Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
side a pile of LTSB 'fob-off' letters struggling to get out!
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2,398
PPI on Swift Advances mortgage.......***WON***
I am about to start trying to reclaim some of the charges and hopefully a portion of the PPI we had with Swift Advances and was wondering whether anyone here could offer any advice please?
In November 2007 we paid off a mortgage to Swift Advances (which we took out in June 2006)on the sale of our house which also enabled us to pay our main mortgage with C&G, before buying a new house and becoming MORTGAGE FREE - YIPPEE
As we had previously run into difficulties with the repayments to Swift (and had been threatened with repossession, court date set etc, but we paid arrears in full before it came to that), there were extra charges on our final settlement figure from Swift.
The amount we borrowed was £58,553 which included £5323 for PPI (single premium I think).
We expected that there would be an ERC and realise it is unlikely that we would get this back, and understand that they were probably justified in making charges for bounced direct debit/cheque payments, but believe it is wrong that they didn't refund us any of the PPI (???) and were not sure whether they were right to make all those charges regarding a court case for repossession which never took place?
Also, we believe we may have a case for mis-selling of PPI as we were led to believe it was a condition of taking out the mortgage with Swift and were not told that as it was a Single Premium we would still be paying interest on the loan and the insurance.
We don't seem to have a copy of the original mortgage agreement, although we do have a policy for the PPI, which seems to state that it was only for 3 years, not the 25 which the mortgage was for.
We intend to send a Subject access request to Swift Advances, but as the account is closed and paid in full are they likely to just ignore the request?
Also, as the mortgage was arranged by Norton Finance, is it a good idea to send a copy of the Subject access request to them and if so, to whom do we send the £10.00 postal order fee please?
Any help and advice would be most welcome, thank you!!!
Im not sure about the various court fees as the court side of things is beyond me im sure someone with that knowledge will be along soon to answer that.
Sure can you scan and post the agreement on here removing personal details of course then with the figures and dates and interest rates ill do you an excel spreadsheet.
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2,398
Re: PPI on Swift Advances mortgage.......
Unfortunately we don't seem to have a copy of the agreement for the actual mortgage - only a scedule for the PPI and the settlement statement
I am going to get the scanner out later - haven't used it since since we moved 14 months ago - and check whether it's working ok, as I can see I'm going to be using it a lot in the coming months!
(Will also have to learn how to use photobucket!)
Back to the mortgage info, at the moment all we have figure wise is what I listed in my first post above - which won't be any help I'm sure........
.........will just have to get the old SAR off and await a response!
Right do not worry about the PPI amount to claim we will get to that later soon as an agreement shows up as for photobucket here is the tutorial pages which will assist you in using it for the first time
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2,398
Re: PPI on Swift Advances mortgage.......
Pompeyfaith - many thanks for your offer to check the letter for me
Have just checked the scanner and the lead is missing, so called Son at uni who said he has the lead there - typical, eh?
OH is going to sort through huge box of spare leads later to see if we have another one. In the meantime I am reading up on the photobucket stuff and will start experimenting with it. Will get letter underway, but don't know if I'll be able to scan it tonight now!
I have plenty of other stuff to get on with on here though including MBNA who are next on my hit list
My case was in court on the 15/01/2009 but it got adjourned until today the 29/01/2009 due to a court error on the court order(wrong time) anyway the court and optima legal acting for MBNA have not been in contact with me to confirm the date and give instuctions as to how optima want to deal with this so it looks like i will be applying to the court for a strike out.
The judge said on the 15th to optima that he recommends that mbna wipe the charges and interest to bring the claim to below £5,000 so it could go to small claims but im now thinking because they have not contacted me and the fact that they have now seen my witness statement which refers to no clause 8 on the agreement plus various other failings they have decided to drop the case.
I will let you know tomorrow because im gona phone the court to see whats what.
by the way dont hold out much hope of getting an enforceable agreement from MBNA they are terrible at storing documents which is good for you no agreement no debt.
Even if they do say they have the docs it will likely be un-enforceable mine fell flat because in the default notice they sent be it was refering to clause 8 but on the agreement there was no clause 8 so in effect they where both defunct.
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2,398
Re: PPI on Swift Advances mortgage.......
Just an update on this - having got so bogged down with Lloyds charges and PPI as well as MBNA charges and PPI on two credit cards, not forgetting Sainsbury's loan and credit card, Swift have been on the back burner, so to speak.
Today however, I finally got the SAR letter sent off to Swift as well as a copy to Norton, so hopefully now on the road to getting our single premium PPI back
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2,398
Re: PPI on Swift Advances mortgage.......
Hi everyone,
Having received our SAR back from Swift and having perused the evidence, I am 99% certain there was no PPI rebate included in our settlement figure......so will be going all out to get this back. Watch this space
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
PF would probably agree? stay focused and post any issues with copies of docs on photobucket if needed.
Help will be at hand
aa
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
side a pile of LTSB 'fob-off' letters struggling to get out!
Posts
2,398
Re: PPI on Swift Advances mortgage.......
Thanks again aa
Have got the letter already to send re:PPI mis-selling but just wanted to confirm who you good peeps think it best to send it to -
Swift and copy it to the broker?
Broker and copy it to Swift?
Or what about the insurance co?
I imagine whoever it goes to will pass the buck and deny responsibility, but as Swift didn't include any PPI info in our SAR, I'm wondering if maybe they shouldn't be our first port of call........having said that, we copied the SAR letter to the broker (by recorded delivery of course) and got no acknowledgement that they'd ever received it coupled with the fact that RM track and trace still show it as not delivered over 40 days down the line, so I'm a bit wary about sending anything so important to them
Any advice would be most welcome as always, thank you!