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Swift Advances. Secured Loan Charges reclaim


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Guest blackie

Not sure I personally want to rock that boat too much. I am currently in a legal battle with Swift and at last I have managed to get some money to employ a real barrister, who is currently looking at everything I have from Swift and Central Credit, there appear to lots of things not right, but will wait until I receive further information from him. Obviously will post on site as soon as. But I was thinking of writing to the customer who I have received their statement. What do you think. Could it be anything to do with the data protection act.

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I am also in a legal battle with swift. I am using a firm of solicitors from Sheffield who have previously won a case against swift. When you say lots of things wrong blackie it reasures me to know i'm not the only one with a bodged up agreement! Swift sent me a letter saying your court date is ........ for possesion hearing but when they new i was going to defend they sent a letter saying they would look at an arrears plan. They are scared, very scared.

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Not sure I personally want to rock that boat too much. I am currently in a legal battle with Swift and at last I have managed to get some money to employ a real barrister, who is currently looking at everything I have from Swift and Central Credit, there appear to lots of things not right, but will wait until I receive further information from him. Obviously will post on site as soon as. But I was thinking of writing to the customer who I have received their statement. What do you think. Could it be anything to do with the data protection act.

 

Be careful Blackie, what you should do is return it to Swift and state they sent it by mistake otherwise you could be as guilty as Swift under the DPA i believe.

 

Someone I knew had a similar thing happen with Swift sending out a repossession document to them of someone else. What this individual did was to send it on annonymously to the people it was meant for but inadvertantly included details of CAG and these threads with the advice to go seek legal advice and catch up on events here.

 

In addition people might like to know that according to my facebook friend the chairs on the deck on 'Swift Titanic' are beginning to slide about and groaning between staff has never been greater....few people getting out...wonder why? :D - must be all the rats on board!! :wink:

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Guest blackie

Thanks Smarterchick, I really would not want to do anything to break the law, but Swift seem able to do so at every point in time. The charges on this persons account are absolutely unbelievable. How do they get away with it.

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Blackie

 

Why not complain to them on their website,using their online complaints process, they have to investigate your complaint within a given timescale.

 

Regards

 

Doc

 

Morning all,

 

I tried that and you can forget the idea that they will stick to their timescale....no chance of them doing that at all! They keep stalling.

 

So just sending my LBA and will file in 14 days a claim in excess of £30,000.

 

Hope Mr Webster has not had a hearty breakfast, could make a mess on the poop deck of Swift Titanic!!

 

Best wishes to all

 

Dougal

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Guest blackie

Good Luck, please keep us posted. How long did it take Titanic to sink, anyone remember?

 

Lets just hope there are no life boats for Mr Webster and Mr White.

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Thanks Smarterchick, I really would not want to do anything to break the law, but Swift seem able to do so at every point in time. The charges on this persons account are absolutely unbelievable. How do they get away with it.

 

I really admire you for not wishing to break laws Blackie, good for you...I can't imagine why that person I knew decided to do what they did in forwarding the letter on with all this CAG information........... :rolleyes:

 

SC

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Guest blackie

No what you mean. I am intending on doing something, but right now is probably not the time to launch it on this site. Seeking proper legal advice once I know I will not be breaking the law too much...... (well if Swift can do it) Perhaps a journalist might get hold on this, or who knows.

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Good, so long as you are careful...I've been told the person sending these things out has been making rather a few faux pas like this...quite a number of 'interesting' documents seem to be finding their way miraculously to the same address...mmm? watch this space....

 

 

SC

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This needs clarification peeps, there is no s.140A in the CCA 74 Act that I can see - I'll go searching after supper maybe :oops: unless anyone else wants to dig?

 

SC

 

What they mean is Section 140 of the Consumer Credit Act 1974 amended by the new Consumer Credit Act 2006

 

Briefly it is this ...maybe the OFT will also take action on Blenheim under the Enterprise Act

The unfair relationships provisions

Section 140A of the 1974 Act (as amended) provides that a court may determine that the relationship between a lender and a borrower arising out of a credit agreement (or the agreement taken with any related agreement) is unfair to the borrower because of:

  • any of the terms of the credit agreement or a related agreement
  • the way in which the lender has exercised or enforced its rights under the credit agreement or a related agreement, or
  • any other thing done (or not done) by or on behalf of the lender either before or after the making of the credit agreement or a related agreement.

The courts have a wide range of powers where a credit relationship is found to be unfair, including:

  • altering the terms of the credit agreement or a related agreement
  • reducing the amount payable by the borrower
  • requiring the lender to refund money to the borrower
  • removing any duty placed on the borrower under the agreement , and
  • imposing requirements on the lender or an associate.

In addition, where unfair relationships harm the collective interests of consumers, the OFT and other enforcers (including local authority trading standards services) can take enforcement action under Part 8 of the Enterprise Act 2002.

 

 

sparkie

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Worth noting. - He added: "A legal precedent could have driven a coach and horses through all its loan accounts. The consumer credit rule book is being rewritten as a result of High Court settlements like Blemain Finance v Bentley."

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/229456-latest-crudit-toaday-debtor.html

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Very soon as more are challenged using the same argument..... a High Court ruling will come because judges will say we are getting swamped with these we need a precedent to have them resolved without further Court action.

 

They are taking up too much valuable court time and expense.

 

sparkie

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Hullo andrew1,

Haven't seen you around for a while:p

 

Just browsing Sparkie, how you keeping? I've had a lot going on and you lot seem to be coping quite nicely without me....I'll be back soon don't worry, got bigger fish to fry than Swift just now. From what I've been reading over the past few days sounds like they are creaking at the seams a bit. Someone told me over on another thread they'd met someone who worked in Swift who was glad to get the hell out of it with all this consumer attention, not a pleasant environment apparently.

 

We did the same with Cabot with the Fan Club - Cabot lost over £18 million as a result of this pressure in one year alone after we began..looks like you lot will have the same effect and take a few scalps along with it...keep it up it's like a dripping tap my friend - drives them bonkers after a while and you will win because all we wanted to achieve with Cabot was to get them to abide by the law, they couldn't believe that but - appears that's all you guys are doing and they won't be able to handle it because they are not used to people - their customers- talking to one another - that's what uncovers their lies and heads roll, the tides turned now the consumers after them like a pack of hounds on a fox...all I can say is lets hope they can see sense because their families are the ones who suffer when they go home stressed...I'll watch with interest...well done, companies like Cabot, Swift, Blemain, GE -they are all the same full of lies which sadly they believe themselves as they tell them so often, but they'll never beat the law, it will always beat them, Just keep your arguments simple, stick to the facts and the available laws, they might beat a few in court now and con the odd judge for a while, but the momentum is increasing, they know it - you know it, they'll fall have no fear of that. What they, (and Cabot staff didn't) realise is that people, employees are personally liable too if they carry out lies and certain instructions on behalf of their employers. This is as well as their companies and the Directors. The laws are so stringent now and the staff are not trained by their management to know these things....they could face prosecution, if their families knew this, they'd have them out of there. We've had people charged so keep any documents you have as evidence all you guys, you never know when they may come in handy.

 

This is just a short hallo since you spotted me browsing sparkie, when you want my input just holla!

 

 

catch u later....

 

A1

Edited by andrew1
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Yes ...I have been doing the occasional bit of snooping ....I know a lot more than I have posted and finding out more as each day go by ...with a little bit of help ...if you know what I mean;);) places you would not dream about.

 

nice having you back

 

sparkie

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I have a couple more that contain false misleading statements........this man is in serious serious SERIOUS trouble.The more I get to read through the better for all and worse for him.....you all know he has a lot of shares in Swift don't you???

 

sparkie

Is this the man who swore under oath Swift do not pay a commission?

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