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  1. #26
    sofi3353's Avatar

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    Default Re: Swift Advance After Repo

    Quote Originally Posted by Amethyst View Post
    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]

    tnx Amethyst......will do them now

  2. #27
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    Default Re: Swift Advance After Repo

    Have emailed the docs to [email protected]

    hope they have been recieved

  3. #28
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    Default Re: Swift Advance After Repo

    Got them xxx I'll post them up
    “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

  4. #29
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    Default Re: Swift Advance After Repo

    Documents
    Attached Files Attached Files
    “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

  5. #30
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    Default Re: Swift Advance After Repo

    Quote Originally Posted by Amethyst View Post
    Documents
    thank you @Amethyst

  6. #31
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    Default Re: Swift Advance After Repo

    .We have the Chart on LIBOR rate movement......there was no change in LIBOR from Dec 2006 to August 2007 yet they increased your interest on 20th Feb 2007 then........... from November 2007 LIBOR went down and down from 5.49% to 2.81% to September 2008. they increased your interest on 20th August 2007 then on 22 December 2008 they increased it again even though they had not reduced it at any time when it was going down, they increased it as soon as it went up again even though LIBOR was at least 2% lower that when your agreement started.
    That is a pointer to an Unfair Relationship IMO
    Another point I noticed is they included the PPI in the total Loan amount and charged interest on that for the period of the loan.
    Again IMO The PPI should have been a separate loan and shown to be so on the agreement. It only covered you for the first 3 years in any event.
    Just my initial observations. pt will have a view on this I think if he would.
    Also I note they charged 16 £12.00 's for unsuccessful telephone calls..........Not nice that is it?

    Sparkie

  7. #32
    Amethyst's Avatar

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    Default Re: Swift Advance After Repo

    Agreement ( more docs to follow)
    Attached Thumbnails Attached Thumbnails 2016-11-14 12_44_11-Start.png  
    “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

  8. #33
    Amethyst's Avatar

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    Default Re: Swift Advance After Repo

    Couple more
    Attached Thumbnails Attached Thumbnails 2016-11-14 12_50_20-Start.png   2016-11-14 12_48_56-Start.png  
    “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

  9. #34
    Amethyst's Avatar

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    Default Re: Swift Advance After Repo

    Terms
    Attached Files Attached Files
    “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

  10. #35
    sofi3353's Avatar

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    Default Re: Swift Advance After Repo

    Quote Originally Posted by Sparkie1723 View Post
    .We have the Chart on LIBOR rate movement......there was no change in LIBOR from Dec 2006 to August 2007 yet they increased your interest on 20th Feb 2007 then........... from November 2007 LIBOR went down and down from 5.49% to 2.81% to September 2008. they increased your interest on 20th August 2007 then on 22 December 2008 they increased it again even though they had not reduced it at any time when it was going down, they increased it as soon as it went up again even though LIBOR was at least 2% lower that when your agreement started.
    That is a pointer to an Unfair Relationship IMO
    Another point I noticed is they included the PPI in the total Loan amount and charged interest on that for the period of the loan.
    Again IMO The PPI should have been a separate loan and shown to be so on the agreement. It only covered you for the first 3 years in any event.
    Just my initial observations. pt will have a view on this I think if he would.
    Also I note they charged 16 £12.00 's for unsuccessful telephone calls..........Not nice that is it?

    Sparkie
    is there any chance i could get hold of that chart so i could produce it in court next week with my defence?
    no its not nice sparkie......

    so what is my best option now and what is the next step that i should take

  11. #36
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    Default Re: Swift Advance After Repo

    Quote Originally Posted by Amethyst View Post
    Terms
    thank you again

  12. #37
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    Default Re: Swift Advance After Repo

    Quote Originally Posted by sofi3353 View Post
    is there any chance i could get hold of that chart so i could produce it in court next week with my defence?
    no its not nice sparkie......

    so what is my best option now and what is the next step that i should take
    Hiya sofi,
    If you send me a PM with your e-mail address I'll send you a copy of the LIBOR chart.
    You might think of advising Swift that I am making a witness statement for you to assist the Court in understanding the Cost of Swifts funding and the use of clause J & K2.

    I think they "May" have a think about that because I have absolute proof that the cost of their funds are solely due to the LIBOR rate.
    I'll draft a witness statement and post it up and see that people think about it and the idea.
    They will not like me getting involved in your case .................

    You can send it to the Court and Swift if others agree and think it could help you.........I'm pretty certain Swift won't like it, also ask the Court if they would make an order from Swift to supply a copy of the underwriting sheet and/or all the information contained on it.

    In fact request a copy of it or all the info contained on it .................because if it shows they paid commission and " Override" commission and they didn't tell you how much both were they will be in trouble.
    In fact ask them now ASAP if they paid commission and Over ride commission to Crystal Finance.

    You could do it all by sending Swift an SAR..........that is another way you can ask the court to stay the hearing next week as your SAR info will provide you with more evidence to fight them with and give the Court further insight into all matters
    I hope others will comment on my tactics to try and assist you.

  13. #38
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    Default Re: Swift Advance After Repo

    What was the date of the first statement you received that included any charges that they had added, Did every subsequent statement show the charges added and did you only receive them quarterly

    If you can post them I can do some work on which of them are bearing interest incorrectly.

    Regards

    Determined

  14. #39
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    Default Re: Swift Advance After Repo

    Quote Originally Posted by Determined View Post
    What was the date of the first statement you received that included any charges that they had added, Did every subsequent statement show the charges added and did you only receive them quarterly

    If you can post them I can do some work on which of them are bearing interest incorrectly.

    Regards

    Determined
    im not really sure of the date.....
    maybe the statement that has been uploaded will say what date what charge was applied

    i will have to check papers to see exactly when i was getting a full statement

    i do have a spreadsheet which someone did for me regarding the charges and ppi if thats any use

  15. #40
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    Default Re: Swift Advance After Repo

    Quote Originally Posted by Sparkie1723 View Post
    Hiya sofi,
    If you send me a PM with your e-mail address I'll send you a copy of the LIBOR chart.
    You might think of advising Swift that I am making a witness statement for you to assist the Court in understanding the Cost of Swifts funding and the use of clause J & K2.

    I think they "May" have a think about that because I have absolute proof that the cost of their funds are solely due to the LIBOR rate.
    I'll draft a witness statement and post it up and see that people think about it and the idea.
    They will not like me getting involved in your case .................

    You can send it to the Court and Swift if others agree and think it could help you.........I'm pretty certain Swift won't like it, also ask the Court if they would make an order from Swift to supply a copy of the underwriting sheet and/or all the information contained on it.

    In fact request a copy of it or all the info contained on it .................because if it shows they paid commission and " Override" commission and they didn't tell you how much both were they will be in trouble.
    In fact ask them now ASAP if they paid commission and Over ride commission to Crystal Finance.

    You could do it all by sending Swift an SAR..........that is another way you can ask the court to stay the hearing next week as your SAR info will provide you with more evidence to fight them with and give the Court further insight into all matters
    I hope others will comment on my tactics to try and assist you.
    i will get on to the SAR straight away and post it to them tomorow morning

    can i not just take the WS to court next week without informing swift?

    will pm u my email id now and thank you so much for your help

  16. #41
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    Default Re: Swift Advance After Repo

    Quote Originally Posted by sofi3353 View Post
    i will get on to the SAR straight away and post it to them tomorow morning

    can i not just take the WS to court next week without informing swift?

    will pm u my email id now and thank you so much for your help
    Hi sofi,
    No you must send a copy to Swift.
    Look forward to your pm
    Sparkie

  17. #42
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    Default Re: Swift Advance After Repo

    Quote Originally Posted by Sparkie1723 View Post
    Hi sofi,
    No you must send a copy to Swift.
    Look forward to your pm
    Sparkie
    sent the PM

    my previous WS was given to swift at my last hearing and i putnit in my file on the morning of the hearing

  18. #43
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    Default Re: Swift Advance After Repo

    Quote Originally Posted by sofi3353 View Post
    sent the PM

    my previous WS was given to swift at my last hearing and i putnit in my file on the morning of the hearing
    That is acceptable as it was your witness statement and could be questioned about it on the day.
    My witness statement would have to sent to Swift before the hearing
    Sparkie

  19. #44
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    Default Re: Swift Advance After Repo

    Quote Originally Posted by Sparkie1723 View Post
    That is acceptable as it was your witness statement and could be questioned about it on the day.
    My witness statement would have to sent to Swift before the hearing
    Sparkie

    i understand now......
    just guide me on what to do and i will do it

    thank you so much

    - - - Updated - - -

    sparkie what am i asking for in the SAR??

  20. #45
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    Default Re: Swift Advance After Repo

    Quote Originally Posted by sofi3353 View Post
    i understand now......
    just guide me on what to do and i will do it

    thank you so much

    - - - Updated - - -

    sparkie what am i asking for in the SAR??
    I can draft you it if you need me to.
    Sparkie

  21. #46
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    Default Re: Swift Advance After Repo

    Quote Originally Posted by Sparkie1723 View Post
    I can draft you it if you need me to.
    Sparkie
    yes please

    thank you

    i dont know what i would do if it wasnt for these forums and all the help im getting....i lost my mum on 23rd October and wouldnt have been able to cope with all this if it wasnt for these forums and all the help that i am recieving

    thank you to each and everyone of you

  22. #47
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    Default Re: Swift Advance After Repo

    Quote Originally Posted by sofi3353 View Post
    im not really sure of the date.....
    maybe the statement that has been uploaded will say what date what charge was applied

    i will have to check papers to see exactly when i was getting a full statement

    i do have a spreadsheet which someone did for me regarding the charges and ppi if thats any use
    If you look at Paragraph M of your agreement you will see that is says' papaphrased' in order to avoid interest being applied to any charge you should ' pay them at that date'. That date being the date Swift have to pay them or decide to charge them.

    The only way you can do that is if you accept the implied interpretation that Swift will tell you about it. How can you pay for an attempted phone call for example if you do not know about it.

    Swift never wanted people to know because that was not part of their business plan. The regulations changed in 2008 but before that you probably did not know what they were doing. Interest on those early charges will have mounted up.

    That is how I see it. It is worth exploring.

    I will tabulate it for you.

    Regards

    Determined
    Last edited by Determined; 14th November 2016 at 16:13:PM.

  23. #48
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    Default Re: Swift Advance After Repo

    Quote Originally Posted by Determined View Post
    If you look at Paragraph M of your agreement you will see that is says' papaphrased' in order to avoid interest being applied to any charge you should ' pay them at that date'. That date being the date Swift have to pay them or decide to charge them.

    The only way you can do that is if you accept the implied interpretation that Swift will tell you about it. How can you pay for an attempted phone call for example if you do not know about it.

    Swift never wanted people to know because that was not part of their business plan. The regulations changed in 2008 but before that you probably did not know what they were doing. Interest on those early charges will have mounted up.

    That is how I see it. It is worth exploring.

    I will tabulate it for you.

    Regards

    Determined
    to tell you the truth i didnt know of anything until they took me to court and then i came for advice on forums and thats when i realised what they were upto

    although i did doubt that how could a 12k loan have charges of 30k even after i paid them 23k

  24. #49
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    Default Re: Swift Advance After Repo

    So sorry to hear about your Mum sofi............I know this must be affecting you even now.
    Sent this SAR to Swift ASAP any other info you think you should have just add them as extra request from 8 onwards.
    Sparkie

    Your Name and address


    Date……………
    The Data Controller
    Swift Advances Plc
    Arcadia House
    Warley Business Park
    The Drive
    Brentwood
    Essex
    CM13 3BE

    Dear Sir
    DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST


    This Subject Data Access Request is made under sections 7, 8 & 9 of the Data Protection Act 1998, and by virtue of the Data Protection (Subject Access) ( Fees and Miscellaneous Provisions) Regulations 2000 ( S.I.No 191).

    1. Please supply all information from the date of the start of the relationship between ourselves and Swift Advances Plc to date under the joint loan agreement ( insert your agreement number here) including the full History Notes record

    2. Please also supply all information that has been/may have been/could have with held from any previous Subject Data Access Requests that may have been made, including internal inter department e-mails. These are not subject to Legal/Litigation Privilege.

    3. Please supply all information data and records that have been collected and stored by Swift Advances on the computer and computer including all information that was sent to Barclays Bank Plc at any time.

    4. Please supply the amounts of commission and override commission that may have been paid to the broker Crystal Finance

    5. Please supply all information that has been passed on to any and all third parties including copies of all telephone conversations and e-mails and faxes, for example, to and from Swift Advances plc

    6. Please supply copies of any and all telephone conversations between myself and any employee of Swift Advances Plc, the encryption protection is waived as they are to be played on a CD player not a computer.

    7. Please ensure that any document of which a copy is requested which may be refused, that the information contained in that said document is provided without any ommissions, such as underwriting information relating to commission payments.

    8. I wish to add that this request for information is also made under section 3 of the New Fraud Act 2006.
    A Data Controller must ensure that all other statutes and regulations are adhered to when processing data, and the New Fraud Act is one of them.

    9. With specific reference to point 1, will you please ensure that the History Notes are complete and any reference to a document named an Xdraw and movement transfer / assignment of our account to any third party, has not been removed/ tampered with, as I have been advised has happened in the past to other Swift customers.

    I copy below for avoidance of doubt as to your legal duties under that Act

    Section 3 of the New Fraud Act makes it an offence to commit fraud by failing to disclose information to another person where there is a legal duty to disclose the information. A legal duty to disclose information may include duties under oral contracts as well as written contracts. The concept of "legal duty" is explained in the Law Commission's Report on Fraud,

    7.29 For this purpose there is a legal duty to disclose information not only if the failure to disclose it gives the victim a cause of action for damages, but also if the law gives the victim a right to set aside any change in his or her legal position to which he or she may consent as a result of the non-disclosure. For example, a person in a fiduciary position has a duty to disclose material information when entering into a contract with his or her beneficiary, in the sense that a failure to make such disclosure will entitle the beneficiary to rescind the contract and to reclaim any property transferred under it."

    I enclose and attach the statutory fee for this request of £10, by way of Cheque, Number )
    Please respond within the statutory time frame of 40 days from receipt of this request and ensure that the respond is within the guidance of the ICO on SAR responses.
    https://ico.org.uk/for-organisations...ccess-request/

    Yours sincerely
    Last edited by Sparkie1723; 14th November 2016 at 16:57:PM.

  25. #50
    sofi3353's Avatar

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    Default Re: Swift Advance After Repo

    Quote Originally Posted by Sparkie1723 View Post
    So sorry to hear about your Mum sofi............I know this must be affecting you even now.
    Sent this SAR to Swift ASAP any other info you think you should have just add them as extra request from 8 onwards.
    Sparkie

    Your Name and address


    Date……………
    The Data Controller
    Swift Advances Plc
    Arcadia House
    Warley Business Park
    The Drive
    Brentwood
    Essex
    CM13 3BE

    Dear Sir
    DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST


    This Subject Data Access Request is made under sections 7, 8 & 9 of the Data Protection Act 1998, and by virtue of the Data Protection (Subject Access) ( Fees and Miscellaneous Provisions) Regulations 2000 ( S.I.No 191).

    1. Please supply all information from the date of the start of the relationship between ourselves and Swift Advances Plc to date under the joint loan agreement ( insert your agreement number here) including the full History Notes record

    2. Please also supply all information that has been/may have been/could have with held from any previous Subject Data Access Requests that may have been made, including internal inter department e-mails. These are not subject to Legal/Litigation Privilege.

    3. Please supply all information data and records that have been collected and stored by Swift Advances on the computer and computer including all information that was sent to Barclays Bank Plc at any time.

    4. Please supply the amounts of commission and override commission that may have been paid to the broker Crystal Finance

    5. Please supply all information that has been passed on to any and all third parties including copies of all telephone conversations and e-mails and faxes, for example, to and from Swift Advances plc

    6. Please supply copies of any and all telephone conversations between myself and any employee of Swift Advances Plc, the encryption protection is waived as they are to be played on a CD player not a computer.

    7. Please ensure that any document of which a copy is requested which may be refused, that the information contained in that said document is provided without any ommissions, such as underwriting information relating to commission payments.

    8. I wish to add that this request for information is also made under section 3 of the New Fraud Act 2006.
    A Data Controller must ensure that all other statutes and regulations are adhered to when processing data, and the New Fraud Act is one of them.

    I copy below for avoidance of doubt as to your legal duties under that Act

    Section 3 of the New Fraud Act makes it an offence to commit fraud by failing to disclose information to another person where there is a legal duty to disclose the information. A legal duty to disclose information may include duties under oral contracts as well as written contracts. The concept of "legal duty" is explained in the Law Commission's Report on Fraud,

    7.29 For this purpose there is a legal duty to disclose information not only if the failure to disclose it gives the victim a cause of action for damages, but also if the law gives the victim a right to set aside any change in his or her legal position to which he or she may consent as a result of the non-disclosure. For example, a person in a fiduciary position has a duty to disclose material information when entering into a contract with his or her beneficiary, in the sense that a failure to make such disclosure will entitle the beneficiary to rescind the contract and to reclaim any property transferred under it."

    I enclose and attach the statutory fee for this request of £10, by way of Cheque, Number )
    Please respond within the statutory time frame of 40 days from receipt of this request and ensure that the respond is within the guidance of the ICO on SAR responses.
    https://ico.org.uk/for-organisations...ccess-request/

    Yours sincerely
    will print it of later and send it first thing tomorrow morning with a £10 postal order

    it is still affecting me sparkie but what can i do
    i will probably ask the court to take it into consideration that i am still greiving

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