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Swift Advance After Repo

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  • Sparkie1723
    replied
    Re: Swift Advance After Repo

    Originally posted by sofi3353 View Post
    yet they were still using it
    Exactly and by doing so they committed a criminal offence...........Swift Advances Plc used Eastern Counselling to levy the fees and charge who then added them to your account .......Unlawfully.
    This will be included in the Defence and Counterclaim we will put together for you ..........that is if you cannot get a Solicitor/Counsel to represent you.
    With a bit of luck we could get your agreement rescinded ...........But we need your History Notes form your SAR information
    Sparkie

    Leave a comment:


  • sofi3353
    replied
    Re: Swift Advance After Repo

    Originally posted by Sparkie1723 View Post
    Attached is what the OFT said in the second page of a letter
    yet they were still using it

    Leave a comment:


  • Sparkie1723
    replied
    Re: Swift Advance After Repo

    Originally posted by sofi3353 View Post
    email sent to swift

    - - - Updated - - -



    now i understand why you said the letters from Eastern counselling were an important part
    Attached is what the OFT said in the second page of a letter
    Attached Files

    Leave a comment:


  • sofi3353
    replied
    Re: Swift Advance After Repo

    email sent to swift

    - - - Updated - - -

    Originally posted by Sparkie1723 View Post
    We have absolute evidence and confirmation from the OFT that Swift did not include Eastern Counselling in their CC licence from 2004, and as they have used it since that is deemed to be a criminal offence under section 39 of the Consumer Credit Act 1974 and its subsequent amendments 2006.

    A claim can neither be pursued or defended against the background of an illegal act under the Doctrine of the Illegal Defence.
    Sparkie
    now i understand why you said the letters from Eastern counselling were an important part

    Leave a comment:


  • Sparkie1723
    replied
    Re: Swift Advance After Repo

    We have absolute evidence and confirmation from the OFT that Swift did not include Eastern Counselling in their CC licence from 2004, and as they have used it since that is deemed to be a criminal offence under section 39 of the Consumer Credit Act 1974 and its subsequent amendments 2006.

    A claim can neither be pursued or defended against the background of an illegal act under the Doctrine of the Illegal Defence.
    Sparkie

    Leave a comment:


  • sofi3353
    replied
    Re: Swift Advance After Repo

    Originally posted by Sparkie1723 View Post
    This is what I have told sofi to send to Swift.
    I just could not resist having a dig at them

    Sparkie

    Hi Sofi,
    Send this to Swift tonight so that they have it by start of business tomorrow.. We have to try and buy you some time
    Brian
    To info@swift.co.uk


    Just write Please pass this e-mail letter on to Eastern Counselling Litigation Department.


    To Swift Advances plc16th November 2016
    Arcadia House
    Warley Hill Business Park
    The Drive, Brentwood
    Essex CM13 3BH

    Dear Sirs,

    Reference agreement numberBA2347/49930

    I write in reference to the forthcoming hearing in the matter of Swift Advances v Ourselves on 23rd November 2016.

    Our preparation for the hearing is reliant upon the provision of information by you with regard to the loan and the circumstances and level of the alleged debt.

    We are therefore in your hands and the speed with which you comply with a Subject Access Request.

    In those circumstances and with a view to minimising costs we would ask that you agree to a stay, of the proceedings, until say mid January 2017.

    In the event that you will not agree we will make the Court aware of the representations we have made to you in an attempt to preserve Court time and make the same request directly to the Court itself.

    We trust that you will concur that any other action will wholly disadvantage the inexperienced litigant in person with no experience of Court procedure.

    You hold the information we need to provide a proper response and hope you will see we should not be disadvantaged by any delay instigated by our opponent.

    Please respond by return.

    will get onto it right away sparkie

    thank you once again

    sofi

    Leave a comment:


  • Sparkie1723
    replied
    Re: Swift Advance After Repo

    This is what I have told sofi to send to Swift.
    I just could not resist having a dig at them

    Sparkie

    Hi Sofi,
    Send this to Swift tonight so that they have it by start of business tomorrow.. We have to try and buy you some time
    Brian
    To info@swift.co.uk


    Just write Please pass this e-mail letter on to Eastern Counselling Litigation Department.


    To Swift Advances plc16th November 2016
    Arcadia House
    Warley Hill Business Park
    The Drive, Brentwood
    Essex CM13 3BH

    Dear Sirs,

    Reference agreement numberBA2347/49930

    I write in reference to the forthcoming hearing in the matter of Swift Advances v Ourselves on 23rd November 2016.

    Our preparation for the hearing is reliant upon the provision of information by you with regard to the loan and the circumstances and level of the alleged debt.

    We are therefore in your hands and the speed with which you comply with a Subject Access Request.

    In those circumstances and with a view to minimising costs we would ask that you agree to a stay, of the proceedings, until say mid January 2017.

    In the event that you will not agree we will make the Court aware of the representations we have made to you in an attempt to preserve Court time and make the same request directly to the Court itself.

    We trust that you will concur that any other action will wholly disadvantage the inexperienced litigant in person with no experience of Court procedure.

    You hold the information we need to provide a proper response and hope you will see we should not be disadvantaged by any delay instigated by our opponent.

    Please respond by return.

    Leave a comment:


  • Sparkie1723
    replied
    Re: Swift Advance After Repo

    Originally posted by sofi3353 View Post
    once again thank you v much

    is there any template letter that you know of which i can use for stay of proceedings??
    Hi sofi
    We have drafted one for you and I have just sent it to you by e-mail.
    Sparkie

    Leave a comment:


  • sofi3353
    replied
    Re: Swift Advance After Repo

    Originally posted by Determined View Post
    Tomorrow, when I have more time, I will walk you through how that spread sheet works.

    Regards
    once again thank you v much

    is there any template letter that you know of which i can use for stay of proceedings??

    Leave a comment:


  • Determined
    replied
    Re: Swift Advance After Repo

    Originally posted by sofi3353 View Post
    thank you

    i understand

    will get on to the stay of proceedings
    Tomorrow, when I have more time, I will walk you through how that spread sheet works.

    Regards

    Leave a comment:


  • sofi3353
    replied
    Re: Swift Advance After Repo

    Originally posted by Determined View Post
    Correct and because they did not have to they did not. However if you read Paragraph M how could you ever pay a charge to avoid interest if they did not tell you. IT IS IMPOSSIBLE for an attempt phone call etc.

    Read my note carefully and absorb what is being said.

    We are trying to say that at worst their figures are wrong and need to be thoroughly examined.

    They are saying, in our opinion, you owe £6000.00 + more than you do.

    We can dissect the rest later. At the moment you need a 'stay' of proceedings to gather more evidence.

    Regards

    thank you

    i understand

    will get on to the stay of proceedings

    Leave a comment:


  • Determined
    replied
    Re: Swift Advance After Repo

    Originally posted by sofi3353 View Post
    yes i understand that now

    the spreadsheet which i have is for charges up until february 2016 and i understand why you have done the spreadsheet up until october 2008 because prior to october 2008 swift were not required to inform customers of any charges
    Correct and because they did not have to they did not. However if you read Paragraph M how could you ever pay a charge to avoid interest if they did not tell you. IT IS IMPOSSIBLE for an attempt phone call etc.

    Read my note carefully and absorb what is being said.

    We are trying to say that at worst their figures are wrong and need to be thoroughly examined.

    They are saying, in our opinion, you owe £6000.00 + more than you do.

    We can dissect the rest later. At the moment you need a 'stay' of proceedings to gather more evidence.

    Regards

    Leave a comment:


  • sofi3353
    replied
    Re: Swift Advance After Repo

    Originally posted by Determined View Post
    This spreadsheet is for charges UP TO OCTOBER 2008 but not for a penny afterwards.

    Do you understand what it means.

    Regards
    yes i understand that now

    the spreadsheet which i have is for charges up until february 2016 and i understand why you have done the spreadsheet up until october 2008 because prior to october 2008 swift were not required to inform customers of any charges

    Leave a comment:


  • Determined
    replied
    Re: Swift Advance After Repo

    Originally posted by sofi3353 View Post
    Determined is this spreadsheet for fees/interest

    i have another one which someone did for me and that shows a much higher figure.....i will email it to sparkie and then maybe you could have a look at it
    This spreadsheet is for charges UP TO OCTOBER 2008 but not for a penny afterwards.

    Do you understand what it means.

    This is what happened to the charges before October 2008 when you were never told they were being added.
    Look at them in conjunction with the report.
    I have done nothing with the charges after October 2008 because you were probably told about them.

    If you have a spreadsheet, what is that one purporting to say.

    Regards

    Determined
    Last edited by Determined; 16th November 2016, 16:28:PM.

    Leave a comment:


  • sofi3353
    replied
    Re: Swift Advance After Repo

    Originally posted by Sparkie1723 View Post
    Date Reason Type Amount No of Days Interest Compounding Rate c
    15/05/06 FM Consent Letter Admin Fee 23.00 0.00030575
    06/06/06 FM Consent Letter Admin Fee 23.00 22 0.15 46.15 0.00030575
    20/06/06 Returned DD Admin Fee 33.00 14 0.20 79.35 0.00030575
    26/06/06 Arrears charge Admin Fee 23.00 6 0.15 102.50 0.00030575
    29/06/06 Phone Call Admin Fee 23.00 3 0.09 125.59 0.00030575
    03/07/06 Admin Charge Admin Fee 23.00 4 0.15 148.75 0.00030575
    04/07/06 Letter to Ist Mortgage Admin Fee 23.00 1 0.05 171.79 0.00030575
    04/07/06 Arrears charge Admin Fee 23.00 0 0.00 194.79 0.00030575
    12/07/06 Letter to Ist Mortgage Admin Fee 23.00 8 0.48 218.27 0.00030575
    18/07/06 Letter to Ist Mortgage Admin Fee 12.00 6 0.40 230.67 0.00030575
    26/07/06 Letter to Ist Mortgage Admin Fee 12.00 8 0.56 243.23 0.00030575
    26/07/06 Letter Received from !st Admin Fee 12.00 0 0.00 255.23 x 0.00030575
    20/10/06 Admin Charge Admin Fee 33.00 86 6.71 294.94 0.00030575 x
    24/10/06 Arrears charge Admin Fee 23.00 4 0.36 318.30 0.00030575
    26/10/06 Letter to Ist Mortgage Admin Fee 23.00 2 0.19 341.50 0.00030575
    30/10/06 Admin Charge Admin Fee 23.00 4 0.42 364.92 0.00030575
    31/10/06 Letter to Ist Mortgage Admin Fee 23.00 1 0.11 388.03 0.00030575
    31/10/06 Letter to Ist Mortgage Admin Fee 23.00 0 0.00 411.03 0.00030575
    31/10/06 Arrears charge Admin Fee 23.00 0 0.00 434.03 0.00030575
    07/11/06 Arrears charge Admin Fee 23.00 7 0.93 457.96 0.00030575
    09/11/06 Letter to Ist Mortgage Admin Fee 12.00 2 0.28 470.24 0.00030575
    14/11/06 Letter to Ist Mortgage Admin Fee 12.00 5 0.72 482.96 0.00030575
    14/11/06 Admin Charge Admin Fee 12.00 0 0.00 494.96 0.00030575
    14/11/06 Arrears charge Admin Fee 23.00 0 0.00 517.96 0.00030575
    14/11/06 Inconclusive Reply Admin Fee 12.00 0 0.00 529.96 0.00030575
    20/11/06 Letter Received from !st Admin Fee 12.00 6 0.97 542.93 0.00030575
    20/12/06 Admin Charge Admin Fee 33.00 30 4.98 580.91 0.00030575 x
    29/12/06 Arrears charge Admin Fee 23.00 9 1.60 605.51 0.00030575
    05/01/07 Letter to Ist Mortgage Admin Fee 23.00 7 1.30 629.80 0.00030575
    05/01/07 Arrears charge Admin Fee 23.00 0 0.00 652.80 0.00030575
    08/01/07 Admin Charge Admin Fee 12.00 3 0.60 665.40 0.00030575
    12/01/07 Arrears charge Admin Fee 23.00 4 0.81 689.21 0.00030575
    19/01/07 Arrears charge Admin Fee 23.00 7 1.48 713.69 0.00030575
    20/01/07 Admin Charge Admin Fee 33.00 1 0.22 746.91 0.00030575
    24/01/07 Arrears charge Admin Fee 23.00 4 0.91 770.82 0.00030575
    25/01/07 Arrears charge Admin Fee 23.00 1 0.24 794.06 0.00030575
    25/01/07 Default Admin Fee 250.00 0 0.00 1,044.06 0.00030575
    26/02/07 Management Charge Admin Fee 70.00 32 10.22 1,124.27 0.00030575 x
    09/03/07 Letter before Action Legal 75.00 11 3.78 1,203.05 0.00030575
    26/03/07 Issue Legal 100.00 17 6.25 1,309.31 0.00030575
    26/03/07 Management Charge Admin Fee 70.00 0 0.00 1,379.31 0.00030575
    30/03/07 Issue Fee Legal 150.00 4 1.69 1,530.99 0.00030575
    11/04/07 Form to Land Registry Admin Fee 35.00 12 5.62 1,571.61 0.00030575
    26/04/07 Management Charge Admin Fee 70.00 15 7.21 1,648.82 0.00030575
    17/05/07 Solicitors Agents Fee Legal 82.25 21 10.59 1,741.66 0.00030575
    29/05/07 Management Charge Admin Fee 70.00 12 6.39 1,818.05 0.00030575
    29/06/07 Management Charge Admin Fee 70.00 31 17.23 1,905.28 0.00030575
    23/07/07 W1 Letter sent Admin Fee 100.00 24 13.98 2,019.26 0.00030575
    23/07/07 Warrant Fee Admin Fee 95.00 0 0.00 2,114.26 0.00030575
    30/07/07 Management Charge Legal 70.00 7 4.53 2,188.78 x 0.00030575
    30/08/07 Management Charge Legal 70.00 31 20.75 2,279.53 0.00030575 x
    05/09/07 Eviction cancelled Legal 100.00 6 4.18 2,383.71 0.00030575
    10/09/07 Solicitors Agents Fee Admin Fee 82.50 5 3.64 2,469.86 0.00030575
    25/09/07 Cancelled repossession Admin Fee 117.50 15 11.33 2,598.68 0.00030575
    02/10/07 Management Charge Admin Fee 70.00 7 5.56 2,674.24 0.00030575
    26/10/07 Management Charge Admin Fee 65.00 24 19.62 2,758.87 0.00030575
    31/10/07 Letter sent Admin Fee 100.00 5 4.22 2,863.09 0.00030575
    02/11/07 Management Charge Admin Fee 70.00 2 1.75 2,934.84 0.00030575
    06/11/07 Letter sent Legal 35.00 4 3.59 2,973.43 0.00030575
    12/11/07 Solicitors Agents Fee Legal 82.25 6 5.45 3,061.13 0.00030575
    29/11/07 Eviction cancelled Admin Fee 100.00 17 15.91 3,177.04 0.00030575
    04/12/07 Management Charge Admin Fee 35.00 5 4.86 3,216.90 0.00030575
    06/12/07 Solicitors Agents Fee Legal 82.50 2 1.97 3,301.37 0.00030575
    07/12/07 Cancelled repossession Legal 117.50 1 1.01 3,419.87 0.00030575
    31/12/07 Letter to Ist Mortgage Admin Fee 23.00 24 25.10 3,467.97 0.00030575 x
    31/12/07 Arrears charge Admin Fee 23.00 0 0.00 3,490.97 0.00030575
    02/01/08 Arrears charge Admin Fee 23.00 2 2.13 3,516.10 0.00030575
    24/01/08 Arrears charge Admin Fee 23.00 22 23.65 3,562.76 0.00030575
    25/01/08 Admin Charge Admin Fee 12.00 1 1.09 3,575.84 0.00030575
    31/01/08 Letter to Ist Mortgage Admin Fee 23.00 6 6.56 3,605.40 0.00030575
    31/01/08 Arrears charge Admin Fee 23.00 0 0.00 3,628.40 0.00030575
    07/02/08 Arrears charge Admin Fee 23.00 7 7.77 3,659.17 0.00030575
    14/02/08 Arrears charge Admin Fee 23.00 7 7.83 3,690.00 0.00030575
    20/02/08 Arrears charge Admin Fee 23.00 6 6.77 3,719.77 0.00030575
    21/02/08 Admin Charge Admin Fee 12.00 1 1.14 3,732.91 0.00030575
    19/03/08 Arrears charge Admin Fee 23.00 27 30.82 3,786.72 0.00030575
    25/03/08 FM Consent Letter Admin Fee 23.00 6 6.95 3,816.67 0.00030575
    25/03/08 Arrears charge Admin Fee 23.00 0 0.00 3,839.67 0.00030575
    26/03/08 Admin Charge Admin Fee 12.00 1 1.17 3,852.85 0.00030575
    09/04/08 Admin Charge Admin Fee 23.00 14 16.49 3,892.34 0.00030575
    21/04/08 Arrears charge Admin Fee 23.00 12 14.28 3,929.62 0.00030575
    22/04/08 Admin Charge Admin Fee 12.00 1 1.20 3,942.82 0.00030575
    25/04/08 Arrears charge Admin Fee 23.00 3 3.62 3,969.44 0.00030575
    25/04/08 Default Admin Fee 110.00 0 0.00 4,079.44 0.00030575
    27/05/08 Management Charge Admin Fee 35.00 32 39.91 4,154.35 0.00030575
    27/06/08 Management Charge Admin Fee 70.00 31 39.38 4,263.73 0.00030575
    28/07/08 Management Charge Admin Fee 70.00 31 40.41 4,374.14 0.00030575
    28/08/08 Management Charge Admin Fee 70.00 31 41.46 4,485.60 0.00030575
    21/09/08 Litigation charges Legal 1,721.40 24 32.92 6,239.91 0.00030575
    26/09/08 Litigation charges Legal 381.90 5 9.54 6,631.35 0.00030575
    29/09/08 Management Charge Admin Fee 70.00 3 6.08 6,707.43 0.00030575
    16/10/16 2939 6,027.30 12,734.73 0.00030575
    6,124.80 12,734.73
    6,609.93
    Spreadsheet for sophi prepared by Determined
    Determined is this spreadsheet for fees/interest

    i have another one which someone did for me and that shows a much higher figure.....i will email it to sparkie and then maybe you could have a look at it

    Leave a comment:

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