Jump to content


  • Tweets

  • Posts

    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court and ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all. So you really want to exhaust every possibility of avoiding them if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
    • I see the trial of the real criminal in the Biden Family has started rather than the sham political persecution of Trump    Biden will of course try to distance himself as far as possible to no avail  Even more votes for The Donald🤣    
    • Savings platform Raisin UK is offering a £50 bonus for new customers who sign up for an account.View the full article
    • With Farage back in the news, here's a reminder of his interview with Claire Byrne on Irish TV a few years ago.  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • 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
        • Like

Swift Advances Saga


SwiftVictim
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1473 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Guys,

Hopefully someone can give advice on the dreaded company of all time Swift Advances and whatever other name they go by.

 

here in brief

 

1. dec 2006 got loan £25k plus brokers fee total £26,145

 

2. at that time i was in an IVA

 

3. after years of paying we wanted to pay it off and found the balance had not moved much despite paying £312 per month for 5 years

 

4. filed numerous complaints with FOB from about 2011 onwards and due to depression had given up

 

5. 2017 finally found a company that said they could help and they had a good working relationship, they go by a Debt Strategist company

 

6. Stopped paying swift November 2017, to date we have paid them £40,000 and they wanted £20,000 for a final settlement

 

7. around october 2019 swift go for and granted possession order of our home as they adding on and adding on charges, now £29,000

 

8. November 2019 i pull the plug on the Debt company as thyn now admit i will have to pay back the £29,000,

i now start to make payment s to swift of £512 to avoid repossession.

 

9. January 2020 i file a complaint with FOB for the debt management company as they have made me near £10k worse off

 

10. I file a complaint to with FOB of how Swift can now tag on near £10k in a short span

 

i have already had a barrister look over my agreement and there is nothing they can do.

 

after scrolling forums and the internet the only thing i can find is "meeting criteria for attaching a second charge on the house"

does anyone know what criteria is to be met,

i read once that they can attach a second charge if there was not enough equity to satisfy the loan??

 

can i get any of the charges back that they have added on in the last 2 years?

 

Do i sue the debt company for everything and just pay swift the £29k?

my feeling on the debt company is they have a duty of care to make sure things do not get worse and if this case was out of their remit they should not have taken it on,

and even at that they told me i would not have to pay these charges until a few weeks before i pulled the plug on them.

 

Is there anyone out there have dealt with them and actually won as they seem to be able to rob you in the street and walk away

 

    

Link to post
Share on other sites

I've moved your topic to the swift forum...

yes you are not alone!!

 

1st port of call is too get an SAR off to them.

 

have a read of a few threads here

you'll soon get the idea

 

dx

 

  • Like 1

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... 

Link to post
Share on other sites

Thats great many thanks

 

SAR'd them a long time ago,

Debt Strategist company did that,

i have nearly settled myself to the fact that they are above the law and there is nothing i can do.

 

At the minute i am looking to buy out,

they have settlement figure of £29k but what they have done is charged a lot of missed payments @£70 a go and then solicitors fees i think total charges is near £4k.

 

but do i bite the bullet and buy out now, and then seek to sue the Debt company for making my situation worse

 

I have filed a complaint with FOB for the charges and they have knocked me back on it because swift had a possession order,

they say its been to court and the judge said i owed the money,

but i have appealed that saying yes it was at court but they never disputed the amount or anything all my solicitor did was adjourn the case until the Debt Strategist came up with an acceptable offer. 

Link to post
Share on other sites

sar is free now

i's be sending a new one.

 

penalty fees are reclaimable..letter/arrears/dd fail/etc etc ...any fixed sum 

as is any additional interest they have caused at their rate or 8% stat if greater

 

solicitors fees directly related court claims are not

 

FOB?? you mean FOS??

I would not be settling no.

you also need to be mindful they can't add the fees to any court claim.

 

 

 

  • Like 1

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... 

Link to post
Share on other sites

Ok, Thanks for that,

i will scan the statement,

as what they have also done when i stopped paying they have just added the amount i paid every month onto the balance, surely it should be the interest each month.

Sorry FOS not FOB

 

since i started to pay them back before Christmas the balance was around the £29k mark,

i have now made 6 payments of £530 and still my settlement figure is £29k

they have just made another £3k disappear,

i want to avoid paying more and more and more,

 

for instance if i try to claim back the £3k charges made is it going to drag out and me still paying £530 per month and it disappear, thats why i was saying i just bite the bullet and clear it and sue the Debt company that made my horrible situation worse to the tune of £12, £10k added on by swift and £2k i had to pay the Debt company up front.

 

do you think there is any course of reviewing the second charge on the house,

to see if they met all criteria,

as if i can have the charge removed that puts me in a better negotiating position.

 

my worst problem is i have around £140k equity in my house so swift are rubbing their hands.

 

I will scan this and upload many thanks for your help so far

Link to post
Share on other sites

properly workout what unlawful fees and the interest they've caused and are added to the settlement sum

to date I doubt you've done that properly.

use our spreadsheets.

then pay them off minus that figure

they'll never so court solely for disputed unlawful charges.

 

don't just settle for the full asking

, as soon as you do, they'll stick their finger up at you.

as it stands you have the upperhand.

if you pay, you'll lose that advantage.

 

 

  • Like 1

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... 

Link to post
Share on other sites

just type no need to hit quote

i know what i typed

 

PDF's merged to one file.

 

you are being had blind £70PCm arrears fees unlawful.

 

now have you every statement from 2006?
and what is your int rate?

  • Like 1

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... 

Link to post
Share on other sites

Dont I know it Buddy, 

yes i have all statements but this is first time we stopped paying, i think there was a few missed payments a number of years ago.

initial rate was 12.24% but i believe it to be up till 13%

Link to post
Share on other sites

 

 

wack every fixed sum pentaly charge in either the FOSCI or the statint sheet on the date it was made

for the FOSCI use their int rate in cell D15.

  • Like 1

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... 

Link to post
Share on other sites

Great!

I am on it now, 

 

it will be something of a victory towards these vultures, although i do have to blame myself for not doing my due diligence.

 

but i had some equity in my home at the time of the loan and they probably was hoping for me to miss payments so they can ramp up the anti.

 

if i get say £3k knocked of the bill that will bring it to £26k final settlement and i have paid back £43k so thats a return of £69k for borrowing £25K

 

and they still have a license to operate.

 

Any thoughts on the Debt company that tried to justify their bill at my expense??  

Link to post
Share on other sites

all DMP companies are fleecers.did you pay them anything?

 

 

I thin k you'll find your reclaim will be a lot more than £3k!!

 

 

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...