Swift Advances. Secured Loan Charges reclaim

[pkelly]

naaa bakers doesn sell food

[andrew1]

Six posts unapproved pending approval by admin. Just being careful to protect CAG, so no conspiracy theories please.

 

Conspiracy? Swift? perish the thought, we all know they are a respectable and responsible lender at the top of their profession in a difficult credit environment and suffering from the backlash of all those rogue borrowers and debtors who read consumer forums thinking they can get out of their responsibilities by using irrelevant laws to try and scuttle their financial liabilities and put respectable businesses in severe financial hardship.

 

It is quite understandable that the CAG site admin team monitor and keep these rogue debtors under control to avoid any legal liabilities we may exposure the site to and you will continue to have our support 100% in doing so. Well done Caro.

 

A1

[Dougal16T]

Hi Swifteater

 

Good to see you back on the forum:)

 

When did you say you paid them? What type of figures did you end up having to pay back?

 

I've just requested a resettlement figure from them, it's worrying me to know what I'll be asked to pay back.

 

 

Take care

 

Doc

 

Morning Doc and all,

 

I expect that the redemption figure will be much more than you think. Mine cetaiinly was!

 

Two letters which I have sent to Swift are set out below: edited out are my details.

 

Letter 1:

 

Swift Advances plc

The Swift Group

Arcadia House

Warley Hill Business Park

The Drive

Brentwood

Essex

CM13 3BE

FOR THE ATTENTION OF TONY STRICKLEY

 

First Class Recorded Delivery 29/10/2009

 

Dear Mr Strickley,

 

Refund of Charges Request – SECOND APPLICATION

LETTER BEFORE ACTION

 

ACCOUNT NUMBER (S): RXXXXXXXX Second Mortgage with Swift Advances plc - Secured on XX XXXXXXX Road, Hailsham, Sussex, BNX XXX

 

Further to recent correspondence, I am unable to accept your persistent delays in dealing with this matter.

 

I enclose a revised schedule of fees and charges which will be reclaimed from you. Please note you may be required to personally attend any hearing in this matter.

 

You now have 14 days from the date of this letter to reply, in the absence of a response I shall file a claim immediately thereafter, without further notice.

 

A copy of this letter has also been sent to Swift Group Legal Services by recorded delivery today.

 

Yours sincerely,

 

xxxxxx xxxxxxxxxx

 

Letter 2

 

Swift Advances plc

The Swift Group

Arcadia House

Warley Hill Business Park

The Drive

Brentwood

Essex

CM13 3BE

 

FOR THE ATTENTION OF TONY STRICKLEY

 

First Class Recorded Delivery 29/10/2009

 

Dear Mr Strickley,

 

 

LETTER BEFORE ACTION

 

ACCOUNT NUMBER (S): RXXXXXXX Second Mortgage with Swift Advances plc - Secured on XX XXXXXXX Road, Hailsham, Sussex, BNXX XXX

 

Further to recent correspondence, and in the light of the decision by the FSA in relation to GMAC‑RFC Limited [GMAC-RFC], (copy FSA press release enclosed, and also the Cardiff High Court decision in Bentley –v – Blemain, I am writing to put you formally on notice that I intend to issue proceedings under Section 140 of the Consumer Credit Act 2006

 

I believe that I was placed in a position where your company had an unfair advantage. This has already been set out in correspondence with you, but I re-iterate the following

 

I applied for a loan via Central Capital for £15,000, I now know they were acting as your agents, and that you paid to them a commission.

 

Documents arrived from your company (Swift Advances plc) appearing to show that you had deducted Central Capital fees, and other sums from the advance. The loan was to last for 180 months

 

Excessive fees were then added by your company (Swift Advances plc) to the loan during the term it was in existence resulting in a repayment (after less than 3 years) in excess of £30,000 for a loan which was originally applied for as a sum of £15,000

 

No notification was ever received either verbally or in writing from any person informing me that the loan would actually be for £16,500. I relied on your broker and ultimately your company to provide truthful and accurate information at all times

 

No explanation has ever been given by any person, either verbally or in writing, in relation to the various excessive charges which were added to the loan, in particular a fee of £250 for a consultation with a company owned by the Swift Group, Eastern Counselling Agency. No such contact was ever made by that company with myself and no counseling was ever received or provided in any form

 

In accordance with the CPR, and Annex A of the Pre-action Protocols you now have 14 days from the date of this letter to reply, in the absence of a response I shall file a claim as indicated above immediately thereafter, without further notice.

 

A copy of this letter has also been sent to both John Webster and the Swift Group Legal Services by recorded delivery today.

 

Yours sincerely,XXXXXX XXXXXXXXXX

 

cc John Webster CEO Swift Group (Enc copy of FSA release

Stephen McConnell Swift Legal Services (Enc copy of FSA press release

 

The replies (if they arrive) might be interesting........

 

Best wishes to Doc and everyone

 

Dougal

[42man]

They will probably say that the term for the 'secret' commission...WASN'T secret....and they are allowed for it to be an 'implied' term..however, it is secret as nobody knows what the amount is (unless of course you take it to court to get a judge to order disclosure, and bear in mind the CPR31.16 is only to ESTABLISH if you have a case, it's not litigation in itself)!! and they have a fidiciary duty to tell you what the figure is...

[Sparkie1723]

As Mark White deliberately stated under oath on the witness stand that Swift do not pay commission as such ONLY a document fee of £100........in three cases....so far.............This would be construed as a deliberate attempt to conceal the fact that commision IS paid and we have the documentary evidence that in one case it was over NINE THOUSAND POUNDS ( including the extra secret bung of £1000 per £10,000 borrowed).

 

Not only is this a cover up but a deliberate attempt to conceal facts and documents under the New Fraud Act.

 

The evidence of all this is being presented to the High Court in the two cases that is to take place..........this is only the tip of the evidence against them....they will wish they had never come across these two Irish lads ....just you wait and see.

 

sparkie

Edited November 10, 2009 by Sparkie1723

[Sparkie1723]

Did you know Swift are debt collectors for other companies as well??

Can anyone check if they have a debt collectors License???

 

sparkie

 

 

 

Eastern Collection Agency

 

Tel: 08450 729005

 

Arcadia House Warley Hill Business Park, The Drive, Great Warley, Brentwood, CM13 3BE

 

Categories: Debt Collection Agencies in Brentwood

[42man]

Application / Licence Details

 

 

 

Licence Number:0391618

Licence Status:Current

 

Current Applicant / Licensee:

 

Business NameCompany Registration NumberSwift Advances plc1800474

 

Categories:

 

Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting

 

Right To Canvass Off Trade Premises:Yes

 

 

Trading Name(s) (Historic):

 

Eastern Collecting Agency Eastern Counselling Agency Eastern Collection Agency

 

Issued Date: 09-Apr-1995

Expiry Date: 14-Apr-2010

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

 

NamePositionAmanda Brooks John Webster Sunny Lo Terrence Gateley

 

Historic Individuals that run the organisation:

 

NamePositionBernard Robert BarwickOFFICERMr Dennis Edward MyersOFFICERMr Sunny Ho Sun LoOFFICERMrs Patricia Anne MyersOFFICERNigel Ingram Simon WoolcottOFFICER

 

Nature of Business:

 

Other Mortgages

 

Current Address(es):

 

Address TypeAddressCorrespondenceArcadia House, Warley Hill Business Park, The Drive, Brentwood, Essex, CM13 3BEPrincipal Place Of BusinessArcadia House, Warley Hill Business Park, The Drive, Brentwood, Essex, CM13 3BERegistered OfficeArcadia House, Warley Hill Business Park, The Drive, Brentwood, Essex, CM13 3BE

 

Historic Address(es):

 

Address TypeAddressPrincipal Place Of BusinessArcadia House, Warley Hill Business Park, The Drive, Brentwood, Essex, CM3 3BEPrincipal Place Of BusinessPurbeck House 230, Hornchurch Road, Hornchurch, Essex, RM11 1QBRegistered OfficeArcadia House, Warley Hill Business Park, The Drive, Brentwood, Essex, CM3 3BERegistered OfficePurbeck House 230, Hornchurch Road, Hornchurch, Essex, RM11 1QB

[42man]

I think this debt collection operation run by them is another excuse to charge you £250 and add countless charges on....has anybody had any correspondence from 'Eastern' in the past 12 months ?

[Sparkie1723]

Another thing Swift did in our case was to submit in their Court Bundle a copy of our joint credit file that had been copied by Promise Solutions Ltd..............who we actually had had nothing to do with ...never heard of them at the time, they weren't our Broker Promise Finance Ltd were

But when I sent an SAR to Promise Solutions they said they had very little records/data about our application and certainly no copy of our credit file, .......so how did Swift get this copy with Promise Solutions stamped across EVERY single page??

 

sparkie

[42man]

Interesting one here for Kestrel

 

Business NameCompany Registration NumberKestrel Advances Limited2807869

Categories:

 

Consumer credit Credit brokerage Debt adjusting/counselling Debt collecting

 

Right To Canvass Off Trade Premises:Yes

 

 

Trading Name(s) (Current):

 

Eastern Collection Agency Eastern Counselling Agency Superloan

 

Issued Date: 01-Jul-1993

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

 

NamePositionAmanda Brooks John Webster Nigel Ingram Sunny Lo Terrence Gateley

 

Historic Individuals that run the organisation:

 

NamePositionBernard Robert BarwickOFFICERMr Dennis Edward MyersOFFICERMr Sunny Ho Sun LoOFFICERMrs Patricia Anne MyersOFFICERMs Joanne HendersonOFFICERMs Margaret Susan MairsOFFICERMs Stella Lillian InceOFFICERSimon WoolcottOFFICER

 

Nature of Business:

 

Property management agents

 

Current Address(es):

 

Address TypeAddressCorrespondenceArcadia House, Warley Hill Business Park, The Drive, Brentwood, Essex, CM13 3BEPrincipal Place Of BusinessArcadia House, Warley Hill Business Park, The Drive, Brentwood, Essex, CM13 3BERegistered OfficeArcadia House, Warley Hill Business Park, The Drive, Brentwood, Essex, CM13 3BE

 

Historic Address(es):

 

Address TypeAddressCorrespondencePurbeck House 230, Hornchurch Road, Hornchurch, Essex, RM11 1QBPrincipal Place Of BusinessArcadia House, Warley Hill Business Park, The Drive, Brentwood, Essex, CM3 3BEPrincipal Place Of BusinessPurbeck House 230, Hornchurch Road, Hornchurch, Essex, RM11 1QBRegistered OfficeArcadia House, Warley Hill Business Park, The Drive, Brentwood, Essex, CM3 3BERegistered OfficeDevonshire House, 60, Goswell Road, London, EC1M 1QBRegistered OfficePurbeck House 230, Hornchurch Road, Hornchurch, Essex, RM11 1QB

[42man]

The one for Kestrel Advances Ltd. lapsed in July 2008

[42man]

The licence for Cleanway lapsed on the 9th October this year...

 

Licence Number:0087194

Licence Status:Lapsed on 09/10/2009

 

Current Applicant / Licensee:

 

Business NameCompany Registration NumberCleanaway Limited806128

 

Categories:

 

Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting

 

Right To Canvass Off Trade Premises:Yes

 

 

Trading Name(s) (Historic):

 

Clean Away Clean World Data Guard Ecoservice

 

Issued Date: 04-May-1979

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

 

NamePositionBrenden MitchellOFFICERColin Martin GilliganOFFICERGary James MallettOFFICERKeith Alan GardnerOFFICERLinda Helen KennedyOFFICERMichael EngstedOFFICERMr Gerben Richard WestraOFFICERPatrick ThompsonOFFICER

 

Historic Individuals that run the organisation:

 

NamePositionMr George Thomas Eric PriestleyOFFICERMr Alan JonesOFFICERMr Anthony Paul Raymond DeanOFFICERMr Antony Peverell HichensOFFICERMr David BirtlesOFFICERMr David Edward CookOFFICERMr David Rhys DaviesOFFICERMr David WeirOFFICERMr Douglas William BenjafieldOFFICERMr Duncan Stuart McGregorOFFICERMr Michael Robert AdkinsOFFICERMr Patrick Guy Netterville ThompsonOFFICERMr Paul EverallOFFICERMr Paul Mitchell LevettOFFICERMr Peter Alexander Milnes HeathOFFICERMr Peter Johan JansenOFFICERPaul Raymond SmithOFFICER

 

Historic Organisations that run the organisation:

 

NameCompany Registration NumberPositionRedland Secretaries Ltd OFFICER

 

Current Address(es):

 

Address TypeAddressPrincipal Place Of Business., The Drive, Warley, Brentwood, Essex, CM13 3BERegistered Office., The Drive, Warley, Brentwood, Essex, CM13 3BE

 

Historic Address(es):

 

Address TypeAddressPrincipal Place Of BusinessHead Office, Claydons Lane, Rayleigh, Essex, SS6 7

[Sparkie1723]

I think this debt collection operation run by them is another excuse to charge you £250 and add countless charges on....has anybody had any correspondence from 'Eastern' in the past 12 months ?

 

Totally agree 42man...... if there is any way to extort money from a borrower ...Swift will find it.

 

sparkie

[42man]

Go here - Public Register and type in their postcode....

[Sparkie1723]

The one for Kestrel Advances Ltd. lapsed in July 2008

 

 

Kestrel Advances is a dormant company .....ready to be resurrected when the time comes ....which I think will be soon;) for reasons that will soon dawn on folks soon also.

 

sparkie

[42man]

It would be interesting to see any of the old charges sheets when they say they 'pass it on' to their debt collection department...I think it was something like £250 when it gets passed on...I feel they have toned down this Eastern Counselling due to the reasons above.....

[sweetjane]

I always thought it strange that although letters with the letterhead "Eastern Counselling Department Debt Counselling & Collecting Asset Management", they were signed "Credit Control Department" or "Pre Litigation Department" (Feb 08 & May 08) - some counselling!!! The telephone number for the supposed Eastern Counselling department has the same number quoted in Sparkie's post 1122 above for Eastern Collection Agency. At the bottom of the letter it says "registered in England No 1800474 - same as Swift's

[Sparkie1723]

Just filling in the N244 form to submit to the Courts along with supporting documents and my witness statement for a CPR31.16 order to be made as Mr Strickley has failed to supply the documnts I have requested.

In the previous e-mail I gave him until tomorrow to supply them

So I sent him this last e-mail..

 

sparkie

 

 

Dear Mr Strickley,

 

I note that you have opened my last e-mail request for those documents I have requested, I now put you on notice that should you not supply these documents, I will ask the court on my CPR 31.16 application to summon you personally to answer why you have not supplied them despite being asked personally by me so many times.

 

Yours sincerely

 

W.B Grace

 

 

P.S..

Additional info .......the previous e-mail has now been opened twice

Edited November 10, 2009 by Sparkie1723

[42man]

Sparks a couple of possible useful threads

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

[Sparkie1723]

At this application hearing I will also be able to summon Mr White to answer the questions I have for him............beginning with why he failed to disclose the remainder of the History notes in standard disclosure..........he submitted only one specific page of ...the page that was of advantage to Swift ....but not the other that showed that they sold our loan to Kestrel Loans No 1 Ltd just 14 days after the agreement was signed........concealing all those other pages that they supplied under my SAR made since the hearing.

 

I emphasise SOLD as is stated in both these companies accounts....not assigned.

 

Section 3 of the New Fraud Act.....fits very nicely thank you:cool:

 

 

sparkie

[Sparkie1723]

Having read 42mans post on Eastern Collections Agency there are some things on there about Swift also

 

It says that they carry out ..............consumer hire business......Don't think so??

 

They say that they operate as a brokerage agency/brokers .........denied everywhere else including in Court.

 

They say they are aslo a credit reference agency....a special category license is needed for this ...wonder what category it is ....I'll have to research this aspect to see;

1..If they hold one and

2..If its the correct licence

 

sparkie

[42man]

My feeling is that they have gone for the 'collection' when/as/if their business empire expands to cover themselves...

[Smarterchick]

In my opinion - they don't 'do' debt collection. They wouldn't know how.

 

Eastern counselling is referred to Swift collections team now, Eastern Counselling according to my source never existed, it was just a name to make them look efficient. We can see how successful that was!

[Sparkie1723]

Debt Adjusting and Debt Counselling

 

If you help people with their debts by taking over their debts or negotiating on their behalf, you are likely to need a Category D Licence where the debts arise under Consumer Credit or Hire Agreements.

Debt Collecting

 

If you collect debts due to others arising from Credit or Hire Agreements not exceeding £25,000, you are likely to need a Category E Credit Licence.

Credit Reference Agency

 

If you collect information about the credit-worthiness of people with a view to giving it to others, you will be acting as a Credit Reference Agency and need a Category F

 

 

Wonder if they hold all these as well ?

 

sparkie

[Sparkie1723]

Being as Mr Strickley's time runs out tomorrow I am Preparing my CPR31.16 application.

 

I do not mind giving them advance notification ....I am fine tunig this as I go along

 

sparkie

 

In The Chester County Court

 

Swift Advances Plc ( First Defendant) and Kestrel Loans No 1 Ltd ( Second Defendant)

 

The Claimant requests an order be made for specific important documents and records, that the First Defendant has with held and is continuing to with hold and conceal from him, despite many requests including a Subject Data Access Request made under that afore said Act.

 

The Claimant also requests that the Court order that Mr Tony Strickley and Mr Mark White employees of Swift Advances Plc, the First Defendant, attend the application hearing, to answer questions under oath as to why these documents are being with held and concealed from him.

 

The Claimant also asks that the order include that a senior representative of the 2nd Defendant Kestrel Loans No Ltd attend the application hearing, to explain the reasons for the sale of his mortgage loan to that company by the First Defendant 14 days after the loan agreement was signed, and the circumstances surrounding this sale.

 

 

1...Documents in support of Witness statement

 

2...Pages from the Judgement Summary of the previous possession proceedings taken out by the First Defendant against the Claimant in December 2008.

 

3...Evidence that secret commission is paid by the First Defendant, that has been sworn under oath that is not paid.

 

4...Evidence that the First Defendant has direct agencies with brokers, which has again been sworn under oath in the previous proceedings referred to that it does not operate such agencies.

 

 

5...Copies of letters and E-mails requesting specific documents to and from the First and Second Defendants that the Claimant truly believes he is legally entitled to be supplied with, have been continually rejected and with held, including a returned Subject Data Access Request to the Second Defendant from the Claimant stating that it does not process data about individuals despite having been sold over £129 Million pounds worth of borrowers loans and mortgage details and accounts.

Edited November 10, 2009 by Sparkie1723