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    • you mean you did aos on mcol yes? pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.   dx  
    • The Letter of Claim information is not absolutely essential, but it would be useful for two reasons. Firstly, judges take a dim view of companies or individuals who rush to court without giving the other party notice and a chance to settle - the Letter of Claim.  If they didn't send it we could include this point in your defence and it would be detrimental to them. Secondly, we know Countrywide.  They are a very small cowboy company.  The are reluctant to do court, simply becasue they are very bad  at it.  Their record of beating Caggers in front of a judge is exactly 0%.  They have lost every time.  They send the Letter of Claim also to look for people who don't reply, thinking that the person might not reply to a claim form either, giving them an easy default win.  Conclusion - always best to reply to a Letter of Claim and ridicule the PPC's case.
    • Any update here? I ask as we have someone in a similar situation.
    • It's possible.   I suffer from ADHD and also anxiety and depression currently and struggle with paperwork.  I'll have a search around to see if i can find anything.  If they did send something I haven't replied.   I thought there's no way that they will pursue this because I know for a fact i didn't park in a private space and the evidence they have sent is so ridiculous.   What impact does this other paperwork have? Thanks!   I already sent the acknowledgement as i panicked and thought today was the last day to respond.   Then i remembered this wonderful forum.  I'll follow the steps in the sticky next.
    • The particulars of claim doesn’t mention statement of accounts.  Should I include that in the cpr letter?
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    • 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
      • 161 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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Come together to fight Swift Advances


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A brilliant idea, although I do also believe that if there were enough of us we could find a firm to represent us. We would first need to find a way of collating veryone's evidence against them which would mean not being anyonomous etc... and exchanging contact details. I have read through thre FSA's documents relating to their 2011 fine and the fact is that they are still not behaving in a way that the FSA has set out for them to move forward in. If the FSA has taken 630,000 payment from them to fine them for their misconduct over a number of years, then the FSA should be protecting us against the result of that misconduct. We can do that if we are stronger together!

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can i suggest that everyone who has a problem writes to this man

The Rt Hon Greg Clark MP

 

Financial Secretary to the Treasury

 

HM Treasury

 

1 Horseguards Road

 

London

 

SW1A 2HQ

 

this chap oversees companys like Swift, the more people that contact him the more he will take notice

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Thank you for that info. Yesterday I spoke to Swift (third time this week) as I am currently negotiating a payment plan with them. They assured me that while that is being looked into, there would be no further £64 charges. however, I've had two. Additionally, they gave a two week period to gather together some supporting evidence of my circumstances but before that time period had elapsed they started calling me to harrass me again asking for information that was already in the post well before the deadline. The very practices they have been fined for by the FOS are still continuing. I will be writing to the OFT, FOS and the MP you suggest but don't hold out much hope as an individual complaining. It stands to reason that if the FOS took a fine from Swift but have not actually done anything to actively support the people who were affected by Swift, then we will all probably get 'fudged' responses that do not have any impact on us. The FOS on the other hand is £630,000 in credit.....

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Hi

 

I agree and I think everyone on here would too. The only problem is how do we communicate without those nosey bbb's finding out what we are doing cause we all know they read this site and others. Maybe we cld get a PO address and give everyone a form to fill in with details etc and then we can see how strong in no's we are.

 

Maybe we could even stage a protest outside their offices and invite the press ha ha ha they'd love that...okay it won't hep our cause but it might prevent others getting a loan off them.

 

I know you need 100,000 names for it to be discussed in parliament so how about organising a petition with evidence and sending it to thae MP mentioned above. I don't think you have to be a Swift's customer so you cld ask everybody you know including your granny!

 

Lets get sojething done because this has been going on far too long.

Pam

 

PS I think any barrister worth his salt would take this on esecially if he was getting paid enough!

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Hi Pam,

 

That all sounds like a good plan. I have got some information on legal action etc but am not happy about posting for the reasons you say re Swift seeing. Are you able/willing to send me a private message with your email?

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  • 3 weeks later...
OK. So clearly we may have more than a few people ready to take on Swift. I'm pleased I don't have to go this alone.

There are 2 angles to attack this issue from, The 'Class Action' I suggested and the 'Consumer Program' to raise the awareness. These I believe can go hand in hand and happen simultaneously.

I'm terribly sorry this has come too late to save some people the pain of their clearly unfair repossession, but maybe something can be done retrospectively to compensate them if we are able to stop Swift in the courts.

I

Clearly the most difficult thing initially will be gathering together to start this because of the anonymity of this forum. Equally, I have been told that Swift follow these and other forums and will be aware of what is said on here.

So we do face some challenges. Nevertheless I think we should start by getting an idea of likely numbers interested. I will an indicative discussion with some Legals to set out the idea I have, as well as try to speak to someone at the FSA about what is being proposed and the reasons I believe there are serious breaches of the law or at least the spirit of the law by Swift.

 

Pam56, are you able to find out about getting on a consumer program? I think getting on one of those would be the key to getting those 100,000 signatures we need to get this looked at by Parliament.

I'm more than happy for any other input or advice anyone can give on this matter. I am by no means looking to lead on this thing, but as I will be taking on Swift regardless of anyone else joining me, I will be going doing some of the things I said above.

Doing it together just means we can collectively get extremely good Legals and publicity to stop other suffering in silence and feeling alone against a 'giant'.

 

Come join us !!!!!!

Hi there I would love to join as I have a lot of info on how they treat people and how they through highly paid solicitors and barristers try and evict innocent victims of this just so they can get their money back by making them out to be on wrong then charge such high loan shark charges that you would be in an un fair relationship with this bank and would never be able to pay off a loan once you take it out with them can people who have had cases of problems with swift come forward too thank you

Edited by ims21
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why dont you start an invite only yahooo group?

 

dx

please don't hit Quote...just type we know what we said earlier..

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... 

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Birmingham Midshires didn't fancy going to court to justify their charges.

 

 

http://www.mirror.co.uk/money/personal-finance/man-of-steel-has-won-on-penalties-461858

 

You star Paul...shows what all your hard input has achieved. Well done matey. People should follow your example of never ever giving up. Brilliant.

 

A1

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Please join the facebook campaign against Swift!

 

Go to facebook and type in justicewith swift

 

I would urge everyone to keep any campaign firmly OFF Facebook. All too easy for swift to see who is involved and infiltrate it to keep themselves fully aware of exactly who is involved and what plans and arguments are intended so they can prepare their own responses well ahead of any proposed court action. This is incredibly dangerous.:jaw:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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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why dont you start an invite only yahooo group?

 

dx

Even with this how can people know who is genuine. Needs some serious thought before going ahead.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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

 

I've been speaking to a friend who used to work for the police and told him about my/our problem. He suggested and it is only a suggestion that we set up an anonymous user name account for emails (so swifties can't work out who you are) Then anyone interested can contact the person. That way we can work out where we all are i.e.Birmingham/Leeds/London etc. Then we can have a main contact in each place who can organise his/her fellow sufferers..

 

He also said that it stands to reason we would have

1, A copy of our agreement

2. a bank statement showing the amount deposited from Swifts (You can get a copy for about £10.00 from bank)

3. a passport/driving licence etc (He also said anyone who is not genuine holding the passport is liable for a criminal offence)

4. Alternative ID's ie. NHS Card, Gas/Electric Bill

 

and that we can always check the Electoral Register for current address. He said this would rule out the "Swifites"

 

So we wld be able to verify that the person is a genuine Swift customer. He also told me something else but I don't want to post that in case "Swifties" haven't gone to bed yet, and even if they do, do they sleep well!!

 

Haven't had any replies yet but hopefully will do. Will send people a reminder after Xmas.

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  • 3 weeks later...

Can anyone help me with this query please? or pop it onto it's own site. It's a tricky one this and I'm not sure how I stand with Swifties. My loan has finished Dec 2012. All payments made in full etc. I still have owing on the a/c "arrears charges & interest" but obviously I have fulfilled the "contract/agreement" I made for payment over 5 years of the original loan. So does the contract still exist or does a new one have to be made to clear the charges. Also if this is the case will they be able to add any further charges i.e. management/late payment fees etc. until such a contract is drawn up. Obviously I have not given any permission or signed any further documents re these charges

 

Thanks Pam

 

I am currently contesting the charges and will take this to court if I have to.

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no way

 

dont pay the charges!!

 

get reclaiming

 

dx

please don't hit Quote...just type we know what we said earlier..

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... 

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Hi Exactly. I am reclaiming unfair charges but I believe that I read somewhere that certain fees have to be paid it's whether the aount is fair or not? i.e.£25 for a letter when cost should be no more than £12 according to FSA?Just trawlin tru the acturial account at the moment.

 

Pam

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WRONG!!

 

the FSA etc gave NO_ONE permission to charge ANY fees

that they cannot accurately detail WHAT the level of the cost actually pays for.

 

£12 is NOT acceptable either if they will not detail their breakdown

 

also remember

 

that £12 thing was ONLY for BANK ACCOUNTS.

 

it gives/gave, no permission to any other financial matters to use its guidelines.

 

dx

please don't hit Quote...just type we know what we said earlier..

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... 

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Hi

 

I'm totally confused now.

 

What do you suggest.

 

I thought in the FSA ruling re 1st mortgages

 

that they said that any charges had to reflect the actual cost and on the money site it said that in a court case/ruling ??

(can't remember exact details) that anything above £12 would be considered unfair.

 

I've heard that no-one has successfully had charges refunded from Swifts

 

so was trying to get charges cut in half rather than not pay anything.:???:

Pam

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i know of no FSA ruling in relation to 1st mortgages? have i missed something sri?

 

the ruling you speak of, in regard to the £12, was actually SOLELY concerning bank accounts.

 

but eitherway, a PENALTY charge is a PENALTY charge, whatever its size.

 

and they must justify it with a breakdown of costs, which you will never get.

 

get them all back + interest at their rate.

 

dx

please don't hit Quote...just type we know what we said earlier..

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... 

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your original contract will still stand as the charges were accrued under that contract. Mine has been with the FOS since April 2012 as that was when my loan finished, however the nice poeple at Swift are still charging monthly interest. If you take them to court you will lose so be prepared to lose any assets you have including your property, Swift bring in an army of barristers and YOU will have to pay their costs. Sorry to be so negative but that's the way it is.

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