SWIFT ADVANCES - Has Anyone Won?

[Poppy07]

Hi there, we have two accounts with Swift advances, sent off Subject Access Request and worked out they owe us about £1500 in charges on each account, sent first letter and also LBA, but Swift won't give in so I am going to submit court papers via MCOL.
Just wondering has anybody won against Swift? Do they settle or do they take you to court?

Thanks

[mrsfoot]

Be aware they will go all the way.

They seem to refund a portion of the default notice, reducing it to around £250 so you will get the excess. But apart from that your in for a long haul

[Poppy07]

I've submitted via MCOL for the charges Swift Advances have put on my account. Have only done one of the accounts for the mo to see how it goes.
Will keep you updated when/if I get a reply!

xx

[Poppy07]

Anyone got anything to say re Swift Advances?? Anyone won their charges back or early redemption fees????

xx

[Poppy07]

Swift have until the 3rd July to acknowledge the court papers, as yet - nothing!
Anyone is similar situation? Is anyone out there????
x

[stevesj]

swift are resilient to any claim against them - i tried to get admin charges back, they flatley refused, then referred me to the FISA / FLA who can't handle such matters. Swift also claim to be a small company, so can justify overheads and manual intervention. Their profits were in excess of £30 million last year, so they aren't such a poor relation after all!!!

I'm taking them on through trading standards.

[Poppy07]

Morning, Did you try and claim the charges back through via the courts?

[stevesj]

no - this is because it is in relation to a mortgage exit fee.
It seems that no one as an authority has teeth with these people!

Googd luck with your claim tho'

[Poppy07]

Swift acknowledged my claim on the 26.06.06, though I haven't received anything through the post from them I just saw this on the website. They now have until the 17th July to enter a defence! Getting a bit scary as nobody seems to have claimed against Swift, not sure what they're gonna do next!!!
Help Anyone???

[gizmo111]

Originally Posted by Poppy07

Anyone got anything to say re Swift Advances?? Anyone won their charges back or early redemption fees????

xx

I have moved you here to the mortgages forum - have a read here for a previous case v swift.
Are you claiming back ERC or just charges?

[Poppy07]

Thank you, I'll have a read when I get a minute. I'm just claiming back the charges for now - £35 for a letter etc!!! Just waiting for them to enter their defence, which I'll copy onto here.
Quite scary though as Barclays and Nationwide settled and I more or less knew they would, for some reason I think Swift are going to be tougher to crack, and court bundles etc will all be new territory to me! Plus there isn't a lot re Swift on here!
I'll get there tho, and the end of the day they're the ones who'll have to justify their outrageous charges in court!
xx

[zootscoot]

Another Swift case here:

Barry v Swift (Court date 29/01/07) *Lost*

Lost in court.

Make sure you get the draft directions in if you are taking this all the way.

[Poppy07]

Do you mean the following by saying draft letter?

Me –v- Swift Advances
Claim No:
Date Issued: 14th June 2007

Please find enclosed a schedule of penalty charges, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £
I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

I sent this letter along with schedule of charges to Swift and to the Court. Do I need to do anything else? They say they are going to defend, so will see what they come back with, they're is nothing else I can do for now is there?
Thanks x

[zootscoot]

The draft order for directions which is recommended to send with the allocation questionnaire. See the allocation questionnaire guidance in the bank templates library.

[Poppy07]

But I haven't had an allocation questionnaire yet, surely I send these together?

[Poppy07]

Can anyone help me? I have sent the above letter, outlined in my reply #13, do I need to send anything else at this stage? I'm waiting for Swift to enter their defence - they have until the 17th July.
~I need to get everything right with Swift and I'm not 100% sure what I'm doing!!!
xx

[Poppy07]

Please Someone Help!!! There seems to be no info re Swift at all!!!
Swift have entered a defence against my claim, this is it:
1. It is admitted and averred that:
(1) the Claimant and one other (it was a joint app) took out a loan ("the credit agreement") with the Defendent and the loan was secured against the Claimant's property by deed dated 7 Dec 05 ("the mortgage");
(2) the Claimant and other defaulted in their obligations to pay the agreed monthly installments uner the credit agreement, the first default being on the date for the first repayment which fell on 7 January 2006;
(3) charges were added to the Clamaint and others' mortgage account in accordance with a tariff of charges provided to the Claimant and other upon completion of the mortgage.

2. By reason of the Claimant and other being joint borrowers their obligations to the Defendent under the credit agreement and mortgage were joint obligations; accordingly, in respect of any action against the Defendent for breach of contract (liability for which is denied) the other is a necessary party to the action and unless and until she is added by the Claimant as a party, the action is not properly constituted. In the circumstances the Defendant will invite the court to dismiss the claim. The following matters are pleaded without prejudice to the said plea that the Claimant's claim is not at present properly constituted and cannot therefore be determined.

3. Copies of the credit agreement and the legal charge are appended hereto marked Appendix 'A'.

4. Claimant and others account was in default from the outset: the claimant and others first installment which was due on 7 Jan 06 was returned unpaid: from the due date for paument of the third installment (7 march 06) until redemption in Jan 07, the claimant and other mortgage account remained in default at all times.

5. The Credit Agreement contained the following, among other, provisions:
"D. if you pay us by cheque, standing order or direct debit and we cannot collect the payment when we ask for it, you will have to pay a charge for this. This charge will include all bank and other charges we have to pay as a result of our trying to collect the payment.
K1) if you do not make any monthly payment on the date it is due, we may (as well as enforcing our rights under this agreement) make the charges mentioned overleaf including those for each and every letter we send to, or receive from, you or your agents and for each telephone conversation about any missed payments.
L. ...you must pay the following
1) all reasonable costs and expenses we have to pay or decide to charge as a result of any term of this agreement or the legal charge being broken
2) all other reasonable costs and expenses we have to pay or decide to charge in connection with this agreement or the legal charge...

6. The sums that were charged to the claimant and others' mortgage account were applied pursuant to the contractual entitlement under the terms of the credit agreement (as set out in part above) in respect of, among other things, the said missed payments, letters and telephone calls.

7. Accordingly, it denied that any sum debited to the Claimant and other's mortgage account was a "penalty" or "unfair penalty" whether at common law or under the Unfair Terms in Consumer Contracts Regulation 1999.

8. In the premises it is denied that the Claimant is entitled to the sum claimed or any sum for the reasons stated or for any reasons and it is denied that the Claimant is entitled to any interest.

STATEMENT OF TRUTH
The Defendent believes that the facts stated in this Defence are true.
I am duly authorised by the defendent to sign this statement
Matthew William Payne.

Swift sent this defence to me, and I received again this morning from the court along with an AQ, which I have just completed and attached a draft directions letter as advised in the guidance on this site. What else do I need to do? Do I need to ammend my claim so that the joint applicant is mentioned? Please can someone help me, as I think the court is gonna throw this out! I've paid £120 for court fee and £100 for AQ which I cannot afford to lose and I don't want Swift to keep getting away with it!!!! Any help on what my next step should be would be very very much appreciated!
Thanks
x

[zootscoot]

Hi Poppy,

Fill in the AQ and include the Draft orders. You need to amend your claim to include your partner by using form N244. There is a link in the bank template library. This will cost £35.

Best wishes

Zoot