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Swift advances witness legal charge

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  • Swift advances witness legal charge

    Had a pre action protocol letter re witness of a legal charge by me 9 years ago I have acknowledged merely said take up with swift or the broker i was an employee of the broker.

    I have no documents only what the solicitor sent which shows my signature.

    Keeping it simple I will have seen the borrowers but cant recall where

    Notice the husband has been sent down for Fraud , now the wife claims knows nothing about the swift charge, also had the police on to me , who confirmed surplus monies had been paid into a joint account not sole yet lawyer for her says "facilitated fraud" - come on she knows nothing of the loan !!!

    Application form shows two other charges both that would have redeemed also at the time liquidated a company joint directors then purchased back in sole name.

    My initial reaction is see you in court , prove i did not witness the signatures, verification is the responsibility of the lender , they are also sueing SWIFT their lawyer wrote to me and I simply said you need to write to the compliance manager of the broker, not been employed by them for many years.

    Looks like swift are trying to enforce the charge and the wife is saying unlawful execution , the lender would have had her id PHONE CHECKS AND NINE YEARS CORRESPONDENCE.

    Civil matter husband fraud is HMRC vat etc - think they are clutching at straws myself but your observations would be appreciated
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  • #2
    Re: Swift advances witness legal charge

    Originally posted by cashbook View Post
    Had a pre action protocol letter re witness of a legal charge by me 9 years ago I have acknowledged merely said take up with swift or the broker i was an employee of the broker.

    I have no documents only what the solicitor sent which shows my signature.

    Keeping it simple I will have seen the borrowers but cant recall where

    Notice the husband has been sent down for Fraud , now the wife claims knows nothing about the swift charge, also had the police on to me , who confirmed surplus monies had been paid into a joint account not sole yet lawyer for her says "facilitated fraud" - come on she knows nothing of the loan !!!

    Application form shows two other charges both that would have redeemed also at the time liquidated a company joint directors then purchased back in sole name.

    My initial reaction is see you in court , prove i did not witness the signatures, verification is the responsibility of the lender , they are also sueing SWIFT their lawyer wrote to me and I simply said you need to write to the compliance manager of the broker, not been employed by them for many years.

    Looks like swift are trying to enforce the charge and the wife is saying unlawful execution , the lender would have had her id PHONE CHECKS AND NINE YEARS CORRESPONDENCE.

    Civil matter husband fraud is HMRC vat etc - think they are clutching at straws myself but your observations would be appreciated
    On what basis are you being pursued? Sorry but it really doesnt make sense, they are pursuing you because you witnessed the signing of a loan and legal charge? If so i dont see what loss they would have had as a result of this; what a crazy scenario
    I work for Roach Pittis Solicitors. 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.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    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.

    Comment


    • #3
      Re: Swift advances witness legal charge

      Yes I agree and thank you for the prompt reply - the solicitors words are "facilitating fraud" the husband has been convicted of fraud I think what they are trying to do is say the wife did not sign the legal charge - you have not met her so couldn't witness the signature by creating this doubt they then return to swift and say you have an unenforcable charge .

      Swift solicitors been on to me i have responded and simply said refer to the compliance manager of the placing broker i have not been employed by this company for many years the reality I feel is its a matter for swift they advanced the loan having satisfied themselves on verification , just trying to frighten me and at the moment all i have done is acknowledge the letter simply saying you need to refer to swift or the placing broker - do you think this is sensible

      Comment

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