Dear all, I think we need to get rid of any paranoid thoughts we might have concerning quoting the Fraud Act 2006. The reason is simple: Fraud Act 2006 (1) A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offence). (2) The sections are— (a) section 2 (fraud by false representation), (b) section 3 (fraud by failing to disclose information) 2. Fraud by false representation (1) A person is in breach of this section if he— (a) dishonestly makes a false representation, and (b) intends, by making the representation— (i) to make a gain for himself or another, or (ii) to cause loss to another or to expose another to a risk of loss. (2) A representation is false if— (a) it is untrue or misleading, and (b) the person making it knows that it is, or might be, untrue or misleading. (3) “Representation” means any representation as to fact or law, including a representation as to the state of mind of— (a) the person making the representation, or (b) any other person. (4) A representation may be express or implied. (5) For the purposes of this section a representation may be regarded (3) “Representation” means any representation as to fact or law, including a representation as to the state of mind of— (a) the person making the representation, or (b) any other person. (4) A representation may be express or implied. (5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention). 3 Fraud by failing to disclose information A person is in breach of this section if he— (a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and (b) intends, by failing to disclose the information— (i) to make a gain for himself or another, or (ii) to cause loss to another or to expose another to a risk of loss Now how much clearer should it be - it is not a question of 'anything coming back to bite you on the bum', IF you believe that you are right. It is your RIGHT to make a complaint to the Police, and your RIGHT to have it investigated. Now my friends, Mack Hall, in this situation that we are discussing have breached the Fraud Act 100%. Where is the problem???? I hope this clarifies the Fraud Act point. A unilateral Charging Order is one obtained by application to the Land Registry and entered on the Register without your knowledge, and without you attending any sort of Court hearing - true it the entry can be removed, but it can be very difficult to do this. Anyone with any views/ideas/thoughts on this??? As always my sincere good wishes to all Dougal

Good evening, My thanks for your support and comments - ANYTHING I can do to help PLEASE JUST ASK!! As always Dougal

Good evening, I agree it is time the working man fought back and reclaimed what is rightfully his that has been unlawfully taken from him!! Great idea, web conferencing - must get out my Kodak Brownie..... All the best to everyone as always Dougal

Evening all, I take the point, and I do agree that the more 'ammo' that one has the better, even if it is not quite the 'nuclear weapon' we all hope it will be!! As always best wishes to all Dougal

Good morning, I have already said my piece on this, BUT I still insist you should report this matter to the Police, as an act of Fraud. Please read the Fraud Act 2006 - yes it's dull - I know!! However you will see why it is so important now, once you have read it! They have no regard or respect for Civil Law whatsoever, and will never abide by it. If you PM me I'll send you the two letters I sent to Mackenzie Hall, which sent them running over the hills and far away. Just trying to help......WARNING they will take no notice of anything and will continue to hound you unless you deal with them (in a manner which some think severe:rolleyes:) by hitting them hard. I know how badly they treat you, please reconsider your actions. They will even try for a Unilateral Charging Order on your property, which you will not be notified about until they have obtained it!! Best wishes - if I can help, please ask... Dougal

Morning all, Just a short note to sorry - sorry but I'm in Sussex and it's too far for me. I wish everyone all the best though and hope it goes very well. Sad that I can't be there..... As always Dougal

Good morning all, No chance, I am sorry to say - all the time the FOS are funded by the Banking system! Sorry - feeling a bit frustrated with these people, who are supposed to help and protect us!! All the very best as always, Dougal

Good evening If you think my message is 'a bit over the top'....these people are ruthless so .....you haven't seen nothing yet! Mackenzie Hall are very notorious, so Barclaydaav must be prepared for a rough ride! It will be greatly distressing for anyone involved (Barclaydaav's family, if there is one - no offence meant), but it is vital to strike back, before they do some serious harm...[possibly not physically, but certainly mentally. The stress will be enormous!!] The only way to stop them is to hit them hard and to hit now. Barclaydaav - If you PM me I will send you a copy of each of the two letters I sent to Mackenzie Hall, and they have left me alone - why - because they were not legally entitled to ask me for money....which is what they do to everyone, they ask when they are not entitled by law to do so. (Some silly b**gers pay up.....) It will be a great mistake to either (a) sit back and do nothing or (b) to try and negotiate with them. Please, I urge you, reconsider your position. Kind regards Dougal

Good Morning... THIS IS A VERY SERIOUS MATTER - MACKENZIE HALL HAVE COMMITTED AN OFFENCE UNDER THE FRAUD ACT 2006. I know only too well what they get up to, and having been a policeman I can tell you that you MUST write to them and tell them that they have and that you intend to report the matter to the Police (even if you never do). I can guarantee you will never hear from them again, BUT in your letter you must put that if they take any detrimental action against your credit rating, this will also be considered as an offence under the Fraud Act 2006, and they will be dealt with. You can also state that it is not just the company that are prosecuted, but the person who writes the letters/or makes the telephone calls also commits the offence(s). !! Make sure you (a) send the letter first class recorded delivery and (b) DON'T put your usual signature on the letter. I apologise if I am 'teaching you to suck eggs', but these people are crooks. Please read 'The Fraud Act 2006' (yes, I know it's dull BUT it clearly shows that the consumer is protected from these lunatics.!) All the best Dougal

Hi EiE, I am very sorry to hear of your sad loss. My thoughts are with you. Turning to the question of Fraud, a Criminal act committed in, say 2004, which has just come to light and is a case of fraud, and as such would now be prosecuted under the Fraud Act 2006. Hope this helps. All the very best Dougal

Hi all, I've just seen this.....did anything happen???? Regards Dougal

Good morning, I don't see how they can supply a true copy if they are unable to forward a copy of the original agreement!! I think you are being given the run around. MATTERS ARISING DURING CURRENCY OF CREDIT Request for information: This is your right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - the creditor has an obligation to provide in formation which also extends to providing statements of account. Enclose a £1 postal order in payment of the statutory fee for the account, which will cover your request under s.77 and 78, if you have not already done so. This copy letter sent to original creditor or DCA might also help: Please be aware that I no longer acknowledge this debt to your company, and therefore require you to supply the following documentation before I will correspond further. Firstly, you must supply me with true copies of the agreement you refer to in these matters. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing statements of account. I enclose a £1 postal order in payment of the statutory fee for the account. Postal Order number 000000 I also require that you supply signed true copies of the deeds of assignment of the above referenced agreement. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Best wishes Dougal

Good morning everyone, The situation is that am preparing a short precis of matters to date concerning Swift and this will go to the SFO in due course, certainly in the next 3-4 days. In the meantime, I believe I may have found a firm of solicitors who are keen to take on the case on our behalf.....more tomorrow after a telephone meeting! This will not impinge on a Police investigation, and if you PM me I will be pleased to supply a copy of my precis for your approval/comments. I need to use this route to ensure total security at this vital stage, I do hope you do not object to me being 'over cautious'. As always Best wishes to all Dougal

Evening all, As an ex Police Officer would you anyone like me to make the initial approach to the SFO? I would be honoured and delighted to start the ball rolling....... Best wishes to all Dougal

Hi Sparkie, I like your style, BUT will HMRC give you the info you want? Is it not privileged information and therefore protected? I am not sure of the position HMRC are in at his point and was hoping you could help me? MY own thoughts/track concern Mr Matthew Payne, and I am sure that a correctly worded letter to the SRA (Solicitors Regulation Authority) may well give him some long deserved ( and I am sure unwelcome) investigation. What do you think? All the best Dougal

Good morning all, Swift Advances plc do not hold a Consumer credit licence. I believe this may give them great difficulty in pursuing debts, but I'm researching that. Best wishes Dougal

Good morning all, Two letters received from Swift which make very interesting reading All comments welcome Best wishes Dougal

Good evening all, Apologies for delay...busy day...! I'll use Photobucket tommorrow and post docs then. Best wishes to all Dougal

Good morning all, Just to let you see the two letters received from Swift.....and what a lot of 'careful avoidance of the truth they are playing at!! Any thoughts, please let me know...... Best wishes to everyone Dougal Page 1 swift letter 1.doc Page 1 swift letter 2.doc

Good evening all, As promised the two letters received from Swift (in sequence of receipt), I know what I think....any thoughts from anyone else please? Kind regards Dougal Page 1 swift letter 1.doc Page 1 swift letter 2.doc

Good evening all, I've had a very interesting response from Swift, I'll post it in the morning, basically I think I might have upset them by intimating that for Fraud it is not just the Company, but the person that sent the letter and the Directors of the company that could be sent to prison if found guilty.....!! Kind regards to all Dougal ps : Don't forget a group action will be the answer, and we need to start organising this NOW.! Any thoughts anyone....

Good evening all, Now that is an interesting thought....... I'll ponder this in depth, meanwhile let's keep up the pressure....! I have actually sent, before the deadline two separate submissions to the Committee.....both different, but both about our friends 'the quick bird which sleeps on the wing.' No, I have not been at the bottle..!....just cautious about snoopers... Kind regards Dougal

Good morning all .... Just sent my submission.....despite the responses from the committee!! (I managed 1500 words....) Why am I not surprised at the replies from the committee posted above.....? Surely we didn't expect something to be done......did we?? Best wishes to you all Dougal

Good morning everyone... I agree with Crapstone, that a joint action is the only answer. I know we all want our own cases/claims/complaints dealt with now....but how much better to be in a VERY strong position as a team, rather than an individual? It is obvious that there are offence being committed by these people on a wholesale basis, and for the offender if there is only one complainant, then there is every chance of much more lenient treatment by the Courts, so all complaints must be gathered together. So what is now required is to collate all of the complainants, and their complaints against the particular companies, [ I believe there may be just 2 companies, Swift Advances plc and GE Money], and then possibly to arrange a meeting of us all [?], to decide how to take this matter forwards and nominate the Police station and representative we would like to use. This could of course be one of us at this stage. Any thoughts anyone.....? I personally am keen to get this matter rolling, so have made a start in putting all of my papers together. Best wishes to you all Dougal

Good evening all... I accept that caution is neccessary, but inaction may be worse that making a start on this path... Best wishes to all Dougal