Swift Advances. Secured Loan Charges reclaim

[Marky1701]

Hi JHG,

 

Unfortunatley I think you are discovering that most of the so called 'regulatory bodies' have no teeth. Certainly the OFT is worth persuing, I understand they already have a 'super complaint' registered against Swift that can only get bigger to the point where they have to act.

 

Write to your MP - cause as much of a stink as possible and contribute to exposing, as you so accurately put it, these 'loan sharks'

[JHGlover]

I was just about to do a SAR letter, but i cant seem to find any indication of an agreement number, the only indication of numbers is the top left of the form that i posted earlier, that says FORM UNRCAP [1 Nov 2005] [V8.5 Rev 7 ] 20061215 the latter numbers look like a date to me. but no indication of agreement number, anyone have any idea how i would correspond with them, secondly i would like to get a copy of the CA from Swift just to see if they have a copy, i think there is a letter and a fee to pay for this i believe can some one please enlighten me, thanks

[Sparkie1723]

You can use this template letter if you wish

 

 

To

The Data Controller or Data Compliance Officer

Swift Advances Plc

Arcadia House

Warley Hill Business Park

The Drive Brentwood Essex

CM13 3BE

 

Dear Sir or Madam

Ref Account No:

 

DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST

This Subject Data Access Request is made under sections 7, 8 & 9 of the Data Protection Act 1998, and by virtue of the Data Protection (Subject Access) ( Fees and Miscellaneous Provisions) Regulations 2000 ( S.I.No 191).

 

 

 

Please supply us with all data that you hold on us. This includes in particular, but is not limited to, the following:-

The original signed, executed Consumer Credit Act agreement and any terms and conditions that applied at the time the account was opened.

 

Transcripts of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, to and from or by any previous creditor.

 

Where there has been any event in the account history over this period which has required manual intervention by any person, I require disclosure of any indication notes which have either caused or resulted in that manual intervention.

 

True copies of any assignment and/or default notice or enforcement notice that may have taken place sent with a copy of proof of postage that you hold.

 

Documents relating to any insurances added to the account, including any title indemnity insurance contract terms and conditions, the date it was added and deleted (if applicable).

 

Details of any collection charges added to the account; specifically, the date it was levied, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said charges were levied.

 

A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 and any consent that I/we may have given to those uses

 

A list of third parties to whom you have disclosed my/our personal data including Credit Reference Agencies and, a summary of the nature of the information you have disclosed, the reason for this disclosure.

 

Copies of any statements of account for the agreement from its inception, not just a record of payments

 

Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, lease provide a declaration signed by an authorised officer of your company, confirming the dates and methods of destruction of this data, and the reason for the destruction.

 

Full hard copy print outs of my/our personal and financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage systems/devices/locations.

 

Full copies of transcripts of any correspondence in postal, e-mail or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial, or which pertains to me.

 

Details of any third parties which have an interest in our account.

 

Full details of any securitisations that any of our account(s) have been or are involved in

 

Any other information that you hold with regards to me/us and/or our account.

 

A complete list of all transactions or statements relating to all account and applications made by me/us to and with your organisation.

 

Enclosed is the statutory maximum fee for this request of £10.

You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity please let me know by return.

 

However please note that the above address is the one which has been used to make any and all communications with me/us with regards to my/our account information, from Arcadia House which has been hitherto found acceptable.

 

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISTAION REPONSIBLE FOR DATA PROTECTION COMPLIANCE.

 

Yours sincerely

[JHGlover]

Thanks sparkie, but as i stated there is no account number, also is there a letter for requesting the a copy of the original credit agreement and if so is there a fee

[Sparkie1723]

Thanks sparkie, but as i stated there is no account number, also is there a letter for requesting the a copy of the original credit agreement and if so is there a fee[/quote

 

Your parents must have an account Number and the total fee is £10 as stated. The requestfor the agreement is in the SAR

 

sparkie

[JHGlover]

I am checking with my parents if they have recieved any otherecorrespondence from Swift with relation to an account number, however as i have stated there is no account number on the credit agreement, , and sorry didnt read the letter fully, to notice the CA info

[landy_alert]

I contacted the FOS today and was advised they couldnt investigate my issue due to the fact that the loan was prior to April 2007, they said i would need to contact OFT, which i subsequently found out dont deal with individual cases, they then directed me to consumer direct, who were helpful to a point and advised they would get trading standards to contact me, i also approached some of the online solicitors who stated they wouldnt take the case due to the loan being unregulated, being prior to April 2007 & also because it was a secured loan, so this company that act like loan sharks seem to be able to get away with taking away a house from pensioners with no recourse, comments please

 

Hi JHGlover:)

 

The FOS would have been referring to not being able to investigate the enforceabilty/charges issue, but would still be able to investigate the mis-selling of the PPI on your parents' mortgage/loan. My agreement also pre-dates April 2007 and I like yourself I was informed that they would not be able to take on my complaint regarding charges on the account.

 

They are however, investigating the mis-sold PPI and I cannot see any reason why they couldn't investigate your parents' also.

 

Despite the fact that as you are aware, the OFT cannot investigate individual complaints, it is still worth firing one off to them as Marky recommended and also send one to the FSA as suggested by 42man. The more complaints that are received about Swift the more likely that action will be taken against them by these regulatory bodies.

 

I have recently received a response to my complaint about Swift (and the broker who sold us our mortgage) from the FSA who said that my concerns have been passed to the departments responsible for the supervision of both companies and that they will take the action that they believe to be appropriate. So it is definitely worth doing - it gives great satisfaction to know that you may be instrumental in the downfall of these low-lifes!

 

Regards,

 

Landy x

Edited November 30, 2009 by landy_alert
typo!

[Apollo18]

Hi All,

 

JHGlover have you checked your parents bank statements for the agreement number.....Assuming that they pay by direct debit that is.....

[JHGlover]

I have the Agreement number, but have been informed that the payments have been £545.00 for the first 36 months however on the CA its states he should have been paying £515.95 for the first 36 months , i have been informed it has been reduced to £512.00 for the next 144 months but on the CA it states it should be 485.72, i have asked parent to check his bamk statements to see what he has been paying for the last 3 years, surely there is some discrepency here

[Smarterchick]

I have the Agreement number, but have been informed that the payments have been £545.00 for the first 36 months however on the CA its states he should have been paying £515.95 for the first 36 months , i have been informed it has been reduced to £512.00 for the next 144 months but on the CA it states it should be 485.72, i have asked parent to check his bamk statements to see what he has been paying for the last 3 years, surely there is some discrepency here

 

 

You may well find variancies due to the increase in interest rates. Swift raise the rates in line with whatever fancies they have at the time, Libor, Bank of England base rate, shareholder pressure, but they never come down despite the fall in rates, so the rates on your /their agreement will not be what they are paying now I doubt very much. You need the letters sent by Swift informing of these rate increases since the start of the loan.

Edited November 30, 2009 by Smarterchick
my spelling's getting as good as Sparkies

[JHGlover]

I am hoping this will all come to light when.if we recieve the documents from the SAR ferom what i can gather no letters have been recieved pertaining to this.

[pkelly]

hi folks been on night shift today only home

missed the craic

 

Proof of life

 

SURELY THIS IS NOT OUR mr B`````` It cant be but then again

and I dont mean Mr Bean

[Sparkie1723]

hi folks been on night shift today only home

missed the craic

 

Proof of life

 

SURELY THIS IS NOT OUR mr B`````` It cant be but then again

and I dont mean Mr Bean

 

 

 

Indeed, barrister Robert Rosenberg, group legal counsel for sub-prime lender the Swift Group, and a former policy adviser to the Department of Trade and Industry on lending and consumer credit, makes the sanguine comment about fraud: "It happens. It is one of those things we have to deal with." It certainly must be dealt with, so that those innocent of fraud do not end up paying the bill.

 

 

HO! HO! HO! HO!........... HA! HA! HA! HA!

 

And I'm Not Father Xmas

 

Notice the Initials RR............."Run Rabbit"

sparkie

[Smarterchick]

You would have thought, given his fondness for we poor rogue debtors, our Mr Jonny Webster would have at least popped by and said cheerio wouldn't you? I mean, think of all the entertainment we've provided, the guidance we have given him, 'seeing the light' showing him that even people with no brains who he suckered into his loans can actually see through those brick walls of Arcadia House and not being intimidated by what we saw?

 

I think it's poor sport of him not to pop by, we'll miss him won't we folks? and I'm so dissappointed not to have been asked to pop a few quid into his leaving pressi kitty.

 

Tara Jonny...

 

not so smarter CHICK.. or am I?

[mmcourt]

Gosh everyone is really quiet tonight.

[Smarterchick]

Gosh everyone is really quiet tonight.

 

Silence is golden, but I'll do a jig and a song for you if you're lonely?

 

There...

[mmcourt]

:lol::lol: Thanks:lol::lol:

[Sparkie1723]

Another quote from Mr Rosenburgh THIS is what he said about another lender!!!!

 

Robert Rosenberg, an expert on loans for people with poor credit ratings, told the court that he believed the lenders did not make sufficient inquiries about the Meadows' financial situation. He said: "It is my view that on balance they did not make sufficient inquiries. There are a number of factors they should have taken into account."

 

SWift did not check if we could pay our loan back ...did not consider we were 70 when we applied for the Loan AFTER First plus had turned us down because of our age.

 

 

And Mr Rosenburgh was at Swift at the time of our loan....what a bloody hypocrite

By the way he's a Barrister for Shoosmiths

Edited November 30, 2009 by Sparkie1723

[pkelly]

HULLO AM BACK

must ave been the full moon my pc was down

so now how many dicky birds are sitting on the wall lol

bet the other two did or do not know half the story

well that will soon change lol

[Smarterchick]

HULLO AM BACK

must ave been the full moon my pc was down

so now how many dicky birds are sitting on the wall lol

bet the other two did or do not know half the story

well that will soon change lol

 

 

Hallo Mrs Kelly, I think were on size 2 font tonight...... Glad you're back Mrs!

 

It's getting like humpty dumpty in Brentwood..

 

Oh, and it's goodnight from Her...

[Sparkie1723]

INSIDE MONEY: PROGRAMME 1: “WOULD YOU CREDIT IT?”

Presenter: Lesley Curwen

Listener: Tim Lett

Producer: Jennifer Clarke

 

Lett Are you saying that borrowers aren’t getting the benefit of protection that the law could already provide?

 

Mr Rosenburgh from Swift

 

Rosenberg That’s correct. The court ought to consider the overall indebtedness of the borrower and grant an appropriate order and the borrower ought to be made aware of the fact that additional interest is going to continue to accrue under their agreements. The court has a number of powers open to it and it just isn’t using those powers at the moment.

 

Curwen How come the judges don’t know anything about this extra lot of interest, shouldn’t they, isn’t it an obvious thing to know?

 

Rosenberg I think that they ought to be aware of this but part of the problem is that these cases are dealt with in a conveyor belt fashion and the judges just don’t have the time to give consideration to each and every case that comes before them.

[Smarterchick]

There was this bloke I spoke to about 2 hours ago who said he was getting an early night tonight....he must have gone off to sleep! Maybe he's been practicing the monkey dance for his court appearance?

 

Oh and Sparkle, I do hope it wasn't anything we said that sent Robert and Jonny off with their P45's was it? We are taking bets as to which of the other two goes next, fancy a punt?

[Dougal16T]

Another quote from Mr Rosenburgh THIS is what he said about another lender!!!!

 

Robert Rosenberg, an expert on loans for people with poor credit ratings, told the court that he believed the lenders did not make sufficient inquiries about the Meadows' financial situation. He said: "It is my view that on balance they did not make sufficient inquiries. There are a number of factors they should have taken into account."

 

SWift did not check if we could pay our loan back ...did not consider we were 70 when we applied for the Loan AFTER First plus had turned us down because of our age.

 

 

And Mr Rosenburgh was at Swift at the time of our loan....what a bloody hypocrite

 

 

By the way he's a Barrister for Shoosmiths

 

Good morning everyone....

 

Well we have been busy......The Meadows case is a particularly interesting one, [and well worth a read!] - (I am such an anorak!!) - as the company was ruled against in Court and there were numerous 'irregularities' and 'unusual practices' involved on the part of the lender!!!

 

Turning to Webster now departed from Swift - it is VERY important to note that liability for Criminal Acts can follow anyone wherever they go.

If you leave a company, or home, or country - the liability still follows you - it's a bit like your shadow, it never goes away completely and will often reveal your location when you least want it to!!

 

Let us now consider the terms of the Fraud Act 2006........need I say more??

 

Finally please remember this : the Police are duty bound (under the regulations governing the Police Service in the United Kingdom) to investiagte all complaints that a crime has been commtted. [This has been a public service announcement].

 

As always

 

Best wishes to all

 

 

Dougal

[pkelly]

Hallo Mrs Kelly, I think were on size 2 font tonight...... Glad you're back Mrs!

 

It's getting like humpty dumpty in Brentwood..

 

Oh, and it's goodnight from Her...

 

Yep just flew into town, was on one of them pay things at airport, wanted to catch up with you lot, ditched the blackberry, not the sort of thing a trolly dolly is expected to be seen using, lol

what you got now Sparkie can you see me as well as trace me, think you ment size 12 lol used to be a size 10 when started this auld crack.

a couple of mile high flights grounded me for a while, but as they say once a flyer always a flyer lol

[pkelly]

Four little dickie birds sittting on a wall

well not really on a wall but glad to see they are trying to keep up to date,been impossible so far ehhh

believe meit will get worse, why on earth do you think all this has been posted?

Because its only the tip of the iceberg I know very little but when legal eagles are on this everyday its a good sign

Big Bother is watching you