Swift Advance After Repo

[sofi3353]

Re: Swift Advance After Repo

You haven't sent me a copy of the e-mail sofi ............any way what is the name of the solicitors who sent you the email what does it say?
Can you forward me the actual e-mail?

Sparkie

i have emailed you the letter that the solicitor
has emailed to me

[Sparkie1723]

Re: Swift Advance After Repo

i have emailed you the letter that the solicitor
has emailed to me

Is it the letter of Complaint........ if it is it has confused me also....I think you should post it up but remove all your personal info first.............we must get others view on this as a letter of complaint is a little late being as your hearing is less than 2 days away. Has he told you what to do with the letter he has drafted?

Do you want me to post it up?
Sparkie

[sofi3353]

Re: Swift Advance After Repo

Is it the letter of Complaint........ if it is it has confused me also....I think you should post it up but remove all your personal info first.............we must get others view on this as a letter of complaint is a little late being as your hearing is less than 2 days away. Has he told you what to do with the letter he has drafted?

Do you want me to post it up?
Sparkie

please do post it up Sparkie

All he said was " Hi. Please check your Gmail. I've sent you a letter of claim for swift. Let me know what you think"

i said " hi

checked email
seems ok
but i have submitted a N244 at court today asking for a stay of proceedings...
you didnt get back to me"

he said " OK. Buys some time. But now you either do counter claim or letter of claim to swift. The main points are in the letter "

will ring him in the morning and see what he has to say and whether he will be representing me or not

[Sparkie1723]

Re: Swift Advance After Repo

This is the letter sofi mentions.
It makes it a bit harder now...........what do we do now............He hasn't said he will take her case on but has drafted this to send to Swift
Sparkie

Our Ref:
Your Ref:


Swift Advances
Arcadia House
Warley Hill Business Park
The Drive Great Warley
Brentwood
CM13 3BE

21 November 2016

Dear Sir/Madam


Account Number:




We write in respect of the above matter and relay our complaint against the secured loan with Swift Advances. We are also not content entirely with the contents of your disclosed documentation as they omit most of the enforcement letters that you have sent, as well as the further information as described herein.

1. Statutory consideration period – We will require your proof that as this was a Regulated Credit Transaction, that the principals of a seven day cooling off period were adhered to. We maintain that we did not receive initial documents, rather we signed one set of documents only. Unless this can be proved otherwise there is a significant breach of the Consumer Credit Act.

2. Broker Fact Find/Suitability report omitted from your documentation provision and we would be obliged for the provision of the same otherwise we may have no option but to request the involvement of the Information Commissioners Office unless you are able to justify a reason for the same omission.

3. We will require a detailed breakdown (as they are sporadic and not uniform) of all the charges applied to our account along with the regulatory notices for all such charges.

4. Charges – Need to be justified as a genuine pre estimate of the cost expended by yourselves. We will need to see for every charge or fee levied against the account, a justification of the cost to yourselves.

These charge appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). Our account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999. Your charges constitute an unfair penalty under Schedule 2 of the said Regulations which provide an indicative and non-exhaustive list of terms which may be regarded as unfair. Under paragraph 1(e) of schedule 2 this specifically includes terms which have the object of requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation. We would vigorously contend that this is the position regarding the above fees which you deemed fit to apply to our account. I would like to bring your attention to the position of The Office of Fair Trading who cite the Unfair Terms in Consumer Contracts Regulations against default fee charges.

In Particular if a borrower pays more for breaching a term of the Consumer Contract, than the actual losses borne by the Lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer contract) under the Unfair Terms in Consumer Contracts Regulations We believe that the charges you have levied far exceeds any true cost to yourselves and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put as a result , in order to reassure us that your charges really do reflect your costs. Otherwise we would require the return of all charges paid together with interest at the contractual rate.

5. Enforcement Action –We were offered nothing from you during hardship. Was a restructuring of the loan to reflect our circumstances offered?

6. Was enforcement action/possession proceedings protocol followed, for each charge levied? Please provide all the requisite information as to how you complied each time with the relevant protocol.

7. We will require your justification as to why:

a loan in the sum of £10,000.00 taken out in February 2006
over a 10 year term
is now outstanding near £30,524.64 and counting
where near £23,012.75 has been paid towards the loan.

The Total Charge for Credit within the agreement is shown as £9,764.60 over its’ term. Therefore Total charge for credit + initial advance = £19,764.60.

We therefore counter claim for the difference in total amount paid to you minus the total charge for credit + advance £23,012.75 - £19,764.60 = £3,248.15

8. PPI – Please justify why and how you have added £1,575.00 as PPI to the loan, when this was never requested or required. I was self employed so no doubt I would not have qualified for this had I attempted to claim on the same. In any case if you look at the Credit Agreement, then you will see that there is no ‘checked box’ where it states Payment Protection Insurance, although our signatures are there. Looking back your representative was just asking us to sign. Nothing was explained to us. We therefore require the repayment of this PPI premium that has been paid by us.

Under Section 140 of the Consumer Credit Act 1974 (as amended), this provision applies to all existing loan agreements which include our regulated agreement. Under the unfair relationship provisions a Court may determine that the relationship between you and us is unfair because of anything said or done (or not said or done) by you or your agents.

As a result of any unfairness, and in this case, a lack of transparency on your part, we would be requesting that the loan agreement be deemed unenforceable Due to our loan agreement being unenforceable, we regard this as a further element of unfairness due to the fact that we were unaware of how much the agreement would cost ultimately.

For the above reasons, we believe that in all the circumstances outlined in the preceding paragraphs, the Court will find that this loan was unfair. Upon finding that an agreement is unfair, the Court can order, amongst other things, that the money is paid back to the borrower or that the terms of the agreement are changed. Should this matter proceed to Court we will claim the following:

1. The difference in total amount paid to you minus the total charge for credit + advance £23,012.75 - £19,764.60 = £3,248.15
2. PPI premium
3. Return of all unfair penalty charges levied
4. Refund of the interest charged on these charges
5. Relief from any further interest to be charged on the loan;
6. Statutory Interest on all charges at 8%
7. Legal costs.


We further remind you that as this matter is technically in dispute, you are barred from any enforcement action pending the outcome of this dispute which includes a possible referral to the Financial Ombudsman or possibly through the court system. We will advise you accordingly and reserve our rights in this regard accordingly In lieu of referring this matter on to a consumer law firm, we make this request in accordance with the Pre-Action protocol CPR 31.16. We further reserve our rights pending our receipt of the full documentation we are entitled to rely on.

We look forward to your response in the first instance to acknowledge this missive and to inform us of your procedure in this regard.


Yours faithfully

[sofi3353]

Re: Swift Advance After Repo

This is the letter sofi mentions.
It makes it a bit harder now...........what do we do now............He hasn't said he will take her case on but has drafted this to send to Swift
Sparkie

Our Ref:
Your Ref:


Swift Advances
Arcadia House
Warley Hill Business Park
The Drive Great Warley
Brentwood
CM13 3BE

21 November 2016

Dear Sir/Madam


Account Number:




We write in respect of the above matter and relay our complaint against the secured loan with Swift Advances. We are also not content entirely with the contents of your disclosed documentation as they omit most of the enforcement letters that you have sent, as well as the further information as described herein.

1. Statutory consideration period – We will require your proof that as this was a Regulated Credit Transaction, that the principals of a seven day cooling off period were adhered to. We maintain that we did not receive initial documents, rather we signed one set of documents only. Unless this can be proved otherwise there is a significant breach of the Consumer Credit Act.

2. Broker Fact Find/Suitability report omitted from your documentation provision and we would be obliged for the provision of the same otherwise we may have no option but to request the involvement of the Information Commissioners Office unless you are able to justify a reason for the same omission.

3. We will require a detailed breakdown (as they are sporadic and not uniform) of all the charges applied to our account along with the regulatory notices for all such charges.

4. Charges – Need to be justified as a genuine pre estimate of the cost expended by yourselves. We will need to see for every charge or fee levied against the account, a justification of the cost to yourselves.

These charge appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). Our account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999. Your charges constitute an unfair penalty under Schedule 2 of the said Regulations which provide an indicative and non-exhaustive list of terms which may be regarded as unfair. Under paragraph 1(e) of schedule 2 this specifically includes terms which have the object of requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation. We would vigorously contend that this is the position regarding the above fees which you deemed fit to apply to our account. I would like to bring your attention to the position of The Office of Fair Trading who cite the Unfair Terms in Consumer Contracts Regulations against default fee charges.

In Particular if a borrower pays more for breaching a term of the Consumer Contract, than the actual losses borne by the Lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer contract) under the Unfair Terms in Consumer Contracts Regulations We believe that the charges you have levied far exceeds any true cost to yourselves and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put as a result , in order to reassure us that your charges really do reflect your costs. Otherwise we would require the return of all charges paid together with interest at the contractual rate.

5. Enforcement Action –We were offered nothing from you during hardship. Was a restructuring of the loan to reflect our circumstances offered?

6. Was enforcement action/possession proceedings protocol followed, for each charge levied? Please provide all the requisite information as to how you complied each time with the relevant protocol.

7. We will require your justification as to why:

a loan in the sum of £10,000.00 taken out in February 2006
over a 10 year term
is now outstanding near £30,524.64 and counting
where near £23,012.75 has been paid towards the loan.

The Total Charge for Credit within the agreement is shown as £9,764.60 over its’ term. Therefore Total charge for credit + initial advance = £19,764.60.

We therefore counter claim for the difference in total amount paid to you minus the total charge for credit + advance £23,012.75 - £19,764.60 = £3,248.15

8. PPI – Please justify why and how you have added £1,575.00 as PPI to the loan, when this was never requested or required. I was self employed so no doubt I would not have qualified for this had I attempted to claim on the same. In any case if you look at the Credit Agreement, then you will see that there is no ‘checked box’ where it states Payment Protection Insurance, although our signatures are there. Looking back your representative was just asking us to sign. Nothing was explained to us. We therefore require the repayment of this PPI premium that has been paid by us.

Under Section 140 of the Consumer Credit Act 1974 (as amended), this provision applies to all existing loan agreements which include our regulated agreement. Under the unfair relationship provisions a Court may determine that the relationship between you and us is unfair because of anything said or done (or not said or done) by you or your agents.

As a result of any unfairness, and in this case, a lack of transparency on your part, we would be requesting that the loan agreement be deemed unenforceable Due to our loan agreement being unenforceable, we regard this as a further element of unfairness due to the fact that we were unaware of how much the agreement would cost ultimately.

For the above reasons, we believe that in all the circumstances outlined in the preceding paragraphs, the Court will find that this loan was unfair. Upon finding that an agreement is unfair, the Court can order, amongst other things, that the money is paid back to the borrower or that the terms of the agreement are changed. Should this matter proceed to Court we will claim the following:

1. The difference in total amount paid to you minus the total charge for credit + advance £23,012.75 - £19,764.60 = £3,248.15
2. PPI premium
3. Return of all unfair penalty charges levied
4. Refund of the interest charged on these charges
5. Relief from any further interest to be charged on the loan;
6. Statutory Interest on all charges at 8%
7. Legal costs.


We further remind you that as this matter is technically in dispute, you are barred from any enforcement action pending the outcome of this dispute which includes a possible referral to the Financial Ombudsman or possibly through the court system. We will advise you accordingly and reserve our rights in this regard accordingly In lieu of referring this matter on to a consumer law firm, we make this request in accordance with the Pre-Action protocol CPR 31.16. We further reserve our rights pending our receipt of the full documentation we are entitled to rely on.

We look forward to your response in the first instance to acknowledge this missive and to inform us of your procedure in this regard.


Yours faithfully

basically he has said that i should inform the judge on wednesday that i wish to counter claim....

" Send me the details I require to make a full letter before action. It's in my email. If you produce that to the court and plead poverty (I.e you cannot afford a solicitor but you are receiving pro bono advice), then looking at the details and counter claim, the court will have no option but to adjourn. But you must send them a copy of the letter and tell them you intend to counter claim in these terms" (solicitors message)

[pt2537]

Re: Swift Advance After Repo

Swift, seem to have a problem.

Seems they paid a commission on some agreements where the consumer paid a brokers fee. Will be interesting to see how they deal with this point.

Id advise you to check your papers, and look at whether a broker was used, if so, check if you paid a commission, and if so, whether Swift told you they may pay a commisson to the broker too.

If the commission is secret then recission may well be available

someone may well be launching a test case soon, i dont know who though lol

[sofi3353]

Re: Swift Advance After Repo

Swift, seem to have a problem.

Seems they paid a commission on some agreements where the consumer paid a brokers fee. Will be interesting to see how they deal with this point.

Id advise you to check your papers, and look at whether a broker was used, if so, check if you paid a commission, and if so, whether Swift told you they may pay a commisson to the broker too.

If the commission is secret then recission may well be available

someone may well be launching a test case soon, i dont know who though lol

A broker was definitly used PT2537 but not sure if a commission was paid to them as i dont recall being told

[Sparkie1723]

Re: Swift Advance After Repo

Extract from pt's post.

"If the commission is secret then recission may well be available

someone may well be launching a test case soon, i dont know who though lol "

I do pt
I'll let you know who it is when the time comes
Sparkie

[sofi3353]

Re: Swift Advance After Repo

hi

just going through my paperwork for tomorrow.

can someone please explain to me why i would need a SAR...was reading the response from Dentons and they have stated "the loan and the circumstances and level of the alleged debt has been addressed by the witness statements, which exhibited the relevant documents"

what they are trying to say is that all the information i need is included in those statements????

yes or no?

sofi

[Sparkie1723]

Re: Swift Advance After Repo

Take no notice of what Dentons say ....You are entitled to All documents that appertain to you your account and your agreement in your SAR documentation and Swift are obliged to supply it............ because you need it to form a full and proper response and Counterclaim.....without it you cannot do that, and would never get a fair hearing.
That is a big issue and must be pointed out to the judge..........make sure you tell him that if you have to go it alone .
Have you contacted that solicitor yet and asked him if he will be attending tomorrow?
Sparkie

[sofi3353]

Re: Swift Advance After Repo

Take no notice of what Dentons say ....You are entitled to All documents that appertain to you your account and your agreement in your SAR documentation and Swift are obliged to supply it............ because you need it to form a full and proper response and Counterclaim.....without it you cannot do that, and would never get a fair hearing.
That is a big issue and must be pointed out to the judge..........make sure you tell him that if you have to go it alone .
Have you contacted that solicitor yet and asked him if he will be attending tomorrow?
Sparkie

the solicitor wont be representing me.... he has said that he will help me as much as possible but he cant represent me as he doesnt have court experience

[pt2537]

Re: Swift Advance After Repo

Extract from pt's post.

"If the commission is secret then recission may well be available

someone may well be launching a test case soon, i dont know who though lol "

I do pt
I'll let you know who it is when the time comes
Sparkie

Haha no not the one youre thinking of mate, theres another, a really good one too

- - - Updated - - -

the solicitor wont be representing me.... he has said that he will help me as much as possible but he cant represent me as he doesnt have court experience

wow, couldnt he get you a barrister to assist with advocacy? unreal that.

[charitynjw]

Re: Swift Advance After Repo

Take no notice of what Dentons say ....You are entitled to All documents that appertain to you your account and your agreement in your SAR documentation and Swift are obliged to supply it............ because you need it to form a full and proper response and Counterclaim.....without it you cannot do that, and would never get a fair hearing.
That is a big issue and must be pointed out to the judge..........make sure you tell him that if you have to go it alone .
Have you contacted that solicitor yet and asked him if he will be attending tomorrow?
Sparkie

Any good, Sparkie?
http://www.legislation.gov.uk/ukpga/1998/29/section/35
Also
http://hsfnotes.com/litigation/2013/...pr-disclosure/

[Sparkie1723]

Re: Swift Advance After Repo

Haha no not the one youre thinking of mate, theres another, a really good one too


- - - Updated - - -



wow, couldnt he get you a barrister to assist with advocacy? unreal that.

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

[sofi3353]

Re: Swift Advance After Repo

Haha no not the one youre thinking of mate, theres another, a really good one too

- - - Updated - - -



wow, couldnt he get you a barrister to assist with advocacy? unreal that.

i dnt know Pt2537 as i have not had a chance to speak to him yet