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Everything posted by Smarterchick

  1. Just one final thought cosytoes, if you are using a solicitor and he/she requests a full disclosure under the request for a detailed breakdown of their figures, ensure they make sure all the % rates and back-up documents to support any and all figures they have applied are supplied to your solicitor as they have a habit of supplying rounded off figures, no interest % rates and no supporting evidence as to what exactly the charges represent IN DETAIL - which is exactly what you want.. Do not be fooled into thinking they are correct and acceptable - they are not. If you do not understand ex
  2. Cosytoes, I don't know you so I don't know how much resolve you have to handle all of this, but you are now not alone and you will be supplied with information we need you to be able to handle. First things first - try not worry, take control over this and put yourself , if you can back into the driving seat. The ride might be bumpy, but you can pull through this if you can hold your nerve. Swift are not an easy customer to deal with as you have just established, but they are beatable and you can keep on top of them. Keep telling yourself that YOU are not the guilty one here and Swif
  3. You may need the court to make an order for disclosure by Swift of their charges and to quantify the figure they are demanding in settlement. There may be many items you were un aware of and there is also the European Court of Human Rights Article 8 ARTICLE 8 Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety o
  4. Cosytoes, demand a complete breakdown of the charges and a statement of account from Swift detailing the exact repossession figure claimed. Apply to the court and dispute the amount if you have to. Your solicitor seems to be on the right track, but get that statement and analyse it. Do you get statements from Swift 1st Ltd? Also, get the names of the people who attended the court and made the statements you quoted above, you should be able to ring the court and get the names of who represented them on the day from their receiption sign-in. This is important. Get a transcript of the hearin
  5. You're damned right A1. How many of us have lived in denial over one thing or another in our lives? Once the reality sets in then and only then do you get to the core of the problem. Swift are in denial and have been for years. They live by stealth taking people to court, repossessing them by throwing big time lawyers and barrister at us because they have the money to do it and get away with intimidation. If only they'd face reality and admit their errors like any other business then they may have protected those poor staff in Brentwood who they have and their families who rely upon them
  6. I wonder who'd be daft enough to take financial advice from Swift? You'd need a lie detector in your pocket. Actually, it would be against the broker anyway rather than Swift as they would claim they do not offer any advice (which is probably just as well given the lies they tell in normal life) to the account holder. So no fiduciary duty hangs on Swift. You'd be better to look into what they do and how they do it than trying that on as they'll wriggle out of it like a snake in jelly.
  7. It all began in September...There was no mention of Limitations, that's was peed me off. This was just company 'policy' ! I will go legal, I have no hesitation, but having spent the best part of two years in and out of court preparing documentation I would rather have been treated in a civil way and not put through all this - I have a life too lest they forget. - I get fed up of all this winning! LOL Why can't they just own up and pay up - they will in the end, but they use these intimidatory tactics to scare people off. I am actually getting a trifle miffed that these companies ac
  8. I wrote to Egg asing for PPI back because I was self employed at the time and they charged PPi on the card which I could never have claimed against. It's not a lot of money, but compounded at the 15% rate at the time it comes out at over £1000 going back to 2001/2. They wrote back saying it is egg policy not to repay if the claim is for money which is more than 6 yrs or more after the complaint. Policy or not it's my money. They are referring me to the FOS, but is there anyone here who has successfully claimed pre 6 yrs? This is not a Limitations issue as it's when you find out, not
  9. To be honest, I'm just going to write and ask them outright. They have answered my letter omitting the answer to this, so it seems logical to just write back and ask them directly - KIS - Keep it simple..LOL I could never make out exactly what they'd charged on their redemption statement, they are a bit confusing even for someone like me, so I'll get to the bottom of this with straight forward question/answers until they become evasive then I'll give em the 'treatment'! LOL SC
  10. This is the letter I received after asking about their charges and discharge of loan fees when I took out another loan which paid this one off: Following our acknowledgment letter of xx/xx/xxxx I can confirm I’ve now completed my investigation into your complaint. Thank you for your patience whilst I’ve been looking into this for you. I’m sorry to read you’re unhappy in regards to administration charges applied to your account. Please find enclosed a copy of your welcome letter which has ‘A Guide to our Fees’ enclosed. The Repayment Administration and Discharge Fee is an admi
  11. Joe, you posted a while back that you had a letter from Eastern Counselling...can you depersonalise it and post it up for us to see...? Ta.. Good advice from Sweet Jane - hang on in there if you can.. SC
  12. Sorry to jump in here...can someone tell me the difference between and expempt agreement (s.16 CCA) and an Unregulated agreement? More specifically, a £47,530 loan from a finance company, secured by 2nd charge taken out in June 2005. what would this loan agreement come under? I know it's unregulated, but is it an 'exempt' agreement? They are 2 distinctly different things I am told...anyone?
  13. Thank you. Bit of a read, but it is helpful in something else I am doing too...most useful and I thank you. SC
  14. ..and that in a nutshell is what Cag is all about Partick and long may it be so....just a personal opinion, but coming from the heart...we are all in this together to find the end game and so we shall! Swift won't know what's hit them one of these days, we've just been tickling them to date .and look..no guests !! - they must all be in the accounts department trying to get their figures fixed for their very late year end accounts
  15. To a degree, yes and I'd expect that, but since it has all been concluded then why the secrecy? Surely, any documentation with my name on it I should be a party to now? If a document has redacted information on then would it not be proper to send me the document with the redactions, rather than remove the whole document altogether? I just find it ' uncomfortable' that a solicitor gets their hands on my file and 'sorts it' before I get what they want me to see...I'm splitting hairs Donkey, but the devils in the detail sometimes and I'm after the detail...as we are prone to be doin
  16. About a year ago I did a deal with my bank who I had a disagreement with over my mortgage. They used a large firm of solicitors. I recently applied to my bank for a Sub ject Access Request and found when it arrived that it had come from the solicitors via the bank, not directly from the bank. Now this dispute was settled between us and we have all moved on, but out of curiosity I asked the solicitors for a statement of truth that they had not removed any documentation or redacted any information before sending me these files and this is what they said: " In relation to your
  17. Following on from my other letter from Eastern Counselling ' Department' take a look at this one which is an earlier attempt to cash-in on fees. Note the first line of this letter " Swift Advances plc have instructed us...............???? Instructed us??......WT*? They tell me they have issued a Default Notice, which they had under 'Swift Advances' but this was an unregulated loan....mmm why the DN then? On the other hand I should be grateful they were offering to help me shouldn't I? - I'm such an ungrateful, selfish bitch... Eastern Counselling 2.pdf
  18. Swift seem to think that everything they do is ' relevant' and everything we ask is 'irrelevant' I wonder how they feeling right at this minute? They must be stretched for staff in their accounts department too, haven't filed their accounts yet - naughty boys and girls. maybe they told Companies House they're ' irrelevant ' too
  19. That's Swift Group Limited.....Swift Group is used by Arcadia House residents..Precision is what makes this fun! If you are going to make legal complaints you need to be spot-on perfect which we are beginning to get the hang of quite well now... Maybe they'll all be living in caravans soon eh?
  20. Trading Name(s) (Historic): straight off the OFT Public Register: Eastern Counselling Agency Eastern Collection Agency Take a look at the name on the headed notepaper :Eastern Counselling department.pdf Eastern Counselling 'department' is but a department and has no right to charge a fee, it is nothing more than a telephone extension on the credit control departments desk. It has to be looked into like everything else, absolultely everything as I was mentioning above and Lesterlass is right, it was registered under one guise or another, but all these names are figments
  21. Ouch! that's a lot of money, however, if you were not told about the payment it would have been deemed secret commission, but if it's in the agreement document were you aware of this before you struck the deal and would you have gone elsewhere if you'd have known. As this is an FSA regulated mortgage I would suggest you had a quiet word with them. As for Eastern Counselling charges I might suggest that you also have a word with Swift 1st and ask them under what authority they had to charge you these monies. Eastern Counselling is a 'department' within Swift Advances Plc and is n
  22. Well we'll have to wait and see won't we? I know if I was driving my car without a licence whether it had run out or just never applied for and the boys in blue caught me after I'd just run over someone then chances are I know where I'd end up...same with any license - why should any company be different, that's what makes me laugh about the OFT and their regime of not issuing licenses at the date the current one runs out...how can they just leave it open indefinately? Makes a mockery of the whole licensing regime. You either have a license or you don't. I'm sure those nice people working behi
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