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    • First of all it sounds as if your retailer is very decent and very responsible. This itself is unusual in these kinds of circumstances and I think we need to bear this in mind. The guarantee is not particularly relevant and in fact the dealer had a statutory duty to exercise a certain responsibility for your computer – probably for several years as their obligation under the consumer rights act. The dealer may not have known this and it simply acting out of a sense of moral responsibility and that is even more noteworthy. You've already suggested earlier that you didn't really want to cause problems for your retailer. I think that you will need the help of your retailer as well in order to get information and evidence. I suggest that you proceed against DPD – but before you do that – I suggest that you have a discussion with the retailer. Tell them that this is what you are going to be doing and you would like to have a copy of anything they have which relates to the special instructions which apparently your dealer has already informed you about in relation to where item should be left. Secondly, maybe you should tell your dealer about this site and also about this thread. I can imagine like many dealers who are frequently sending items by means of couriers, they have had things go missing. Tell them that we will be very happy to help them recover money for lost or damaged or stolen items – and that is regardless of whether or not they have purchased insurance. Apart from being very pleased to help your dealer recover items which have been lost by irresponsible parcel delivery companies, I think we need to encourage the complicity between you and them so they will be pleased to support you in your claim against DPD. It will be helpful if you can get a copy of the instructions that you have referred to above, and also if you can get some written evidence of your own instruction that your laptop should be left in a safe place. Have you done the reading on this sub- forum? You will need to do lots of reading of many of the similar stories on this sub- forum. They won't necessarily be against DPD but the principles will broadly be the same. Also read the pinned topics at the top of the sub- forum in order to understand many of the principles involved. Getting your money back but be quick – but your chances of success are better than 90% that you can bank on it taking anything up to a year. Have you got anything in writing from DPD either refusing you or telling you that they won't discuss with you?  
    • Thank you for telling us the text of the letter you had from the police. As we don't seem to have come across this before, it would be really useful for us to see the original please. HB
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    • UPDATE I went rooting through an old box of paperwork I have and I've found the original Default Notice. It is dated **/**/201*, however.. The copy of the Default Notice that they sent with the LBC has a completely different date on it 😮 Can they issue 2 default notices for the same debt? Where they have changed the date on the copy, they have also changed the amount owed through failed payments and how much is required to be paid by a certain date. In addition, they sent (with the 1st LBC) a copy of the termination of the agreement, which I cannot find the original. However, the termination date is 3 days after the date given on the (doctored) Default Notice, by which monies are to be paid by. So, they gave until the 'x' date to pay the arrears, then terminated the agreement 3 days later. I bet a dollar to a dime they've doctored the termination date also.
    • Having looked through the paperwork, I note they have sent 3 seperate LBCs. Two are in the name of FCA Automotive (1st one issued 21 Jan 2020, 2nd one 21 Sept 2022) and the last one (issued 12 Sept 2023) is under CA Auto Finance UK Limited. In the first one, they did send a copy of the default notice, but this was not sent with the 2nd LBC and neither was it sent with the last one either. .  A quick look at the default notice and I see it states the agreement start date was not the same day as the original agreement was signed. It's a day different but do not know if that makes any difference. Also, I note we received a letter on the 16 Nov 2023 which states of a 14 day notice of intention to issue claim form. Heard nothing since that, until this court claim arrived. 
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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.
      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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help and advice needed!!


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How much are the charges they have added to your account?

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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How many payments did you actually miss? do they add up to less than the arrears figure of £1291.64?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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from 06/12/2007 to 6/07/2012 Instalment due: 6537.44

Bounced items 467.22

Monies received: 5687.76

Arrears 1316.90

Arr.in months 11.3

 

Thats all on the last printout.

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There doesn't look as if there's any charges on that statement

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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There doesn't look as if there's any charges on that statement

 

You have to ask them for a copy of the Actuarial Accrual Account Summary Sheet and you want it in A3 format as you cannot read the A4 it is too small. If they resist sending that as they are wise to us now, then you need a proper statement showing all the debits and credits applied to the account. They do not supply one as a matter of course with this breakdown so you need to be specific in asking for what you need and don't give up until you have it.

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i have gpot my so called SAR from Swift,,,,a page of "Summary of personal data as defined by data protection act 1998 held by swift advances plc"...a page of "legal charge (non FSA Mortgages)". a page of."fixed sum loan agreement"....."repayment record" and "list of transactions"........?? I thought I'd get more than that?

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this is the letter I sent re SAR:

Subject Access Request

 

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account/s at the time of default and at the time the account was opened.

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

 

3. True copies of any notice of assignment and default notices or enforcement notice that you sent me, with a copy of any proof of postage that you hold.

 

4. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

5. Details of any collection charges added to the account; specifically, the date they were levied, the amount of the charge, a detailed financial breakdown of how the charges were calculated, and what the charges cover.

 

6. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

9. Copies of statements for the entire duration of the credit agreement.

 

10.Termination notices.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

CCF10082012_00000.jpg

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  • 2 weeks later...

Hi

im new to this forum , im looking for some help and advise regarding swift advances

 

i took out a mortgage with them back in 2004 for

 

mortgage amount £133.000.00

interest charges £38.044.93

less payment recieved £22.448.92

sub total £148.596.01

 

since taking out the mortgage I got in to financial difficulty falling into arrears i was then threated with reprosssion I paniced and got a new morgage and quick as I was a single parent and had to keep a roof over my children head to my suprise i was given a redemption figure of

 

£165.580.77

 

which included various charges ie , default charges , post default collection cost , arrears letters and charges

 

I'm not sure if I will even get anywhere with this but have been reading various forums regarding swift and think maybe i could tackle this or have I left to late

 

if any one can give me some advice or help with this i would be truly grateful

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Hi

im new to this forum , im looking for some help and advise regarding swift advances

 

i took out a mortgage with them back in 2004 for

 

mortgage amount £133.000.00

interest charges £38.044.93

less payment recieved £22.448.92

sub total £148.596.01

 

since taking out the mortgage I got in to financial difficulty falling into arrears i was then threated with reprosssion I paniced and got a new morgage and quick as I was a single parent and had to keep a roof over my children head to my suprise i was given a redemption figure of

 

£165.580.77

 

which included various charges ie , default charges , post default collection cost , arrears letters and charges

 

I'm not sure if I will even get anywhere with this but have been reading various forums regarding swift and think maybe i could tackle this or have I left to late

 

if any one can give me some advice or help with this i would be truly grateful

 

You say a 'mortgage' and Swift Advances - 2 don't go hand in hand.

 

Was this a 1st Mortgage with Swift 1st Limited or a 2nd charge with Swift Advances plc?

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