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    • Include that in your witness statement along with that letter as an exhibit.
    • Yup, well so far they have lied to me about responding to a CCA,  are threatening me with a default notice that they don't have, produced a knocked up version of my NOA, sent me 29 pages of spew for an agreement. No wonder they pay 5 p in the pound for that crap.
    • Paragraph 2. I think there should be further down and also you should make the point that the payment to was made unilaterally and without the imposition of any conditions. Paragraph 3 – this is unnecessary because you are not claiming as an entitled third-party. This worries me because it makes me feel that you haven't fully read around because this is a paragraph which you would include where you were suing EVRi as a beneficial third party because you had actually made your contract with Packlink or some other broker. I think you need to revisit and do some more reading. I'm afraid I have a sense that you have simply copied this from somebody else's witness statement without understanding that it wasn't necessary. Please can you post the amended draft. Other than the suggestions above, it looks okay – but let's see it again for a further appraisal. In terms of the evidence, parties bundle, I think it might be an idea to start off with the correspondence with EVRi and then go onto the other evidence. You will have to amend the index page accordingly. You could shorten this bit. Take 19 is pretty well blank and you may as well miss it out also, there seems to be some repetition of emails and the email chain. I think will be worth going through and getting rid of duplicates if you can. 49 pages is a bit long and it would be a good idea to try and reduce the number. I have a feeling that 50 pages as the County Court limit anyway. The judge will be happier with you if the bundle is smaller. Maybe you could reduce the size of some of the images or messages et cetera. You have got several messages which straddle onto a second page so that things like sign off information and standard confidentiality information become orphans. A bit of manipulation and they could be joined to their parents I think. Page 31 as an example. So is page 19. You may only be up to shorten the whole thing by 56 pages – but I think it would be a good idea. 56 pages is, after all, 10%. If you can do more then so much the better
    • Investment by Dutch brewing giant will create 1,000 new jobs and reopen dozens of closed pubsView the full article
    • Qantas agrees to pay millions to settle lawsuit accusing it of selling tickets to cancelled flights.View the full article
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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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    • 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.
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      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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Libor Mortgages.


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Watching the news today the experts seem to be divided as to whether people have been hard done by. My own view is that the Libor should be very close to the standard bank rate.

LIBOR fell to a record low of 0.54% in September 2009, bobbed around that mark for a while and then began to edge higher. It stabilised a little above 0.60%, representing a 10 basis point gap with the UK bank rate (base rate) of 0.50%.

Before the start of the 2007-08 credit crunch, the gap between the base rate and three-month sterling Libor was around 10 to 20 basis points. remains within pre-credit crunch levels. The gap widened massively (see below) in autumn 2008 but then was back to 'normal' in late 2009 and 2010. In August and September 2011, it moved out of the 'normal' range again, although not to the extent seen in the credit crunch.

Key points:

  • The fear measure gap or 'spread', worryingly, increased from 25 points to 59 points in 2011, and was a rise from just 4 points at the post-banking crisis low in mid 2009.

  • This gap was 10 to 20 points during 'normal' pre-credit crunch conditions.

 

Read more: http://www.thisismoney.co.uk/money/markets/article-1645325/LIBOR-Latest-inter-bank-lending-rate-charts.html#ixzz1z5PMlTeF

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There's another more worrying concern I have on this. Barclays funded the sub-prime market and our loan provider was completely funded by Barclays and we are told that the interest rates were linked to Libor. Since 2006 our loan has increased in interest rate 5 times when the bank rates and Libor have tumbled.

 

Fine, but I now read all this about alleged criminal offences being committed and fraud in Barclays which has just seen one big head roll and no doubt countless legal claims being made against Barclays as a result.

 

If that is the case and litigation is being taken by the sub-prime lender against the borrower with potentially repossession at it's core, is there not a case for litigation to be suspended on the grounds that this is a 'Proceeds of Crime' issue and borrowers would not know if they are paying money which is subject to a criminal offence being committed and paying far too much?

 

I can't see how a lender can assess a correct amount owed or whether they have been charging too much interest throughout the term of the loan no matter how 'innocent' the lender may be (if you can call any lender in the sub-prime market 'innocent!) if a criminal offence has been committed then I think litigation should be suspended....any thoughts on that one too?

 

A1

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I have not read anything about recent events on this topic.

 

However, suspect the LIBOR rate would be artificially lowered by the banks, to make their businesses appear more financially stable, and create a better (credit) rating thereby enabling greater access to better priced money.

 

This in turn would make the UK look a safer nation for banking, so its not difficult to see the government pushing the same agenda.

 

From this (unless there are other related events not covered) the rate fixing would work in the favour of borrowers.

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I checked through the details earlier today - and they did lower the rates, so for mortgage holders it was actually beneficial.

 

The only losers would be people with invested vehicles from institutions found fixing rates, and tied to the LIBOR rate, as effectively with the rate being artificially fixed they theoretically received less than their entitlement in returns.

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I have a Libor Tracker Mortgage. This has gone up over the past few years while the Bank of England rate has stayed at an all time low.

LIBOR soared during the worst phase of the credit crisis in 2008 and 2009 and then plunged as the authorities reacted to protect banks and push down the cost of lending.

Key points:

 

  • The fear measure gap or 'spread', worryingly, increased from 25 points to 59 points in 2011, and was a rise from just 4 points at the post-banking crisis low in mid 2009.
     
  • This gap was 10 to 20 points during 'normal' pre-credit crunch conditions.

There is no way I have benefited from Libor.

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I have a Libor Tracker Mortgage. This has gone up over the past few years while the Bank of England rate has stayed at an all time low.

LIBOR soared during the worst phase of the credit crisis in 2008 and 2009 and then plunged as the authorities reacted to protect banks and push down the cost of lending.

Key points:

 

 

  • The fear measure gap or 'spread', worryingly, increased from 25 points to 59 points in 2011, and was a rise from just 4 points at the post-banking crisis low in mid 2009.
     
  • This gap was 10 to 20 points during 'normal' pre-credit crunch conditions.

There is no way I have benefited from Libor.

Hi - I thought I heard something about this kind of 'manipulation' going on for years, from much earlier - is that right and where can I look for information re rates around 2002 - 2006 to see if they were higher rather than lower. Is this too basic an idea about costs to the consumer? thanks

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Hi - I thought I heard something about this kind of 'manipulation' going on for years, from much earlier - is that right and where can I look for information re rates around 2002 - 2006 to see if they were higher rather than lower. Is this too basic an idea about costs to the consumer? thanks

 

Here's what your looking for: http://www.global-rates.com/interest-rates/libor/british-pound-sterling/british-pound-sterling.aspx

 

goes back to the 1980's.....

 

First step is to check and use the charts to establish what the libor rate was - and cross check it against what a lender charged you as being the libor element of your loan.

 

Having said that, recent reports clearly identify that the libor rate was manipulated - so the issue is.... can any borrower be sure that the Libor quoted to them in interest rate notices sent by lenders was the correct rate even if it matches what the published libor rates say? (regardless of whether the rates were manipulated up or down) - The answer against the evidence in the public domain is a resounding - NO!

 

Best not to fall into the trap of assuming that the investigation was to do with Barclays per se - The investigation was set to look in to the matter of manipulation of the LIBOR rates....

 

Have a look at the detail of the fines on Barclays by the USA and the UK authorities to-date:

 

http://online.wsj.com/public/resourc...rder062712.pdf

 

http://www.fsa.gov.uk/static/pubs/fi...lays-jun12.pdf

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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  • 1 month later...

Reports suggest LIBOR was artificially inflated prior to the crisis. Attached is what Swift Advances said about how loans were related to LIBOR when we asked why interest rate not going down when BOE rates fell. I have written to FSA (FCA co-ordinator), OFT, various MPs including mine & Mark Hoban and a couple of journalists today to ask who is taking this on for over 250,000 families (current & past) including those who have lost their homes and who may be directly affected by this rate fixing scandal. These are families in the sub-prime market who cannot afford the kind of fancy barristers engaged by banks, lenders and finance companies. SJ

LIBOR LOBLACK0001.pdf

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Specifically related to sweetjanes response here. This reply came from the legal department of Swift in relation to the question with regards to this Libor scandal:

 

"We refer to the above matter and telephone conversations and e-mail of even date. Your loan is subject to a variable rate of interest set by Swift Advances plc. It is not a tracker linked to any reference point or base rate linked loan and does not, therefore, incur an automatic interest rate or payment adjustment when there is a movement in LIBOR, The Bank of England’s or other Bank’s base lending rate.

 

Swift Advance plc sets the interest rate applied to your loan based on a number of factors but, for the avoidance of doubt, your loan’s interest rate is not automatically adjusted in line with the interest rate reference points mentioned above. Swift is not a member of the British Bankers’ Association and has no role in the setting of LIBOR"

 

 

Cop out to suit themselves! - what I also have is a copy of a letter from 2007 from Swifts Compliance manager which states that their 'cost of funding' includes Libor. So Libor is certainly an issue even when these companies deny it. The costs of borrowing money (to lend to us) must be related to something otherwise where do they get their benchmark interest rates to lend? Thjis is not just Swift, it relates to all these sub-prime lenders

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  • 5 months later...

I've been looking at my mortgage and in 2008 my lender sent me a letter which I've only just found it tucked away and it states

In order for us to fund and maintain your mortgage we borrow wholesale funding from one of the major banks.The rate at which we obtain our funding depends on the London Interbank offered rate (LIBOR).In response to the recent banking crisis LIBOR has risen significantly compared to the Bank of England base rate.In addition the margin charged by all banks for lending to companies like us has doubled.This means that it has become more expensive for us to borrow the funds required to offer and maintain your mortgage.

Over the last 14 months we have absorbed this cost.We can no longer afford to do so.

Regrettably we have to pass on some of that increase to the client.

Interest rate on my account was 7.04% fixed for 3 years once the fixed period ended the interest rate on their standard variable rate was 4.50% plus additional 2.94% making it 7.44% but as of Dec 1st 2008 the standard variable rate went to 6.50% and additional interest of 2.94%

I've printed off the rates for 2007/08/09/10/11/12/13

October 2008 high 5.844% low 4.625%.

November 2008 high 4.534% low 3.013%

December 2008 high 3.006% low 1.969%

It continued to drop so what implications does this have on someone with a mortgage?Is the mortgage invalid?As it's attached to the LIBOR/Scandal rates which have and are still being investigated?

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Barclays Bank beefs up Libor scandal fund pdf_button.png printButton.png emailButton.png

 

 

Wednesday, 06 February 2013 00:00 1 Comment and 0 Reactions

 

London. - Scandal-hit British bank Barclays said yesterday that it will set aside another US$1,6 billion to cover compensation for the mis-selling of both credit insurance and interest rate hedging

products.

Barclays, which was rocked last year by the separate Libor rate-rigging scandal, said in a brief statement that it hiked its provision for the mis-selling of payment protection insurance by another £600 million, taking its total bill to £2,6 billion.

The lender added that it would also increase its provision for the mis-selling of interest rate hedging products to small businesses by £400 million to a total of £850 million.

Barclays made the announcement ahead of its 2013 results statement which is due on February 12, when it will give more details on the provisions.

Group chief executive Antony Jenkins had announced last Friday that he would give up his 2012 bonus after a “very difficult year” at the troubled bank.

Barclays slumped into crisis last June when it was fined £290 million by British and US regulators for attempted manipulation of Libor and Euribor interbank rates between 2005 and 2009.

The Libor system was found to be open to abuse, with some traders lying about borrowing costs to boost trading positions or make their bank seem more secure.

Jenkins recently ordered all Barclays employees to sign up to a new ethical code of conduct or quit, as he sought to draw a line under the damaging episode. - AFP.

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There are a number of big commercial cases being pursued against the banks in relation to LIBOR. See http://www.thelawyer.com/no-sign-of-an-end-to-bank-woes/3000384.article. Legally, these are very problematic cases because it will be extremely difficult to prove that (1) the manipulation actually affected LIBOR and (2) you suffered loss as a result.

 

Actually, much of the manipulation of LIBOR was downward not upwards. The biggest manipulation was downwards at start of the credit crunch. Certain banks deliberately gave low LIBOR submissions because they wanted to give the impression that they could still borrow at a low rate, which would give the impression that financial markets still had confidence in them. We will have to wait to see what comes out of the cases being pursued at the moment but people should not assume that they have lost out - if you had a basic LIBOR loan or mortage, you probably gained overall.

 

The headline "Barclays Bank beefs up Libor scandal fund" is wrong. The fund is for the misselling of PPI and interest rate hedging products. This has nothing to do with LIBOR. As far as I'm aware I don't think any of the major banks have set aside money for the LIBOR scandal.

 

I think the best route is to wait and see what these big cases say.

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