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    • That is great news. Many people would have given up and paid after losing two appeals so well done for hanging in and fighting. It has paid off and they have finally backed down before getting whipped in Court. I looked at your NTD and your NTK again to see if there was a chance of going for a breach of your GDPR. Sadly although your NTK on its own could have well deserved a claim, the NTD is good enough not to warrant a claim even though it wasn;t compliant with PoFA. As it is the first Notice that mostly accounts for  GDPR breaches there is a reasonable cause for the NTD to have been issued. However you are now freed from worries about appearing in Court and you have learnt about the dangers of parking especially where the rogues that patrol private parking spaces are concerned. Thank you for making a donation and should you fall victim in the future to the parking rogues or anything else that we protect from, you are always welcome .
    • Hi guys I'm about to submit the defence as per below     There has been no reply to our CPR 31:14 request.  Is it worth adding that I (driver, not registered keeper) didn't actually enter or park in the car park and was sat at the petrol station forecourt the entire time?  Or is that covered by the simple points?   Thanks
    • a DCA is not a bailiff and cant enforce anything, even if they've been to court who are they please? sar to the original creditor FIO isnt applicable they are not a public body. who was this query sent too all the more reason to teach her young upon how these powerless DCA's monsters  work... she must stop payments now  
    • Unsettling the applecart?,  I'm going to be direct here, I know how this works , I've been in far worse situation than your relative, and I can assure you , now that there i likely a default in her name, it makes absolutely ZERO difference if she pays or not. Denzel Washington in the Equalizer , 'My only regret is that I can't kill you twice'... It's the same with a default, they can only do it once and it stays on your credit file for 6 years if she pays or not, and as it stands right now she's flushing £180 of her hard earned money down the toilet  so that the chaps at Lowell can afford a Christmas party. As for the SAR this is everybody's legal right, originally under the Data Protection act 1998 and now under GDPR, it's her right to find out everything that the original Creditor has on her file, and by not doing it the only person she is doing a massive disservice to is her self. As the father of 2 young adults myself, they need to learn at some point.. right?
    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
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      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.

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have any of you who have a complaint against Swift contacted your MP about them?

 

If so could you please post up here the details of the MP concerned as a lobby group of MP's is trying to be established to try and help Swift customers. The importance cannot be stressed enough, obviously the more MP's involved the more the right people will take notice.

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have any of you who have a complaint against Swift contacted your MP about them?

 

If so could you please post up here the details of the MP concerned as a lobby group of MP's is trying to be established to try and help Swift customers. The importance cannot be stressed enough, obviously the more MP's involved the more the right people will take notice.

 

I will pass this info on as I know others have contacted their MP's. Thanks for your post.

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thanks for that but people please keep them coming this is very important. If we could find 60 you are looking at nearly 10% of the entire commons and that would make them take notice. Even if you have not contacted your MP yet about Swift think about doing so as it will not do your fight any harm.

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  • 1 year later...

Just thought I would bump this , has there been any development here ?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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I contacted mine but she wasn't helpful. I think the total that did write was in single figures, with that response no one is going to take any interest. Swift have got a license to carry on as they wish.

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  • 4 weeks later...

I have given up totally with any consumer bodies, none are interested or prepared to do anything. My loan was paid off in 2012 or so I thought but because of the charges I now owe £8k, I am now paying them £50 a month which doesn't even cover the monthly interest. Even if I live another 30 years I will still owe over £8k for a £3k loan and by that time they will have had nearly £25k off me.

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I have letters from swift that state that I am within my rights to consider the ombudsmen but being un-regulated the ombudsmen will not be able to do anything. Johns is supposed to be regulated but it seems that swift will still stick their fingers up to that.

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It was the Ombudsman who made the final decision and he stated swift should refund me £800 in charges. But like I said in the time it took them to reach this conclusion it was costing me £100 a month in interest so I was still worse off and I refused to accept their findings. The FOS adjudicator told me that "it would be highly unlikely that Swift would continue to add charges whilst the FOS were investigating my complaint" this of course was utter rubbish.

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Although they don't take on individual cases please contact the FCA about your experiences. This new regulator seems to have more bottle to deal with companies than others and the more they get to hear about problems with Swift, the more likely they are to deal with them.

 

 

Don't forget that just because you've been to FOS, doesn't mean you can't take Swift to Court.

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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Although they don't take on individual cases please contact the FCA about your experiences. This new regulator seems to have more bottle to deal with companies than others and the more they get to hear about problems with Swift, the more likely they are to deal with them.

 

 

Don't forget that just because you've been to FOS, doesn't mean you can't take Swift to Court.

 

 

 

 

the FCA have been contacted by many people and they are as toothless as the FOS, regards taking Swift to court even if I could afford to no decent barrister is prepared to take them on.

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I believe the balance of the scales does tip in favour of these unfair agreements we have signed because these types of lenders bottom line is 'you've signed the agreement tough'. It should not be made easy for these types of lenders to be able to threaten repossession and then move onto execute that threat. There should be a mediation system set up to take the case away from the Courts in the first place. This gives the borrower a fair chance, because as it stands, it's these lenders who have the resources to be represented by financial savvy lawyers, not to say barristers. You would think they wouldn't need such force if their product was morally just.

 

We are not expected to be financial experts and do expect transparency and honesty. The powers that be should have put a stop to people being put into this detriment years ago.

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the FCA have been contacted by many people and they are as toothless as the FOS, regards taking Swift to court even if I could afford to no decent barrister is prepared to take them on.

 

For me the Jury is still out on the FCA. Once all the interim permissions are sorted then I will be more prepared to pass an opinion. An example is minicredit were givern a minded to revoke by the OFT yet still nothing has happened.

As for the FOS, well in my experience the adjudicator frequently sides with the lender but when passed to the ombudsman things change

Any opinion I give is from personal experience .

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Well if what I have read and understood about the FCA is true then I wouldn't hold you breath about any outstanding actions brought about by the OFT or FSA. My understanding is that the FCA hasn't got the remit to get involved in historic OFT or FSA case's and aren't able or interested in applying anything or enforcing any existing requirements. It seems to me they want to brush all existing investigations under the carpet and start afresh even though they are staffed by old OFT and FSA staff, I hope I am wrong.

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Well if what I have read and understood about the FCA is true then I wouldn't hold you breath about any outstanding actions brought about by the OFT or FSA. My understanding is that the FCA hasn't got the remit to get involved in historic OFT or FSA case's and aren't able or interested in applying anything or enforcing any existing requirements. It seems to me they want to brush all existing investigations under the carpet and start afresh even though they are staffed by old OFT and FSA staff, I hope I am wrong.

 

That is not what they said to me when I asked why nothing has been done about MMF. They said that when they get round to looking at the interim permissions, all history including OFT censures will be looked at

Any opinion I give is from personal experience .

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Maybe we should write to the FCA and OFT to express this concern.

 

OFT no longer exists as replaced for some things by fca and others by cma.

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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That is not what they said to me when I asked why nothing has been done about MMF. They said that when they get round to looking at the interim permissions, all history including OFT censures will be looked at

Quite correct Fletch, data is collected and will be reviewed when the IP are considered.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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OFT no longer exists as replaced for some things by fca and others by cma.

 

OFT removed from post now to keep post current for readers. I add this link which goes into more detail of the CPMA

 

http://www.publications.parliament.uk/pa/cm201011/cmselect/cmtreasy/430/430vw18.htm

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  • 3 weeks later...
OFT removed from post now to keep post current for readers. I add this link which goes into more detail of the CPMA

 

http://www.publications.parliament.uk/pa/cm201011/cmselect/cmtreasy/430/430vw18.htm

 

 

 

I was referring to the CMA as per the link below.

 

 

The Office of Fair Trading was responsible for protecting consumer interests throughout the UK. It closed on 01 April 2014, with its responsibilities passing to a number of different organisations including the Competition and Markets Authority (CMA) and the Financial Conduct Authority.

For advice or help with a consumer problem, contact Citizens Advice.

View the closed OFT site in the UK Government Web Archive.

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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