Swift Advances. Secured Loan Charges reclaim

[welshperson3]

GL Cupcake68 i think the answer you get will make you happy.

as regards to blemain i have things to sort out with them .

[cupcake68]

Thanks so much WP!

 

I can't believe how these companies behave!!

 

We will get them eventually!!

 

Good luck too

 

Cupcake

[welshperson3]

Hi Sparkie

 

Heres the documents:

 

I need to get a couple of more up adn will try later today. Thanks again for looking at these and to everyone here trying to help.

Key facts last Page picture by busterg_2010 - Photobucket

 

Legal charge picture by busterg_2010 - Photobucket

 

MortgageOfferPg1.jpg picture by busterg_2010 - Photobucket

 

MortgageOfferPg2.jpg picture by busterg_2010 - Photobucket

 

MortgageOfferPg3.jpg picture by busterg_2010 - Photobucket

 

MortgageOfferPg4.jpg picture by busterg_2010 - Photobucket

 

Key Facts pg1 picture by busterg_2010 - Photobucket

 

MortgageOfferPg5.jpg picture by busterg_2010 - Photobucket

 

i will try and help on this but a quick look and it looks like a first charge mortgage. the most important point for you is that you didn't sign it and were coned into agreeing to it.

 

the most important point to this is,its not just paper work errors you are looking for but how you found yourself falling pray to they're unfair practices.

 

peter Bentley v blamain springs to mind on this one.

 

wp3

[busterg]

i will try and help on this but a quick look and it looks like a first charge mortgage. the most important point for you is that you didn't sign it and were coned into agreeing to it.

 

the most important point to this is,its not just paper work errors you are looking for but how you found yourself falling pray to they're unfair practices.

 

peter Bentley v blamain springs to mind on this one.

 

wp3

 

Thank you WP3. Much appreciated.:grin: Im gonna read up on the case and hopefully understand it.

[Sparkie1723]

I notice that it is not legally signed for on behalf of Swift First

 

 

The guy who signed.... signed it as a letter " Yours sincerely" outside the actual agreement so it ihas not been executed as of yet so they can't try to enforce it until they do.

 

sparkie

[busterg]

I notice that it is not legally signed for on behalf of Swift First

 

 

The guy who signed.... signed it as a letter " Yours sincerely" outside the actual agreement so it ihas not been executed as of yet so they can't try to enforce it until they do.

 

sparkie

 

which bit?

[busterg]

which bit?

 

Also, I took your advice and got a copy of the Legal charge as well today. Just need toback track through the thread to understand what I had to check it against.

[busterg]

I notice that it is not legally signed for on behalf of Swift First

 

 

The guy who signed.... signed it as a letter " Yours sincerely" outside the actual agreement so it ihas not been executed as of yet so they can't try to enforce it until they do.

 

sparkie

 

Sorry - got it. Having a dumb dumb moment.

[busterg]

Would that mean a new agreement as there is no other space in that agreement for them to sign. Also there is a page in between this document that has never been fothcoming to me or my solictors despite the SDAR request.

[Action1]

I am in a dilemma

I got into mortgage arrears with my buy to let mortgages with both Paragon & CHL, they did not try to make any arrangements with me to pay the arrears. They have appointed receivers and are seeking possession of the property. I have since paid all the arresrs in full but the banks are still pursueing possession proceddings againts the tenants. What can I do to get the properties back and away from receivers. There is also a planning matter that I am trying to resolve which will involve makinng an planning application. The banks have said that they may review the account but only in exceptional circumstances are they likely to return the property to me what does this mean

[caro]

I can't answer your specific question, but I've been trying to find out about LPA receivers and have just found this which may offer some help.

 

Ch 69: Law of Property Act Receivers (March 2001)

[busterg]

Sorry - got it. Having a dumb dumb moment.

 

Here's the other docs:

 

 

 

http://s836.photobucket.com/albums/zz288/busterg_2010/?action=view&current=Welcomeletter010-1.jpg" http://s836.photobucket.com/albums/zz288/busterg_2010/?action=view&current=FAxbetwwenSiftBroker011.jpg"

 

wlecome letter & Fax between swift and broker. Ive got one redemption info between broker and 1st Charge and repayment details for the second one. Just waiting on a couple more docs from each of them and I'll post them as well.

[Action1]

I can't answer your specific question, but I've been trying to find out about LPA receivers and have just found this which may offer some help.

 

Ch 69: Law of Property Act Receivers (March 2001)

This is very helpful Thanks so much

[frettful38]

Hi sparkie, I have been reading the story Credit Today online very closely and have been trying to compare any similarities to my own case and have I think found one.

 

In Bentley's story it reads:

 

"Bentley’s lawyers, Consumer Credit Litigation Solicitors (CCLS), successfully argued that Blemain had loaned the money to Bentley irresponsibly and that the agreement took advantage of his desperate situation."

 

Bentley's solicitors used the meaning Unfair Relationship under Section 140A of the Consumer Credit Act (CCA) 1974 to claim that his loan contract with Blemain Finance was an unfair one. I believe that I too could use this term that Bentley used also.

 

Bentley's troubles started when his mother died, and he had to cut his working hours to start looking after his sick father, therefore he had to reduce his hours of work. It was decided that Blemain loaned Bentley the money irresponsibly even though Bentley was working at the time. Now what would it be decided if my case was put forward if I was to use the unfair relationship and irresponsible argument.

 

When I received my subject access request from my broker Ocean Finance there was a record of a phone calls log in there and these are the notes written about me and my OH when we were applying:

 

"NO INCOME APART FROM MR S/E EARNINGS, TO SOURCE"

 

" MORTGAGE CURRENTLY IN ARRANGEMENT, DEFAULTS AND POOR PAYMENT PROFILE"

 

"WILL OFFER 3 MONTHS PAYMENT HOLIDAY TO LET THEM GET BACK ON THEIR FEET AS CURRENTLY UNDERPAYING ON MORTGAGE"

 

So not only were Blemain aware that I was not working, but they were also aware that me and OH had a poor payment history and defaults. They loaned us the money regardless of this. They allowed us three months payment holiday, but still I strongly believe that they loaned us this money irresponsibly, and they should be held accountable for their actions the same as they believe that we are.

 

I have raised this point to my solicitor who did not seem to believe that he could use this argument successfully, so I wrote a letter of complaint to his firm over a week ago and told them that I was not very pleased about the way they were handling and representing my case. I received an email from my solicitor on the 19th Feb 10 which he advised me that his supervisor was looking in to my complaint and would be in touch. I told my solicitor that he should be looking in to all aspects of my compliant and loan agreement and not just concentrate on the secret commission.

 

Lets see what they come back, knowing my luck they will just write back and say that sorry Mrs xxxx we can no longer represent you and therefore have closed your file. If they do write this to me I will want to know the exact reason in writing as to why they believe my case will not succeed. That's if they write this, I'm just seeing what the worst case scenario will be.

 

Anyways that enough ranting for me 1st thing in the morning.. Sparkie has given me a lot of information which I have bombarded my solicitor with, he has been incredible in explaining everything down to a T.

 

Thanks sparkie for everything, your a star!

[Smarterchick]

..and that Frettful is a perfect and excellent example of someone reading these threads on CAG, picking up on what is written, researching for themselves and finding the relevancies to their own circumstances.

 

By doing that you are now in a position of empowerment. It might not appear you are knowledgeable, but don't you feel a lot more confident in your arguments now? - doesn't it make you feel " hey, that's exactly the same as me?" you then go back to your solicitor and tell them where to begin their work and why you have a case. And you'll win!

 

Solicitors have so much legislation to consider and unless they are given the lead many are just not as experienced as we expect them to be or as thorough initially as a cagger in digging. This is where we all, with all our limited knowledge have the advantage - we can afford the time to do the legwork and that's what we have to do. It's also the reason those people who expect others to do the legwork for them rarely get far because they don't understand thier own cases well enough to sell their cases to a solicitor like you have done. Brilliant work and full marks to you for your efforts. Oh, and that bloke Sparkie - ? a Star? mmmm? :grin:

[frettful38]

..and that Frettful is a perfect and excellent example of someone reading these threads on CAG, picking up on what is written, researching for themselves and finding the relevancies to their own circumstances.

 

By doing that you are now in a position of empowerment. It might not appear you are knowledgeable, but don't you feel a lot more confident in your arguments now? - doesn't it make you feel " hey, that's exactly the same as me?" you then go back to your solicitor and tell them where to begin their work and why you have a case. And you'll win!

 

Solicitors have so much legislation to consider and unless they are given the lead many are just not as experienced as we expect them to be or as thorough initially as a cagger in digging. This is where we all, with all our limited knowledge have the advantage - we can afford the time to do the legwork and that's what we have to do. It's also the reason those people who expect others to do the legwork for them rarely get far because they don't understand thier own cases well enough to sell their cases to a solicitor like you have done. Brilliant work and full marks to you for your efforts. Oh, and that bloke Sparkie - ? a Star? mmmm? :grin:

 

Thanks smarterchick, you are correct I do feel much more confident about my case. I do not know what the end result will be but since meeting sparkie and seeing what advice and help he has been giving so many, has open my mind to a whole new world.

I have learned so much through him, I have been doing a lot of research my also, and I have made this one of my hobbies now, studying, researching finding out things that I never thought I could. If it was not for sparkie I never would have got this far, I owe him a lot of gratitude and wish him all the luck in the world, because he so much deserves to have things go his way.

 

I have written a letter to my solicitor and would like him to sit up and take notice of what I am saying. Nowadays the onl;y way you get anywhere is by banging on a few tables , and a few heads a long the way.

[busterg]

Thanks smarterchick, you are correct I do feel much more confident about my case. I do not know what the end result will be but since meeting sparkie and seeing what advice and help he has been giving so many, has open my mind to a whole new world.

I have learned so much through him, I have been doing a lot of research my also, and I have made this one of my hobbies now, studying, researching finding out things that I never thought I could. If it was not for sparkie I never would have got this far, I owe him a lot of gratitude and wish him all the luck in the world, because he so much deserves to have things go his way.

 

I have written a letter to my solicitor and would like him to sit up and take notice of what I am saying. Nowadays the onl;y way you get anywhere is by banging on a few tables , and a few heads a long the way.

 

Well done fretful38. That really helps. Thanks:D

 

I've started "chunking out" my case with the information on the thread. It's been really hard tyring to understand it all but I think Im getting there with everyone's help. Some stuff is still a little hazy but I think it's becasue I'm not to well and struggling to concentrate.

 

I think we are in a similar situation Non regulated CCA 1st Charge Mortgage. Can you confirm? I think it would be useful if you and I could exchange information. What do you think?

 

im having a similar prob with my sols. They are fixated on secret commsion and repayments/charges. Its like pulling teeth trying to get them to take on board and look at into other aspects that im raising thanks to the information and experiences everyone has detailed on this thread.

 

Well I had a moment of empowerment myself yesterday. I rang the FSA to find out what category I fall into re: Non CCA or CCA. They said it would seem I was under them but the reason behind the loan from Swift would indicate I could also fall into the OFT. They said I had to figure it out with Seift as to which one I was. Not impressed and in all homest and in my opinion not worth a carrot.

 

So, I contacted Trading Standards who I complained to last year and demanding I get a call back as I haven't heard from them. Explained what I believe to be the underhand pracices of Swift as I did last and gave them the doucmentation for.

 

I got a call back to say they had spoken to David Blocksidge earlier in the day following my call and they are comingto see me Monday:grin: They need detailed information/reason as to how I believe this falls could fall into OFT domain and regulate this agreement. There gonna take copies of everything I have and get back to the OFT and see what they can do. So anything you think might help, please let ne know.

 

As soon as I've managed to chunk out the information and categorise it - bit hard going, I'll get that over to you in the hope it can help. I also keep you posted on what comes of Trading Standards and OFT.

 

Also, I was told by Swift that a £10 charge for each bit of information would be needed ie per phone call. I contacted the information commision and they advised get it all in one request with one fee of £10.00 for the lot. So going to be asking for a lot of docs/calls which I believe will prove I've been taken for a ride.

 

Im going to try and set up a moodle at some point so we can access the docs and info in a catogrised way. I found trying to cope with it all and manage the information a really difficult task. It's not to bad when you can think but this shower don't give you a minute and I've often felt reactive instead of proactive. They get you in a spin and you don't know which way is up.

[busterg]

I notice that it is not legally signed for on behalf of Swift First

 

 

The guy who signed.... signed it as a letter " Yours sincerely" outside the actual agreement so it ihas not been executed as of yet so they can't try to enforce it until they do.

 

sparkie

 

Hia Sparkie,

 

Can you point me on the right direction were I can source this a legal point for consideration. I've been going through the FSA pdfs and OFT stuff but I can't locate it. I mentioned it to Trading Standards yesterday but need to source it legally. Thanks for your help. Hope you're good.

[Sparkie1723]

Hia Sparkie,

 

Can you point me on the right direction were I can source this a legal point for consideration. I've been going through the FSA pdfs and OFT stuff but I can't locate it. I mentioned it to Trading Standards yesterday but need to source it legally. Thanks for your help. Hope you're good.

 

All your documents refer to is .......that it is a mortgage APPLICATION/ PROPOSAL, you have signed it as a MOrtgage proposal .........it does not become an actual mortgage document unless it is signed by SWIFT ....INSIDE THE MORTGAGE DOCUMENT.....along side yours.....just like any other proper legal document, not outside as a love letter like yours is;)

 

It should state something like ....signed on behalf of Swift Advances

........Adolf Hitler or someone?????

 

sparkie

 

 

sparkie

[busterg]

All your documents refer to is .......that it is a mortgage APPLICATION/ PROPOSAL, you have signed it as a MOrtgage proposal .........it does not become an actual mortgage document unless it is signed by SWIFT ....INSIDE THE MORTGAGE DOCUMENT.....along side yours.....just like any other proper legal document, not outside as a love letter like yours is;)

 

It should state something like ....signed on behalf of Swift Advances

........Adolf Hitler or someone?????

 

sparkie

 

sparkie

 

That's what I thought:D But it says on the first page that it becomes a legally binding contract when they release the funds and they date the Legal Charge.

 

"not outside as a love letter like yours is" - I'd hate to get hate mail!

 

Where can I confirmation in a legal capacity that it must be signed inside - Seance with Hitler maybe?

 

Thanks for the giggles Sparkie

[frettful38]

That's what I thought:D But it says on the first page that it becomes a legally binding contract when they release the funds and they date the Legal Charge.

 

"not outside as a love letter like yours is" - I'd hate to get hate mail!

 

Where can I confirmation in a legal capacity that it must be signed inside - Seance with Hitler maybe?

 

Thanks for the giggles Sparkie

 

 

Hi busterg, it is really good that we are learning together, and I don't know about you but sparkie has been my biggest inspiration. I have learned so much through him, and can see that you are learning too.

 

I would love to share any information that maybe of help to you or anyone else who may need it. After all everything I have learned, well most of everything is becasue of CAG.

 

I don't know if yours and my situation is the same because I believe you have a mortgage and I have a secured loan. My secured loan is a 2nd charge on my property, my mortgage is the 1st charge. If there is any way that I can be of help please ask as I will be more than pleased to do so.

 

 

Even though we learn a lot from CAG it don't do no harm in trying to get as much as information ffrom as many places as we can, after all it is all beneficial not only to us but to others too.

 

Good luck with all the hard work you are doing, and let me know if you need any information:grin:

[Sparkie1723]

I have just sent the OFT copies of 4 CCA regulated agreements that Customers have enterd into with Swift Advances PLC..................Not much to shout about folks may think............BUT here is the crunch ...To enter into CCA regulated agreement activity the Lender must hold a CCA licence issued by the OFT..........to trade without a licence is a CRIMINAL offence ....and guess what Swift Advances Plc have not been issued with one........another nail in the coffin;)

 

 

spakie

[busterg]

I have just sent the OFT copies of 4 CCA regulated agreements that Customers have enterd into with Swift Advances PLC..................Not much to shout about folks may think............BUT here is the crunch ...To enter into CCA regulated agreement activity the Lender must hold a CCA licence issued by the OFT..........to trade without a licence is a CRIMINAL offence ....and guess what Swift Advances Plc have not been issued with one........another nail in the coffin;)

 

 

spakie

 

Sorry to burst the bubble Sparkie but here you go:

 

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)

 

 

Public Register

 

Do you know something else?

 

Swift 1st dont have one as it lapsed last year but, I believe it doesn't matter because it only relates to regulated agreements.

 

I raised this last year with them.

[busterg]

Received this email this from OFT

 

We would like to clarify that Swift has not applied to add Kestrel Holdings Limited as a trading style to its licence nor applied for a licence to cover that company. Instead Swift has sent OFT a notification that Andrew Punch and Kestrel Holdings Limited are now officers of Swift Advances Plc.

The notification is in compliance with section 36 of the Consumer Credit Act 1974 which places a statutory requirement on licensees to notify OFT of such a change within 21 days of it happening. OFT is in turn required to update the Public Register accordingly.

 

Event Details

 

Licence Details:

 

 

Licence/Application Number Licence Status Applicant/Holder Name 0391618 Current Swift Advances plc

Event Details:

 

 

Event Number Event Type Date of Receipt Closed Date Status 26 Notification 12-Feb-2010 Open

Licence Event Details:

 

RoleNameActionOfficerAndrew PunchPendingOfficerKestrel Holdings LimitedPending

 

 

 

Im missing something. Why bother to do this? Anything to do with what Saprkie unearthed? Makes me wonder.

 

This the same guy? - http://uk.linkedin.com/pub/andrew-punch/5/952/932

Edited February 27, 2010 by busterg

[Sparkie1723]

The bubble isn't burst mateyt I can assure there is stuff that Iam not going to post but when it does come out you will see "old sparkie" will be right;)

Remember .....you brought this up last year..... a lot has been discovered since then;)

 

sparkie