amazon with threats about how they are going to divert a drone from Ukraine and make it land on your home - but in the end they do nothing.
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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.

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      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.

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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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Im in a big mess but I am making positive steps to get out of it. I am on a debt management plan with cccs but unbeknown to them I also have 4 payday loans. I have made arrangements to settle three of them with WDA, LENDING STREAM, POUNDS2DAY, I stupidly got PDL out after DMP was set up.

but My problem is I have still got a payday loan with swift sterling and havent missed a payment. I have been keeping it going for nearly a year and feel as though I rely on it to pay basic bills now. I am a lone parent with two teenage sons and literally I spend £30 a week on food which is ridiculous. Its pizzas and loads of pasta. I feel so bad that I cant provide properly.

 

I have made a plan that I will have finished three of my payday loans by May 2011 which is just a breath away, but when you are living every day with your stomach in a knot and then going to work trying to be normal it is not easy. I am so tempted to default on my swift sterling loan but I don't want to be hassled at work as I will be so humiliated and I haven;t told anyone. There is a phone in a small staff room and in the past I nearly died when financial plus left messages for me. I was so nervous at work as sometimes if theres a message, a collegeuge will just play it out loud as its usually an internal business message. I caught a couple of messages for my debts in the past and in the end I had to repot Financial plus to the financial ombusdman for harrassment, I dont want to experience that agin with swift sterling who are based in malta I believe although loan agreement says loan is taken out under english law.

 

Any advice will be gratefully recieved, Thank You

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Hi,

 

Did you manage to sort out some arrangement with Swift Sterling. I'm now in more or less the same boat, I made a few loans witht them since January and always paid it in full, June I suffered heavy financial set backs, which led me to default on my loan, I have however notified Swift Sterling a few weeks before it was due that I will not be able to pay the full amount and if they could set up an arrangement to have it paid off on a month basis.

 

They didn't accept, but I still paid £100 in June and another £100 last month, the amount I lend from them was £650. Their debt collectors called on Saturday and said I must pay over £800 in full else legal action will be taken where I will be liable for all costs. I was so upsed when I heard this despite trying to pay it up I told the rud agent to proceed. My daughter has Chicken Pox and I'm so tyred from work and studies which is why I told them to proceed cause there's nothing I can do.

 

I still wanted to explain to him about my situation and he said he wasn't interested and hung up. I had another loan with txt loan, but they happily agreed to accept £50 per month, I'm currently paying £60 per month.

 

What can I do please, what can I do.

 

Any advice will be greatly appreciated.

 

Thanks!

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Hello,

 

Well I didnt settle three payday loans by may which I had stupidly thought I could. I now pay my payday loans £5 per month by standing order.

 

Swift sterling passed my debt to clarity- Do not speak to them on the phone, they are so rude and talk to you like a piece of ****. If clarity call me, I will not confirm my personal details then they cant go any further.

 

A woman at clarity told me if I didnt pay in full there and then a warrent of execution will be issued. I explained that she is lying because that can only be issued if you default on a county court judgement then she accused me of saying I was refusing to pay.

 

I continue to pay £5 a month to swift sterling direct and emailed clarity to tell them what I was doing- haven't heard from them since. IGNORE clarity threats of doorstep collectors and warrents of execution- just pay what you can afford to swift sterling- that's all you can do.

 

Good luck

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It is very upsetting to be spoken to without consuideration by phone , therefore never talk on phone, always email, then you have proof of trying to resolve your debt.

 

The people who phone are not interested in your personal circumstances or the stress you are under, they think they can bully you into paying. They have no idea that you may be sitting there with no electric or food. Look after yourself and family first.

 

Set up a standing order to swift sterling and pay something small every month, ignore all phone calls and politely reply to letters by email.

 

Swift sterling bank details are

 

Account no: 00744802

sort code; 30-00-09

reference- important- your personal loan number- 8 digits long

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Thank you for the information, I will let the debt collectors know by e-mail that I'm paying towards my debt and will be setting up a standing order starting at the end of August. One last question though, what will happen if they issue a CCJ against me, even though I'm paying it off?

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You are unlikely to get a CCJ simply because you are not refusing to pay. If you did get a CCJ , you fill in a form stating your offer of e.g £5 per month, then the court accepts it. you then make your payment to a solicitor and carry on. It is not a criminal offence to be in debt but a civil offence. Pay day loans are unsecured debts so they are not a priority in the eyes of the court.

 

Payday loan companoes dont usually pursue a ccj because their interest rates are unjustifiable. Never pay more than the original loan + one months interest- swift sterling add £59 defult fee to that then it never goes up. I got a loan for £620, interest was £185 then they added £59 fee. My total balance was £864. I now owe £815.

 

You probably already know this but Cancel your debit card- report it lost otherwise they will take your money.

 

Good luck

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Brownstone,

 

One last thought. If your original loan was £650 and you have made two payments of £100. You do not owe more than £800 as the phone call told you. Just keep track of your balance and dont pay a penny more. they are trying it on.

 

So it is £650( original loan) + interest + £59 default fee, minus £200.(you paid) - keep a written record of payments made and it will also appear on your bank statement.

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Hi I am slowly escaping from payday hell With my banks support I have cancelled my old debit card and have a new one and all but the odd transaction are now rejected when my old card is used. I have not let the many payday loan companies \i owe money to know my new card number and the ones I have agreed payment plans with have agreed to let me pay by direct transfer. It has not been easy I have had obnoxious phone conversations and annoying numbers of calls .Empowered by information on this forum i decided to stop the hold these loans had on my life.

There are two companies who will not budge on repayment plans, SWIFT STERLING and CAPITAL FINANCE ONE. These have threatened doorstep collectors court judgements, attachment of earnings etc all intimidation. My file for swift sterling has been passed to a DCA and have heard from them today. They refused any kind of payment plan and went quiet at the mention of a part payment. Apparently I have 34 days to pay in full before my case is passed back to swift sterling for a county court judgement. Didnt like their attitude but I was firm and said I would not be able to pay in full. This will be the last time I talk to them on the phone it will all be done by phone. I now have swift sterlings bank details and will keep paying them small amounts.

The situation I hav got myself into has been hell and I still have bad dayswhere i suffer self doubt and panic. I do now feel that I am in control of my own situation and no longer care about my credit rating the last thing I need is more credit. Thanks for all the advice I have received its been a lifesaver. Ill keep you posted.

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I think it is safer to set up a standing order NOT a direct debit as I think they can change the amount payable with a direct debit.

 

If you answer phone, dont clarify 'security' details then they cant go any further. Clarity DCA phoned me the other day (tuesday) and I explained that I would like to correspond by email only. I expalined I had sent an email on saturday and clarity had not yet responded to it.

 

The man on the phone said to me 'all the more reason that I talk to you now" and I replied 'no, all the more reason you respond to my email" they still havent responded despite saying they will respond in 2-3 working days, 5 working days have now passed. Thats how urgent it is.

 

Dont be bullied by phone calls and continue to pay what you can afford by standing order. Even when they wont agree to payment offers and they wont set up a repayment plan, they cant refuse your payment so keep paying. - You are in control- not them. !

 

Good luck, it is a great relief to take control. I am in it with you.

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Swift Sterling will have problems if they go for a County Court Judgement, if you do get court paperwork let us know and you can acknowledge online (they will probably use Norhampton bulk court) and I can draft a defence.

 

They are NOT automatically granted these CCJs (contrary to popular belief amongst their staff) and are very easily defended with a straightforward common sense defence - they have very little to move on legally and this can be spelt out to the judge, but as long as you have been trying to come to an arrangement they can be beaten.

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Hil

Thanks for the reply and encouragement. The DCA i have been allocared are credit resource solutions I think this is because they are local to me. The guy just didnt seem to want to talk about anything other than full paymentand I pointed out that had that been possible we wouldnt have even needed to know of each others existence. I dont yet have an email address for these people but I apparently have a letter coming to me. As I said earlier I am going to regularly pay what I can afford direct to Swift Sterling . I dont understand why a debt collection agency would be handed the file for 34 days and then it is passed back , presumably to scare and harrass you into payment. When I didnt appear ruffled by threats of court, awful credit ratingds,attachment of earnings he kind of ran out of steam.

Can anyone explain what happens when you receive a county court summons, I have never needed to know before I stupidly let myself enter the payday loan nightmare?

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If you get a 'summons' it will be some paperwork (usually from Nothampton Bulk Court) and you acknowledge it online, defending all of the claim... then get back to us with the particulars of claim (this will be what they base their argument on and is in a little box on the left hand side at the bottom of the form).

 

We then help with a defence which is free, the defence is lodged with the court and then it is transferred to your local court for a hearing. Sometimes they transfer it to a local court to you before you file the defence but this seems to be rare now... once you file the defence they have to reply with their allocation questionnaire (AQ) and pay money to the court (you don't do this when you file yours) and usually at that stage they run away (discontinue) or the court asks for mediation.

 

In the mediation hearing the companies have caved in as they cannot explain how they get £150 or £300 up to £1.700 (yes, I've seen it go as high as that with 'daily interest, daily default interest, statutory daily default interest and multiple charges including £35 per letter sent - allegedly 12 but none were ever received and they couldn't produce them for evidence).

 

Keep all your emails to them and log any phone calls, as it can be used in evidence, as can a list of all monies paid to them to date.

 

They have usually relied on getting judgement by default through the defendants ignorance in how to defend but these days it is becoming rarer as people google and come up with this site and others.

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Just a little update for you. I defaulted with swift sterling in March, I have been paying £5 a month by standing order since, even though they wouldnt set up a repayment plan.

 

Today I recieved a letter from clarity accepting my offer of £5 per month on my balance of approcx £800. So stick to your guns on whta you can afford.

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Hi thanks for that reply I am just about to email swift sterling and consumer resource solutions the DCA to say I am paying £10 a month by direct transfer to swift sterling direct. I take it that you didnt get a court summons? Were you threatened with this? My Dca have said that in 34 days the case will go back to swift sterlings to go to court. It is very encouraging that they have accepted your repayment plan.

Has anyone actually been taken to court by swift sterling? I only defaulted in June ( the end of the month.) Thanks for all this advice and helpful hints just goes to show a problem shared is more than halved.

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I was threatened with doorstep collectors and court action, it's their usual bullying tactics to make you pay- but if you can't afford it there's nothing they can do. It is upsetting and worrying when they keep hassling you but don't be intimidated by them as it will pass.

 

Dont talk on the phone and just keep paying small amounts by standing order, if you are paying something you are taking responsibility for your debt so they are unlikely to take court action. So many people are struggling to repay their payday loans, it is a huge mission to take eveyone to court and dont forget they are ripping us off in the first place with extortionet interest rates.

 

If they ring dont verify your personal details but just say you will email them. If you email them ,keep saying the same thing. I told them I was in financial difficulty and I will be paying £5 a month to swift sterling direct. I said I take full responsibility for my debt and I will clear it in full but I can't commit to a time limit on this. I will be paying £5 for the forseeable future.

 

I didnt expect them to ever agree to it. Then I got the letter confirming a repayment plan of £5 a month. The hard bit is getting through the initial bullying threats from them.

 

Im not sure if they have taken any one to court but if they have I would assume it was a non payer.

 

Good luck - keep plodding on.

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Hi

Thank you for posting bank details for swift sterling . Do you know which bank this is with ? Also how did you get your loan ref no because when I log into the site I cannot access my loan information anymore?

Thanks

Josie1

 

It is very upsetting to be spoken to without consuideration by phone , therefore never talk on phone, always email, then you have proof of trying to resolve your debt.

 

The people who phone are not interested in your personal circumstances or the stress you are under, they think they can bully you into paying. They have no idea that you may be sitting there with no electric or food. Look after yourself and family first.

 

Set up a standing order to swift sterling and pay something small every month, ignore all phone calls and politely reply to letters by email.

 

Swift sterling bank details are

 

Account no: 00744802

sort code; 30-00-09

reference- important- your personal loan number- 8 digits long

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