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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 
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    • 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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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.

 

Whilst I take on board your concerns in relation to a costs award. Why are you so confident that the court would find Swift's charges enforceable?.

 

Also I understand that a penalty charge is unenforceable in it's entirety not just a part of it.

 

PW

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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well firstly you have to find a barrister that will take them on, that in itself is very hard. Swifts legal team have so much experience in fighting these cases that they have never lost a case against a 2nd charge mortgage and only once against a first charge mortgage. Go and have a look on other forums and read about others that have tried to take them on, they have ended up £1000's in debt.

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anyone tried MCOBS on them?

 

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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Here I am still awake at 6.11 writing my letter to Swifties (hope they are all having nightmares:lol:). Just read an article that says "...that they will not be enforced if they are found to be penalty or unfair charges" and that is exactly what they are!!! So yes I will be asking for them back! And if I have to go to court then not only will I go but some of my relatives will be staging a little demo outside so we get coverage, maybe it'll help some poor s-ds not gettng hooked by them. My neice at BBC is giving me loads of info on how to get media coverage:-)

PAm

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Oh just another quickie question. Does anyone know what is the correct term for a history of work undertaken & phone calls etc. I have the accrual accounts but wanted to see a copy of our contact , letters sent etc. Reason - they took litigation action as they said I had not responded to them, even tho' I was making extra payments towards the arrears.

Thanks PAm

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Oh just another quickie question. Does anyone know what is the correct term for a history of work undertaken & phone calls etc. I have the accrual accounts but wanted to see a copy of our contact , letters sent etc. Reason - they took litigation action as they said I had not responded to them, even tho' I was making extra payments towards the arrears.

Thanks PAm

 

You should find them in the History notes which comes with a DSAR, for the sake of expediency you could phone and ask them for a copy of just that and they might send it and don't forget you can get transcripts of telephone conversations too if you ever needed them on disc. I'd only ask for those if they contain particularly detailed information though.

 

Anything Swift don't want you to see or which in any way incriminates them they'll delete.

 

HTH and good luck..

 

A1

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Thanks Andrew

 

For the mere sum of £10 I'm going to ask them for every single item they've got ...it'll give them something to do and I'd get great satisfaction too:lol: Probably the most satisfying 10 I'll ever spend.

Pam

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Thanks Andrew

 

For the mere sum of £10 I'm going to ask them for every single item they've got ...it'll give them something to do and I'd get great satisfaction too:lol: Probably the most satisfying 10 I'll ever spend.

Pam

 

You'll get many documents with redacted black lines across them, don't worry too much because we know much of what is underneath now, but you need to study the History notes. Come back here once you have the package and I'll give you a hand identifying some of what you will be needing.

 

A1

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  • 2 weeks later...
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

 

Hi John

 

I too want to complain to this chap, as far as you are aware are these contact details still correct?

 

Regards

 

Hunter78

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  • 2 weeks later...
  • 1 month later...

Contacted which.Same problem as everyone else 7 grand charges on a £13000 loan payed £21600 over 6 years last payment due next month balance of account 7000 and no arrears robbing (*******) Swift loans.

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Contacted which.Same problem as everyone else 7 grand charges on a £13000 loan payed £21600 over 6 years last payment due next month balance of account 7000 and no arrears robbing (*******) Swift loans.

Unfortunatly in the eyes of Swift your loan is not finished nor completed untill all monies including all charges have been paid in full and none payment is likely to lead to default and repossession proceedings started on your property.There is no easy solution for this other than to pay up and challenge the charges and hope you can reclaim them back.

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  • 1 month later...

Hi looking for some info on this company my mother had a secured loan with swift advances and told them and wrote on contracts no insurance wanted but she also went through a broker who is no longer trading.phoned the fos and they told me they can.t make a complaint with swift but we can try with the underwriters but she will have to get all that info first so will sar them .with both the broker and swift they where both told no insurance also after 2 years she paid it off had to pay a penalty charge for early payment also only ever got just under 200 back from the ppi which was a few grand .she paid more back than she borrowed even with the payments that was made for 2 years is this all right.any help would be great.

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There's a lot to take on with Swift and a lot going on trying to bring them to accept a little transparency.

 

Firstly, I would approach Swift and apply for your SAR. Much of it will be redacted (Blanked out) which will be of any use but at least you'll have a full record of everything that went on even if you haven't kept things yourself.

 

To be honest, it might just be worth while Keeping it Simple and just sending them a copy of what you have confirming that no insurance was required and asking for the monies + interest at whatever rate they charged you, are repaid and see how far you get. The more you appear awkward the more their resistance cranks up so do the Keep It Simple route first and then come back here....Any dealings with the broker for PPI will be bounced back by Swift as something you need to take up with the broker (despite the broker going bust), but I think you'll find Swift are responsible for what the broker did especially if you have the evidence to support your claim.

 

If you're reasonable with them, then they may be reasonable with you, but don't hold your breath!

 

Good luck.

 

A1

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Hi thanks for my mother as found a copy of the agreement they sent us after we asked for it in 2006 this is what it says we borrowed 26395. Ppi 3695.30 loan payment every month 345.03 we paid this off end of october 2006 and repaid 31608.67 received about 200 back for ppi and last wk swift sent my parents a check for 400+ as they overcharged them the redemption fee.also we used a broker who signed as a witness it says but didn.t sign it in front of them as they never met him as my mother worked nights and slept during the day and at the time was doing over time but there is no broker fees on there and he.s put down that he.s a rep of somekind can.t read is writing so hard to know. If no broker fee is it swift or the broker i.m going after.hope u can make sense of what i.ve put down.

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They would have paid the broker something and so would your mother I would suggest.

 

Go back through the whole agreement including the introductory letter they sent you and check, double check and check again.

 

Did you actually borrow £26395 or did she actually borrow less, but the total comes to that?

 

Pop up what she applied for, the charges etc and the PPI - was this a Consumer Credit Act regulated Agreement or Unregulated? It'll say so on the top of the Agreement.

 

A1

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Hi borrowed 26000 395 we is for the legal and documentatio fees and its unregulated.broker is no longer trading.

Theres two things you need to do regarding your complaint/s. If you are making a complaint regading the possible misselling of PPI and the broker is no longer trading then you should send your complaint to the Financial Services Compensation Scheme (FSCS) Dont forget tho just because you had PPI this does not make it an automatic refund,PPI in itself is not illegal, the process in which it was sold to millions is whats in question not the policy itself.

Regarding complaints about possible excessive charges then this complaint goes to the Financial Ombudsman Service (FOS) Details to be sent with your completed complaint form would be whats is returned from Swift following your SAR.Good Luck!

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Hi thanks for that info my mother was deffantly mis sold the ppi not only did she tell them she didn.t want it she crossed it out on the application form and wrote do no want insurance on it when she paid it off she askef for a copy of the application from swift and it was different where you filled your details out where missing just your signtures and what you had was on there. Also the broker we used signed it as a rep who said he checked their id and met them which he never he posted it my parents signed it and then when he got it back he signed it.he done a drive by valuation so never went into my parents house as my mother works nights.

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