Swift Advance After Repo

[sofi3353]

Re: Swift Advance After Repo

I can draft you it if you need me to.
Sparkie

yes please

thank you

i dont know what i would do if it wasnt for these forums and all the help im getting....i lost my mum on 23rd October and wouldnt have been able to cope with all this if it wasnt for these forums and all the help that i am recieving

thank you to each and everyone of you

[Determined]

Re: Swift Advance After Repo

im not really sure of the date.....
maybe the statement that has been uploaded will say what date what charge was applied

i will have to check papers to see exactly when i was getting a full statement

i do have a spreadsheet which someone did for me regarding the charges and ppi if thats any use

If you look at Paragraph M of your agreement you will see that is says' papaphrased' in order to avoid interest being applied to any charge you should ' pay them at that date'. That date being the date Swift have to pay them or decide to charge them.

The only way you can do that is if you accept the implied interpretation that Swift will tell you about it. How can you pay for an attempted phone call for example if you do not know about it.

Swift never wanted people to know because that was not part of their business plan. The regulations changed in 2008 but before that you probably did not know what they were doing. Interest on those early charges will have mounted up.

That is how I see it. It is worth exploring.

I will tabulate it for you.

Regards

Determined

[sofi3353]

Re: Swift Advance After Repo

If you look at Paragraph M of your agreement you will see that is says' papaphrased' in order to avoid interest being applied to any charge you should ' pay them at that date'. That date being the date Swift have to pay them or decide to charge them.

The only way you can do that is if you accept the implied interpretation that Swift will tell you about it. How can you pay for an attempted phone call for example if you do not know about it.

Swift never wanted people to know because that was not part of their business plan. The regulations changed in 2008 but before that you probably did not know what they were doing. Interest on those early charges will have mounted up.

That is how I see it. It is worth exploring.

I will tabulate it for you.

Regards

Determined

to tell you the truth i didnt know of anything until they took me to court and then i came for advice on forums and thats when i realised what they were upto

although i did doubt that how could a 12k loan have charges of 30k even after i paid them 23k

[Sparkie1723]

Re: Swift Advance After Repo

So sorry to hear about your Mum sofi............I know this must be affecting you even now.
Sent this SAR to Swift ASAP any other info you think you should have just add them as extra request from 8 onwards.
Sparkie

Your Name and address


Date……………
The Data Controller
Swift Advances Plc
Arcadia House
Warley Business Park
The Drive
Brentwood
Essex
CM13 3BE

Dear Sir
DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST


This Subject Data Access Request is made under sections 7, 8 & 9 of the Data Protection Act 1998, and by virtue of the Data Protection (Subject Access) ( Fees and Miscellaneous Provisions) Regulations 2000 ( S.I.No 191).

1. Please supply all information from the date of the start of the relationship between ourselves and Swift Advances Plc to date under the joint loan agreement ( insert your agreement number here) including the full History Notes record

2. Please also supply all information that has been/may have been/could have with held from any previous Subject Data Access Requests that may have been made, including internal inter department e-mails. These are not subject to Legal/Litigation Privilege.

3. Please supply all information data and records that have been collected and stored by Swift Advances on the computer and computer including all information that was sent to Barclays Bank Plc at any time.

4. Please supply the amounts of commission and override commission that may have been paid to the broker Crystal Finance

5. Please supply all information that has been passed on to any and all third parties including copies of all telephone conversations and e-mails and faxes, for example, to and from Swift Advances plc

6. Please supply copies of any and all telephone conversations between myself and any employee of Swift Advances Plc, the encryption protection is waived as they are to be played on a CD player not a computer.

7. Please ensure that any document of which a copy is requested which may be refused, that the information contained in that said document is provided without any ommissions, such as underwriting information relating to commission payments.

8. I wish to add that this request for information is also made under section 3 of the New Fraud Act 2006.
A Data Controller must ensure that all other statutes and regulations are adhered to when processing data, and the New Fraud Act is one of them.

9. With specific reference to point 1, will you please ensure that the History Notes are complete and any reference to a document named an Xdraw and movement transfer / assignment of our account to any third party, has not been removed/ tampered with, as I have been advised has happened in the past to other Swift customers.

I copy below for avoidance of doubt as to your legal duties under that Act

Section 3 of the New Fraud Act makes it an offence to commit fraud by failing to disclose information to another person where there is a legal duty to disclose the information. A legal duty to disclose information may include duties under oral contracts as well as written contracts. The concept of "legal duty" is explained in the Law Commission's Report on Fraud,

“7.29 For this purpose there is a legal duty to disclose information not only if the failure to disclose it gives the victim a cause of action for damages, but also if the law gives the victim a right to set aside any change in his or her legal position to which he or she may consent as a result of the non-disclosure. For example, a person in a fiduciary position has a duty to disclose material information when entering into a contract with his or her beneficiary, in the sense that a failure to make such disclosure will entitle the beneficiary to rescind the contract and to reclaim any property transferred under it."

I enclose and attach the statutory fee for this request of £10, by way of Cheque, Number )
Please respond within the statutory time frame of 40 days from receipt of this request and ensure that the respond is within the guidance of the ICO on SAR responses.
https://ico.org.uk/for-organisations...ccess-request/

Yours sincerely

[sofi3353]

Re: Swift Advance After Repo

So sorry to hear about your Mum sofi............I know this must be affecting you even now.
Sent this SAR to Swift ASAP any other info you think you should have just add them as extra request from 8 onwards.
Sparkie

Your Name and address


Date……………
The Data Controller
Swift Advances Plc
Arcadia House
Warley Business Park
The Drive
Brentwood
Essex
CM13 3BE

Dear Sir
DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST


This Subject Data Access Request is made under sections 7, 8 & 9 of the Data Protection Act 1998, and by virtue of the Data Protection (Subject Access) ( Fees and Miscellaneous Provisions) Regulations 2000 ( S.I.No 191).

1. Please supply all information from the date of the start of the relationship between ourselves and Swift Advances Plc to date under the joint loan agreement ( insert your agreement number here) including the full History Notes record

2. Please also supply all information that has been/may have been/could have with held from any previous Subject Data Access Requests that may have been made, including internal inter department e-mails. These are not subject to Legal/Litigation Privilege.

3. Please supply all information data and records that have been collected and stored by Swift Advances on the computer and computer including all information that was sent to Barclays Bank Plc at any time.

4. Please supply the amounts of commission and override commission that may have been paid to the broker Crystal Finance

5. Please supply all information that has been passed on to any and all third parties including copies of all telephone conversations and e-mails and faxes, for example, to and from Swift Advances plc

6. Please supply copies of any and all telephone conversations between myself and any employee of Swift Advances Plc, the encryption protection is waived as they are to be played on a CD player not a computer.

7. Please ensure that any document of which a copy is requested which may be refused, that the information contained in that said document is provided without any ommissions, such as underwriting information relating to commission payments.

8. I wish to add that this request for information is also made under section 3 of the New Fraud Act 2006.
A Data Controller must ensure that all other statutes and regulations are adhered to when processing data, and the New Fraud Act is one of them.

I copy below for avoidance of doubt as to your legal duties under that Act

Section 3 of the New Fraud Act makes it an offence to commit fraud by failing to disclose information to another person where there is a legal duty to disclose the information. A legal duty to disclose information may include duties under oral contracts as well as written contracts. The concept of "legal duty" is explained in the Law Commission's Report on Fraud,

“7.29 For this purpose there is a legal duty to disclose information not only if the failure to disclose it gives the victim a cause of action for damages, but also if the law gives the victim a right to set aside any change in his or her legal position to which he or she may consent as a result of the non-disclosure. For example, a person in a fiduciary position has a duty to disclose material information when entering into a contract with his or her beneficiary, in the sense that a failure to make such disclosure will entitle the beneficiary to rescind the contract and to reclaim any property transferred under it."

I enclose and attach the statutory fee for this request of £10, by way of Cheque, Number )
Please respond within the statutory time frame of 40 days from receipt of this request and ensure that the respond is within the guidance of the ICO on SAR responses.
https://ico.org.uk/for-organisations...ccess-request/

Yours sincerely

will print it of later and send it first thing tomorrow morning with a £10 postal order

it is still affecting me sparkie but what can i do
i will probably ask the court to take it into consideration that i am still greiving

[Sparkie1723]

Re: Swift Advance After Repo

will print it of later and send it first thing tomorrow morning with a £10 postal order

it is still affecting me sparkie but what can i do
i will probably ask the court to take it into consideration that i am still greiving

I have added an extra point to the SAR.
Put the PO number in where it says Cheque number and change it to PO number. keep the PO receipt and send it signed for Royal Mail.
Keep your chin up.
I hope pt comes back with his views and suggestions.
Sparkie

[sofi3353]

Re: Swift Advance After Repo

I have added an extra point to the SAR.
Put the PO number in where it says Cheque number and change it to PO number. keep the PO receipt and send it signed for Royal Mail.
Keep your chin up.
I hope pt comes back with his views and suggestions.
Sparkie

will do

thank you again

[Sparkie1723]

Re: Swift Advance After Repo

will do

thank you again

Good......One final question from me for tonight ..........have you ever received any correspondence from Swift on headed paper Eastern Counselling department.
Sparkie

[sofi3353]

Re: Swift Advance After Repo

Good......One final question from me for tonight ..........have you ever received any correspondence from Swift on headed paper Eastern Counselling department.
Sparkie

yes im pretty sure i have

[sofi3353]

Re: Swift Advance After Repo

SAR posted

what next???

[Sparkie1723]

Re: Swift Advance After Repo

SAR posted

what next???

Hi sofi,
Can you copy your letter from Eastern Counselling? and email them to Amethyst she will post them up for you. Or send them to me, I'll pm you my e-mail address right now.
Also can you give \determined this info he asked you for on his posts?
We need as much info as we can get.
Sparkie

[sofi3353]

Re: Swift Advance After Repo

Hi sofi,
Can you copy your letter from Eastern Counselling? and email them to Amethyst she will post them up for you. Or send them to me, I'll pm you my e-mail address right now.
Also can you give \determined this info he asked you for on his posts?
We need as much info as we can get.
Sparkie

will do....will have to find it first

what info does determined need??

[Sparkie1723]

Re: Swift Advance After Repo

will do....will have to find it first

what info does determined need??

See previous posts 38 & 47.

Sparkie

[sofi3353]

Re: Swift Advance After Repo

will do

[sofi3353]

Re: Swift Advance After Repo

will do....will have to find it first

what info does determined need??

emailed to you sparkie the eastern counselling letters that i could find