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Sparkie1723

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  1. This has gone by e-mail to Swift Advances plc....I have removed some personal details from the copy of the e-mail about agent brokers.....otherwise it is as I have sent it..........folks may find it useful. sparkie Civil Procedure Rule CPR 31.16 This request for information is made under Civil Procedure Rule CPR 31.16 in relation to the preparation of a Claim being drafted under Section 140 of the Consumer Credit Act 1974 amended 2006, by Mr and Mrs, hereafter referred to as “The Requestees” 1… The Directors and or the Chief Executive Officer ( CEO) of both Swift Advances plc and Kestrel Loans No 1 Ltd are requested provide the legal records and documents appertaining to the transaction referred to on page 2 of the History Notes supplied in the data supplied in response to our Subject Data Access request, which refers to the transfer of their account to Kestrel 1 timed at 8.56 on 18th April 2007 2… The Directors and or the Chief Executive Officer ( CEO) of both above stated companies are also requested to confirm that the Kestrel No 1 mentioned in this document is in fact Kestrel Loans No 1 Ltd company number 05143638 and not Kestrel No 1 Ltd company number 04345744. 3…Will the Directors and or the CEO of Swift Advances plc and Kestrel Loans No 1 Ltd reconfirm that the statements made in; a) The companies audited accounts regarding the sale of all loans and the acquisition / buying of these loans are both accurate and true. b) The statement made in an e-mail to Mr W.B Grace relating to the sale / transfer / assignment of their account is both accurate and true. 4…Will the Directors and or the CEO of Swift Advances plc ensure that the following information is supplied in the response to this CPR Part 31.16 request that was with held from the Subject Data Access Requests made to Swift Advances plc and Kestrel Loans No 1 Ltd who it was confirmed do not process personal data; a) A copy of the statement of their account and all other data information, including History of Account that is being processed on the computer system programs called the “Emperor” system or “King” system, or any other computer program that may be being used by the two afore mentioned companies, Swift Advances plc and Kestrel Loans No 1 Ltd. b) A full explanatory key code as to the meaning of any abbreviations used on these documents including what each of the analysis codes that appear on these History Notes c) Ensure that entries are not removed or deleted from these documents as has been on previous data records. d) A copy of the Title Indemnity Insurance Policy which is referred to on their credit agreement and for which they have paid for. e) Confirm that the payment for this insurance was a stipulation that unless this was paid for by the borrowers the loan would not have been granted f) A copy of all information extracted from a CD that was passed on to Olympian Finance Ltd, as the information that was downloaded onto that CD must still be on a computer system being run by either and / or both of the afore mentioned companies. g) An explanation from Mr Mark White the Risk Manager of Swift Advances plc as to why he stated under oath in two Court proceedings that Swift Advances plc do not have any agents, nor do they pay commission as such to any and all brokers/agents used by Swift Advances plc, and provide the documents from which he made his statement from which he formed his professional opinion that convinced him to make such statement. h) Will the Directors or CEO of Swift Advances plc and Mr White confirm or refute this statement made by Mr Peter Lewis the managing director of one of Swift Advances plc designated, named and appointed agent/broker representatives; To: [email protected] Date: Mon, 9 Nov 2009 11:37:20 +0000 Subject: Re: Hi Peter From: [email protected]??????????? Hi ??????? Just to confirm when i was managing director of the funding network loans ltd we had a full agency agreement with Swift Advances PLC and placed both first and second charge business with them. regards Peter Lewis i) Will the Directors and or the CEO of Swift Advances plc explain the statement in their yearly audited accounts of 2007 to 2008 that commission and brokers fees of £19.2 million was paid to brokers, and provide a full explanation and full breakdown of what proportion of this £19.2 million was brokers fees and what proportion was commission. j) Explain why the brokers fees in these accounts are claimed as a tax deductible expense, when it is fact that the Requestees of this CPR request who paid the brokers fees appertaining to their loan, as do all other borrowers , and who are charged interest on them for the period of their loan. k) Explain that if it is true that Swift Advances plc pay these brokers fees why are the borrowers forced to pay them. l) Will the Directors and or the CEO of Swift Advances plc provide the written instruction given by the Requestees to Swift Advances plc that is stated to have been given in the letter received along with their cheques for their loan. m) Will evidence of the request for two separate cheques to be made payable to each loan separate applicant, when their application was a joint application, be provided as this means that each borrower is only responsible for 50% of the loan amount separately and severally and not jointly, as is stated in the terms and conditions of the credit agreement and therefore each are responsible only for 50% of the repayments. n) Will an explanation be given as to why the monthly payment to the true legal company owners of the parties loan is constantly and consistently being refused to be accepted as payment by that company o) Will Mr Webster the CEO of Swift Advances plc explain exactly what he meant in the statement below; “The transactions referred to in our accounts refer to loans that were sold by equitable assignment which is a valid and enforceable sale that transfers all the benefits,interest and liabilities of the loans”. Taking the following into consideration; Equitable Assignment: an equitable assignment is created when one or more of the provisions of section 136 of the Law of Property Act 1925 is not met, provided the intention to assign is present between the parties. In contrast to a legal assignment, the new lender, as the equitable assignee, must join the existing lender, as assignor, in any action on the debt. The mostsignificant difference between a legal and equitable assignment arises if theborrower is not notified of the assignment. If the borrower is not notified ofthe assignment, the new lender will be subject to all equities (for example,mutual rights of set-off) which arise between the existing lender and theborrower, even after the loan has been assigned. Novation: Novation is the only way in which a lender can effectively 'transfer' all its rights and obligations under the Loan Agreement. The process of transfer effectively cancels the existing lender's obligations and rights under the loan, while the new lender assumes identical new rights and obligations in their place. Therefore the contractual relationship between the transferring lender and the parties to the loan agreement cease and the new lender enters into a direct relationship with the borrower, the agent and the other lenders. o) It would appear that the actual transaction surrounding the transfer of the account referred to in this CPR request is actually neither of these and yet it is or appears to be a combination of both. A full and proper explanation is required as to which of the above is the transaction that actually took place as the explanation by Mr John Webster CEO of Swift Advances plc is confusing to say the least. p) Will Mr Mathew Payne Solicitor in the employ of Swift Group Legal Services explain why he stated in his witness statement of truth on the Court Possession application form stated himself to be an assistant solicitor, when he is held out to be a qualified solicitor. p) Will he also explain that because he is in the employ of Swift Group Legal Service and for whom he can only act for and call them their clients, submitted the aforementioned Claim form on behalf of Swift Advances plc who cannot be the clients of Swift Group Legal Services under the Solicitors code of conduct for in house solicitors. q) Will an explanation be given as to why Swift Advances plc believe that the use of unlicensed trading styles is irrelevant and used in correspondence in Consumer related business despite it being a criminal offence under Section 39(2) of the Consumer Credit Act 1974 which has been confirmed as a criminal offence by the Office of Fair Trading r) Will an explanation be given as to why Swift Advances plc used another unlicensed trading style to mislead borrowers, including the Requestees of this Part 31.16 request into believing they were dealing with a bona fide company, and explain why this trading style used the company registration of Swift Advances plc at the bottom of their headed note paper, which does not suggest that they are a trading style but a legitimate registered company. The name is of this company is “Eastern Counselling Department” the name of which has not been used for over 10 years. The Requestees of this CPR 31.16 request reserve the right to submit a further CPR 31.16 request should the need arise. The Respondent(s) are reminded that the response to this CPR request must be accompanied by a statement of truth, and reminded again of the Law of Estoppel and its intended use of.
  2. Yes I did thanks....not sure is you spelt "promice" right ....our broker was Promise Finance Ltd, who went bust in april 2008...so I have to challenge Swift Advances plc on the secret commission issue ...which I will be doing very soon under the Unfair Relationship ...section 140 of the New Consumer Credit Act............I would post a copy of my draft claim to date .....but I do not think members will have the patience to read it ........it is over 95 paragraphs long....and is pretty severe for Swift Advances plc....even if I lose on 50% of my claim...... I'm on a winner. The section that is a killer for all creditors is section 140B (9)....I have it on a good authority from a barrister who has represented some of the big Banks ...who has said the Banks are not happy with this at all, in fact a little bit frightened of it. You can bring all other statutes and regulations into a claim under this section not just the Consumer legislation. I can send anyone a copy of it by e-mail if they would like to spend quite a time reading it ....there is something for everyone to use in it. I am in the process of sending them a part 31.16. CPR to further support it sparkie
  3. Might take a while got some other stuff going on at the moment.
  4. KPMG fined record $10m over Gemstar.....2004 Guess who audits ALL of the Kestrel Holdings Ltd group of companies?????, when we contacted one of the big bosses of KPMG last year and told him of the "discrepancies" we found in their accounts ...unsigned accounts lodged with companies house etc etc he said " They will only get their knuckles rapped"....we'll see soon. sparkie
  5. Hi sweetjane Yes Thanks Had a good holiday ...but it was sort of a busmans holiday did quite a bit of work.......found out some more good stuff ...which I ncan't post now but I will do......I made a complaint to the Police fraud squad ...got a crime number .......sent them some stuff that they think is "very interesting" they will be back in touch ASAP. ICO wants answers off Kestrel Loans No 1 Ltd....they will not fob this caseworker off ....he knows something is amiss. sparkie
  6. Back from N. Ireland now........... had some good long chats with certain authorities over there, we sorted out some very important things, I was treated like an “Emperor” and “King”….mean anything to anyone?? Folks can take my word…… or………. “Take It Easy’s” but things will happen/start from over there very they are taking every thing we have presented them with seriously ….they see where we are coming from. “Strickley” speaking though I will have to “ Double” check with my “Colleagues” over there before I give you more updates. Finally can anyone tell me if they can prove that their loan agreement was set up by a broker,…………. who they have later found that the broker did not have a CCA licence, issued by the OFT?................... Just go to the OFT public register and search for the name of their broker and get back to me, if their broker did not have a licence …..and there is a lot that didn’t.................will be very helpful Thanks sparkie PS We now know that the sort code 40-21-66 we thought was a sort code is not a sort code ....it is what is called a passport number..........we thought it was something to do with the HSBC Bank as their sort codes begin with 40. Enquiries made,.. tell us that once money is paid into that passport account, it can go anywhere...........i.e. very very hard to trace where it goes to .....Bank we asked to trace it said they couldnt tell us?????
  7. Haven’t posted for a while, I’m over in N. Ireland on “holiday” but I have a question for everyone. Can everyone check their direct debit mandates and see if this sort code is on the direct debit ………40-21-66. If you recognise that sort code, has anyone got an account number to go with it, it will be a big help if you can let me know …just post “yea or nay”… Had a couple of nice chats with the authorities over here, they wanted to know what I know. Thanks sparkie Nice to see that TIE is back on the thread, have you all noticed that it is only me that he responds to ....he must like me really ....I just would like to remind TIE that it took 3 years to bring Gmac to heel and that was purely about fees and charges...cost them £10 million or so. I would like to ask TIE some questions that may make me change my mind a little. As he has 10 years experience in the Finance industry, would he like to give his professional opinion of the 3 Kestrel Loan Companies operated by "Swift Directors". 1...Why and how do they claim to lend money to the public/consumer....when they do not lend a penny. 2...Why and how can they have loans on their books when they do not lend a penny? 3...How can have these loans ( which they have bought) on their books when they have no OFT licence ...no FSA licence and no ICO licence ....can TIE explain how this can be done .....remember they bought FSA regulated mortgages and CCA regulated and CC unregulated loan agreements. Bearing in mind none of them securitise loans. 4...TIE knows full well that all the Kestrel Companies are there for is to borrow money for Swift Advances plc and Swift 1st Ltd because Swift cannot borrow it on their own if they did they would be bankrupt, their liabilities would be greater than their assets ....by getting the Kestrel companies to borrow the money and " buy loans" they turn liabilities into assets....clever.....but not clever enough......the authorities DO KNOW what is happening ....especially over here ....why do you think I have come to N.Ireland TIE?................or are you one of the misguided who believe the Irish are "thick"? I can tell you they are far from it. 5..Why do they get their risk manager to swear on oath in courts of law that Swift Advances plc do not pay commission? ..they pay millions and millions of pounds every year?
  8. That is what I intend to do ...but this particular issue will be through the majestrates court not the civil. sparkie
  9. I want to thank all the people that are sending me their copies of letters from Eastern Counselling Department along with the documentation they received with these letters....they are brilliant...... thank you again I have a special plan with regard to these....of course I may get a special comment about "my plan" from Take it easy ...we will have to see;) sparkie
  10. If It is a Mr Stephen Kenneth Trimmer who is now Compliance Officer at Swift ...it looks as if they recruited him from Enterprise Broker Services Ltd who are now in liquidation. That's a good omen isnt it ..I must say!! sparkie
  11. You are on the right track Sweetjane keep checking and keep thinking!! One of the compliance teams name is Mr Alan Loblack ...he has confirmed he is not a Comliance Officer sparkie
  12. You are on the right tract Sweet Jane keep checking and thinking;) sparkie
  13. Thanks everyone ....but again it appears that they are putting out more misleading info .......I have just had it confirmed by another of our members that the name is a Mr Stephen Trimmer , who we believe his full name is Mr Stephen Kenneth Trimmer......this in itself has given Swift Advances plc and Swift 1st Ltd a bit of a problem ....wil post the reason why when it becomes absolutely clear and accurate:D:D sparkie
  14. I have been trying to find out the name of Swift Advances plc new Compliance Officer, it used to be Mr Nettleingham but he left as we all know in February this year....... then it appeared that Mr Strickey took over this post ...but we know he left very quickley( not a pun that) since then I have been trying to find out who the new Compliance Officer is....they have to have one because they mediate for Swift 1st Ltd for insurance purposes. I have e-mailed the Compliance team namely Mr Loblack in person ....but he couldn't/ wouldn't tell me ...because no -one likes me any more at Arcadia House.... So can someone find out for me please and post the name if they find out. It would be helpful because I want to write to that person personally Thanks sparkie
  15. Draw yourself a little skeleton argument up on th point that the court ruling does not apply to Swifts charges as they are not a bank as I said, but also under the unfair relationship, have a good read of that section 140 of the new CCA act and the Guidance given by the OFT...put them to strict proof that their charges are fair and ask for a complete breakdown on how they arrive at them also the annual accurial statement of your account. sparkie
  16. That is interesting I just might send them a little note about Swift Advances plc and the deals they have with Barclays!! You never know what comes of something like that?? sparkie
  17. Hi michelle You have read it right you use this before proceedings start you use CPR 6 if proceedings have started to request further info sparkie
  18. I wanna tell you a story This is a story about Swifts and Kestrels, the Swifts & Kestrels decided to go into business together, because the Kestrels were the big guys they said to the Swifts, because you are quick and can twist and turn real good, you know all the dodges, we will let you do all the business deals and we’ll protect you from other predators such as game keepers and bird catchers, because we are a protected species …no one can touch us. So they set up “the business” this business was borrowing money from banks at a cheap rate of interest and then lending this money which wasn’t theirs in the first place out to people who were in a bit of financial trouble, at a high rate of interest but before they lent this money they had to make sure of two things only. First, that the people they lent the money had to signed their lifes work, and right to live away, in that the home they had bought over years of hard work and struggle had to be given to the Swifts as the security, the Swifts hadn’t got their own because their homes were built of mud, and no bank would have lent them the money, so they had to have someone elses bricks and mortar, to give the Bank they were borrowing the money from. Second, The most important thing they had to make sure of was, that the people they lent the money to would soon find out they could not pay them back. This was a must. What happened then was that behind everyones back ( the game keepers and bird catchers) the Kestrels borrowed the same amount of money and gave it to the Swifts so they had the extra money to spend to force the people who could no longer afford to pay the money they had borrowed back out of their homes These people all lost their homes which the Swifts sold for a quick profit and passed it all on to the Kestrels who were dead happy about all this. Then one days some of the Swifts customers latched onto this deal that the Swifts & Kestrels had hatched up, and told the gamekeepers and bird catchers what was going on, the game keepers are starting to do their job and “culling" these pests that they have become, and were getting out of control, the story goes that soon the Kestrels are going to get mad at the Swifts for causing them so much trouble. The Kestrels are realising that they are not as protected as they thought they were and the game keepers are coming to catch them all……….so the Kestrels will turn on the Swifts and kill them all off ….have you noticed that there are not as many Swifts around these days?? There may be none left soon. I used to like all birds but these are two I’m not keen on any more, so people who are thinking of befriending one of these “birds” …Think again. sparkie I wanna tell you a story (cont). While all this trouble and strife was going on between the Swifts and the Kestrels the Kestrels who had been helped in the past by some people called “ Rent a Hand” told the Big Old Eagle who had just been sailing around the skies looking for bigger game as well. This Big Old Eagle had been conjured up by a band of renegade “Alchemists” who had special powers of elusion and could make money disappear without trace, they have told the Big Old Eagle to sort the Swifts and Kestrels out otherwise all this money that they have made disappear might have to be given back and that would hurt their greedy pockets a lot. So now there is meetings going on behind the scenes, because the Alchemists can’t let themselves to be shown how greedy they are, they have been making money disappear for too long, and want to keep on doing this clever trick, that will even baffles Derren Brown and the magic circle, he doesn’t know how to do this. But the magic circle are slowly finding out what they are doing, it has taken them a long time, but they will let us all know soon all about it. sparkie
  19. Hi JJ Is the agreement still active ...if it isnt when did it end? sparkie
  20. Asd you know I made a complaint to the ICO about Swift Advances plc & Kestrel Loans No 1 Ltd over 9 months ago...... now have a case worker on the complaint and had a real good first response....he has jpoined the two complaints together, and has really got his head round it..........I have now sent him a further batch of docs as evidence to support the complaint....... stuff I collected since I made my complaints ....he sees 5 or six possible breaches and two possible offences....he already is completey aware that the Kestrel Companies do not have a licence to process data....... he checked the ICO register, the most up to date one held by the ICO ......and is he questioning the fact that as they buy our loan agreements "it is not unreasonable" as he put it, to say that they will more than likely be processing our personal and financial data without a licence........ Criminal Offence?????:D sparkie ps Forgot to add " He will be writing to these companies in regard to this" as he put it
  21. HI Doc Thanks for the good wishes its no problem really....re the Eastern Counselling letter doesn't matter how old it is ....just as important. The fires of hell are burning fiercer for "Them" sparkie
  22. Hi fretfull In my opinion you are entitled to have sight of that document.....but they will argue legal privilege ...which you could counter with you paid for it then you are entitled to it ...Quote the New Fraud Act 2006 concealment of documents. I did ask Swift Advances plc for this but they do not talk to me very often....they just ignore my questions.......and I just do not know why....they are only simple ones!:) Just my opinion regards sparkie
  23. Hi Zeblet, The documents you have previously supplied me have been and are of exellent use thanks, try not to worry too much, I believe that folks will notice that things will get even quieter with the people we are in dispute with over the next couple of weeks;) Have heart and hope peeps...not despair!! sparkie
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