I have a repossession claim against me that I counterclaimed on as a result of an agreement not complying with the CCA. It's a clear case of not falling in line with the cca requirements in execution - multiple agreement scenario s.18. Now if they put a stay on these or any 'CCA' issue claims what happens then - ? It sits there for 6 months? a year? 2 yrs..? whilst appeals and so on go on...I have a hearing booked for 2 days thrashing this out ( 2 days ) in June thank goodness I have a barrister - maybe I won't be needing him?

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within-4.html Post 61 :D

Thanks Hackfleisch, much appreciated They may have invested with fund managers Alchemy, but can you positively identify Swift Advances Plc's portfolio of mortgages and loans being securitised within any of these organisations you mention? We know Swift Advances plc are a part of Alchemy, but what we want to know is how Swift, who say they don't securitise their mortgages and loans, get their funding for new loans and whether they securitise these mortgages and loans through an spv? - Any help on that would be a great help. Can you be more specific at all?

I don't think you'll find anything in the prospectus, it will be amongst the s.395 info and what that gleans thereafter that the title numbers will appear, the stuff we are not supposed to see. Elizabeth1 raises another interesting point on further advances or loans in addition on your mortgage. Apart from the fact (although look at this carefully) that many further advances and loans on existing mortgages SHOULD be classed as Consumer Credit Agreements rather than dumped on the mortgage and often multiple agreements at that as some of your arrears will have been cleared and some case provided for other things (search multiple agreements on here) the mtg may well have been securitised at the earlier time before one took out the additional lending so eeffectively would have been separate agreements. I understand though that if you arrange a completely new mortgage or remortgage through the same lender they would need to re-purchase the mtg from the spv and set up a new one. This happended to me in 2004, My original mtg was taken in 1989 but I organised a new package on a 2yr discounted fixed rate in 2004 so the bank would have repurchased my mtg and the securitisation I should find in the first tranche after 2004 that were bundled together. Just got to find it, but I will.

Thank you roony, brilliant stuff...

Yes I did roony, but that brings you nothing more than basics, these people keep anything they don't want you to see. They are as tight as a ducks a*rse and that's watertight.

Right, Swift Advances plc - I need to know asap if we can nail these flu carriers with the securitisations of Swift Advances plc portfolio of mtgs and loans - mine in particular is Feb 2006. If anyone can help search these out and link these beggars to any of these companies below which pkelly has kindly supplied us with on the Swift thread I'd be eternally grateful: " someone asked about Alcentra, and Alchemy, sorry for not getting back to you sooner, hope this helps, please private message me again if need be Alcentra was formed by Alchemy Partners who bought them out and merged two asset managers - Imperial Credit Asset Management and Barclays Capital. Alcentra Group Limited entered into an agreement with Barclays Bank PLC Alcentra, an asset management group focused on the leveraged debt markets, is majority owned by the Alchemy Investment Plan, a Guernsey based private equity investment plan advised by Alchemy Partners with the balance held by Alcentra's management team. Alchemy Partners sold 80% of its interests in its portfolio company Alcentra Group to the Bank of New York in 2006 Swift Advances was sold to venture capitalists Alchemy Partners." Thanks pkelly the net's closing...

Thank you very much kind people, will be in the post tomorrow...I'll let you know how I get on..

PM'd you..

yeah yeah, I know, but are there any more advances on the correct approach than BRW's If I write that BRW, I'll come home to find the cat fried - they call it Murphy's Law!

This may sound daft, but isn't so daft really...I am going to write / contact my mortgage lender to ask who is to be put on my new House buildings insurance Policy. I do not wish to alarm, give them a chance to scuttle me out of it and all I want is to get the exact name of the SPV, so can anyone suggest the correct approach to achive maximum result? Such as, a) "Would you kindly inform me of the name of the first charge holder so that I can advise the insurance company?" b) I have been asked by my Buildings Insurance company that they would like to know the true name of my mortgagee? c) I am renewing my Buildings Insurance and the Insurance company wish to know who to add to the policy as beneficiary in the event of total disaster? What? can someone suggest the correct approach - The reason I ask is that numerous people will no doubt be watching this thinking ' how do I ask my mortgage company what the name of the spv is' There are ways of asking questions and I'd like to know what NOT to say as well as what I am to say. Having never approached this before there may be others who would know, simple though the question seems I have a more serious motive and that is 'getting it right !' Thanks SC

Well they should, if charging the consumer, give the consumer a choice of policies rather than one they sell/buy themselves. This is similar to having to buy PPI from a bank when they sell loans.

So if Olympian contact me and they have my details (which they did) and the were recommended by Swift then Swift becomes a broker - I wonder if they get a fee from this and I wonder if they could then be deemed to have received a hidden broker fee?

:D What have I started? :D So, hands up how many people emailed our Gary @ CCR offering assistance and advice for his articles? [email protected] love from SC....

If you look at post 9 Mr T that's exactly what it looks like - a cut and paste jobbies as I didn't say that, you've extracted it from the quoted text below my introduction...however, I felt this misrepresented my words which were those at the beginning of the post 1. No harm being done on this occasion. However, you'll appreciate what I am saying when just looking at your " quote " in said post 9. Whether you think I'm sensitive or not matters not, but shows how misquotes can be deceptive. I'm not sensitive, just precise... SC

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/197090-debt-colletion-industry-needs.html#post2137518 Hey Mr Ton, I never said that in your post - that was CCR mag...you make it look like I wrote that. Seems like your doing a Blue Peter on me.. CCR don't seem to have their forum or comments pages anymore, they must have removed it having seen what we did to Credit Today, their rivals...but isn't it a desperate bid for help from within....typical journalsits making a story out of misery I wonder what losses my mates in Cabot have this year ...poor old Glen will have to sell his Astons and Kenny will have to move into one of those caravans...

Anyone want to chip in to the Industry cry for help in identifying a way forward? This is being sent out within the industry by a credit magazine looking for voluntary contributions looking for guides to DMP's/ Enforcement/IVA's and how they can be nice to debtors...anyone wanting to help this ailing industry to get us to remove our heads from the sand contact the said individual below...good luck Gary! Enjoy: Quote: Debt Management, IVAs & Enforcement Focus – Negotiating With Debtors As times become more difficult, one underlying fundamental of the credit industry remains true - the need to communicate and negotiate with debtors. This month Credit Collections & Risk (CCR) will focus on three key areas of negotiation: Debt management IVAs Enforcement Whatever it takes to encourage the debtor to talk, whether it be a debt management plan, an IVA or an enforcement agent at the door, the industry is looking for that key tipping point that will make the debtor stop burying their heads in the sand and talk seriously about their debt. As debt management, IVA and enforcement companies have grown in prestige and stature, so the collections industry has increasingly welcomed them as a trusted part of the collections process; viewing them as an opportunity to get good, consistent returns and to treat customers fairly. This focus will review the role that debt management, IVAs and enforcement play within the collections industry and review the players in the marketplace. To get involved in the Debt Management, IVAs and Enforcement Focus, or to make sure you receive your copy, please contact Gary Lucas on 07785 268404 or at [email protected]. Topics for discussion will include: How debt management fits within the collections cycle. Building the relationship between creditors, collectors and debt managers. Treating customers fairly. Negotiating on the doorstep. Data protection questions. The role of IVAs. Changes in the enforcement laws. Debt relief orders. Establishing trust in the industry. Keeping debtors on their debt management plans. Best practice debt advice. Setting a fair repayment plan. To get involved in the Debt Management, IVAs and Enforcement Focus, or to make sure you receive your copy, please contact Gary Lucas on 07785 268404 or at [email protected]. Unquote...

You won't lub me for this EIE, but to stay on the right side of foot and mouth on this forum it pays not to Judge unless you know 100%. I'm not going to do that with SBT either and nor should anyone else..it may have just been the way this person expresses him/herself that didn't flow or was interpreted in such a way as to make people suspicious, I've seen it a thousand times before on here. We don't have to agree with people, that's the glory of this site, just ignore them if you don't care for what they say..they soon get fed up once they've got whatever off their chests, we had it with the dca's when they were under considerable consumer pressure from the campaign going on on here..drew in trolls gallore, but they soon vanished, bored at the sound of their own voices... You and I both don't necessarily like the way some people argue their case or question our morals/methods/reasons/aims, but who gives a damn? We know our mission so lets drive it on....still lubs me?

This raises an interesting point. I am about to renew my buildings insurance policy and my mtg is with a high St bank and I have a second charge loan with Mr Sub Prime Lender....would I be able to find out who they securitise with just by writing and asking who I should make the beneficiary? To date they just had we poor gremlins Mr & Mrs on the policy...should it have the mortgage holder AND the 2nd Charge lender? SC

Wouldn't like to expand upon that 'relationship' with Olympian would you Stupid35? I had Olympian on the phone to me once when Swift already had begun repo proceedings and they had all, and I Mean ALL my account and personal data that Swift had and Swift defended themselves by saying I hadn't ticked the box in clause 21 of the Agreement which states "From time to time, the information that Swift willl obtain about you may be used to offer products or services (including other loans, mortgages and insurance products) which Swift, or any other organisation we may give the information to, thinks may interest you. If you do not wish to receive this information please tick the box." I was livid. Also, you wouldn't happen to know anything about the securitisation of their accounts by any chance would you or who they insure their title indemnity policies through ? Thanks SC

I had a judge like that with one of my cases at the first hearing. The judge said " are you now telling me you are counterclaiming against the Claimant for what is a considerable amount of money?" I was counterclaiming on a £90k + loan and I said " I realise the moral issue in that I am expected to pay my dues, but if the Claimant hasn't documented it correctly your honour.....". The judge said " we are not here to judge the morals ...just what the law says" ...thank you your honour and off I went to fight another day.....one year later .....??

***4$%$%&£%$^*&(^%&!!!******!!!! Okay, you're forgiven It's just happened a few times lately and all they need to do is [EDIT] the words out then paranoid chicks like me won't get upset.. That said, everyone knows I'm Martha Smith :D!

I've been advised that this Insurance - the Title Indemnity fee is a part of the credit agreement which should be disclosed..anyone ever seen one? It apparently is to protect Swift in case your property happened to belong to the church in the 1600's and the friendly bishop comes up and tells you he wants their land back....just a nice little earner for Swift if you ask me...Be interesting to ask under the Freedom of Info Act how many claims have actually been made against this policy in the last 10 yrs...wonder if that's possible?

Feel like sharing EIE?, I have bee waiting to hear what went on..

Hey HB - you said you'd moved these to the Bear Garden but I can't see them, will you give us the link? Now I've had 3 botted and I'm a passive, I know you said some will get drawn in, but the core of this thread and the others, whilst I accept stretch over certain forum boundaries also contain some extremely important parts of the jigsaw and to hack them out wholesale is criminal. Why don't you do what you used to on CAG and just [EDIT] the offending words out so we people know what is offensive or not. Sometimes people forget we are not kids and whilst debate gets fraught with differences of opinions it is those differences of opinions which uncover the truth about what's going on....so come on site team be a little more adult about this. Think before just deleting whole swathes of posts. Thank you.