I would not say "victory" but what I will be doing is causing Swift some very BIG problems.........because I can now bring into play ALL that has transpired from the time I questioned the brokers fees the interest increases in May 2007......all and the misleading statements made in the previous hearin ....I was told if I have got the evidence then they will play a major role in my case......the Barrister will see to that...........and ...I HAVE GOT THAT EVIDENCE. sparkie

Everyone should continue writing to FSA and OFT complain as much and as often as we can. sprkie

Hi everyone First Legal aid approved ...Barrister is engaged ..who specialises in possession case and Consumer Credit Law. First step Setting aside possession order, application for an appeal ( NO problem seen with that particular issue. The law firm has been in existence for over 40 years, Barristers Chambers a very old established one over 50 years, legal guy I saw today has been involved with possession cases for over 15 years, ( and previously worked for local govt in Housing etc Barrister over 20 years experience. Will take all the way to High Court initial view 60/40 my side. Barristers opinion ASAP. These people do not take private cases on ( the big money makin cases ) they do nothing else but legal aid............He said someone has to stand in the corner of the bottom section of legal assistance ...and they believe in what they are doing ...rememebr folks the legal Aid people do not pay all that much in hrly rates. Guy I saw not a young guy .....but one with lots of experience.... Relaxed a bit more now. sparkie sparkie

This what Mark White has got to explain.............the contradictory false deliberate misleading statements made here in his witness statement of TRUTH If they had included the one off fees as he says the APR would have been shown as 15.4% Summary be leading Law Firm on the Case KJM Superbikes v Hinton [2008] EWHC 1280 This case therefore serves as a timely reminder to signatories to statements of truth and those advising them to ensure that the facts stated in the document concerned are true. A failure to do so can expose the signatory to criminal proceedings for contempt of court and if convicted, the sentence can include imprisonment, a fine and/or a seizure of assets. Not only that, but the credibility of the signatory as a witness will be destroyed and the Court is unlikely to accept as true other parts of his or her evidence. Witness statements and statements of case should therefore be read thoroughly before signature and amendments made to ensure that the document is factually correct.

Don't you worry Marky it may "appear" that its just me .....IT isn't .......I have everyones cause in mind...... We are here to help each other and that is already in the file as a questoion ...I am covering all bases..... mine and everyone elses, where possible! I have the LiboR rate from 2006 to date mate....have no fear, I have the records of ...the monthly rate...... the 3 monthly rate and .....the yearly rate They have got to made to explain that as they borrowed at a fixed capped ratee what authority or reason could they increase rates ...I now have records that they increased their interest every single month of the year on 12 different agreements that were taken out in the different months.of te year....without a doubt UNFAIR to everyone concerned sparkie

All authorities etc have now gone off to Consumer Credit Legal Services all in readiness should I decide to go with them after seeing the Law firm tomorrow.....Consumer Credit were the ones that handled the Blehmain case.......spoilt for choice sparkie

Yes I see not bothered anymore ....what will be will be..........and what will be is going to be HEAVY for one particular person ...I have never been so more up beat........my case WILL go before the High Court....I will not do a deal like Mr Bentley (Bless his Heart) .did with Blenaim sparkie

Thank You EVERYONE. But I can tell you I am feeling so tired and drained it has been a long hard fight but I think it is nearly over, I am spoilt for choice now one of the law firms has already handled two cases of just misleading statements made in statements of truth and won them both.......not half of what Mark White said;). They used a criminal barristers chambers who does civil as well. To put it in a nutshell he used this analogy.............. you cannot say something is a cream colour under oath when you kow it is actually white.8-) I only sent them the paragrapghs of his witness statement about the interest rate one saying its a nominal rate .............the next an APR and what he said under oath it was an Apr ..and is was correct when it wasn't........ .he said even that's enough in a serious case such as posession of a home. sparkie P.S. Forggot to add I was told if it had been an ordinary person the odds would have dropped a little only "a little" but because Mark White is a professional person who deals specifically with interest rates and calculations it bodes not too good for him. I am so pleased about that.

HI fretfull. If I can be of any use I'll get back in touch later fretfull and try and see what we can see with your interest rates.......mean while things are beginning to look up for me a little I have been a bit quiet ......................but have been making further enquiries with other law firms wh do legal aid and on the very brief scenario put to them I now have another 3 law firms staining a little at the leash to take my appeal on. First appointment with one tomorrow at 9.00 am. ................Client Cartell have told me they will stay the possession order free of charge.......... and then proceed from there should I not be confident in the firm I see tomorrow. Things are looking up most of them are interested in the statements made by Mark White:cool: Just sent them one or he made ...one solicitor chuckled and said that's a VERY VERY interesting aspect come and see me. I will always be available for you in this instance I'm feeling much better now. sparkie

Check out the LIBOR rate history ...WE signed our agreement in April 2007 From April 2007 to August/Sept Swift put our interest rate up by 0.85% When it is clear that in this whole period .It only went up by 0.1355% http://www.wsjprimerate.us/libor/libor_rates_history.htm Abuse of position doing what they like!...! "Not cricket even with a baseball bat" sparkie

quote=andrew1;2633011]Sorry to pick you up on your Spelling sir " especially when we have Absolute confirmation from Mark Whitebunder " you left the 'l' out in the last word.... :DI didn't leave an l out................ I inserted a b before the ..."under oath":-D:-D:-D And as the banks say .........It was just a "typographical error" as we all have had it explained to us as such:-D:-D sparkie

Here is a statement from Swift that I think will be useful for all Swift Customers. " Althiough we usually aim to move our rates to follow the movement in bank base rate this is no always possible . Isn't it strange that it is ALLWAYS possible to increase it but it is allways IMPOSSIBLE to reduce it............... especially when we have Absolute confirmation from Mark White under oath that the cost of their funds are solely governed by the LIBOR rate of interest.....and as we all know it has dropped since 2007 to lower than it ever was when most signe their agreements and now stands at 0.6075% Quote from Money Mail source The important three-month sterling Libor rate remained at 0.6075%, announced on Tuesday, 8 December. It fell to a record low of 0.54% on 28 September, bobbed around that mark for a while and has since begun to edge higher. Another pointer to an Unfair Relationship sparkie

This is what Mark White stated in his witness statement of truth.....This is for sparkles benefit Para 17 " I now wish to explain how the interest rate is calculated on credit agreements.The interest figure shown on the agreement (OURS) is the nominal rate of interest on the loan" (He even says ( implies) here he is explaining how ALL credit agreement interest rates are calculated even ones he has no clue about). Para 18 " However the Claimant has provided an APR rate to assost the borrowers to undersatand the interest on this loan" Para 19 "I have considres the APR and find it is correct" There is only 1 rate of interest shown on our agreement 9.84% variable. It does not say what it is. Both Mr White say in their statements of truth that it is a nominal rate which is completely different than an APR .........it is allways lower than an APR. Then Mr Wite contradicts both Mathew Payne and himself and again under oath by saying .................on our particuar ageement.............. that this rate is shown as an APR and is an APR and he has considered it to be correct. BACHELOR OF ECONOMICS and he can't calculate APR's. There you are sparkle72 explain that...... Also ask Mr White where the 0.82% monthly rate is shown on our agreement that he says is there. ......Maybe he will tell you because he won't tell me If anyone has a case for Unfair Relationship I must be getting near the top of the list. sparkie

Thanks midge Thats just one of the points I have against them .and I do have a mountain of them.................if they had done their checks and sums they would /should never have lent us the money ...........if I could have carried on working there would have been no such problem but I realise that one cannot work for ever no matter how fit you think you are ...No matter what happens my case WILL get to the High Court. sparkie

sparkle must be reading as a guest!! Yes just checked viewing as a guest!!!! I did say "Guest":)

HI JOES MY LAND LORD I have only just noticed your other thread..................if there is anything on my thread that you think can help you..... use USE it. Haven't had the Court Order yet from the Courts sparkie

The least we will be claiming back is Our fees and charges on the loan £ 3955.00 Interest @ the correct APR 15.4% £ 892.49 Total £ 4,847.49 Plus all penalty Charges applied..Cant work those out yet because they have never supplied the details of them. By the time all these are worked out I estimate that we will owe Swift about £20.000. Not what they will be trying to claim we owe. I think our case will be of more substance than the Bentley v Blemain settlement ..I want our case to go in front of the High Court PS Letters and docs gone off to the FSA and the OFT gauranteed delivery tomorrow and marked for extremely urgent attention sparkie

Iknow I have posted this in bits and pieces before ..but this is the lot together........... to be argued by a Barrister, the best one I can get 1...When I mentioned commission and said Promise Finance were agents of Swift, and challenged him when he was on the Witness stand Mark White said that they were not their agents they were our agents as Swift do not operate agencies Not true………….Swift do have agencies and I have the proof of that fact. I also have evidence that no other lender was contacted, Promise went straight to Swift. 2...When I challenged him and said we had been misled by the fact that the total loan shown on our agreement was not shown as the correct figure of £46.955 we had been misled into borrowing, it only showed £43.000 and that £ 3955 had been added outside the agreement. 3...Mark White said that Regulation barr a creditor from adding these to the loan. A)…There are no Consumer Regulations that apply to unregulated agreements. ( Only the UTCCCA’s and section 140 of the CCA. Even the Recorder stated so ………which was a contradiction to both Mark Whites statement under oath and statements he himself made in the Judgement summary. b)…I now have 3 Swift agreements that have added these charges to which Mark White said could not be done because regulations state they can’t be added. He therefore deliberately misled the Recorder as well as us. 4...Mr White stated that Swift do not pay commission I have absolute proof they do. 5...Mr White stated in his witness statement of truth that the interest rate shown on our “PARTICULAR” agreement was shown as an APR % rate to show us ( the borrowers what rate were in fact paying a)…If this was true then the APR would have been 15.4% it was deliberately misstated to make the rate look more attractive to us. 6...Mr White said that he had considered and checked the APR and found it to be correct. It was not correct and he knew it wasn’t, remember he holds a Bsc in Economics. 7...When questioned about the increases in interest rate he kept saying that there were a number of factors involved in the cost of their funds, but never specifically explained them. a)…Completely and deliberately attempted to mislead the Court, and finally admitting that the cost of their funds are governed solely by the LIBOR rate of interest. b)…Even this is incorrect because Swift borrowed our funds at a fixed capped rate, once borrowed their costs are fixed. c)…It is only any new borrowings by Swift that could possibly increase but not the funds from which our loan was drawn from All this either under oath or in statements of truth sparkie

Am being sent another Swift unregulated agreement exactly the same as ours with the fees and charges added to the loan an loan anmoubt shown as the total at the top of the agreement Mr White said this can't be done it is not allowed..........I think I have good cause to support an appeal just based on this one known deliberate false statement alone. I have heard this solicitor I'm going to see is pretty a smart guy.......we shall see thursday.once appeal has been granted .the fight and fun will really begin...........I believe our case is even stronger than the Bentley case sparkie

Once again I have Mark White making another deliberate known false statement under oath in my First Court Case. When I challenged him that we had been misled by Swift in that they had added all the fees and charges to the loan instead of taking them away, and instead of the loan facility stating the total as .........£46.955 it stated ..........£43.000 the amount we asked to borrow.. He said statute barrs a lender from adding these to the the loan as there is no one box to show that as such Well I've got another shock for Mr White when I see this solicitor on Thursday ....I've got a Swift agreement where the loan was for £35000 The fees and charges were £2480.....the Loan facility says £37480 Exactly as I argued ours should have done.........Mr White told the Judge they were not allowed to do that That's why it was not shown as such on our agreement. Everyone who has had these charges added get on to Swift now and tell them THEY HAVE DROPPED A BIG CLANGER ...you all want these charges back plus interest This is a big unfair relationship issue........they appear to think they can please themselves what to do and when they do it Our fees plus interest will wipe our arrears off plus give us extra. sparkie

Hi JH The most your parents can expect from Swift is the lowering of payments and extending the term of the loan .have no fear no matter how good it looks and to your parents advantage................ Swift will not allow themselves to lose any money. When they are not entitled to it in the first place and I will end up finally proving it.......Even if I haven't got a house.........I'll prove it from a tent if necessary. sparkie

Thanks for that .....don't think I'll bother with them ...JUst checking all options We'll go for the legal Aid aspect .I think we qualify for that no problem ...........both of us are on pension credit. sparkie

Thanks Marky & Gallahad and everyone ......you are absoltely right . there is nothing more powerful than people power. Thanks againfor ALL YOUR support Maybe down ........but not quite out for the Count YET ..must be getting close though:) sparkie............

Have made contact also with Client Cartel ....the firm that took the Bentley v Blenhaim case on!! Have also written to the FSA and the OFT with my previous complaint referenece number The OFT Person is Mr Paul Hosier Secured Lending Team SEnt everything to him.............a Big file/dossier sparkie

Hullo JH IMO yes you can.........But in view of my two failed encounters with Swift .....get others opinion on this as well:cool: sparkie