Swift Advances Plc?

[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?

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

[yorkie-dave]

Re: Swift Advances Plc?

hello anyone?

[yorkie-dave]

Re: Swift Advances Plc?

anyone?

[yorkie-dave]

Re: Swift Advances Plc?

ok got a reply from swift today:

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but as far as the act is concerned as I said it is irrelevant, this is why the section of the act we are using was repealed of course, unfortunately for them the repeal was not retrospective.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?

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:
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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

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

Re: Swift Advances Plc?

HI Peter,
So does the selling of our loan agreement to Kestrel Loans No 1 Ltd 14 days after we had signed the agreement ......................and the double accounting of all payments on the agreement being carried out by both companies at the same time...........makes prescribed terms issue a bit dull ...don't you think??

They are not fanciful claims I have the prima fascia evidence of it all........do the Courts take any notice of that.................Answer....NO!!!!


Sparkie

Dull maybe but proven in numerous cases to be effective, courts have no option but to take notice in a pescribed term violation, they do not have the power to enforce.

Peter

[Sparkie1723]

Re: Swift Advances Plc?

HI Peter,
So does the selling of our loan agreement to Kestrel Loans No 1 Ltd 14 days after we had signed the agreement ......................and the double accounting of all payments on the agreement being carried out by both companies at the same time...........makes prescribed terms issue a bit dull ...don't you think??

They are not fanciful claims I have the prima fascia evidence of it all........do the Courts take any notice of that.................Answer....NO!!!!


Sparkie

Re: Swift Advances Plc?

Swift are not accomodating in any way even if you have them by the short and curlys..........that I can state emphatically...

I have sent 8 e-mails requesting transcripts of the last 4 telephone converstaions I had with certain individuals that contain damming satements made by them........they refuse to acknowlegde the e-mails and have not supplied these recordings.

In one of these conversations I was told that the only things they will discuss with me are .............payments on our loan and ..........our agreement,

I was advised that as our underwriting sheet in its proper format did not concern the two issues above ,they will not be suplying it...........I said the underwriting sheet does form part of our agreement as that is how & what the agreement and the loan is decided on ...They said "No it does not".......I was asked if they would put it in writing that it did not conceren our loan.....and in that conversation I was told..... "No we will not put that in writing".

That is why I want these recordings........they have failed to supply them..

That's how accomodating "Swift" are.

Sparkie

Fortunately Daves case does enequivically concerne the agreement.

It is a prescribed term issue.

Peter

[Sparkie1723]

Re: Swift Advances Plc?

Swift are not accomodating in any way even if you have them by the short and curlys..........that I can state emphatically...

I have sent 8 e-mails requesting transcripts of the last 4 telephone converstaions I had with certain individuals that contain damming satements made by them........they refuse to acknowlegde the e-mails and have not supplied these recordings.

In one of these conversations I was told that the only things they will discuss with me are .............payments on our loan and ..........our agreement,

I was advised that as our underwriting sheet in its proper format did not concern the two issues above ,they will not be suplying it...........I said the underwriting sheet does form part of our agreement as that is how & what the agreement and the loan is decided on ...They said "No it does not".......I was asked if they would put it in writing that it did not conceren our loan.....and in that conversation I was told..... "No we will not put that in writing".

That is why I want these recordings........they have failed to supply them..

That's how accomodating "Swift" are.

Sparkie

Re: Swift Advances Plc?

Hi
Sorry for the delay in replying for some reason i didnt get the notification.

Yes by all means send it. Just a point though, if you are currently upto date and can afford to maintain the loan for goodness sake you must not stop paying on the strength of this.

I am sure you know but unenforceability does not mean that you do not owe the money just that the cannot pursue you for it through the court. They can still wreck your credit rating and tnstruct DCAs etc.

It is however handy to know that the agreement is unennforceable if things become difficult financially, and creditors are much friendlier and more accommodating i find if you have them by the b*lls

Peter

[Sparkie1723]

Re: Swift Advances Plc?

Just to let folks know I'm still around ...........been giving "Swift" and "Promise Solutions" some more serious problems via the OFT and ICO.

I'll update things later.

Sparkie
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hi peter

i have copied your letter out and all ready to print and send to swift today.

since the agreement is a joint one with me and my partner will her name need to be printed on the bottom of the letter too or just mine?

how long do i have to wait for a reply to this letter too?,do i need to give them a timescale on the letter etc or just do it exactly as you have said?

thanks and sorry for all the questions,but if your gonna do anything,do it right and do it once:amen:

Hi Dave,

All you need to do is write it and sign
like this

Mr Dave "Yorkie"????
also for and on behalf of ....and add partners name



Sparkie

[yorkie-dave]

Re: Swift Advances Plc?

Regarding the APR this is as i said correct. I have noticed however that this is a variable rate agreemnt, which means that the Interst is a prescribed term.
Therefore i would suggest you send this and see what happens.

Dear Sir
On examination of the agreement I notice that the figure given for the APR quoted indicates that the Brokers fees and other charges are contained within the total charge for Credit. This is of course compliant with section 20 of the Consumer Credit Act.
Upon further investigation however it appears that the monthly interest (1.08%) is being applied to the Total amount Payable (£14935), which includes these fees and charges.
I am sure you realise that the rate of interest is a prescribed term under Schedule 6(4b) “A term states the rate of any interest on the credit to be provided under the agreement.”
It would seem that the rate quoted is applied to the total credit + charges which as you can see is none compliant.
I am sure you realise the seriousness of this, in that the rate of interest is a prescribed term on this type of agreement and none compliance with section 6 would render the agreement unenforceable via section 65 and 127(3) of the act.
Until a satisfactory explanation is received from you pointing out any error in my calculations I therefore consider this agreement unenforceable in law.
Peter

hi peter

i have copied your letter out and all ready to print and send to swift today.

since the agreement is a joint one with me and my partner will her name need to be printed on the bottom of the letter too or just mine?

how long do i have to wait for a reply to this letter too?,do i need to give them a timescale on the letter etc or just do it exactly as you have said?

thanks and sorry for all the questions,but if your gonna do anything,do it right and do it once:amen: