Swift Advances Plc?

[Guest]

Re: Swift Advances Plc?

The beauty of a claim for unenforceability using a misstatement of the prescribed terms is that you can prove your case with a calculator. Opinion or prejudice is not relevant.
I fully expect the creditor in Dave’s case to come back and say the Broker fee is exempt from the total charge for credit, but of course if it was it would then have to be contained within the total credit which is also a prescribed term.
In many ways this kind of defence is better than them having no agreement at all.
It is all there in black and white, you just have to understand the math.
Peter

[yorkie-dave]

Re: Swift Advances Plc?

yes we are bang upto date with payments and have all our bank statements going back to start of the loan to prove every payment was took too

yes were are going to carry on paying the loan,were not stopping now,i will get letter sent out in the morning recorded delivery.

thanks guysaw:
------------------------------- merged -------------------------------
so what your saying peter is which ever answer they give...its going to be wrong on their part?

after all,a dog cannot have 2 tails

[Guest]

Re: Swift Advances Plc?

Yes it is a technical error but never the less it is a critical one.
Financially thy have not taken money that was not owed(well maybe a few pounds) but as far as the act is concerned as I said it is irrelevant, this is why the section of the act we are using was repealed of course, unfortunately for them the repeal was not retrospective.
Peter

[yorkie-dave]

Re: Swift Advances Plc?

ok got a reply from swift today:

[yorkie-dave]

Re: Swift Advances Plc?

anyone?

[yorkie-dave]

Re: Swift Advances Plc?

hello anyone?

[yorkie-dave]

Re: Swift Advances Plc?

well i did as i was asked to do but now the help has stopped

[Dougal16T]

Re: Swift Advances Plc?

Morning Yorkie Dave and everyone,

I am sorry if the help has stopped....I might be able to help depending on the problem. I am afraid I do not know what the trouble was - can you enlighten me (if you wish, that is)?

Best wishes to all,


Dougal

[yorkie-dave]

Re: Swift Advances Plc?

hi douglas

it was regards post 179 2 pages back,then peter and sparky told me to write to swift regarding the interest as a prescribed term which i did..then its all gone quiet and no one replies

[Sparkie1723]

Re: Swift Advances Plc?

Sorry all help has stopped Yorkie.......the angle that you were thinking of chasing is not quite my speciality ...........I am pursuing them under different circumstances.....Swift are so clever at handling charge reclaims they have had so much practice ........I am pursuing them in a way they have never encountered before..........what I can say is Swift have a habit of ignoring you ........when you are too close for comfort for them they go into their protective shell of silence.........hower that shell is set to crumble.
keep cool matey.

What bit of advice on th issue of reclaiming the charges is tell them that you will be claiming interest at contract rate compounded on a daily basis exactly as they do.....PLUS County Court rate interest of 8% on top, advise tem that the longer they delay paymant the more interest they will eventually be liable for......use the words they use against you. They won't like that one bit

Sparkie

[yorkie-dave]

Re: Swift Advances Plc?

but what exactly am i claiming for??

i think peter was the one who told me to write to them regards the matter but i dont know where i stand on the matter...

[Guest]

Re: Swift Advances Plc?

but what exactly am i claiming for??

i think peter was the one who told me to write to them regards the matter but i dont know where i stand on the matter...

Hi

Apparently they have responde by saying that the interst on charges is not applicable, and siting Southern Pacific as authority. This was expected, what has to be done now is to distinguish your claim from the case they mention.

I believe that this can be done.

Are you in difficulty with this loan at the moment?

Pete

[yorkie-dave]

Re: Swift Advances Plc?

hi peter

well money is tight but we are paying it,not missed any payments yet
g

[Guest]

Re: Swift Advances Plc?

Hi

I was aware of the Southern Pacific ruling but i think the particulars of that case are significantly different to yours.

I did half expect them to bring it up though. If this is not too urgent i will get back to you ASAP, i have anumber of things going at the moment.

You must remember that we are talking about unenforceabiity of the agreement here they are not going to make this easy, if you are paying the agreement and they are not treating you unfairly i would cary on doing the same, it is intersting to explore the technicalities and have the optopns available should you need them of course.


Peter

[yorkie-dave]

Re: Swift Advances Plc?

hi peter

well its not urgent no,but if im paying for something i shouldnt be then the sooner the better its sorted hehe

just sort yourself out and then have a look and see what you can come up with.

cheers