Swift Advance After Repo

[Determined]

Re: Swift Advance After Repo

I will put this together for arrival at your home on Tuesday morning. If I have any amendments to make can I be advised soonest.

Please advise me on how the stay request should be presented and how many copies.

I am now in the hands of the experienced and await your instruction

Determined

[Sparkie1723]

Re: Swift Advance After Repo

WE just have to change Sir/Madame........ to....... Your Honour
Sparkie

[sofi3353]

Re: Swift Advance After Repo

Determined,
That is exactly what we want..........and reference should be made to the unreported case of Swift v Daley case in the reasons for a stay, which is now under Appeal with the Court of Appeal by Daley.
We could ask for even a longer stay until after the Appeal as this will have an affect on sofi's case maybe Diana M can throw some light on this.
You have put a lot of work into your submissions matey I take my hat off you again
Sparkie

thank you very much Sparkie & Determined...both of you have been helping me so much....very much appriciated...i just hope it pays off

[Sparkie1723]

Re: Swift Advance After Repo

Determined,
That is exactly what we want..........and reference should be made to the unreported case of Swift v Daley case in the reasons for a stay, which is now under Appeal with the Court of Appeal by Daley.
We could ask for even a longer stay until after the Appeal as this will have an affect on sofi's case maybe Diana M can throw some light on this.
You have put a lot of work into your submissions matey I take my hat off you again
Sparkie

[sofi3353]

Re: Swift Advance After Repo

In light of Sparkies request for a stay should she have something like this to hand in if the stay is refused

Sir/Madam

If, in my inexperience I have included anything within these papers considered inappropriate at this stage of the proceedings, I apologise to the Court unreservedly.

Representation

I remain a litigant in person despite my best efforts to secure representation and hope that I might receive the forbearance of the Court when I explain the circumstances. In addition to Point 5 in my reasons to stay the proceedings:-

I recently came to know that in a case where ‘Repossession’ of property is a consideration that I am, in all probability entitled to Legal Aid. This was confirmed by the Law Society and I obtained details of organisations, locally situated, with the expertise to assist. However, having approached those organisations I was declined representation because the matter was considered too complex.

Submissions

Swift Advances Plc business interests are wholly concerned with levying interest, on monies loaned or charges made.

The more often interest is levied, over a protracted period, the more financially beneficial it becomes to Swift Advances Plc.

Conversely, the exact reverse of that situation is most beneficial to the borrower.

The less often interest is levied, compounding over the shortest possible period, the more financially beneficial it becomes to the borrower.

It therefore follows that the Agreement, in order to reflect a fair approach on this particular point, should be clear and concise as to how the borrower should avoid interest being levied on any charges that they incur.

I submit that this particular point is covered in Paragraph M, and only Paragraph M of the Agreement, (Page Z) which reads thus.

You will be sent a notice of any costs, expenses and charges you must pay under clauses D, E, K, L, N, P and T. We have the right to amend these costs and expenses to reflect any change in the cost incurred by us in carrying out the work. We will provide you with at least 28 days notice of any changes in the level of such costs before they take effect. We will add our costs, expenses and charges as soon as we have to pay them or decide to charge them. You should pay them at that date. If you do not, we will charge interest on each day of the month (at the rate that applies to you loan) on

1. any costs, expenses and charges which we have added to your loan account, and which remain unpaid on that date
2. any interest we charged under (1) above up to the end of the previous month, and which remains unpaid on that day.

The relevant part begins ‘We will add our costs, expenses and charges etc’.#

Simply put, the appropriate way for the borrower to avoid interest being levied on charges, is to pay them, ‘at that date’. The date referred to is the date Swift Advances Plc has to pay or decide to pay a charge.

The statement is absolutely unambiguous and all of the borrower’s protection is contained therein.

The only way the borrower can possibly avoid paying interest is if Swift Advances Plc tell the borrower if they have levied the charge and for exactly how much and when.

The interpretation, implied within the clause, is the only way the borrower can be treated fairly.

By way of examples:-

• An attempted phone call
• A successful phone call to anyone other than the borrower
• A letter to a third party
• A letter received from a third party
• The cost of a solicitors agent
• The level of litigation costs
• Court fees paid

Each and every example is a reflection of a circumstance or activity outside the borrowers’ knowledge and their ability, to pay the charge, is totally dependent upon Swift Advances Plc giving notification of a date in the future when a charge would be levied.
Prior to October 2008, when changes in the Consumer Credit Act created the requirement, Swift Advances Plc did not tell borrowers of charges levied.

Documentary evidence is available where Mr Alan Loblack, for Swift Advances Plc, confirms that fact. An example of correspondence, redacted, is contained herein. (Pages x, y, x Paragraph l)

The fees and charges that have been levied on this account have been tabulated.

91 charges were levied prior to October 2008.

The total cost of those charges alone was £ 6124.80.

Swift Advances Plc levy charges and subsequently adds them to the loan balance. Interest is then calculated on a daily basis on that balance.

A demonstration of that method, concerning charges added to account prior to October 2008 is shown in Table A. (Page x).
The interest that will have accumulated by 20th of November 2016 is £ 6676.69, and that is if you only apply an interest rate at 11.16% p.a.

There have been several interest rate increases during the lifetime of the agreement, which for simplicity, have not been included.

A demonstration of the interest applied to each charge prior to October 2008 is shown in Table B (Page x)

Management charges have been isolated and are shown in Table C (Page x).

Arrears charges have been isolated and appear in Table D (Page x)

Legal charges have been isolated and appear in Table E (Page x)

Charges levied when attempts were made to contact the borrower appear in Table F (Page x)

We would submit that an adjournment is appropriate to allow the opportunity to better demonstrate and articulate this point.

The charges are also contentious and have, in part, been adjudged unfair in other proceedings (Swift Advances Plc v Daly)

We are also informed that the charges, in part, relate to activity undertaken by an entity known as Eastern Counselling, an organisation purporting to act independently of Swift Advances Plc while sharing a common address.

We will attempt to elicit that Eastern Counselling was an entity in name only and represented another arm of Swift Advances Plc. engaged in Consumer Credit activity but without the appropriate licence which we are told is a criminal offence.

i was actually going to suggest that what if the judge doesn't agree to a stay of proceeding then what i say in my defence but you beat me to it Determined

thank you very much Determined

[Determined]

Re: Swift Advance After Repo

In light of Sparkies request for a stay should she have something like this to hand in if the stay is refused

Your Honour,

If, in my inexperience I have included anything within these papers considered inappropriate at this stage of the proceedings, I apologise to the Court unreservedly.

Representation

I remain a litigant in person despite my best efforts to secure representation and hope that I might receive the forbearance of the Court when I explain the circumstances. In addition to Point 5 in my reasons to stay the proceedings:-

I recently came to know that in a case where ‘Repossession’ of property is a consideration that I am, in all probability entitled to Legal Aid. This was confirmed by the Law Society and I obtained details of organisations, locally situated, with the expertise to assist. However, having approached those organisations I was declined representation because the matter was considered too complex.

Submissions

Swift Advances Plc business interests are wholly concerned with levying interest, on monies loaned or charges made.

The more often interest is levied, over a protracted period, the more financially beneficial it becomes to Swift Advances Plc.

Conversely, the exact reverse of that situation is most beneficial to the borrower.

The less often interest is levied, compounding over the shortest possible period, the more financially beneficial it becomes to the borrower.

It therefore follows that the Agreement, in order to reflect a fair approach on this particular point, should be clear and concise as to how the borrower should avoid interest being levied on any charges that they incur.

I submit that this particular point is covered in Paragraph M, and only Paragraph M of the Agreement, (Page Z) which reads thus.

You will be sent a notice of any costs, expenses and charges you must pay under clauses D, E, K, L, N, P and T. We have the right to amend these costs and expenses to reflect any change in the cost incurred by us in carrying out the work. We will provide you with at least 28 days notice of any changes in the level of such costs before they take effect. We will add our costs, expenses and charges as soon as we have to pay them or decide to charge them. You should pay them at that date. If you do not, we will charge interest on each day of the month (at the rate that applies to you loan) on

1. any costs, expenses and charges which we have added to your loan account, and which remain unpaid on that date
2. any interest we charged under (1) above up to the end of the previous month, and which remains unpaid on that day.

The relevant part begins ‘We will add our costs, expenses and charges etc’.#

Simply put, the appropriate way for the borrower to avoid interest being levied on charges, is to pay them, ‘at that date’. The date referred to is the date Swift Advances Plc has to pay or decide to pay a charge.

The statement is absolutely unambiguous and all of the borrower’s protection is contained therein.

The only way the borrower can possibly avoid paying interest is if Swift Advances Plc tell the borrower if they have levied the charge and for exactly how much and when.

The interpretation, implied within the clause, is the only way the borrower can be treated fairly.

By way of examples:-

• An attempted phone call
• A successful phone call to anyone other than the borrower
• A letter to a third party
• A letter received from a third party
• The cost of a solicitors agent
• The level of litigation costs
• Court fees paid

Each and every example is a reflection of a circumstance or activity outside the borrowers’ knowledge and their ability, to pay the charge, is totally dependent upon Swift Advances Plc giving notification of a date in the future when a charge would be levied.
Prior to October 2008, when changes in the Consumer Credit Act created the requirement, Swift Advances Plc did not tell borrowers of charges levied.

Documentary evidence is available where Mr Alan Loblack, for Swift Advances Plc, confirms that fact. An example of correspondence, redacted, is contained herein. (Pages x, y, x Paragraph l)

The fees and charges that have been levied on this account have been tabulated.

91 charges were levied prior to October 2008.

The total cost of those charges alone was £ 6124.80.

Swift Advances Plc levy charges and subsequently adds them to the loan balance. Interest is then calculated on a daily basis on that balance.

A demonstration of that method, concerning charges added to account prior to October 2008 is shown in Table A. (Page x).
The interest that will have accumulated by 17 th of November 2016 is £ 6670.55, and that is if you only apply an interest rate at 11.16% p.a.

There have been several interest rate increases during the lifetime of the agreement, which for simplicity, have not been included.

A demonstration of the interest applied to each charge prior to October 2008 is shown in Table B (Page x)

Management charges have been isolated and are shown in Table C (Page x).

Arrears charges have been isolated and appear in Table D (Page x)

Legal charges have been isolated and appear in Table E (Page x)

Charges levied when attempts were made to contact the borrower appear in Table F (Page x)

I would submit that an adjournment is appropriate to allow the opportunity to better demonstrate and articulate this point.

The charges are also contentious and have, in part, been adjudged unfair in other proceedings (Swift Advances Plc v Daly)

I am also informed that the charges, in part, relate to activity undertaken by an entity known as Eastern Counselling, an organisation purporting to act independently of Swift Advances Plc while sharing a common address.

I will attempt to elicit that Eastern Counselling was an entity in name only and represented another arm of Swift Advances Plc. engaged in Consumer Credit activity but without the appropriate licence which we are told is a criminal offence.

[sofi3353]

Re: Swift Advance After Repo

I have drafted this setting out the reasons for sofi's application for a stay.
Can anyone help in checking it to see if its good enough.
Sparkie

Reasons for Application for an Order for a stay of proceedings

1. The Defendant wrote to the Claimant asking them to agree to a stay in proceedings setting out the reasons for her request Exh 1.

1. Exh 2 is a copy of the Subject Data Access Request referred to in the above.

1. Exh 3 is a copy of the Claimants response refusing to agree to a stay in the proceedings and their reasons

1. The Defendants reason for late SDAR application and request for the agreed stay is as follows;

In late September, early October her mother became seriously ill with pneumonia, sadly her mother passed away on ( date here)

5. Ex 4 is a coy of mothers death certificate her Mothers death had a severe impact on the Defendants ability to think logically and with a clear head. She still suffers from her mothers death and finds it hard to cope with all that is transpiring at this time

6.It is the Defendantsbelief that the information held by the Claimant is of great importance to thiscase. Notably the History Notes which are a complete accurate record of allimportant events pertaining to the Defendants account. The Claimant has accessto this, the Defendant does not, and is severely disadvantaged.

7. Exh 5 is a copy of the Defendants SDAR submitted to the Claimant.

8. Unfortunately she did not state the payees name on the Postal Order for £10.00 which is the fee required for the request for such information, and the Claimant returned it.

9. Exh 6 is a copy of the Claimants letter stating the reason returning said Postal OrderThe Defendant has since filled the payees name in and sent the Postal Order back to the Claimant.

10. The timescale for an SDAR is 40 days, and is the reason the Defendant has asked for the stay until at least the middle of January 2017.

The Defendant respectfully asks the Court to Order a stay on proceedings based on the reasons stated above.



Font and numbering has gone weird Determined had the same problem??????

Looks reasonable enough.....lets see what the others have to say

tnx Sparkie

[Sparkie1723]

Re: Swift Advance After Repo

I have drafted this setting out the reasons for sofi's application for a stay.
Can anyone help in checking it to see if its good enough.
Sparkie

Reasons for Application for an Order for a stay of proceedings

1. The Defendant wrote to the Claimant asking them to agree to a stay in proceedings setting out the reasons for her request Exh 1.

1. Exh 2 is a copy of the Subject Data Access Request referred to in the above.

1. Exh 3 is a copy of the Claimants response refusing to agree to a stay in the proceedings and their reasons

1. The Defendants reason for late SDAR application and request for the agreed stay is as follows;

In late September, early October her mother became seriously ill with pneumonia, sadly her mother passed away on ( date here)

5. Ex 4 is a coy of mothers death certificate her Mothers death had a severe impact on the Defendants ability to think logically and with a clear head. She still suffers from her mothers death and finds it hard to cope with all that is transpiring at this time

6.It is the Defendantsbelief that the information held by the Claimant is of great importance to thiscase. Notably the History Notes which are a complete accurate record of allimportant events pertaining to the Defendants account. The Claimant has accessto this, the Defendant does not, and is severely disadvantaged.

7. Exh 5 is a copy of the Defendants SDAR submitted to the Claimant.

8. Unfortunately she did not state the payees name on the Postal Order for £10.00 which is the fee required for the request for such information, and the Claimant returned it.

9. Exh 6 is a copy of the Claimants letter stating the reason returning said Postal OrderThe Defendant has since filled the payees name in and sent the Postal Order back to the Claimant.

10. The timescale for an SDAR is 40 days, and is the reason the Defendant has asked for the stay until at least the middle of January 2017.

The Defendant respectfully asks the Court to Order a stay on proceedings based on the reasons stated above.



Font and numbering has gone weird Determined had the same problem??????

[sofi3353]

Re: Swift Advance After Repo

Sofi I would really urge you to mention about the death of your mother, whatever you would like to admit I know how these events can affect your actions and reasoning without you actually being aware of it. When my mother died I tried to carry on like normal, life goes on right, but it was obvious I wasn't behaving like normal.

absolutly will mention it @ Meellis because even though im trying to carry on as normal it is still affecting me

[meellis]

Re: Swift Advance After Repo

Sofi I would really urge you to mention about the death of your mother, whatever you would like to admit I know how these events can affect your actions and reasoning without you actually being aware of it. When my mother died I tried to carry on like normal, life goes on right, but it was obvious I wasn't behaving like normal.

[sofi3353]

Re: Swift Advance After Repo

Taking away a persons home is the most serious steps the Court can take, it must not do so in circumstances where you havent had a fair trial. I cannot see how you can go ahead without having all of the data you need from Swift, the fact theyve delayed will not help them in my view.

its probably partly my fault that i left it too late but that was not of my own choice.....my mum died from pneumonia on 23rd of October 2016 and a week prior to that she was hospitalised which is why its been left till late

maybe i could mention this to the judge and also take my mums death certificate with me

[sofi3353]

Re: Swift Advance After Repo

When will you know if the solicitor is able to deal with this for you?

You said in an earlier post that he was considering a No Win No Fee arrangement which suggests he's confident that you have a good case.

Di

he said he was going to ring me later today but not heard from him. will contact him again tomorrow

spoke to someone at Farleys Solicitors today and she said she would get someone to call me back but no one called back

i think i will be representing myself again

[Sparkie1723]

Re: Swift Advance After Repo

There are a couple of points where the judge made the wrong assumption on the balance of probabilities of the provision of the Tariff of Charges,
THese are never sent to any borrower BEFORE the agreement is signed.....On one of Swifts website it confirms that they are sent with the welcome letter which is sent after the agreement is signed.........I'll find that again.
Second Mark White is again up to his tricks The BOE rate has no affect on Swifts interest rate .
I have letters from Swift and Mark Whites testimony under oath accepted by the recorder in our case that the cost of their funding is solely governed by the LIBOR
There is evidence that Swift increased their interest when the LIBOR rate remained static.
These are big issues that must be put before the Court in Sofies case that's why she needs an adjournment.
They can be busted about White and his misinformation.
Sparkie.

They have removed the statement about tariff of charges being sent with their welcome letter......they must have spotted that ...they did have a lot of web sites but they deleted most of them they only have one or two now...........probably because they cannot afford to keep them running

[pt2537]

Re: Swift Advance After Repo

Taking away a persons home is the most serious steps the Court can take, it must not do so in circumstances where you havent had a fair trial. I cannot see how you can go ahead without having all of the data you need from Swift, the fact theyve delayed will not help them in my view.

[Diana M]

Re: Swift Advance After Repo

i spoken to the solicitor and theres 99% that he will be able to represent me....hes just waiting for clearance from the law firm that he wishes to use and even if he cant he saying that most likely i will be able to get it adjourned

When will you know if the solicitor is able to deal with this for you?

You said in an earlier post that he was considering a No Win No Fee arrangement which suggests he's confident that you have a good case.

Di