Swift Advances problem

[Guest]

Re: Swift Advances problem

Hi
No I cant find any SI prescribing the form of the charge document.

I think you should direct him to the security issue as per Sparkie it may well be that they have not secured the property correctly, if they have not, then section 106 of the consumer credit act may come into play.
I would get him to check the prescribed terms on the agreement also, also i would send off the SAR so that we can see how they arrived at the figures they have.
Also esquire about the unfairness issues and the possibly of a claim under section 140 of the cca 2006

I would also query the way they altered the interest rates, i have heard before about the way they put them up when the base rate goes up but fail to put them down when it drops, this seems unfair to me and may also be a possible claim under section 140.
D

[Sparkie1723]

Re: Swift Advances problem

Law of Property Act........Proceeds of Crime Act 2002 ....Misrepresentation Act 1987...The New FRaud Act 2006 .........mention these statutes to the solicitor......all these act overrule the CCA act.

The CCA Act is a minefield even Barristers don't understand it properly ....thats why I shy away from from it if I can.
Very few cases have suceeded under Section 140 of the CCA even the OFT have come unstuck on a couple of claims under it.
I recall only One that was Bentley v Blemain but even that was not a ruling...... it ended up a settlement agreement

Sparkie

[Guest]

Re: Swift Advances problem

Law of Property Act........Proceeds of Crime Act 2002 ....Misrepresentation Act 1987...The New FRaud Act 2006 .........mention these statutes to the solicitor......all these act overrule the CCA act.

The CCA Act is a minefield even Barristers don't understand it properly ....thats why I shy away from from it if I can.
Very few cases have suceeded under Section 140 of the CCA even the OFT have come unstuck on a couple of claims under it.
I recall only One that was Bentley v Blemain but even that was not a ruling...... it ended up a settlement agreement

Sparkie

I understand the CCA Sparkie (most of it), i am sure the solicitor will to. Since the agreement is regulated under it, it does seem like the logical place to start.

Don't disregard section 140 i know of some very good wins using this, and after all unfairness is what we are talking about.

D

[Guest]

Re: Swift Advances problem

Law of Property Act........Proceeds of Crime Act 2002 ....Misrepresentation Act 1987...The New FRaud Act 2006 .........mention these statutes to the solicitor......all these act overrule the CCA act.


Sparkie

Out of interest, what do you mean by"overrule? Most of the acts you mention are criminal rather than civil, i don't think they overrule do they?

D

[Sparkie1723]

Re: Swift Advances problem

Out of interest, what do you mean by"overrule? Most of the acts you mention are criminal rather than civil, i don't think they overrule do they?

D

Hi again Dave.
I used the wong word over rule it should have been "take precedent"

None of these are particularised as criminal Acts I have used 3 of them ( Except the Law of Property Act) which is the act Swift Pursue under in a 3 day big claim in the civil court I am awaiting draft Judgement on.
Just for info and just my opinion.

Sparkie

[Guest]

Re: Swift Advances problem

Hi again Dave.
I used the wong word over rule it should have been "take precedent"

None of these are particularised as criminal Acts I have used 3 of them ( Except the Law of Property Act) which is the act Swift Pursue under in a 3 day big claim in the civil court I am awaiting draft Judgement on.
Just for info and just my opinion.

Sparkie

Sparkie most of these are prosecuted by the CPS. No act of parliament takes prescient over any other, its a matter of horses for courses.

Eagerly awaiting the result of your "big claim"though.

FYI

D

[Sparkie1723]

Re: Swift Advances problem

Sparkie most of these are prosecuted by the CPS. No act of parliament takes prescient over any other, its a matter of horses for courses.

Eagerly awaiting the result of your "big claim"though.

FYI

D

So am I Dave .....so am I .......I believe it will be more postive for us than for the Defendant ...based on how I read the Judges comments during the trial..............I'm not over confident so keep your fingers crossed.....the judgement although County Court it is by the senior Judge at the Court in question who is a High Court Judge.......will be very useful to others fighting wrong incorrect default entries on credit files.

Not long to wait now
Sparkie

[Guest]

Re: Swift Advances problem

So am I Dave .....so am I .......I believe it will be more postive for us than for the Defendant ...based on how I read the Judges comments during the trial..............I'm not over confident so keep your fingers crossed.....the judgement although County Court it is by the senior Judge at the Court in question who is a High Court Judge.......will be very useful to others fighting wrong incorrect default entries on credit files.

Not long to wait now
Sparkie

Remember to keep us none VIP ers updated

D

[john 1963]

Re: Swift Advances problem

here's an update guys. Spoke to a solicitor and he says it makes no difference that we both signed the loan agreement and the mortgage is only in my wife's name, they would pursue her through the courts.
I would like to quote you a passage from the letter off the FSA, everytime I have phoned her for an explanation she has been out.........

"As a consequence of these arrears/late payments, fees started to accrue on the account, which resulted in arrears management fees being applied. I can also see Swift had to correspond with Santander and CapQuest in respect of interim charging orders and a final charging order from Santander on 4 April 2011."

Can anyone explain what that paragraph means? CapQuest was a catalogue company which the wife had an account with and had forgotten about, she owed about £100 and is now paying it off. Santander provided the finance (through the garage) for a car purchase in 2005, after my accident in 2007 the car was repossesed as she was behind with the payments due to the advice given by the CAB. However no payments have been missed on what she is paying back.

I cannot understand what these two things have to do with Swift.

[Guest]

Re: Swift Advances problem

Hi

Yes i thought the signature thing was a bit of a long shot.

I think what they are saying is that the account went into, "roll up" this means that when the late fees/charges were applied, the contractual repayments paid did not cover the amounts due in interest for that month, as a result instead of the debt decreasing with each payment it increased.

Really we need to see a record of payments made and the terms and conditions of your loan, as I said earlier there are a number of issues, including fairness which should not be overlooked.
D

[john 1963]

Re: Swift Advances problem

any idea what Santander and CapQuest have to do with this?

[Guest]

Re: Swift Advances problem

I would imagine that they added charges to your account for costs incurred in making the inquiries. You really need to see the statements.

D

[Albierose26]

Re: Swift Advances problem

I have a charge on my a/c and Swifts have told me it was for a letter they sent to my 1st mortgage providers to ask if I was in arrears with them!!! (This was mid-way thru the loan when I went into arrears with Swifts) Are they allowed to do this and if my 1st mortgage provider provided the details have they breached any data protection rules? Thanks

[Guest]

Re: Swift Advances problem

I have a charge on my a/c and Swifts have told me it was for a letter they sent to my 1st mortgage providers to ask if I was in arrears with them!!! (This was mid-way thru the loan when I went into arrears with Swifts) Are they allowed to do this and if my 1st mortgage provider provided the details have they breached any data protection rules? Thanks

I don't think that there are any DPA issues involved here but I do think they have a cheek charging you for the letter, and I am fairly sure it is reclaimable.

D

[lancasterlassie]

Re: Swift Advances problem

hi im new to the site and i am desperate for some help in claiming as a missold morgage i was unemployed the broker stated do a self cert was on benefit was way past our retirement and now sold house save loosing