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    • If you are buying a used car – you need to read this survival guide.
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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 
      • 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
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swift advances and FSA and others


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I am so sad to read how you are feeling about this but please don't give up.... Swift have made my life a misery too and continue to do so. So many people have gone to the OFT and the FSA individually but are not getting the help, support or justice they need. This is criminal when you conside that the FSA has pocketed a fine of over 600,000 from them for their misconduct. We have to all do this together and take class action. That way, we can get the legal help we need and if necessary take the company to the European courts.

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I sent for my Accurial Account too. Rang u and they sent it within 3 days. Maybe they're starting to panic!! Also look at your interest whether it's compounded or simple (Look in the column marked simple) The law on this changed in 2008 and only simple interest could be charged. Try & find an accountatnt who will go through it for you with a fine toothcomb.

 

Pam

 

Thanks for that info Pam. I spoke to a litigation manager at swift yesterday who said that the 'problem' with my account was in fact the compound interest. So that is very helpful and I will follow up.

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  • 3 years later...

hi everyone

 

I am in a similar boat, I took out a loan in 2007 with swift for £10,000 now ten years later and £17,000 later they are still demanding I pay £24,000 or hand over my home. I am a singe parent with 5 children.

 

I am now considering taking them to court to fight this all the way.

 

I want to know if anyone has ever took swift on and won a case on misconduct or otherwise.

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hi everyone

 

I am in a similar boat, I took out a loan in 2007 with swift for £10,000 now ten years later and £17,000 later they are still demanding I pay £24,000 or hand over my home. I am a singe parent with 5 children.

 

I am now considering taking them to court to fight this all the way.

 

I want to know if anyone has ever took swift on and won a case on misconduct or otherwise.

 

What is it you feel is the issue? Many people have taken Swift to court and they will fight every case fully unless they are 100% in the wrong and even then they will stretch you.

 

Get yourself some proper legal advice before going anywhere near a court with them. Within the terms of your loan you will find that they can add the costs of their defending claims to your loan. Any action you take against them will be met by them taking advice from expensive barristers and adding that cost to your loan which in turn attracts contractual interest.

 

There are many many people who have had a considerable amount of costs added to what is already an expensive loan, so be very careful.

 

There are many groups of people stripping Swift and their practices apart and Swift are a well oiled machine in getting all their legal costs paid for whilst their customers struggle to meet their payments - if you take them on - you are likely to lose your home, be warned and be very careful because they are without moral compass.

 

I would suggest you google Swift Advances and follow links to a number of forums, including this one who have been fighting for a long time to get justice, but it is very slow and Swift are as slippery as a can of worms. I speak from experience and if you have no experience in court you will lose, even if you are right as the courts and barristers can twist things better than Chubby Checker and Swift know how to work the system.

 

Whatever you do, avoid missing payments or ensure you have some kind of payment plan set up to not give them any opportunity to kick off litigation.

 

I would apply, if you do not have every document, for a Data Subject Access Request to get a record of all your initial application documents from them and records, statements etc. Get copies of your brokers documents.

 

Start a new thread for yourself on Cag and put a link to it here so people can follow what you do and try to assist, but please do not go off on your own against these people because I guarantee you will lose more than just a court case.

 

People have gone deeply into Swift and lost many thousands of pounds in legal costs and still lost their homes. If you have equity, they'll have it, not your children so be very careful.

 

I personally cannot get involved in helping on here much, I've had my day and can't get involved again, all I can do is warn you to be extremely careful and I know an awful lot of Swift Account holders who have come to the forums to get help, far more than most.

 

Read as much as you can about them before going anywhere near them with legal threats. It bounces off them like water on a ducks back and they'll just look at your equity and lick their lips with joy.

 

I wish you luck, but try and get out of their grips by some kind of refinancing and if the appetite allows, come back at them from the outside once they no longer hold a grip over you.

 

They are asset lenders of the worst possible kind.

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