Swift Advance After Repo

[Sparkie1723]

Re: Swift Advance After Repo

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

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

[sofi3353]

Re: Swift Advance After Repo

hi Determined

just recieved the documents which you posted

[pt2537]

Re: Swift Advance After Repo

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

[Determined]

Re: Swift Advance After Repo

hi Determined

just recieved the documents which you posted

Do you have any questions

Regards

[sofi3353]

Re: Swift Advance After Repo

Do you have any questions

Regards

please could you guide me on them

[Determined]

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

[pt2537]

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.

[sofi3353]

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

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 - - -

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??

[Determined]

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

[sofi3353]

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

fully understood Determined

thank you very much once again

[Sparkie1723]

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

[Determined]

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

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

[sofi3353]

Re: Swift Advance After Repo

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

[Diana M]

Re: Swift Advance After Repo

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

[sofi3353]

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

im a bit nervous and worried but will give it my best shot

thank u sparkie

- - - Updated - - -

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