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Swift Advance After Repo

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  • Swift Advance After Repo

    I had a swift secured loan of 12k. Taken out in 2006

    Loan was taken out in joint names but my husband was only income earner but the property is only my name

    Got into arrears

    Was taken to court for repossesion but order suspended on grounds that I pay contractual instalment plus 150 towards arrears as this would mean all arrears are paid by end of loan term

    Loan term ended April 2016 and all arrears paid

    Swift have taken me to court again for repossession on breach of contract grounds as they are claiming I still owe them 30k

    In total I have paid them 23k... Which is almost double what I borrowed but they still claiming I owe 30k

    Went to court August 10 2016 but was adjourned due to lack of evidence from swift regarding balance and previous suspended order.*

    i made a proposal for payment of 250 per month but has been refused by swift
    was back in court 26 September 2016.....

    we borrowed 10000
    2825*PPI*& broker fee
    paid 23262.75*
    loan term ended April 2016 but swift claiming we still owe them 30409.24

    All advice would be useful on what I should do

    please anybody anything
    Tags: None

  • #2
    Re: Swift Advance After Repo

    What happened on the 26th of September 2016

    Regards

    Comment


    • #3
      Re: Swift Advance After Repo

      swift were ordered to file and serve a more detailed statement setting out how the amount which it now says is due has been calculated and setting out terms/terms of the legal charge/credit agreement upon which it relies to claim this sum

      Comment


      • #4
        Re: Swift Advance After Repo

        Originally posted by sofi3353 View Post
        swift were ordered to file and serve a more detailed statement setting out how the amount which it now says is due has been calculated and setting out terms/terms of the legal charge/credit agreement upon which it relies to claim this sum
        Have Swift provided you with the terms they are relying on to claim the right to repossession? Based on the initial amount you loan is a regulated agreement. Is that correct?.
        Do not panic ( I know that's easy to say) but I believe that you will get a lot of help on L/B there are quite a few who have fought and are fighting Swift ....some have had limited success ..... Have you contacted the Legal Aid services for legal aid............or do you know any legal firm in your area that still operates as a legal aid firm? House repossession is one of the very few areas left on which you can still obtain legal assistance and representation.
        If you want help you will be asked a lot of questions .....can you put up with them?
        It appears that you have a mirror image case as my self the only difference is mine is an unregulated agreement.
        Sparkie

        Comment


        • #5
          Re: Swift Advance After Repo

          Hi again Sofi,
          My First questions.
          1. Who was your broker?
          2. Have you made an SAR to Swift at any time? and if your broker is still in business send an SAR to them also.
          3. Have Swift at any time told you that they paid commission to your broker.
          If so how much did they pay, when and how much.
          If they have not told you anything about commission being paid I think it would help and you should submit a Notice to Admit Facts on Swift and ask them to tell you about any commission they paid.
          Notice to admit facts

          32.18
          (1) A party may serve notice on another party requiring him to admit the facts, or the part of the case of the serving party, specified in the notice.
          (2) A notice to admit facts must be served no later than 21 days before the trial.
          (3) Where the other party makes any admission in response to the notice, the admission may be used against him only –
          (a) in the proceedings in which the notice to admit is served; and
          (b) by the party who served the notice.
          (4) The court may allow a party to amend or withdraw any admission made by him on such terms as it thinks just.

          That is if the date of your next hearing is more than 21 days away.
          Sparkie
          NOTE
          I have no legal qualifications and any suggestions I may make should not be taken as legal advice, they are only suggestions.........and if you can get legal advice as soon as possible if you haven't got it now.

          Comment


          • #6
            Re: Swift Advance After Repo

            my next hearing is on 23rd november sparkie1723

            my broker waa crystal finance and am pretty sure they dont operate anymore

            i do qualify for legal aid but no solicitor will do it under that because they say its a debt matter and not repo

            No SAR as swift have had to provide a statement which state the charges they are claiming

            Comment


            • #7
              Re: Swift Advance After Repo

              Originally posted by sofi3353 View Post
              my next hearing is on 23rd november sparkie1723

              my broker waa crystal finance and am pretty sure they dont operate anymore

              i do qualify for legal aid but no solicitor will do it under that because they say its a debt matter and not repo

              No SAR as swift have had to provide a statement which state the charges they are claiming

              Thanks for responding quick sofi,
              It is a possession issue....... those solicitors are talking rubbish unless........ you can convince the Court that you can pay what Swift wants after the Judge has considered the charges etc and how much he concludes you owe ............Swift will ask the Court to issue a possession order. No doubt about that in my opinion
              Not much time before your hearing where is the Case being heard?. Who will represent you?

              What is the full name of Crystal Finance.........there are a lot of companies in this group which one was it? A lot are dissolved but there is still a lot operating at this moment in time. Need the full proper name have you any paperwork with their name and address?
              Sparkie
              NOTE
              I have no legal qualifications and any suggestions I may make should not be taken as legal advice, they are only suggestions.........and if you can get legal advice as soon as possible if you haven't got it now.

              Comment


              • #8
                Re: Swift Advance After Repo

                I think she has to post the terms of the agreement to see if Swift were obliged to notify her of any costs or charges that were applied to her account, If they were, did they do it?

                The relevant clause will probably be Clause L or M.

                Have they ever given you a statement of account identifying charges at the time they were added.

                Comment


                • #9
                  Re: Swift Advance After Repo

                  Originally posted by Sparkie1723 View Post
                  Thanks for responding quick sofi,
                  It is a possession issue....... those solicitors are talking rubbish unless........ you can convince the Court that you can pay what Swift wants after the Judge has considered the charges etc and how much he concludes you owe ............Swift will ask the Court to issue a possession order. No doubt about that in my opinion
                  Not much time before your hearing where is the Case being heard?. Who will represent you?

                  What is the full name of Crystal Finance.........there are a lot of companies in this group which one was it? A lot are dissolved but there is still a lot operating at this moment in time. Need the full proper name have you any paperwork with their name and address?
                  Sparkie
                  NOTE
                  I have no legal qualifications and any suggestions I may make should not be taken as legal advice, they are only suggestions.........and if you can get legal advice as soon as possible if you haven't got it now.
                  at Burnley county court.....Lancashire

                  no one to represent me yet.....have spoken to a solicitor who is willing to do it on a
                  No Win No Fee basis and he will recover all his costs from swift if we do win but wont find out till Monday Tuesday

                  swift have applied for a possession order on grounds of Breach Of Contract

                  crystal finance
                  finance broker
                  5 Bridgnorth road
                  Compton
                  Wolverhampton
                  West Midlands
                  WV6 8AB

                  tried ringing broker but number not in use anymore

                  Comment


                  • #10
                    Re: Swift Advance After Repo

                    Originally posted by Determined View Post
                    I think she has to post the terms of the agreement to see if Swift were obliged to notify her of any costs or charges that were applied to her account, If they were, did they do it?

                    The relevant clause will probably be Clause L or M.

                    Have they ever given you a statement of account identifying charges at the time they were added.
                    how do i post the agreement?
                    they have provided a statement which state the charges such as letter sent charge/phone call charges/mamagement charge etc

                    Comment


                    • #11
                      Re: Swift Advance After Repo

                      Have you got Crystal Finance company registration number or a name of someone there at the time they were your broker.
                      Could be VERY important

                      Have you got a scanner sofi...... You will need access to one to post up your agreement, but before you scan it and post it remove all your personal info from it
                      Sparkie

                      NOTE
                      I have no legal qualifications and any suggestions I may make should not be taken as legal advice, they are only suggestions.........and if you can get legal advice as soon as possible if you haven't got it now.

                      Comment


                      • #12
                        Re: Swift Advance After Repo

                        Find a scanner and post the agreement, both sides. Post the list of charges that you have received. It is a lot to do, but no one can comment unless we no what you are up against. If you must, in the short term, does clause L or Perhaps M read along the lines, You will be sent a notice of any costs etc etc and does it include the phrase you should pay them 'at that date'.

                        Regards

                        Comment


                        • #13
                          Re: Swift Advance After Repo

                          In the meantime sofi, if you have to attend the hearing 0n 23rd Nov ... ask the Court for a stay until the Court of Appeal has ruled on a case involving Swift which would assist the Court making a decision in your case, their tariff of charges have been already been ruled unfair in a County Court, and this has led to an unfair relationship..............try and get representation and make that representative aware of this............this would give you more time for us all on L/B to help you further..........Swift won't like this but insist on it as you could be at their mercy without being represented.
                          Re your broker.........he may be an unlicensed broker..............need that info I have asked you for..........I know we are asking you a lot but do your best to provide us with the answers we ask
                          Soarkie
                          NOTE
                          I have no legal qualifications and any suggestions I may make should not be taken as legal advice, they are only suggestions.........and if you can get legal advice as soon as possible if you haven't got it now.

                          Comment


                          • #14
                            Re: Swift Advance After Repo

                            Originally posted by Sparkie1723 View Post
                            Have you got Crystal Finance company registration number or a name of someone there at the time they were your broker.
                            Could be VERY important

                            Have you got a scanner sofi...... You will need access to one to post up your agreement, but before you scan it and post it remove all your personal info from it
                            Sparkie

                            NOTE
                            I have no legal qualifications and any suggestions I may make should not be taken as legal advice, they are only suggestions.........and if you can get legal advice as soon as possible if you haven't got it now.
                            i have the agreement and all other documents saved as pdf on my phone.....but am unsure of how i'm supposed to upload them.....if you have a email id then i couldn email them to u sparkie

                            Comment


                            • #15
                              Re: Swift Advance After Repo

                              Hi sofi

                              I'll give [MENTION=4775]Sparkie1723[/MENTION] a nudge for you.
                              CAVEAT LECTOR

                              This is only my opinion - "
                              Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb

                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.

                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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