Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default whizzkid001 v Swift Advances

    This was a 2nd charge loan for a sum over 5 years which we took out a year ago. As we're now moving, we'd recently asked them for a settlement figure. We were gobsmacked to find they are trying to charge us almost the same amount now than if we were to continue paying the loan for another 4 years!!!

    We'd admittedly missed a few payments/paid late but the charges element alone is way out of all proportion - aside from the dubious figure worked out as owing to settle the loan, this is what they're wanting:

    Arrears letters & call charges - £265.00
    Bounced payment charges - £198.00
    Info to and from previous mortgagee - £293.00
    Redemption request charges - £65.00
    Other letter charges - £35.00
    % on late payments/disbursemnts/added charges - £30.19
    Redemption Administration fee - £250.00

    Would be grateful if anyone would just confirm what of the above - if any - cannot be claimed back.

    The second prong of attack is the actual agreement we signed, which we believe would be unenforceable should this (as I suspect it will being Swift) end up in court.

    1) s58 (1) of the CCA 1974 states, specifically for a loan charged on your property, that they should indicate on our agreement (under Cancellation Rights) that you have 7 days to cancel.

    Fact - our agreement states "You have no right to cancel this agreement under the CCA 1974 regs"!

    2) s86 b) Notice of sums in arrears under fixed-sum credit agreements - you must be sent an 'Arrears Information Sheet' within 14 days for each time you go into 2 or more months of arrears. (I believe this is an incomings/outgoings info sheet).

    Fact - they have never sent one to us, merely a letter telling us we are in arrears.

    s86 d) Failure to give correct notices of sums in arrears mean:
    a) No enforcement of agreement during period of non-compliance
    b) No interesticon payable during period of non-compliance
    c) No default sum payable during period of non-compliance

    3) Consumer Credit (Disclosure of Information) Regs 2004

    s4 d) says part of the agreement must be headed with the words 'Pre-contract Information'.

    Fact - this does not appear anywhere on our agreement!

    Given the above, any views as to the best angle to attack? Simply complain to them of everything as above at the initial stage?

    Similar Threads:
    Settled Claims:
    Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06
    NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06
    Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06
    Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06
    Woolwich: £1100 Paid in full 28/2/07 + Default removed
    NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

    Current Claims:
    Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07
    Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

    Refunds pending:
    Capital Bank: Swift Advances: Halifax

    Son's Refunds pending:
    Abbey: HSBC

  2. #2
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    Default Re: whizzkid001 v Swift Advances

    Can you tell me how much you borrowed?


  3. #3
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    Default Re: whizzkid001 v Swift Advances

    Hi whizzkid

    I know this was a long time ago, but just wondered if you ever pursued this any further and if so, how you got on?

    I am currently attempting to reclaim similar charges from Swift and am looking for guidance from anyone who has had success already.

    Many thanks in advance,

    Landy x

    LTSB PPI on various loans (current/settled) - Refunded inc 8%

    MBNA 1 Charges - Refunded inc CI

    MBNA 1 PPI - Refunded

    MBNA 2 Charges - Refunded inc 8%

    MBNA 2 PPI - Refunded

    MBNA 2 Accident Ins - Refunded

    Swift Advances (settled) Mortgage Charges -Partially refunded

    Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

    Sainsburys (settled) Loan PPI - Refunded inc CI +8%

    Sainsburys (closed) Card Charges - Refunded inc CI + 8%

    M&S Money (closed) Card Charges - Refunded inc CI

    M&S Money (closed) Card PPI - Refunded inc 8%

    Direct Line (settled) Loan PPI - Refunded inc CI + 8%

    Debenhams Card (closed) PPI - Refunded inc 8%

    Swift Mortgage Charges -Refunded

    Hitachi Finance (closed) Charges - Refunded

  4. #4
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    Default Re: whizzkid001 v Swift Advances

    I would not even bother trying to claim anything from Swift. As you can see on the Swift Forum no one yet has ever won anything and all solicitors seem unkeen to take them on.


  5. #5
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    Default Re: whizzkid001 v Swift Advances

    That's the spirit Blackie.....!!!!!

    That's where we get the "great" in Great Britain, fantastic attitude!!!

    It may appear, that no one has won anything against swift.....I wouldn't be so defeatist just yet...who know's what's happening as we speak??


  6. #6
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    Default Re: whizzkid001 v Swift Advances

    Hi Doc

    Well said - we could all get down in the dumps and give up on this (I know it would be easy after my own experiences with Swift) but that's just what they want us to do - which is exactly why we musn't do it

    Anyway as far as I'm aware there has been at least one person who beat Swift - so Blackie is wrong on that point!

    Take care,

    Landy x

    PS - Don't give up Blackie!

    LTSB PPI on various loans (current/settled) - Refunded inc 8%

    MBNA 1 Charges - Refunded inc CI

    MBNA 1 PPI - Refunded

    MBNA 2 Charges - Refunded inc 8%

    MBNA 2 PPI - Refunded

    MBNA 2 Accident Ins - Refunded

    Swift Advances (settled) Mortgage Charges -Partially refunded

    Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

    Sainsburys (settled) Loan PPI - Refunded inc CI +8%

    Sainsburys (closed) Card Charges - Refunded inc CI + 8%

    M&S Money (closed) Card Charges - Refunded inc CI

    M&S Money (closed) Card PPI - Refunded inc 8%

    Direct Line (settled) Loan PPI - Refunded inc CI + 8%

    Debenhams Card (closed) PPI - Refunded inc 8%

    Swift Mortgage Charges -Refunded

    Hitachi Finance (closed) Charges - Refunded

  7. #7
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    Default Re: whizzkid001 v Swift Advances

    DO NOT GIVE UP Blackie.........there is more than one who has won against Swift and I can tell you there will be a couple more in the next couple of weeks I am certain of that as near as damm it is to swearing....AND in the HIGH COURT.

    sparkie


  8. #8
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    Default Re: whizzkid001 v Swift Advances

    I never give up, but having spent over £850.00 on solicitors trying to fight these animals, and not really getting anywhere, I am just concerned that others may fall in the same place. I'm lucky I have been able to cash in some of my pension to fund my Swift expriences and about to cash in OH [EDIT]. Just don't want anyone to start something that could lead them into more debt. My every waking moment is spent on how to beat Swift. I am lobbying MP's, the Prime Minister, every letter I send I CC it to everyone and anyone I can think of who may help.


  9. #9
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    Default Re: whizzkid001 v Swift Advances

    Hi Blackie

    I appreciate what you are saying but I've come too far to give up now and as we no longer have a mortgageicon with Swift they can't take our house away.

    Regards,

    Landy x

    LTSB PPI on various loans (current/settled) - Refunded inc 8%

    MBNA 1 Charges - Refunded inc CI

    MBNA 1 PPI - Refunded

    MBNA 2 Charges - Refunded inc 8%

    MBNA 2 PPI - Refunded

    MBNA 2 Accident Ins - Refunded

    Swift Advances (settled) Mortgage Charges -Partially refunded

    Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

    Sainsburys (settled) Loan PPI - Refunded inc CI +8%

    Sainsburys (closed) Card Charges - Refunded inc CI + 8%

    M&S Money (closed) Card Charges - Refunded inc CI

    M&S Money (closed) Card PPI - Refunded inc 8%

    Direct Line (settled) Loan PPI - Refunded inc CI + 8%

    Debenhams Card (closed) PPI - Refunded inc 8%

    Swift Mortgage Charges -Refunded

    Hitachi Finance (closed) Charges - Refunded

  10. #10
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    Default Re: whizzkid001 v Swift Advances

    Quote Originally Posted by blackie View Post
    I never give up, but having spent over £850.00 on solicitors trying to fight these animals, and not really getting anywhere, I am just concerned that others may fall in the same place. I'm lucky I have been able to cash in some of my pension to fund my Swift expriences and about to cash in OH in order to try and beat these fraudsters. Just don't want anyone to start something that could lead them into more debt. My every waking moment is spent on how to beat Swift. I am lobbying MP's, the Prime Minister, every letter I send I CC it to everyone and anyone I can think of who may help.
    Hi Blackie,
    Dont give up - there is a real weight of numbers of ripped off customers who are striving to bring this terrible company down, and sooner or later, we will make a difference.
    What were the conclusions of your solicitor? why did they not get anywhere?


  11. #11
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    Default Re: whizzkid001 v Swift Advances

    My solicitors seemed completely out of their depth. It was me who had done all the ground work and it seemed it was me speaking in court. I found it difficult to get them to understand that I was not in the arrears Swift stated because over half of it was in fact illegal charges. Swift also stated that my property was no longer worth what was on mortgageicon. Yet a year ago there was in excess of £100,000 equity. I also had a letter from Swift to my MP stating that they were content to let me just pay the normal monthly instalment and suspend the arrears for a time, but no one was listening. In the end the judge thank god decided to adjourn until 7th January 2010. My problem has been that each time I got Swift to court a different judge was taking the case, it will be a year in January since I started all this, each judge has a different opinion, so I don't know where to go next.


  12. #12
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    Default Re: whizzkid001 v Swift Advances

    Quote Originally Posted by landy_alert View Post
    Hi whizzkid

    I know this was a long time ago, but just wondered if you ever pursued this any further and if so, how you got on?

    I am currently attempting to reclaim similar charges from Swift and am looking for guidance from anyone who has had success already.

    Many thanks in advance,

    Landy x
    Hi Landy,

    My fight with Swift has been on hold for quite a while now. Have thankfully long managed to rid myself of them, I just need to get around to reclaiming all those unwarranted charges - which I will do soon!

    Settled Claims:
    Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06
    NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06
    Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06
    Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06
    Woolwich: £1100 Paid in full 28/2/07 + Default removed
    NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

    Current Claims:
    Abbey Pt 2: £2300 + adverse credit removal claimed 23/03/07
    Alliance & Leicester: £1421 + adverse credit removal claimed 23/03/07

    Refunds pending:
    Capital Bank: Swift Advances: Halifax

    Son's Refunds pending:
    Abbey: HSBC

  13. #13
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    Default Re: whizzkid001 v Swift Advances

    Hi Whizzkid

    Thanks for getting back to me!

    We too are thankfully long rid of Swift and if we could just get those charges back it would seem like real 'closure' to what was a particularly nasty time for us.

    Have you started the reclaiming process yet or do you intend to do so soon? We have written to Swift and received their final response - they offered us less than £150 back on charges that were around £3000

    We are now trying to decide our next course of action, but whatever we decide it won't be to let Swift get away with this. There are many Swift victims who are now battling against them to give support and guidance, so we mustn't give up.

    Keep us updated and I will follow your progress with interesticon.

    Good Luck!

    Regards,

    Landy x

    LTSB PPI on various loans (current/settled) - Refunded inc 8%

    MBNA 1 Charges - Refunded inc CI

    MBNA 1 PPI - Refunded

    MBNA 2 Charges - Refunded inc 8%

    MBNA 2 PPI - Refunded

    MBNA 2 Accident Ins - Refunded

    Swift Advances (settled) Mortgage Charges -Partially refunded

    Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

    Sainsburys (settled) Loan PPI - Refunded inc CI +8%

    Sainsburys (closed) Card Charges - Refunded inc CI + 8%

    M&S Money (closed) Card Charges - Refunded inc CI

    M&S Money (closed) Card PPI - Refunded inc 8%

    Direct Line (settled) Loan PPI - Refunded inc CI + 8%

    Debenhams Card (closed) PPI - Refunded inc 8%

    Swift Mortgage Charges -Refunded

    Hitachi Finance (closed) Charges - Refunded

  14. #14
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    Default Re: whizzkid001 v Swift Advances

    Swift have just sent me a statement of account belonging to another person, I doubt if this person would be very pleased, I have their address, names, and how much they owe. How embarassing. I wonder if I should contact them or Swift.


  15. #15
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    Default Re: whizzkid001 v Swift Advances

    I would contact the person named and report it to the Information Commissioners Office !!

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

    DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk...65-legislation

    IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

    I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

    IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
    Before you decide,consider the users here who have already offered help and support.
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    If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.


    Forum rules - http://www.consumeractiongroup.co.uk...ease-read.html

  16. #16
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    Default Re: whizzkid001 v Swift Advances

    Quote Originally Posted by blackie View Post
    Swift have just sent me a statement of account belonging to another person, I doubt if this person would be very pleased, I have their address, names, and how much they owe. How embarassing. I wonder if I should contact them or Swift.
    What happened with this? Did you instigate any action? It would be good to find out. Thanks.


  17. #17
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    Default Re: whizzkid001 v Swift Advances

    I have to be honest, the statement I received was also in arrears and these poor people were obviously struggling. So I just posted their statement to them.


  18. #18
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    Default Re: whizzkid001 v Swift Advances

    Yes I see. No probs. I hate these Vipers. Every single loophole in the law, every single way to get more money from consumers, these ***** exploit. Problem is, as we all know, consumer law (and most other law) is an ass. Its should NOT take public outcry/action for things to be scrutinised, and even then, the outcome is usually in favour of the tossers flouting the law anyways. Makes me wonder if there isn't some kind of "outside interesticon" for the policy makers.


  19. #19
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    Default Re: whizzkid001 v Swift Advances

    Quote Originally Posted by blackie View Post
    I have to be honest, the statement I received was also in arrears and these poor people were obviously struggling. So I just posted their statement to them.
    HI Blackie,

    That was the right course of action to take by sending the statement to the people concerned.............the y should contact the ICO and make a serious complaint against Swift under the Seventh Principle of the DPA...... security of data.......AND Article 8 of the European Convention of Human Rights .....the right to privacy to home life and personal correspondence which is embedded in the DPA.

    Taken from the legal guidance given by the ICO

    “As I am required to do, I have sought to interpret the Act in the light of the provisions of the Human Rights Act 1998, which came into force on 2 October 2000. This will need to be kept under review.
    The full effect of the Human Rights Act on our legal system, and on society as a whole, has yet to be felt. It is, however, clear that the role of information in our society makes it increasingly important to develop respect among data controllers for the private lives of individuals and to ensure good information handling practice.
    The Human Rights Act, and in particular Articles 8 and 10 of the European Convention on Human Rights provide the legal framework within which interpretation of the Act, and the Data Protection Principles which underpin it, can be developed”.


    sparkie


  20. #20
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    Default Re: whizzkid001 v Swift Advances

    Can only agree with on this matter (sorry only just catching up on Swift after they passed my property to GMAC RFC who deliberately have undersold it.

    The comment about courts is correct the H.M.C.S are more corrupt than people think, and swift in particular do approach judges outside of the court room. Believe you me I have the proof.

    One instance an application was made and the judge in order to stop the application applied a totally irrelevant piece of legislation, claiming in this instance.
    Clearly acting in a totally biased manner and giving no reasons for doing so, these judges, should learn to read there own rule books; and comply with the laws of the land.

    Just one more comment on judges I seriously wonder how many of them have a financial interesticon in Swift and GMAC RFC since they certainly dont declare as they should.

    The House of Lords judgement in Pinochet made this perfectly clear.
    Might be an avenue to pursue.

    I was going to give up on these sub slime lenders since I will know doubt end up Brupt.
    But I am not there is a lot more to come as other caggers are not giving up, why should I.

    After all these firms are little more then legalised loan sharks, and use deception and bribery to get what they want.
    Sorry if this is strong but it needs to be said.



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