Swift Advances. Secured Loan Charges reclaim

[Dougal16T]

Good morning again,

 

Thanks to Lesterlass - that was a great help. I cannot however see where Judge Waksman has made any comment concerning secret commission apart from referring to : Panama & South Pacific Telegraph Co. v India Rubber, Gutta Percha, and Telegraph Co. [1875] 9 Ch App 515, 527, 532-3).

 

 

Am I not looking in the right place?

 

 

As always best wishes to all

 

Dougal

[paulwlton]

Good morning again,

 

Thanks to Lesterlass - that was a great help. I cannot however see where Judge Waksman has made any comment concerning secret commission apart from referring to : Panama & South Pacific Telegraph Co. v India Rubber, Gutta Percha, and Telegraph Co. [1875] 9 Ch App 515, 527, 532-3).

 

 

That's cos he didn't.

[Dougal16T]

Morning and thanks for the info...

 

I did not think that Waksman made any reference to Secret Commissions in the case of Carey -v - HSBC, because having read the transcript 3 times I could not see it! So I am very grateful to you for confirming what I had seen!

 

Very good wishes

 

As ever

Dougal

[lesterlass]

Glad to be of help Dougal......... NO WONDER I COULD NOT FIND ANY REFERENCE :D

LL

[sweetjane]

Just catching up with the last few pages. Brilliant news Sparkie - well done Has anyone else had a letter from the Compliance Team recently with no name at the bottom - just "Compliance Team" and a squiggle for a signature? Are they getting worried about what they're putting their names to?

[Marky1701]

Just catching up with the last few pages. Brilliant news Sparkie - well done Has anyone else had a letter from the Compliance Team recently with no name at the bottom - just "Compliance Team" and a squiggle for a signature? Are they getting worried about what they're putting their names to?

 

Hi SJ,

 

They probably have that many letters to sign from their compliance team and complaints departments that the sheer bulk of them means they dont have sufficient time to sign them properly?

[Guest blackie]

Probably just computer generated letters, they won't even know who they are sending them to.

[sweetjane]

Oh no this was a several page response job - def not computer generated

[landy_alert]

Oh no this was a several page response job - def not computer generated

 

Hi SJ:)

 

My last two from the Complaints team and previous one from the Compliance team both have this squiggle for a sig and no name - they are also not template letters

 

Landy x

[Marky1701]

Hi SJ:)

 

My last two from the Complaints team and previous one from the Compliance team both have this squiggle for a sig and no name - they are also not template letters

 

Landy x

 

Hi Landy /SJ

 

Anything of substance in your replies to your complaints you can share with the group?

 

m

[mrsiphone]

Good evening Sparkie, and everyone,

 

Just three things:

 

1. Very well done.....

 

2. Is this a 'blanket' Full Discovery/Disclosure Order covering all litigation against Swift...current or proposed?

 

3. I still cannot find the reference that Judge Waksman made to conmmission in Carey - v - HSBC Bank in 2009 - can you please help as I do need this urgently?

 

As always very best wishes

 

Dougal

 

Hello Dougal I wish I had seen your post sooner.

 

Commission and Carey was discussed in this thread

 

http://www.consumeractiongroup.co.uk/forum/swift-advances/223150-secret-commissions.html

 

If you are looking for case law with regard to secret commission I would say look at this thread

 

http://www.consumeractiongroup.co.uk/forum/welcome-finance/252514-welcome-finance-secret-commission-7.html

[landy_alert]

Hi Landy /SJ

 

Anything of substance in your replies to your complaints you can share with the group?

 

m

 

Hi Marky:)

 

Mine relate mainly to my request for the Underwriting Sheet, eg, they confirm that a payment was made by them to the introducer which included an element of commission, but they say a substantial part of this comprised a fee for the work carried out by the introducer in packaging the mortgage offer. They don't believe the commission was undisclosed and they enclose a highlighted copy of the signed declaration form and extract from the FISA booklet regarding payment of commission. They conclude one letter by saying that generic disclosure such as this has been confirmed by recent case law to be sufficient to negate secrecy.

 

A lot of it is waffling on that they have already responded to my questions and feel they have no requirement to add anything further.

 

Hope this helps!

 

Landy x

Edited May 5, 2010 by landy_alert
Typo......

[Marky1701]

Thanks Landy

[sweetjane]

Sounds like a carbon copy of my letter Landy See my post on Secret Commissions thread. I'm sending it on to OFT and FSA.

[landy_alert]

You're welcome Marky

 

......and SJ, I've just popped over there to have a look and yes it is the same. Mine is heading off to the OFT and FSA too

[lesterlass]

Swift changing management again!!

 

 

Ex-GE Money Home Lending COO Andy Punch, is set to take up the same role with Swift Advances, the secured loan specialist owned by Alchemy Partners.

Punch was previously the Chief Executive of debt recovery firm, Westcot Credit Services but has been working with Swift for sometime as Westcot are also owned by Alchemy. Full story here.

 

News

 

Wescot appoints chief executive - 08/04/2010

 

Debt recovery firm Wescot Credit Services has made changes to its senior management team, appointing chief operating officer Paul Jenkins as chief executive.

 

Jenkins has been leading the management team since November last year while Andy Punch, who was chief executive up until 1 April, has been assisting secured loans specialist Swift Advances. Swift is also owned by Wescot’s parent company Alchemy Partners.

 

Punch will take up a permanent position at Swift as chief operating officer but will retain a non executive director role at Wescot.

 

Jenkins said: "Alchemy asked Andy to provide assistance to Swift as he has a lot of knowledge and expertise in the secured lending space.

 

"We were in a comfortable position for Andy to do that. The change programme within the firm was well underway and going in the right direction, and with the robust management structure here at Wescot, we were able to oversee a seamless transition. There was no loss of momentum."

 

Jenkins, who was appointed chief executive on 1 April, added: "Since the acquisition by Alchemy we have invested heavily in bringing in professional and experienced external management."

 

He explained that Wescot has invested about £3m in capital during the past 18 months in five main areas of the business.

 

These included the firm’s core telephony platform, bespoke data warehousing, developing bespoke strategies down to individual debtor level for clients and improving and extending payment mechanisms for debtors. A key priority for the company this summer will be product development.

 

GE Money Home Lending is to lose its chief operating officer Andy Punch at the end of July.

Advertising

 

In a memo leaked to Money Management, Colin Shave, chief executive of the business, said that Punch had decided to leave the company to pursue other opportunities and confirmed that the business had not yet identified a successor to Punch.

Shave added: "His personal contribution to the business and depth of knowledge in the mortgage industry has helped us to stay abreast of market changes and build a strong operations team, which is well equipped for today's challenging environment."

Punch joined the business in the iGroup division in 2003 and was promoted to the position of chief operating officer following the departure of Peter Brennan, who left to join arch rival Money Partners.

Punch’s role included responsibility for all broker facing underwriting teams and related functions, customers services, arrears management and litigation including repossession actions.

In the internal memo, Shave asked staff to join the senior management team in thanking Punch for his "outstanding" contribution to the business over the last few years.

This latest news comes just days after GE Money confirmed a staff restructuring programme in its business to consumer division.

Edited May 6, 2010 by lesterlass
SPELLING!!!!!!

[frettful38]

Herbert Smith e-bulletin

 

sparkie, hope this is of some use for all to read, if not then general information. Hope your doing well.

[exclusivemember]

I don't know if I posted in the right place but really need some help with this letter below please. I do not know what to do.

 

 

http://farm4.static.flickr.com/3315/4587949593_6de5a9bc9d_b.jpg

[lesterlass]

Hi EM you are in the wrong forum try here you will get alot of help

 

Bailiffs and Sheriff Officers - The Consumer Forums

 

LL

[frettful38]

Hi sparkie, lets hope that soon swift will be next,

 

OFT announces criminal charges against north London credit company - The Office of Fair Trading

[frettful38]

Hi sparkie sent you a pm mate.

[frettful38]

To substantiate the fact that even under unregulated agreements a lender MUST send a default notice ...it does not have to conform to the strict requirements of a CCA regulated agreement .........never the less they have got to send one ...the paragraph below is taken from Mark Whites statement of truth he submitted to the Court

 

28. On 9 June 2008, with arrears standing at 2.0 months, Swift sent a Default Notice on an Unregulated Agreement to the borrowers.Mr George telephoned Swift on 11 June 2008 and advised that the Direct Debit had been cancelled and that he was taking advice from Cheshire Trading Standards.

 

Who is this Mr George by the way:) I'll have to get a copy of the recording of Margarets ex husband poking his nose in:(

 

 

sparkie I can understand that you must be very very busy with all that you are doing but was hoping to ask you or anyone else who knows about the statement and post above.

 

I know that CCA regs make it very clear about the issue of correctly formated DN's, but when it comes to un-regulated agreements and issues of DN's then this is a complete separate thing. I have searched high and low about the requirements for lenders who issue non regulated secured loans and have found no information obliging the lender to issue a DN on an un-regulated secured loan.

 

If there is any case law or evidence to back the above statement please could you post up or point me in the right direction where I should look for it please. I would be very grateful as time is ticking for me and really need to get a move on.

 

I look forward to hearing from you soon.

 

best wishes

 

frett

[Marky1701]

The Conservative-Liberal Democrat coalition government today pledged to look at ways of breaking up the banks, imposing a punitive levy on their businesses and clamping down on "unacceptable bonuses".

 

Anxiety about how such plans would be implemented loomed over the UK banking sector today after Vince Cable was named business secretary.

Cable, the former Liberal Democrat Treasury spokesman, is also believed to have been handed responsibility for banks. This means that the MP who launched some of the most outspoken attacks on the greed and excesses in the City is now being unleashed on the financial services industry.

 

The coalition government appears to have backed down on the Conservative plans to disband the Financial Services Authority but intends to hand more powers to the Bank of England

 

Interesting stuff - Mr. Cable is not afraid to have a go at the banks - I wonder if he has ever heard about our favourite little bird?

 

m

[frettful38]

sparkie could you please contact me urgently please, by pm or email, thanks

[Guest takeiteasy]

Sparkie - what's happening? All seems very quiet indeed. Did any of the big news from Belfast materialize?