• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • Please note that LegalBeagles is a public forum and the main areas are accessible to all, and as such, please take care your username or posts do not identify you. There is no need to post claim numbers, names or precise amounts to get support with your case. When uploading documents please ensure that you have properly redacted your personal details. Thank you.

Swift Advance After Repo

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Re: Swift Advance After Repo

    Hi charity,
    Thanks for this ...and I've just been sent this link
    which is highly enlightening.
    http://www.uk-legislation.hmso.gov.uk/RevisedStatutes/Acts/ukpga/1879/cukpga_18790011_en_1

    Sparkie

    Comment


    • Re: Swift Advance After Repo

      hi Determined

      just recieved the documents which you posted

      Comment


      • Re: Swift Advance After Repo

        Originally posted by Sparkie1723 View Post
        I bet you Ive got a better one pt I have it White swearing in Court that they did not pay commission in 2008. then
        I've then got John Webster CEO of Swift saying to me( in an e-mail) in 2009 that from time to time Swift did pay commission BUT not on my particular agreement.
        Then I've got White confirming in a letter to me that 1408.75 was paid as override commission that was confirmed also by the Broke.
        Then to top that I've got a computer screen shot off the Brokers computer system showing a commission payment of ,3,325.00 was received by them
        On top of the 3,225 brokers fee that we paid.
        Is it as good as that?
        Sparkie
        nope, ive seen better
        I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • Re: Swift Advance After Repo

          Originally posted by sofi3353 View Post
          hi Determined

          just recieved the documents which you posted
          Do you have any questions

          Regards

          Comment


          • Re: Swift Advance After Repo

            Originally posted by Determined View Post
            Do you have any questions

            Regards
            please could you guide me on them

            Comment


            • Re: Swift Advance After Repo

              Hi Sofi

              There are only two documents. The first is a copy of your Agreement. The second is a letter to a third party from Loblack. In that letter in the paragraph you are guided to Loblack says that Swift did not tell people of charges prior to October 2008 when a change in the LAW said they had to.
              Read that letter and understand exactly what he is saying in it.

              Do not bother with the tables at this stage

              Regards

              Comment


              • Re: Swift Advance After Repo

                1. The position in respect of fully secret commissions is as follows: a) The broker is generally to be classed as the agent of the borrower. He will thus be subject to fiduciary duties which require him to act in the best interests of the borrower as opposed to the best interests of himself and/or the lender. b) A broker who arranges to receive a secret commission from a lender in return for procuring the borrower’s entry into a contract with the lender acts in breach of his fiduciary duties. The secret payment will be treated as being akin to a bribe. It does not matter that there was no criminal motive, or active concealment of the payment. c) The secret commission will, in law, be held on trust for the borrower by the broker. The money will belong to the borrower. He can recover it (plus interest) in a proprietary claim against the agent.

                d) The broker will also be liable to forfeit any fee which the borrower may have agreed to pay him. Thus, he will in effect lose the payment he has received from both parties to the transaction. Again, interest could be claimed on any fee paid by the borrower to the agent.
                e) The borrower will also have the option of avoiding the contract with the lender (who will be taken as being complicit in the bribe and jointly and severally liable as a result.If the contract is avoided, the borrower will be entitled to reclaim any sums paid to the lender, but he will have to make counter-restitution of any benefits received from the lender.
                I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                You can also follow my blog on consumer credit here.

                Comment


                • Re: Swift Advance After Repo

                  Originally posted by Determined View Post
                  Hi Sofi

                  There are only two documents. The first is a copy of your Agreement. The second is a letter to a third party from Loblack. In that letter in the paragraph you are guided to Loblack says that Swift did not tell people of charges prior to October 2008 when a change in the LAW said they had to.
                  Read that letter and understand exactly what he is saying in it.

                  Do not bother with the tables at this stage

                  Regards
                  understood Determined

                  so if the judge does approve the stay of proceedings then should i give in those documents that you prepared or not

                  - - - Updated - - -

                  Originally posted by pt2537 View Post
                  1. The position in respect of fully secret commissions is as follows: a) The broker is generally to be classed as the agent of the borrower. He will thus be subject to fiduciary duties which require him to act in the best interests of the borrower as opposed to the best interests of himself and/or the lender. b) A broker who arranges to receive a secret commission from a lender in return for procuring the borrower’s entry into a contract with the lender acts in breach of his fiduciary duties. The secret payment will be treated as being akin to a bribe. It does not matter that there was no criminal motive, or active concealment of the payment. c) The secret commission will, in law, be held on trust for the borrower by the broker. The money will belong to the borrower. He can recover it (plus interest) in a proprietary claim against the agent.

                  d) The broker will also be liable to forfeit any fee which the borrower may have agreed to pay him. Thus, he will in effect lose the payment he has received from both parties to the transaction. Again, interest could be claimed on any fee paid by the borrower to the agent.
                  e) The borrower will also have the option of avoiding the contract with the lender (who will be taken as being complicit in the bribe and jointly and severally liable as a result.If the contract is avoided, the borrower will be entitled to reclaim any sums paid to the lender, but he will have to make counter-restitution of any benefits received from the lender.
                  hi

                  so how can a borrower know if this is something that has happened??

                  Comment


                  • Re: Swift Advance After Repo

                    Sofi

                    I think the general opinion is that if there is a stay then do not hand them in.
                    If there is not a stay then hand them in and say that you need an adjournment because the figures, as per the sum you owe, are totally wrong as they are in breach of their own agreement.

                    Prior to October 2008 they were charging interest on charges that you knew nothing about.

                    The tables show how much interest. and TABLE A in particular.

                    It matters NOT if the charges are right, although they have been considered unfair elsewhere, but they have charged interest of 6670.55 on charges THEY DID NOT TELL YOU ABOUT. You can't pay, as per Paragraph M. at the date they pay them if they didn't tell you about them.

                    I hope you can follow that

                    Comment


                    • Re: Swift Advance After Repo

                      Originally posted by Determined View Post
                      Sofi

                      I think the general opinion is that if there is a stay then do not hand them in.
                      If there is not a stay then hand them in and say that you need an adjournment because the figures, as per the sum you owe, are totally wrong as they are in breach of their own agreement.

                      Prior to October 2008 they were charging interest on charges that you knew nothing about.

                      The tables show how much interest. and TABLE A in particular.

                      It matters NOT if the charges are right, although they have been considered unfair elsewhere, but they have charged interest of 6670.55 on charges THEY DID NOT TELL YOU ABOUT. You can't pay, as per Paragraph M. at the date they pay them if they didn't tell you about them.

                      I hope you can follow that
                      fully understood Determined

                      thank you very much once again

                      Comment


                      • Re: Swift Advance After Repo

                        Sofi,
                        The Very best of luck be assured and calm but don't appear be too confident I think you have a good chance of giving Swifts solicitor some big problems.
                        My thoughts are with you.
                        Sparkie

                        Comment


                        • Re: Swift Advance After Repo

                          Originally posted by Sparkie1723 View Post
                          Sofi,
                          The Very best of luck be assured and calm but don't appear be too confident I think you have a good chance of giving Swifts solicitor some big problems.
                          My thoughts are with you.
                          Sparkie
                          Here, here. Best of luck.

                          Don't forget to tell us exactly what order the Judge makes. Make sure you get the full detail.

                          Regards

                          Comment


                          • Re: Swift Advance After Repo

                            Originally posted by Determined View Post
                            Here, here. Best of luck.

                            Don't forget to tell us exactly what order the Judge makes. Make sure you get the full detail.

                            Regards
                            will keep you updated

                            thank you for everything

                            Comment


                            • Re: Swift Advance After Repo

                              Originally posted by sofi3353 View Post
                              thank you for everything
                              I'm not really in a position to comment on your legal situation but what I will say is there is nothing wrong in being 'human' in court.

                              Refer to your property as your "home" not your "house" because that's the truth despite the fact that Swift may see it otherwise.

                              Good Luck tomorrow and remember if the DJ messes up (legally) you may have an opportunity to appeal.

                              Di xx

                              Comment


                              • Re: Swift Advance After Repo

                                Originally posted by Sparkie1723 View Post
                                Sofi,
                                The Very best of luck be assured and calm but don't appear be too confident I think you have a good chance of giving Swifts solicitor some big problems.
                                My thoughts are with you.
                                Sparkie
                                im a bit nervous and worried but will give it my best shot

                                thank u sparkie

                                - - - Updated - - -

                                Originally posted by Diana M View Post
                                I'm not really in a position to comment on your legal situation but what I will say is there is nothing wrong in being 'human' in court.

                                Refer to your property as your "home" not your "house" because that's the truth despite the fact that Swift may see it otherwise.

                                Good Luck tomorrow and remember if the DJ messes up (legally) you may have an opportunity to appeal.

                                Di xx
                                Thank you Di

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse
                                No announcement yet.
                                Loading...

                                upgrade to vip

                                Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

                                only £15/yr

                                Offers available. No subscription traps.

                                sign up now



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X