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Thread: Swift Advance After Repo

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  1. #1
    sofi3353's Avatar

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    Default 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

  2. #2
    Determined's Avatar

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    Default Re: Swift Advance After Repo

    What happened on the 26th of September 2016

    Regards

  3. #3
    sofi3353's Avatar

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    Default 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

  4. #4
    Sparkie1723's Avatar

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    Default Re: Swift Advance After Repo

    Quote 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

  5. #5
    Sparkie1723's Avatar

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    Default 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.

  6. #6
    sofi3353's Avatar

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    Default 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

  7. #7
    Sparkie1723's Avatar

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    Default Re: Swift Advance After Repo

    Quote 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.

  8. #8
    Determined's Avatar

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    Default 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.

  9. #9
    sofi3353's Avatar

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    Default Re: Swift Advance After Repo

    Quote 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

  10. #10
    sofi3353's Avatar

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    Default Re: Swift Advance After Repo

    Quote 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

  11. #11
    Sparkie1723's Avatar

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    Default 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.

  12. #12
    Determined's Avatar

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    Default 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

  13. #13
    Sparkie1723's Avatar

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    Default 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.

  14. #14
    sofi3353's Avatar

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    Default Re: Swift Advance After Repo

    Quote 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

  15. #15
    charitynjw's Avatar

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    Default Re: Swift Advance After Repo

    Hi sofi

    I'll give @Sparkie1723 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

  16. #16
    sofi3353's Avatar

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    Default Re: Swift Advance After Repo

    Quote Originally Posted by charitynjw View Post
    Hi sofi

    I'll give @Sparkie1723 a nudge for you.
    tnx Charitynjw

  17. #17
    sofi3353's Avatar

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    Default Re: Swift Advance After Repo

    Quote Originally Posted by Sparkie1723 View Post
    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.
    do you have any info on that case Sparkie1723???

  18. #18
    meellis's Avatar

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    Default Re: Swift Advance After Repo

    The case Sparkie is referring you to is the same case I highlighted on the other forum. PT2537 was involved in the case but whether you could talk to him on here I am unsure because he is very busy.

  19. #19
    Sparkie1723's Avatar

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    Default Re: Swift Advance After Repo

    I asked pt on chat box to pop in and have a look at this thread ..........perhaps he's missed it ...anyone else care to give him a nudge.? I am certain he can help on this one and give some guidance.
    Sparkie

  20. #20
    sofi3353's Avatar

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    Default Re: Swift Advance After Repo

    Quote Originally Posted by meellis View Post
    The case Sparkie is referring you to is the same case I highlighted on the other forum. PT2537 was involved in the case but whether you could talk to him on here I am unsure because he is very busy.
    are you reffering to the Daley v swift case??

    - - - Updated - - -

    Quote Originally Posted by Sparkie1723 View Post
    I asked pt on chat box to pop in and have a look at this thread ..........perhaps he's missed it ...anyone else care to give him a nudge.? I am certain he can help on this one and give some guidance.
    Sparkie
    thanks alot Sparkie
    really could do with the guidance

  21. #21
    Sparkie1723's Avatar

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    Default Re: Swift Advance After Repo

    Quote Originally Posted by sofi3353 View Post
    are you reffering to the Daley v swift case??
    Yes that's the one.
    I am sending you my e-mail address by pm.
    send me all your docs and I 'll post them up for you.
    Sparkie

    - - - Updated - - -



    thanks alot Sparkie
    really could do with the guidance
    Yes that's the one.
    I am sending you my e-mail address by pm.
    send me all your docs and I 'll post them up for you.
    Just sent you my e-mail address
    Sparkie

  22. #22
    pt2537's Avatar

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    Default Re: Swift Advance After Repo

    Sorry didnt see your message in the chat box Brian, what do you need?
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



    You can also follow my blog on consumer credit here.


  23. #23
    sofi3353's Avatar

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    Default Re: Swift Advance After Repo

    Quote Originally Posted by Sparkie1723 View Post
    Yes that's the one.
    I am sending you my e-mail address by pm.
    send me all your docs and I 'll post them up for you.
    Just sent you my e-mail address
    Sparkie
    not recieved no pm from you sparkie

  24. #24
    Amethyst's Avatar

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    Default Re: Swift Advance After Repo

    Do you want to email me the docs that you need posting up Sofi ? Redact your details from them first if you can. [email protected]
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  25. #25
    Sparkie1723's Avatar

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    Default Re: Swift Advance After Repo

    Quote Originally Posted by pt2537 View Post
    Sorry didnt see your message in the chat box Brian, what do you need?
    Morning pt,
    I wondered if when sofi posts her agreement and other docs she has you could have a look and see if you could advise if and how she could slow Swift down, until we can form some sort of defence and counterclaim..........I think they are getting real desperate for money ...such heavy charges and fees etc.
    She needs help in any way we can.
    I'll be in the same position in April loan amount paid up in full...........then they will come after me for their fees and charges.........but I've got more time than sofi

    Sparkie

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