what? You think maybe Swift Management think this is some kind of sport then SE? - Bring em oon !! SC

Dazpen, exactly what date did your agreement commence? You have blanked off the dates but the first payment is 26th July 06 - it makes a difference and to clarify this or act upon it you will need to take proper legal advice, none of us are lawyers so can only point you in a direction from our experience as laypeople. CAB or half an hour of any solicitor is usually free so long as they have Consumer Credit knowledge, will take you through this. After April 2006 the decision on whether your agreement is enforceable lies with the court and the judge, any agreement prior to that relies on the CCA and in that sense your agreement would have been unenforceable as it, as pointed out earlier shows you have 2 distinct categories of credit so in your words ' is dodgy'...We are working on the precribed terms issue, but it is not as simple as saying yes it's unenforceable or no it isn't, it depends on numerous things, the date and your luck being just 2 of them. Read the threads, get some legal advice because you certainly have an agreement which needs looking at. The best time to attack these people is when repo action has been issued to be frank as it saves you issuing a challenge and being lumbered yourself with the cost of that. Swift issue repo action, you issue counterclaim, if that happens we'll help put something together, but bear in mind we are no substitute for proper legal advice and we can't do it for you. we'll help as much as we can, but as I say, your agreement certainly needs looking into...we are working on the rest.

Well there's 2 things you can do, 1) you can ask them, but I'd guess you'd need to show you have enough equity in the new place to cover their loan, although knowing the way these people work it's likely they'll be looking for that rather large chunk of your money for early redemption penalty, redemption statements and so on, you ought to call them and ask how much all these charges are going to be ( don't ask for a redemption statement that'll cost you something like £150 - just ask them to run through it and what the possibilities are for transferring it as you are 'preparing for the possibility' if it were to happen. 2) You could post up a copy of your agreement and a breakdown of your loan here making sure you use photobucket or a pdf file which you have thoroughly checked out and blanked off account names and personal details -read the document from top to toe as they pop your names in all kinds of weird places(Check any of your blanked out area's cannot be removed on here by right clicking the blacked out area and clicking 'cut' some people have done this and compromised their personal data,) then once it's up here someone can tell you if their agreement is enforceable as numerous of Swifts aren't...I know this forum is not about 'not paying ones debt', but these sharks deserve no better....you might have plenty of equity then! Good luck with whatever you do....just get the completing solicitor to check out the agreement before he/she pays Swift off SC

That's 'Neal' - Swift's is Mark - might be related though!

Tank ye kind sir

I'm sure this has been asked a thousand times, but can someone tell me exactly where the line was drawn on Agreements falling under the '74 Act I need to know if challenging an agreement's enforcability when the cut off date was for the '74 Act and what dates fall under the 2006 Act amendments. Ta SC

Something I would like to ask certain people with Swift accounts to do before sending off letters to OFT Swift et al...let us know what you want to send and try to consolidate our actions. A united but cosistant campaign to get these blighters to adhere to the law is what we need. We have seen many of their staff telling alledged 'untruths' in court, we all know that we are sitting on a company that have the majority of their agreements with something wrong with them and potentially uneforceable, many people have had their homes repossessed as a result of inperfect agreements and therefore should not have had them repossessed. What is needed is a gathering of this information, which, sadly, might be too late for some but some restitution could be gained from this for them too. Credit Agreements CAN be opened up again, it's not easy, but it is possible if an injustice has been done. All we need is to find the right legal advice as to how to do the right thing. Swift are not abiding by the law, I found this with the Debt Collection Agencies. 3 years ago the debt collection business was running riot on debtors, but being at the centre of a campaign to make them abide by the laws of the land as I was led the DCA world to change beyond recognition and if Swift have any sense they will refer to Wescots who are all a part of the Alchemy empire and ask them what they have done over the last 3 years as a result of Consumer pressure ...well my friends, it's because of me and a number of other dedicated people in a highly focussed team who brought the OFT down on the collections business like they'd never imagined and they have changed beyond recognition ( well most), Now it's Swifts turn, they wont like it, they won't expect it, but it's coming and they won't realise until it hits them. So, Gather up your agreements people, post them up for us to view, we'll try and formulate a template of what is right and what is wrong, don't leave it all to us, join in and we'll put Swift to the test and see if their schemeing ways can be changed using the forces available to us. We'll do EVERYTHING according to the law, and we'll make sure they do too...something they are not used to. [EDIT] SC

Doesn't matter how much over £25k it is... It's the amounts which make up the various categories that count. If cash is less than £25k - Unrestricted Use... Loan to pay off ABC loans Ltd under £25k Restricted use Mortgage arrears under £25k possible combined with above depending on how it was done, but if combined total is above £25k that could be still enforceable - Restricted Use Charges etc... You have what is known as a Multiple Agreement regulated by the CCA '74 if it's earlier than when the new 2006 CCA came into force which I think was some time in 2007/8 so older agreements are still regulated by the '74 act. You need 2 categories of credit to make a multiple agreement so read up on that thread I posted and familiarise yourself - once the penny drops, you'll realise exactly what I mean. One word of warning though...Multiple agreements are not yet in our pocket and have still got a hurdle to jump in October when the Heath vs Southern Pacific comes to the Appeal court..whatever happens there will be the case law for multiple agreements but I know of one judge who said an agreement was unenfoceable as far as he was concerned, but couldn't rule in the defendants favour just yet as the appealed case quoted was appealed before and lost (although most believe to be wrongly decided) so you can use this to stave off repossession for sure and wait the appeal.

Take a read of this pages 1-4 http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html and have a look at the letter Dazpen has posted here....that's what I'm after..http://www.consumeractiongroup.co.uk/forum/swift-advances/209542-dazpen-swift.html#post2295593

What you have Dazpen is a multiple agreement. I won't confuse you too much with the nitty's, but I'll try and give you something to use later on, can you please tell us what the situation is with Swift and the timescales and/or court process to date? The agreement is a Regulated Credit Agreement 1) The money to GE is Restricted Use Debtor Creditor Credit as you had no control over it - they Swift sent it. 2) the Cash which they sent to you is Unrestricted Use. Did they ask if you wanted to pay GE or did they say you can't have the loan unless you clear GE because no doubt GE is also a secured loan? You require 2 categories of credit under the CCA to make your agreement a Multiple Agreement...may I suggest you read this thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html to familiarise yourself with the legals. Read page 1 - 4 , Print out the first post by PT and page 4 post 61 by elizabeth 1 and take it to any legal advisor, you can challenge any moves Swift make on you for repossession by putting this in front of a Judge...let the solicitors do it for you. Come back once you've familiarised yourself fully and we'll talk you though it.

Whip that off SE, it's got your account numbers on... what I meant also was the letter which they sent you giving the breakdown of the loan....

Can you post up a copy of the letter that accompanied this document Swift Eater, the 'welcome letter, which outlines all the details of the £49k - taking the necessary precuations of ID as before of course? SC

What you need to do for us Shanidev is give us a breakdown of your mortgage with ME. 1) When did it begin?- 2) When you took out the mtg - did you use a broker? 3) Have you had any further advances or loans since with ME on top of the original mtg but added to the mortgage? 4) When you took out this mtg was it the First Charge mortgage or 2nd Charge? 5) Did you have any loans paid off or other bills paid by ME when you took this out? 6) Did you receive any cash at the time as part of the Mtg deal? Start there and we can see what comes out from there... SC

They'll also charge you for the redemption statement...get a comprehensive statement like a bank statement, not just some bunch of figures that are meaningless and unreconcileable . SC

Just PM'd you Mudge..

Hi, how was your loan structured? Is it an Unregulated loan? How was the loan paid to you and in what amounts? Did they pay other debts for you?

1st - Swift moved from Hornchurch yonks ago so change the address to the one I have put in red.. I think also that you might be referring to Pro bono barristers who are the special 'solicitors' (although they are not solicitors)they are barristers. Any good solicitor who understands this consumer credit could help you with this, although for the amount you'd almost be as well with a Money Claim on Line....I've never done one of those TBH, but I gather it's simple enough filing an N1 form and hundreds have used it on CAG so you won't be alone. Others might advise you on the best action to take. You may also consider mentioning the charges issue too whilst you're about it, they are not far from secret commissions and are recoverable, some have reclaimed them on here, it's just Swift are a hard nut to crack.... Don't worry about walking this through, there's plenty of people here who can take you step by step with a bit of luck.. SC

You have to do what is right for you and not one Cagger will hold it against you. I signed a confidentiality agreement on a deal I did and it broke my heart to do so as I could and should have told the world about it, but you have to negotiate the best deal you can for you and your family and know when to draw the line in the sand. If you can or want to make a deal with them, you can go back and say " alright, you want to deal and you want confidentiality then lets talk until we drop, but think of you and your family and what you are comfortable with...this is about playing poker as x20 once told me, he who blinks first, but don't throw away a good deal or one you can live with thinking you 'might' get something else unless you are 100% sure you have such a watertight case there's nothing you can lose..if not, go where your heart takes you for the family. Only you can decide, but sometimes accepting a deal is a far more respected way than fighting and losing. NOBODY on here will feel you have let anyone down by not accepting and you and only you know what decision you'll take...I've seen many hundreds of people taking and accepting things they rather hadn't on here over the years, try and get some little bit extra, think about what's on offer and what you might have got if you took it all the way and won, try get costs, or something as usually companies only back down if they think things might not go their way..up the stakes a little..then do what you have to...and be proud you got this far. Just my opinion. SC

...and there you have Sue in a nutshell and about time too in my honest opinion...that's all he ever gives me the impression of doing..saving ass !! SC

This might be of some limited use for your records. This is a brokers site who brokered my Loan with one of these companies...They have now gone bust so their website won't be around much longer I shouldn't imagine so download what you need, but it's the forms Financial advisors complete to present to brokers for loan applications for numerous finance companies. I've found a few useful answers to a question or two on securitisation giving rights to legally assign and so on I've had so some of you might find these useful, press the ' Intermediaries Click here' tab and browse the 'pdf forms' button. ..the link to ' view our process guide' is useful too.. More Finance - 0800 043 0310 Hope it helps some.. SC

Wunch of bankers...

I've been in contact with my barrister and he's saying that if he's to fight the appeal for me he would rather do it on his own Skeleton argument and as he's been involved from the beginning of the legal battles I tend to agree with him. I've gone over the 161 and as you say, it doesn't look too daunting so if push comes to shove I'll do it, but I do only have until 4pm Friday to lodge this so I am trying to get the money together for my barrister whilst attempting to scramble a skeleton of my own too, I think that gives me another 14 days after the N161 so there is hope. I'll let you know tomorrow as I have to work fast. I really appreciate the assistance. Be back tomorrow. Many thanks SC

Okay thanks, I'll be back on tomorrow afternoon so I'll print the form out and see how far we get before I need help..many many thanks.

Well done Liz.

Yes it's multi track..., but are you saying even if they baulked at the 5 month stay and the judge gave them 3 month you reckon I should/could get that increased through lodging this appeal form? I'm trying to save myself the £700 if I can. I'm on Pension Credit so court fees are found, but Barristers fees arn't I don't think.... I took a look at this form and it does seems quite long and complicated, I guess I might be able to do it if I concentrate hard enough ( ooo the pain! ) all suggestions are really appreciated dad, I think I just need walking through this a little if I attempt it on my own and I have to have it in by Friday.