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    • Hi Tawnyowl here,i have been watching events over the last week or so as things develop. Labrat,such a sense of humour.😀 Hi honeybee13 . Sure does     Anti-fracking campaigners have reacted with concern to news that the British Geological Survey (BGS) signed a non-disclosure agreement with Cuadrilla over access to operational data. https://drillordrop.com/2019/08/24/suspicion-over-fracking-firms-secret-deal-with-geological-agency/   Cuadrilla has been accused of trying to downplay last night’s 1.6ML earth tremor caused by its fracking operation near Blackpool. The tremor, at 8.46pm, was the largest so far recorded at the Preston New Road site since fracking began there in October 2018. https://drillordrop.com/2019/08/22/living-in-fear-residents-respond-to-1-6ml-fracking-tremor/ Energy firm Cuadrilla said a 2.23-magnitude tremor was recorded at its facility near Blackpool at 11.01pm on Saturday – the third “micro seismic event” this week. While some local residents may have felt the movement, it was not strong enough to have caused any damage to property, the firm added.  Do you believe anything this company says. Like their so called micro seismic events you would think damage could have been caused to properties. Once buildings start shaking this must happen surely. I was approached this afternoon while at a cricket match. Just chatting way about this and that when the person said Did you feel the Earthquake last night. I had not even heard about it,tell me more i said. Lights and windows shaking moving around about a mile away on one of the North of Englands largest housing estates. And there are reports of many more people feeling this event covered on this link. Why should a community be put through this,waiting for the next one. People living around Cuadrilla’s shale gas site reported shaking buildings and windows last night from a 2.1ML tremor. This is the strongest seismic event so far induced by fracking at the Preston New Road site near Blackpool. It brings to more than 90 the number of tremors since fracking resumed at the site less than a fortnight ago. Within minutes of the tremor, there were reports that people had felt it from surroundings towns and villages including Blackpool, Weeton, Westby, Peel, Kirkham, Wrea Green, Great Plumpton and Lytham St Annes. Much more on the link. https://drillordrop.com/2019/08/25/call-for-fracking-ban-after-2-1ml-tremor-shakes-buildings-around-cuadrilla-shale-gas-site/   You might notice that the BGS has a page now for human activity causing Eartquakes-link Last updated: Sun, 25 Aug 2019 18:10:00 (UTC) This list contains seismic events for which there is strong evidence that they have been induced by human activities. It is linked to a database of seismic events and locations and magnitudes may change as events are re-analysed and revised. Background, tectonic seismic activity is reported on our recent earthquakes list. http://earthquakes.bgs.ac.uk/induced/recent_uk_events.html   I had better leave it there for now, more soon.,how will it all end because surely it will. Things cannot carry on much longer like this,can they? Bye for now. Tawnyowl writing from the Earthquake centre of Great Britain courtesy of Cuadrilla Fracking.
    • happy for mod to move it to suitable location under thread title Background: Thanks in advance for any thoughts you can share. This is a very long history, I appreciate your time. In 2011 I took out a £8500. loan from Borro private finance against art and jewellery to make ends meet. The agreements are attached below. This is a CCA. Borro regulated by the FCA. The interest rate is APR 68.8  % for 6 months.  I paid the interest and capital during the period term. On 3 May 2012  I renewed this loan at 79.4% interest for another 6 months.  Last week I requested all evidence the lender holds concerning the agreements. Missing are 03/05/2012 through 14/06 2013.( not under a SAR).  I fell into arrears on the loan and one piece of jewellery was sold, reducing the balance to £6400. Dec 2014.   The lender took a payment of interest £2044.16.  Renewed against the other items ( art etc) on this loan.  The new interest rate increased to 88.8%  . At the time the ring was sold, I requested all documents concerning the sale. Borro produced none. The ring is appraised at $17,5000.  £14,000.  The ring was sold for £3500.  I have an appraisal. I was notified prior to the sale. The ring was sold by "private treaty". I continued to ask for information about this sale until todays date. No information has been provided.  I took a huge loss . The ring is not clearly described on the inventory compared to the appraisal. Documents missing from Borro response to my request include 25/10/2014 to 10/04/2015. I was in arrears on this loan and a new agreement was made. The loan amount was increased to £10,810.00 and the interest rate decreased to  80%.  what is interesting is that the lender should have sold this ring, the value was sufficient to pay off my debts. But that is not what happened. someone got a deal on a nice ring.  II. ON 1, Jan 2012, I took out a second loan in the amount of £3000 against another piece of Jewellery. The interest was 68.8%. I paid the P&I on this loan.    Missing from the requested information is agreement from July 10/2012 until 12/12/2012.  I did pay interest during that period and on 12/12/2012 through 11/06/2013 I renewed  with an interest rate for 79.4 %.  I renewed on 04/07/2013 through 03/06/2014 interest rate 97.8%.  I renewed this loan on 03/01/2014 interest rate was 88.8. Take note there is very little description about this item. I redeemed the loan but ended up back in the pawn. 19/06/2014 to 18/12/2014 interest eat 94.5%. I renewed this loan again 19/03/2015 . Interest rate was 93.2%. Now there is a clearer description of the ring. Documents missing from Borro response to my request include 012/06/2013 to /10/2014 to 10/04/2015. Information on the  description is also scant until I took the loan out again in 2014. The last payment on either loan was March 2015. Default date was September 2015. The lender still has my property.   PROBLEM: In 2013, Borro became aware that the reason I had pawned these items was that I was a plaintiff in a substantial lawsuit in the US. I borrowed because I had lost my job. I was not able to work( I had been FCA regulated). I was facing eviction, had serious financial stability  and some mental health problems. I gave them a copy of the pleadings. They are aware that I had claimed these loans as part of my damages.  In 2015, Periodically I requested the accounting. Some was provided some was not. As a result, in  2016, the head of credit wrote to me " "Thank you for coming in to see me today. As discussed, we will freeze your accounts with us from today the 14th October 2016 until the 31st of December 2016. This will mean that no further interest will accrue until the 31st December 2016 and we will not consign to sale until on or after the 31st December 2016."  I did not hear from them again until  08 February 2017. On 30/03/2017 I responded to Borro request that I give them an update on the accounts. I wrote that I needed a settlement figure.  No response the following week I personally met with the manager I had been dealing with. She told me that " we are not going to sell your property". We understand that you have fallen on hard times, we are human. How long will it take you to sort this out. I responded about 2 months."   I did not hear from Borro again until I wrote to them on 18/03/2019 where I stated, " the last time we met you were going to give me a settlement figure". There was no response. As a result, on  18 March 2019 I sent  an email to - Subject: RE: Borro Accounts. Dear Lender. Hello. The last time we met, you were going to give me a settlement figure. Litigation is still ongoing. We have a potential investor that has asked me to get a figure from you. Depending on that number, I can let you know if I can pay the bill and collect my things in the next few weeks. Please get in touch as soon as possible". no response.   In early July 2019 I received a call from someone at Borro. It was not a good time. I asked him to call me back the following week. I did not hear from him again either. On  6 august 2019 I received an email from Borro that I should log into my account. I was unable to. The following week I wrote to them and in summary: On 13/08/2019 I wrote and included a summary of the events: I am writing to advise you that I am obtaining advice concerning the  account. You are aware that you have not pursued any further action on this account since approximately 2014(or earlier) . This is because I had an agreement with Name Deleted that Borro was not “going to sell my property,  I recited the above summary of events.   Certainly, I had no intention to give up valuable property for almost 8 years and pay interest and principal for this long. I want to develop a resolution to the matter between us. In order to achieve this, Please can you provide me with the following information which is attached in a spreadsheet: I need a very simple accounting and please answer the below: Any renewed loans where additional credit was extended through the re-appraisal of the assets ( ie using the asset as leverage) to extend further credit where the loan proceeds were applied to the loan for reinstatement purposes. What were the source of funds for the last payment made? Because I am seeking advice with a view towards finding a resolution, I would appreciate it if you could hold action on the above account for a period of at least 30 days to give me the time  I need to obtain advice. If you are adding interest or other charges to the account, I would be grateful if you would freeze these during this period so that my debt does not continue to increase. Please can you send me the enclosed spreadsheet and the documents you loaded into my account as soon as possible. This will enable me to obtain accurate advice. I will contact you again as soon as possible with further details of a  proposal to resolve the account. ( so far this lender has not complied with my request)   SETTLEMENT OFFER From: Borro Customer Service <Contact@borro.com> Sent: 14 August 2019 13:22 To: Subject: RE: Your Loan Account   Dear borrower. Thank you for your email and for getting in touch with Borro. As you would be aware there have been many loans with Borro, with two loans that remain outstanding which we are seeking to resolve with you. Given the significant period these have been overdue, the current balance on these two loans is almost £52,000 of which the majority is interest. In order for you to move on from this debt it is proposed to sell the collateral associated with Loan DIAMOND RING 175643 in full and final settlement and return all the items under Loan 198678 to you. This would generate a loss for Borro of approximately £49,000, however given your circumstance this is something we are prepared to offer. While I would love to pay Borro £3000. I do not currently have the funds. Borro is aware because I wrote to them on august 13 advising them i am not working. I do not want to lose my property. I need to find a way for them to walk away, give me my property back. WHAT ARE MY OPTIONS? Below are the questions I have or could raise in order to "negotiate with them". Is this a high interest short term loan? What are the effects of an CCA that has an interest rate of 93.6% and is renewed every six months? It appears that one loan was "Refinanced".  What FCA terms did they violate which might apply to this situation ? After the agreement expired and terms were changed, what rights does the PB have to collect further payments or sell the ring? Did they waive their rights to further payments? How can I use refusal to produce sale information concerning the first ring, to negotiate my way out of this? What is interesting is, they sold a £14,000 ring privately, concealed the buyer and other information, then turned around and INCREASED THE INDEBTEDNESS substantially. In fact they want to do this again, but this time are offering to  write off £49,000  in other interest. What am I missing? What effect does violations of FCA 6 and 7. help me to negotiate a settlement. Is the FOS effective threat to the firm to pressure a settlement? Does a cost cap apply to these loans and if yes what is the amount of the cap? How can I use the current appraisal and FCA or any other rules to stop them from selling the ring for less than market value? I have someone looking at the accounting to see if there are errors. found several when query. anything you can find that voids the agreements? Anything else you can think of THANK YOU!!!   RING.pdf art.pdf
    • I am so sorry I see the confusion now, I was meant to say CAB not CAG. They are just sending him letters to copy and send which doesn't seem helpful at all.    I also apologise for the vague details right now. I actually thought he had got rid of the car already until he mentioned it as he dropped me off home, so I've only got a vague idea myself, i just wanted to see if there was anything he could do other than send letters. I will get more details from him and update this thread, or get him to join as you have advised.  sorry 
    • It was a late payment, no default 
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LTKY

Distance sales - seller pulls out

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This one is for a friend who purchased goods from the UK and had them delivered to an EU country.

 

The goods are two safes, purchased over the phone, so description and transaction were carried out by phone.

 

The safes arrived in good looking condition and have dial lock doors. When my friend tried to adjust the dial locks according to the instructions, they couldn't get them to work (on both). Another person in the company tried following the instructions to the letter and again they couldn't adjust the locks. One of the locks was also stuck. They got in touch with the retailer, over the phone at first and then by email.

 

They forwarded me the email communications which are super clear, the retailer tells them that due to dial locks having issues on transport they sometimes need to dispatch an engineer to re-calibrate. This could be done in the UK but since they are outside the UK (within EU), the seller provided the contacts of a representative. My friend tried all contacts to no avail and none of them was reachable.

 

They got in touch with the seller again to ask for a proposed solution and also expressed concerns over the reliability of the dial locks. The seller wrote on email that they "failed to inform them about this potential issue on transport prior to sale and therefore they would bear the costs of the return". Then my friend proposed to swap the dial lock doors with key lock doors which the seller accepted under no other condition.

 

The doors were shipped back to the UK (paid by my friend but invoice was sent to the seller for a refund as agreed). As soon as the seller received the doors they swapped to key locks and shipped the different doors back. BUT they also replied by email supporting that the doors had no problem at all and that according to them it was the buyer's fault, therefore it would be unfair for them to pay for the return costs back to the UK.

 

I am not familiar with distant sales but I understand that my friend can use both SOGA and EU directive for Distance Selling.

1.According to SOGA the description of the goods was not right, because two people could not operate the safe according to the instructions of the seller (intended to the average user), unless that falls under non-fit-for-purpose? (now the seller supports that two people are "stupid" and they couldn't operate perfectly working dial locks).

2. Then according to the distance sales directive from the EU, they failed to provide full information about the goods during/prior sale, which they admitted openly in writing, so they should bear the return costs.

But even if the above was hard to justify,my friend followed the instructions agreed with the seller in good faith, in order to resolve the problem, and the seller changed their mind on an agreement they proposed themselves?!

My friend put all the above points in a nice letter to the seller and received no response at all. I feel the seller has acted inappropriately.

Your advice is most welcome:)

Edited by LTKY
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It would appear that you have a dispute about the doors being faulty, your friend says they were, but seller says they were ok.

Have you got a report by an expert to back up the claim that they were faulty?

SOGA only applies to a UK purchaser? and only to individual consumers, not companies. Was the purchase for a consumer

Not sure about EU DSR, but expect it is similar to UK.

Only recourse would be court action, not sure how that would work to enforce!

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It would appear that you have a dispute about the doors being faulty, your friend says they were, but seller says they were ok.

Have you got a report by an expert to back up the claim that they were faulty?

SOGA only applies to a UK purchaser? and only to individual consumers, not companies. Was the purchase for a consumer

Not sure about EU DSR, but expect it is similar to UK.

Only recourse would be court action, not sure how that would work to enforce!

 

They are a company, correct, but I am not sure how it was invoiced and whether SOGA applies to their case. I thought SOGA would apply with purchases from the UK anyway, I could be wrong. The EU directive also allows for a distant purchaser to utilise their country's consumer law, although this is something they would have to investigate further.

 

I agree, they should have called a local expert to get a second opinion (they tried doing so by calling the approved specialist proposed by the seller but he was not reachable on the contacts provided). I told my friend this was their weak point because now the seller has the doors and could claim anything.

 

What else can they do in terms of at least reporting the seller for bad practice to local UK trading bodies?

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Ss said SOGA and DSR ONLY applies to UK consumers, individuals not companies!

It would appear you have a contractual dispute only addressable through the courts, and without an expert witness report would have difficulty proving it.

Not aware of any UK body that would deal this for a company, only individual consumers.

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Thanks for the feedback, I suppose you are right, I didn't think of it at company level. I dont know if its worth pursuing through court for the courier cost though:)

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