Swift Advances Plc?

[Sparkie1723]

Re: Swift Advances Plc?

Morning all

Just a quickie.....


Sparkie the arrestable offence for this is an offence of Perjury - see the Perjury Act 1911.

Best wishes to all

Dougal

HI Dougal,

I can now advise you that I have already had a first visit from the police who have viewed the documents I have......I have contacted them again a few minutes ago to inform them I now have prima fascia evidence to support my allegation of Mr Whites perjury,
I am now waiting for another visit as they wish to see the factual evidence and copy it if need be......it appears that there are now two county forces working together on this one .

I will be saying no more on this aspect.

Sparkie

[Dougal16T]

Re: Swift Advances Plc?

Morning all

Just a quickie.....


Sparkie the arrestable offence for this is an offence of Perjury - see the Perjury Act 1911.

Best wishes to all

Dougal

[Sparkie1723]

Re: Swift Advances Plc?

I know a lot of people think I ramble on BUT.
Second charge Loans Prior to April 2008 and After.

Simple questions and my answers and see if you agree with my answers
Were loans over £25,000 secured by a land charge Regulated by the CCA 1974
Answer……No!.
Since that time are they now Regulated by the New CCA Act
Answer…… No!
Is a First Mortgage secured by a land charge Regulated by the CCA 1974
Answer…… No!
Is it now Regulated by the New CCA Act
Answer……No!
Why isn’t a First Charge Mortgage regulated by the CCA 1974
Answer……It is exempt
What Authority Regulates a First Charge Mortgage secured by a land charge
Answer…..The FSA.
Why isn’t a Second Charge Mortgage regulated by the CCA 1974
Answer……It is exempt
Therefore what authority should regulate a second charge Mortgage secured by a land charge? Answer……The FSA.


This is the reason why steps are being taken to make second charge loans to be brought under the FSA remit…………someone somewhere high up has realised that they should be, and should have been stated long ago to have been under the remit of the FSA.

Someone has realised that if my argument is brought before the law Lords there can be only one answer ….think about it carefully.

I would like to ask some legal trained mind as to how I can apply to the Courts for a ruling on this specific issue right Now?
What form would I use to make such an application?
I know it will have to go through to the supreme court in the end and possibly to the Privy Council of the House of Lords, but am willing to go that far because I believe I am right 100%


Sparkie

[Sparkie1723]

Re: Swift Advances Plc?

I have posted this on another thread but I'll post it here as well


You will see that I have placed information that states that there is no such thing as "an unregulated agreement" if it is secured by a land charge.............it is an EXEMPT agreement....... there are other exemptions one such is defined as;
A High Nett worth agreement ..........a loan made to a person with an income of over £150,000 per year.......not many of us about with those kind of pennies is there. This never came in until the New Credit Act amendments.

There is a list of them in the OFT Guide on......... Regulated and Exempt Agreements
There are only two types of loan agreements.
Regulated Agreements and Exempt agreements.

There is no statute that states " Unregulated" ....it is a word that has been invented.....and used and everyone takes it for granted............but its wrong.

Unregulated merely means that it is unregulated by the CCA.....it does not mean it is completely unregulated by other statutes.............as I say First charge mortgages are "unregulated" but what that means it is unregulated by the CCA..............that does not mean it is completly unregulated .........because it is regulated........BY THE FSA
Because it is secured by a land charge.

If you had a first charge mortgage loan UNDER £25,000..... i.e. secured by a land charge........it would not be regulated by the CCA......section 16 Barrs it from being so.

My view is interpreted from section 16 and what the OFT state
Taken from OFT guide on regulated and exempt agreements.

CONTENTS

Chapter Page
1 Introduction 1
2 Regulated agreements 3

3 Exempt agreements 7

If you read section 189 of the CCA Definitions...........you will find no mention of "unreglated" anything. In fact you can read the CCA act from front to back ...you will not find the word unregulated anywhere in it.


To further support my interpretation sect 8 (3) must also be read.

Up till now no-one has noticed this because it has been constantly thrown in your face ...."this loan is unregulated".....not true ...it is secured by a land charge and just like any First charge mortgage ......they are regulated by the FSA and the lender has to have an FSA licence.................some second charge mortgage lenders hold an FSA licence to lend under a secured second charge ..,.....but a lot do not

Pre April 2008 the maximun any lender could lend under a CCA licence was £25,000 on one agreement.............BUT they could lend as much as they wanted to ............if they did it in separate block agreements ....If you wanted to borrow £75,000 ...all that would be required was 3 separate regulated credit agreements.......they would all be regulated agreements.........But then they would be unsecured.......no lender would do that I'm pretty sure of that........but that is how a lender could lend you £75K under their CCA Licence

Sparkie

I am not a lawyer and what I post is not to be taken as absolute fact ......but to be considered seriously and proper legal opinion obtained if the argument has proper legal merit

[Sparkie1723]

Re: Swift Advances Plc?

Added support for my argument about exempt agreements.

Removal of Consumer Credit financial limits - have you considered the implications for your business yet?

The removal of the Consumer Credit Act 1974 financial limits expected on 6th April 2008 means that all credit and hire agreements with “individuals” will be regulated by the CCA, irrespective of the amount of credit or payments to be made by the customer. This is unless they are exempted by the CCA or regulations made under it.

Section 16 remains the same under the New Act.

Sparkie

[Sparkie1723]

Re: Swift Advances Plc?

I believe 3% was the average broker commission stated in the Hurstanger case.

Yes believe it was ..I believe they reached this conclusion in that the standard commission rates ranged from 1% to 5% that would give that average.
1 plus 5 = 6 Divided by 2 ..gives average of 3

This is the one I like about bribes and secret payments
“The real evil is not the payment of money, but the secrecy attending it (Chitty L.J. in the case of Shipway v Broadwood [1899] 1 QB 369, 373)”. .


Sparkie

[Ihaterbs]

Re: Swift Advances Plc?

Everyone knows that in my particular court proceedings

Mr White swore under oath that Swift Advances plc did not pay commission.........this was a full blanket statement none at all ....only a documentary fee of £100.00

Mr Webster stated to me later in an e-mail to me that commission was not paid on my particular agreement

Twice in further hearings the Counsel for Swift Advances plc told the Judge ( the senior Judge at that court) that Swift Advances plc only paid £100 to our Broker.

I have now received a letter signed by the Managing Director of our broker who has confirmed that on top of the £100 Swift Advances plc paid them they paid a furthe commission of £1408.65 which was exactly 3% of our loan total.

This was paid appoximately 1 month into the agreement.

I am making a further complaint to the police and see what the chances of having Mr White arrested for deliberate contempt of court, and I am also writing a personal letter to the Judge attaching said letter.

I believe 3% was the average broker commission stated in the Hurstanger case.

[Sparkie1723]

Re: Swift Advances Plc?

Everyone knows that in my particular court proceedings

Mr White swore under oath that Swift Advances plc did not pay commission.........this was a full blanket statement none at all ....only a documentary fee of £100.00

Mr Webster stated to me later in an e-mail to me that commission was not paid on my particular agreement

Twice in further hearings the Counsel for Swift Advances plc told the Judge ( the senior Judge at that court) that Swift Advances plc only paid £100 to our Broker.

I have now received a letter signed by the Managing Director of our broker who has confirmed that on top of the £100 Swift Advances plc paid them they paid a furthe commission of £1408.65 which was exactly 3% of our loan total.

This was paid appoximately 1 month into the agreement.

I am making a further complaint to the police and see what the chances of having Mr White arrested for deliberate contempt of court, and I am also writing a personal letter to the Judge attaching said letter.

[Sparkie1723]

Re: Swift Advances Plc?

Swift Advances plc have taken no notice of the requests/demands I made.
So to enlighten folks a little more
Section 16 of the CCA 1974 deals with exempt agreements and what are designated exempt agreements and what an exempt agreement is
!6(2) (b)
States this (check it out for yourself)
"a debtor-creitor agreement secured by any land mortgage" (I have highlighted this)

This is a very clear precise statement and means any loan/mortgage ........which is what Swift Advances plc loans are.

This is exactly what your First Charge mortgage is " a creditor debtor agreement secured by a land mortgage"

Your First Mortgage (land charge holder) must and is regulated by the FSA.

Swift 1st Ltd are regulated by the FSA because they carry out first charge mortgages ( secured by a land charge)

Swift Advances plc are regulated by the FSA for insurance purposes only

Their CCA licence only covers them to lend up £25,000 pre April 2008.

Now if you check out Kensington Mortgage Company you will find that they are regulated by the FSA for both First AND second charge mortgages....and So are Southern Pacific Mortgages Ltd

Blemain Finance Ltd who have the same business plan and operate exactly like Swift Advances plc do not hold an FSA licence for "exempt" second charge lending only for insurance mediation.

Think about what this means to your loan ......it is a totally unlawful loan.....forget about "unregulated" loan there is no such animal.
They are exempt agreements.......that is what section 16 is all about.

Sparkie

I am not a lawyer ...have no legal training but I beleive I am right because it is clearly stated in the CCA and is so simple ....that is why it has been missed by everyone till now.

My expertise is in electrics and sometimes it was the simplest fault that caused the most problems but was so simple I didn't see for hrs and hrs.........and I believe the same is with what I have just posted.

I do not think there is an argument against it.

[Sparkie1723]

Re: Swift Advances Plc?

I would like to clear up the issue of the use of the phrase which is constantly used by Swift Advances plc and their solicitors and compliance dept
They use the phrase "unregulated agreement" .

There is no defined legal term such as this ...........it is an invented Phrase.

There is no such named agreement

There are only TWO officially and legally named agreements as confirmed by the OFT shown below ....all Swift Advances plc agreements over £25,000 pre April 2008 are exempt agreements as per section 16 (2) (b).

They are exempt in the same manner as your First Charge Mortgage agreement.


I am awaiting a replies to some serious questions from Swift Advances plc............should they not be as I have demanded ............I will make available documents letters from an MD of a certain Brokerage firm confiming certain important issues.....AND much more .....watch this space closely

Sparkie

CONTENTS

Chapter Page
1 Introduction 1
2 Regulated agreements 3

3 Exempt agreements 7

[Sparkie1723]

Re: Swift Advances Plc?

Today I received Swift Advances plc belated response to my SDAR which of course did not contain half of what I requested……..they just took no notice of the full request.

What they did say at the end of their cover letter was this.

“You have also requested a full statement of your account including all charges and fees”.
(Partly correct I also asked for a breakdown of how these were arrived at....... didn’t happen).

Again the same old worn statement of words follows;

“As your agreement is unregulated no such statement exists, however we have enclosed a copy of an Accrual Statement, which should provide you with the information you require”

It doesn't provide the explanation of how they are calculated and on what basis they are calculated

Notice they use the words “should provide” .

So despite the warning from the OFT that states quite clearly that they should provide a periodic statement of account which complies with the stipulated requirements that a statement of account must contain….another example as to the fact they take not one bit of notice of the OFT and again stick two fingers up to that body, a copy of their letter is off to the OFT, and my cover letter.

I have sent them a reply blasting them to pieces but I can't post a copy of it .....................it would melt LB's network server circuits because its that hot!!!

Sparkie

I spent 4 hrs trying to make sense out of this accrual statement of account and I just can't make any sense of it according to all I have read about statements is that you should be able to understand them..............I can't ...it requires an accountant IMO so im sending it off to the OFT to see if they can decipher it .......................the font size they use is even smaller than below............
A b c d e f g h I j k l m n o p q r s t u v w x y
I joke you not.

Sparkie

[Dougal16T]

Re: Swift Advances Plc?

Hello i am new here and desperately needing some help dont know who to trust anymore, swift are trying to take our home which is also an animal sanctua:tinysmile_kiss_t4::beagle:ry, It would appear when i start to ask questions they tell me theres is nothing i can do, they have lost paperwork and door upon door is closed in my face, firstly we were sold this through a guy called matt hodgson from global reach services, (gone) he got valuation allied surveyours, ian frost. he has run away and allied surveyours are now in liquadition but set up again as allied dilengently, the point i am trying to make firstly is ian frost over valued property by more than 50% its true worth, we have proof of this five independant valuations, we have tried to get comp from insurers but allied is now liquadated, the other point i am making is we would never have acted or taken out any loan if we had known true valuation.
Also the paperwork i have has two signtures on and they arent mine, have asked swift for all copies of agreements from them, i am still waiting, weeks now and they have eviction date set for us 19th july, we have no solicitor cant afford one and dont know who to trust anymore, I am appealing via the court system but no one there is bothered and i get the ipression that they all think it is pointless what i am trying to do. I am trying to save our home and more to me than that, the sanctuary, we have only acted upon the influences of others, professional others that are suppose to know what they are doing, how is it then, that through their faults and mistakes we all have to pay the price. I chained myself to the angel of the north a few years ago i protest, i feel now that the only way to be heard it to shout as loud as we can instead of others trying to silence us for good. Our own web site is available for anyone to set up forum on, united as one, all help welcome.
Oh and i have them on tape telling me they have lost documents, then telling me that they are archived. everytime i have been in court they make me feel like nothing, them and their fancy lawyer and me on my own, who is the law for anyway?

Hi Rosie and everyone,

Rosie you MUST go to the Citizens Advice Bureau immediately - get some good legal advice NOW!

You can make an application to suspend any possession order, by asking that application to the Court that issued the eviction notice - can you post the notice details please?

We WILL all try and help you through this - on behalf of everyone I can promise that much.

Please let us have as much information as possible.....firstly which Court has issued the paperwork?

Our very best wishes,

Dougal ...(and I know I speak for everyone else.....)

[Sparkie1723]

Re: Swift Advances Plc?

Thanks for the compliment TINKEY 2...but as you know I have other "comrades in arms" each has their own speciality and techniques.

Rosie contact your first charge lender as I presume the "Swift" loan was a second charge,
ask them to supply you with copies of all correspondence they received in relation to your loan and charge on your property from all parties
Ref your agreement "Swift" must have supplied a copy in their Court claim bundle .....go and ask the court to make a copy of it for you ....might cost you 50p or so....but get it from there.....then let us have a look at it with all personal details removed of course ...........you can do this by using photo bucket
Sparkie

[TINKEY2]

Re: Swift Advances Plc?

Hello i am new here and desperately needing some help dont know who to trust anymore, swift are trying to take our home which is also an animal sanctua:tinysmile_kiss_t4::beagle:ry, It would appear when i start to ask questions they tell me theres is nothing i can do, they have lost paperwork and door upon door is closed in my face, firstly we were sold this through a guy called matt hodgson from global reach services, (gone) he got valuation allied surveyours, ian frost. he has run away and allied surveyours are now in liquadition but set up again as allied dilengently, the point i am trying to make firstly is ian frost over valued property by more than 50% its true worth, we have proof of this five independant valuations, we have tried to get comp from insurers but allied is now liquadated, the other point i am making is we would never have acted or taken out any loan if we had known true valuation.
Also the paperwork i have has two signtures on and they arent mine, have asked swift for all copies of agreements from them, i am still waiting, weeks now and they have eviction date set for us 19th july, we have no solicitor cant afford one and dont know who to trust anymore, I am appealing via the court system but no one there is bothered and i get the ipression that they all think it is pointless what i am trying to do. I am trying to save our home and more to me than that, the sanctuary, we have only acted upon the influences of others, professional others that are suppose to know what they are doing, how is it then, that through their faults and mistakes we all have to pay the price. I chained myself to the angel of the north a few years ago i protest, i feel now that the only way to be heard it to shout as loud as we can instead of others trying to silence us for good. Our own web site is available for anyone to set up forum on, united as one, all help welcome.
Oh and i have them on tape telling me they have lost documents, then telling me that they are archived. everytime i have been in court they make me feel like nothing, them and their fancy lawyer and me on my own, who is the law for anyway?

Don`t worry Rosie you are in safe hand with Sparkie, he will help you all he can. After the OFT ruling they will be in serious trouble for this. They have not took a blind bit of notice of the requirements - but they will!! sparkie has the bit between his teeth, he won`t let go either.

TT

[Sparkie1723]

Re: Swift Advances Plc?

Hi Rosie1479,
Can you tell us if your agreement is a first charge or a second charge mortgage...we will begin checking out these people you mentioned ....our little band have ways and means of doing so

Next put a letter together and make a complaint to the OFT setting out the main points...do this quickley .....leave the other to us.

You are not a lone ....and you can certainly trust us.
I have aready just advised the OFT of the content of what you have posted, so they will be prepared to receive your complaint

Oh PS what is your web site address

Sparkie