As everyone knows I am not to contact Swift anymore .but that does not prevent me from letting Swifties know some of the issues and points that will be brought to the fore against Swift in the High Court .....just like the Bentley v Blemain case .........only a lot heavier stuff. Here are some of my issues ...if anyone would like to add some more concerning Swift's operations jus let me know ...I'll get them heard somehow ....via the Public Concern and importance avenue I will be bringing all this and more to the Court of Appeals attention. I intend to get everything they are doing out in to the public eye……….There’s lot: 1..Why…. not only in our case but, everyone of their customers cases, do Swift fail to fully comply with SDAR’s, and deliberately hold back information customers are entitled to see. e.g. Title Indemnity Insurance Policy document when we pay for it. 2..Why do they fail to explain the sales /transfers of accounts to the Kestrel Companies. 3..Why do the Kestrel Companies not supply statements of the Account that has been transferred to the Kestrel Companies and they are collecting payments on.( which are supplied only by mistakes sometimes ) 4..Why do they charge a Counselling fee of £250 to an account and then charge interest on this fee when no counselling takes place. 5..In our case, Why does Mr XXXXX ( solicitor) say in his statement of truth the rate of interest on our particular agreement is a nominal rate of interest and yet Mr XXXXX Risk Manager and witness for Swift states under oath and in his statement of truth that it is an APR rate of interest not a nominal rate. 6..Why do Swift refer to the brokers fee, title indemnity fee and admin fee as loans “ we will lend you” ………class them as loans for the purpose of calculating a lower interest rate that it really is. Then stating in Court that they are charges for credit..... when the are no such words “ Charges for Credit” on the agreement or in the terms and conditions, i.e misleading the borrower the Courts and Judges. 7..Why they will not provide any evidence that their charge costs are actually what they do cost. 8..Why do Swift still continue to process borrowers accounts when they no longer hold them , because they have sold them. 9..Why do they use the account under the name of Swift in their Court documents when again they no longer own them …….Because they have sold them. 10..Why do Swift state in Courts that they do not pay Commission when they do, and then further attempt to conceal this fact, when confronted for an explanation. 11..Why do Swift state in Courts that they do not have agents and agencies when they know full well they do. 12..Why do Swift continue to say that they have supplied all documents and data under SDARs, when they know full well they deliberately with hold a lot of documents. 13..Why do Swift continually say that the interest rate which governs their costs and a borrowers loan, has increased when it has actually gone down. 14..Why do Swift not take responsibility for the actions of their agent/brokers when they are legally bound to do so. 15..Why did Swift instruct the Barrister representing them in our Court case on Dec 3rd 2009 to mislead the Judge by saying that all issues appertaining to the possession claim had been dealt with at the previous hearing, when they were quite aware they had not, and Mr XXXXX 's witness statement for that hearing on 3rd Dec stated quite clearly “ That trial proceeded on the part 20 Counterclaim only”. Which judgement was made and our counterclaim dismissed based on false statements by Swifts witness 16..Why have Swift never produced a statement of account to any customer who has requested one (They supply only a record of payments) which is not a statement of account. Followed up with 17..Misrepresentations by Swift and their agents 18..Section 140 CCA Unfair Relations ( Pleaded properly this time) 19.. Perjury Act. ( Swifts Witness) 20.. SecretCommissions ( Stating they do not pay commssions under oath). 21 The New Fraud Act ..concealing documents. Anyone any issues they would like to see being brought to the courts attention, they think are important and I will do my utmost to convince our Cousel to include them sparkie

You can make a CPR31.16 request but the other side does not have to anything about it at all .they can and do ignore it..........but once you have made it they cannot produce any more documents to use against you after the date of the request..........the thing about this CPR 31.16 is that you can ask the Court to make an order for specific disclosure......that is to say if you want a specific document .you can force it to be produced under this CPR Order, the problem under this CPR is that it is a very tight CPR............. you must give exact and precise instructions about what you want and why you want it it ...Courts are not too forthcoming in making such an order that is why you must be precise and to the Book ..............believe me I've used it once before...and it is a tight one. .............Cost me £85 for the application for the order to be made. sparkie

HI jansus, I suppose you are right ...at least they did that .....and thanks I am feeling a lot better ......better than I was a few days ago, that's something else to be grateful for as well as the kind thoughts and well wishes from CAG members. sparkie

This is Mathew Paynes letter Dear Mr "Sparkie" You have asked me to explain the terms of the possession order made by District Judge Newman. By way of background Courts either make 'outright' possession orders, or possession orders suspended on terms. District Judge Newman made an outright possession order with possession on or before the 31st December 2009. Courts only make orders what they are asked to make ....here he is trying to shift the possession order on to the Judge away from Swift.....they did not want to do any deal or negotiation .........they want us out With respect, you chose to defend the possession proceedings; in your e mail of the 14th November you stated that Swift's proceedings for possession 'will be defended even more fiercely than the previous one'. What did he expect us to do just go down to Brentwood and say here you are "Mr Swift" ...here's the keys to our house .....we've left some tea, sugar and milk for you to make a cup of tea when you move in I further refer to your e mail of the 16th December and your request for documentation. Mr White will provide you with an actuarial statement early next year. The request for other documentation has either been dealt with in previous correspondence or formed part of your defence at the hearing on the 3rd December. The documents I asked for have never been supplied and they weren't part of our new defence, in any event that defence was not even looked at by the Judge he just tossed it aside Your income and expenditure statement showed that your monthly outgoings exceeded your monthly income, although I would question £400 per month commuinity charge, and note that you have HP commitments of £400 per month. He's right there .....I made a boo boo by saying our Council Tax was 4 times more than it is...........but then I haven't got a degree in Economics.so I shouldn't make them should I?...only Mark White can make mistakes like that and get away with them Notwithstanding that, I note your intention to seek permission to appeal District Judge Newman's order. I am of the view that until the appeal process has been exhausted, and dependent on its outcome, it would be inappropriate to consider changes to your loan or new arrangements. Yors sincerely Mark White can't do sums...... and Mathew Payne can't spell ............"Yours" No wonder no -one can get any sense out of them all

Thank you Mr & Mrs Doc!! It is a great feeling when you realise just how many friends you have on the forum.....that on its own makes you want to get better quick............Its when you end up in Hospital over Xmas that's when you realise even more just what it takes to be a nurse or doctor...having to forfeit their Xmas to look after "stupid old gits" like me who end up taking ill at the wrong time and making them work when they should be at home with their families.............. staff on the ward I was on are working 4 by 12 hr shifts and still have time for a laugh with you. I can't praise them enough....brilliant people............ Had a reply back from Mathew Payne to my letter to him asking him to clarify his letter to me regarding the Court Possession order and the documents I asked him and Mark (" Colours run") White to supply, and my offer post that in a minute ( with some comments I have made on it) Cant write back a tell him what I think because its now with solicitors but that doesnt stop me letting folks know what I think about it. sparkie

Hi landy Thanks To you and Mr Landy for your good wishes ..I am on the mend again now ....dont like "Drip Feeds" and I lost count how often I was visited by "Draculas Daughter".( the blood nurse) when I was in there......she must have been feeding a whole graveyard of them:D:D:D You know the saying ..Blood's Thicker than Water...............they could have just connected me up to the water mains they took that much:D:D Still O.K.now Thank you again.....Have a good New Year and I include everyone in that sparkie xx

HI Dougal, Nice to be back..and thank you for continued support I'm not 100% as of yet but a lot lot better......I think things will be getting racked up in the New Year from all directions on a certain group of companies............... the sad thing about it it is ALL their own fault for believing that they could carry on forever in the same manner, totally grinding their " victims" into the dirt without being challenged. Once my case goes in front of the High Court with the Barrister I have got things about Swift will come right out into the open.............it is said he just needs the door to open "just a little" and he can blow it wide open, with just what I have given him so far which is just a little, they have refused again to supply the documents I have asked for. I won't ask what firm of solicitors.....It will be a nice surprise for them sparkie

Hi "sweeterthaneverjane". Things have been quiet,had this email just before Xmas from solicitors, now have to wait for what happens next...haven't been around much because have been in the place for "not very well persons" over Xmas don't like thos places much but am home again now ............I spoilt everyones xmas ......can't even get that right these days. sparkie M.T. has asked me to e-mail you to confirm that we have lodged the Appeal with Chester County Court today, 23rd December. Please note that we will be closed for business from 2.00 p.m. this afternoon through to Monday 4th January 2010. Regards W. R.

Now that the appeal is now in the hands of legal proceedings with slicitors and Counsel involved .........I have to refrain from contacting Swift from now on. But won't stop me posting and anything I find out will let folks know.For example I have been supplied with information and documents that show that we have another Swift Regulated agreement wherein they have added the brokers fees and admin charges to the total credit. which is agin Mark White said under oath in Court that Statute barrs a lender from doing that. By doing this on this particular agreement has misrepresented and misstated the APR by some 14% plus, another unlawful agreement to send to the OFT. This reinforces my claim that they do this on every agreement regulated or unregulated sparkie

coolchris ......I would not like to see my charges for letters then....they will amount to more than I borrowed. Hope the OFT have got a copy of these charges as I have already compared them with Gmacs and Swifts are a lot higher than theirs.............. and as you know they got find £2.2 million and ordered to pay back £7.7 million of charges back to customers plus interest:cool: spakie

Just had a little bit of good news from Solicitors ..................appeal has been lodged today with The Chester County Court. That's a bit of pressure relief. sparkie

HI Maarkey, I think you are right .from the off in 2007.Idid not come across one employee of Swift that did speak to you civily ..........except when you were paying them money ........any other subject they went into their arrogant mode. sparkie

HI coolchris, I suppose you could use the same argument...."you have to open it ......read it ........and action it":) But then it seems as if they have stopped reading my E-mails .I still have ne reponse to my requeast for documents ...nor to my offer to stay possession/eviction...............Looks like they want my house!! sparkie

I have had no response from Swift Legal to my request for documents nor to my offer to resolve matters and stay the eviction. sparkie

Lesterlass, Please write to Swft and ask them to supply the documents lised above ..................the purported statement of account they sent you is no such thing its pure woffle..............a proper statement of account shows a balance of the account at the end of each and every month ..the document they sent does not show what the fees and acharges are for and what interest rate was applied to them, .........they can only charge simple interest on default charges and until they send you a proper statement of account it must be assumed that they are charging contractual compound interest which is contrary to the CCA Act. Another point to put to the OFT, this will add weight to my claim to the OFT that no Swift customer has ever received a true and proper statement of account. Remember your agreement is a regulated one sparkie

Hi everyone All should request these from Swift and if you have had your SAR data .......tell them they have not fully complied with it and should they not supply these a complaint will be made to the ICO........that will back up my complaint already lodged about Swift and Kestrel No 1. It is because of all this nest of hornets I have disturbed I do not think we will get much sympathy from Swift ...but what I have found may help many others to avoid possession that's all I can ask really. It is my belief that they will want to punish me sparkie Ask them for these Documents 1...Actuarial Accrual Account Summaries (2 off ) a). One retrieved from Swift System & b). One retrieved from Kestrel No 1/No 3 System (s) 3...A copy of the record of the account transfer to Kestrel Loans No 1 Ltd or Kestrel Loans No No 3 Ltd ( which ever company your loan was sold to.) 4...The record of all transactions applied to this account record.

We have to get more Swift customers to come forward even those that think they are O.k for the time being .Is anyone members of facebook ...twitter etc and put out requests..are there any on the other forums that could all come together?? I will fight till we are evicted and I will fight on after eviction if that does happen!!! sparkie

Hi lesterlass, I would like to see those documents please I'll pm you my e-mail address can you send them please. This could be more to send to the OFT.............. points to more double accounting systems.......................... AND False Accounting maybe "tampering with accounts) ......but cannot be sure till I see them sparkie

Talking about journalism I believe I am to be contacted by a large media newspaper, who want to use our full story as a prime example of most sub prime lenders operations. Whether its before Swift evict us or after. I have submitted aproposal to Swift to address our situation .....but knowing Swift .........I very much doubt if it will be accepted......I think it to be a fair proposal, until our financial situation improves .which I believe will in the next 6 months.......I do not hold much hope. I am not posting details of our offer ..I hope all will understand why. sparkie

HI lesterlass, You refer to "statement of account" is that exactly what it says or are you referring to the "record of payments" Swift send out? sparkie

Removed contains names and address's of Directors.

Hi Appollo. By all means if there are things in my letter to the OFT help yourself. I am preparing some more info for the OFT and trying to put together something for the E.C.U. With regard to the N.I case ..the hearing turned out just to be a case management hearing..............But the other direction is going very nicely.... have been asked to keep quiet so cannot really tell you much ...I can say things are going on that Swift should not know about at the moment............it will come as a big shock to them.,;-) The next batch of info to the OFT is about the amount of workers that the Kestrel companies have on their books... 109...on a dual contract ....the wages they pay them...... the N.I contributions the employess are said to pay ..the tax they are said to be paying the fact that even with all this no-one seems to work for them when attempts are made to contact an employee. They do not lend money but have loan books. Kestrel No 2 is a dormant non trading company yet has 2 outstanding loan /mortgages and yet nothing passes through their books no repayments of these loans ....... and they have no employees ...nothing Question ...Who pays these loans back ..plus interest ......even if the other companies do ...it must show on their accounts as transactions ...but they do not .........more pointers to fraud and money laundering and we are talking millions. I will post NO 2 accounts obtained from credit gate who simplify the accounts that are lodged with Companies house sparkie

These figures are my sums worked out from all these comanies accounts Simple Analysis of the accounts of all the Kestrel Holdings Ltd companies. The amalgamated accounts of Kestrel Holdings Ltd are considered to be a complete amalgamation of: Swifts Advances Plc Swift 1st Ltd Kestrel Loans No 1 Kestrel Loans No 2 Dormant ….non trading cmpany Kestrel Loans No 3. The amalgamated accounts of Kestrel Holdings should therefore correspond with the total accounts of the above Four companies added together, with special regard to Assets & Liabilities Year March 2007 to March 2008 are as follows Fixed Assets Current Assets Current Liabilities Swift Advances £365.634.447 £121.455.062 £ 42.566.826 Swift 1st £106,699.154 £ 30.282.392 £ 122.854.770 Kestrel No 1 £229.022.734 £ 73.192.180 £ 29.614.085 Kestrel No 3 £ 42.704.777 £ 14.256.477 £ 54.865.770 Totals £ 744.061.112 £ 239.186.111 £249.901.279 However the Amalgamated accounts submitted by Kestrel Holdings tell a different story and show completely different figures Fixed Assets Current Assets Current Liabilities Kestrel Holdings £673.415.726 £240.707.728 £136.996.875 There are serious discrepancies in all these accounts: As follows Fixed Assets £ 70.645.836 Current Assets £ 1.521.617 Current Liabilities £112.904.404. It also appears that Kestrel No 3 are claiming as assets the mortgages they allegedly bought off Swift Advances, but these were bought from a bank loan of £ 44.895.665 and cannot be considered an asset. As we know the funding Banks obtained first charge on all loans ( ie securities these loans so Swift have “sold” them illegally and the Kestrel companies have borrowed again against the “Equity” in them. I'm no accountant but............................ I can do sums

I have been doing a lot of thinking about Swift & Kestrel Accounts.. Mr Webtser says that Swift transfer the Equity rights and benefits of all these loans ...................So Swift in fact do not keep any......that means all the profit from the loans go to Kestrel How do Swift then carry on their business if all they do is borrow money and then sell all the profits to Kestrel No 1 and No3. Bearing in mind it is Swift that has to pay the interest on the money they have borrowed Just does not makes sound business sense...........until you then consider the money they make by their extortionate charges which they reap by repossessions.. Really think about this people ...IT IS CRIMINAL. Swift live off borrowed money in a continuous circle ALL benefits and profits go to the Kestrel companies. I believe that this in the class of money laundering sparkie

You may copy 999% of it if you wish Dougal:D:D:D But I hope it isn't my real "Last Post"........ Don't like bugles had enough of them in the army!!! sparkie