Swift Advances. Secured Loan Charges reclaim

[lesterlass]

Sorry Sparkie,

MY SPELLING!!!!!!!

 

I knpw they went bust but they are trading under Promice loans and have several web sites, still at the same address in Wolverhampton.....

 

Here is a link to there web sites

 

Contact Us - Promise

 

http://www.promisefinance.co.uk/about-us.aspx

 

LL

[Doc2527]

Hi Sparkie

 

I'd be very interested to have a read at it if that's OK with you?

I'll pm you my email.

 

Many thanks

 

Doc

[lesterlass]

Companies House web check

 

Name & Registered Office:

PROMISE SOLUTIONS LIMITED

PROMISE HOUSE GOODYEAR

STAFFORD ROAD

WOLVERHAMPTON

WEST MIDLANDS

WV10 6AD

Company No. 04822774

 

 

Status: Active

Date of Incorporation: 06/07/2003

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

6523 - Other financial intermediation

Accounting Reference Date: 30/06

Last Accounts Made Up To: 30/06/2009 (TOTAL EXEMPTION SMALL)

Next Accounts Due: 31/03/2011

Last Return Made Up To: 06/07/2010

Next Return Due: 03/08/2011

Last Members List: 06/07/2010

Previous Names:Date of changePrevious Name22/03/2004PROMISE FINANCE LIMITED23/12/2003AGS DORMANT 29 LIMITEDName & Registered Office:

PROMISE SOLUTIONS LIMITED

PROMISE HOUSE GOODYEAR

STAFFORD ROAD

WOLVERHAMPTON

WEST MIDLANDS

WV10 6AD

Company No. 04822774

 

 

Status: Active

Date of Incorporation: 06/07/2003

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

6523 - Other financial intermediation

Accounting Reference Date: 30/06

Last Accounts Made Up To: 30/06/2009 (TOTAL EXEMPTION SMALL)

Next Accounts Due: 31/03/2011

Last Return Made Up To: 06/07/2010

Next Return Due: 03/08/2011

Last Members List: 06/07/2010

Previous Names:Date of changePrevious Name22/03/2004PROMISE FINANCE LIMITED23/12/2003AGS DORMANT 29 LIMITED

Name & Registered Office:

PROMISE SOLUTIONS LIMITED

PROMISE HOUSE GOODYEAR

STAFFORD ROAD

WOLVERHAMPTON

WEST MIDLANDS

WV10 6AD

Company No. 04822774

 

 

 

 

 

 

 

 

 

 

Status: Active

Date of Incorporation: 06/07/2003

 

Country of Origin: United Kingdom

 

 

 

 

Company Type: Private Limited Company

Nature of Business (SIC(03)):

6523 - Other financial intermediation

 

 

 

 

Accounting Reference Date: 30/06

Last Accounts Made Up To: 30/06/2009 (TOTAL EXEMPTION SMALL)

Next Accounts Due: 31/03/2011

Last Return Made Up To: 06/07/2010

Next Return Due: 03/08/2011

 

 

 

 

Last Members List: 06/07/2010

 

 

 

 

Previous Names:

 

 

 

Date of change

Previous Name

 

 

22/03/2004

PROMISE FINANCE LIMITED

 

 

23/12/2003

AGS DORMANT 29 LIMITED

 

 

 

　

　LL

[lesterlass]

Name & Registered Office:

PROMISE MORTGAGES LIMITED

PROMISE HOUSE

GOODYEAR STAFFORD ROAD

WOLVERHAMPTON

WEST MIDLANDS

WV10 6AD

Company No. 04822778

 

 

 

 

 

 

 

 

 

 

Status: Dissolved 17/11/2009

Date of Incorporation: 06/07/2003

 

Country of Origin: United Kingdom

 

 

 

 

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7499 - Non-trading company

 

 

 

 

Accounting Reference Date: 30/06

Last Accounts Made Up To: 30/06/2007 (DORMANT)

Next Accounts Due:

Last Return Made Up To: 06/07/2008

Next Return Due:

 

 

 

 

Last Members List: 06/07/2008

 

 

 

 

Previous Names:

 

 

 

Date of change

Previous Name

 

 

23/12/2003

AGS DORMANT 30 LIMITED

 

 

 

　

　

[Sparkie1723]

This has gone by e-mail to Swift Advances plc....I have removed some personal details from the copy of the e-mail about agent brokers.....otherwise it is as I have sent it..........folks may find it useful.

 

sparkie

 

Civil Procedure Rule CPR 31.16

 

This request for information is made under Civil Procedure Rule CPR 31.16 in relation to the preparation of a Claim being drafted under Section 140 of the Consumer Credit Act 1974 amended 2006, by Mr and Mrs, hereafter referred to as “The Requestees”

 

1… The Directors and or the Chief Executive Officer ( CEO) of both Swift Advances plc and Kestrel Loans No 1 Ltd are requested provide the legal records and documents appertaining to the transaction referred to on page 2 of the History Notes supplied in the data supplied in response to our Subject Data Access request, which refers to the transfer of their account to Kestrel 1 timed at 8.56 on 18th April 2007

 

2… The Directors and or the Chief Executive Officer ( CEO) of both above stated companies are also requested to confirm that the Kestrel No 1 mentioned in this document is in fact Kestrel Loans No 1 Ltd company number 05143638 and not Kestrel No 1 Ltd company number 04345744.

 

3…Will the Directors and or the CEO of Swift Advances plc and Kestrel Loans No 1 Ltd reconfirm that the statements made in;

a) The companies audited accounts regarding the sale of all loans and the acquisition / buying of these loans are both accurate and true.

b) The statement made in an e-mail to Mr W.B Grace relating to the sale / transfer / assignment of their account is both accurate and true.

 

4…Will the Directors and or the CEO of Swift Advances plc ensure that the following information is supplied in the response to this CPR Part 31.16 request that was with held from the Subject Data Access Requests made to Swift Advances plc and Kestrel Loans No 1 Ltd who it was confirmed do not process personal data;

a) A copy of the statement of their account and all other data information, including History of Account that is being processed on the computer system programs called the “Emperor” system or “King” system, or any other computer program that may be being used by the two afore mentioned companies, Swift Advances plc and Kestrel Loans No 1 Ltd.

 

b) A full explanatory key code as to the meaning of any abbreviations used on these documents including what each of the analysis codes that appear on these History Notes

 

c) Ensure that entries are not removed or deleted from these documents as has been on previous data records.

 

d) A copy of the Title Indemnity Insurance Policy which is referred to on their credit agreement and for which they have paid for.

 

e) Confirm that the payment for this insurance was a stipulation that unless this was paid for by the borrowers the loan would not have been granted

f) A copy of all information extracted from a CD that was passed on to Olympian Finance Ltd, as the information that was downloaded onto that CD must still be on a computer system being run by either and / or both of the afore mentioned companies.

 

g) An explanation from Mr Mark White the Risk Manager of Swift Advances plc as to why he stated under oath in two Court proceedings that Swift Advances plc do not have any agents, nor do they pay commission as such to any and all brokers/agents used by Swift Advances plc, and provide the documents from which he made his statement from which he formed his professional opinion that convinced him to make such statement.

 

h) Will the Directors or CEO of Swift Advances plc and Mr White confirm or refute this statement made by Mr Peter Lewis the managing director of one of Swift Advances plc designated, named and appointed agent/broker representatives;

 

To: ???????????@live.co.uk Date: Mon, 9 Nov 2009 11:37:20 +0000

Subject: Re: Hi Peter

From: peter@???????????

 

Hi ???????

Just to confirm when i was managing director of the funding network loans ltd we

had a full agency agreement with Swift Advances PLC and placed both first and

second charge business with them.

regards

Peter Lewis

 

i) Will the Directors and or the CEO of Swift Advances plc explain the statement in their yearly audited accounts of 2007 to 2008 that commission and brokers fees of £19.2 million was paid to brokers, and provide a full explanation and full breakdown of what proportion of this £19.2 million was brokers fees and what proportion was commission.

 

j) Explain why the brokers fees in these accounts are claimed as a tax deductible expense, when it is fact that the Requestees of this CPR request who paid the brokers fees appertaining to their loan, as do all other borrowers , and who are charged interest on them for the period of their loan.

 

k) Explain that if it is true that Swift Advances plc pay these brokers fees why are the borrowers forced to pay them.

 

l) Will the Directors and or the CEO of Swift Advances plc provide the written instruction given by the Requestees to Swift Advances plc that is stated to have been given in the letter received along with their cheques for their loan.

 

m) Will evidence of the request for two separate cheques to be made payable to each loan separate applicant, when their application was a joint application, be provided as this means that each borrower is only responsible for 50% of the loan amount separately and severally and not jointly, as is stated in the terms and conditions of the credit agreement and therefore each are responsible only for 50% of the repayments.

 

n) Will an explanation be given as to why the monthly payment to the true legal company owners of the parties loan is constantly and consistently being refused to be accepted as payment by that company

 

o) Will Mr Webster the CEO of Swift Advances plc explain exactly what he meant in the statement below;

“The transactions referred to in our accounts refer to loans that were sold by equitable assignment which is a valid and enforceable sale that transfers all the benefits,interest and liabilities of the loans”.

Taking the following into consideration;

Equitable Assignment: an equitable assignment is created when one or more of the provisions of section 136 of the Law of Property Act 1925 is not met, provided the intention to assign is present between the parties.

 

In contrast to a legal assignment, the new lender, as the equitable assignee, must join the existing lender, as assignor, in any action on the debt. The mostsignificant difference between a legal and equitable assignment arises if theborrower is not notified of the assignment. If the borrower is not notified ofthe assignment, the new lender will be subject to all equities (for example,mutual rights of set-off) which arise between the existing lender and theborrower, even after the loan has been assigned.

 

Novation: Novation is the only way in which a lender can effectively 'transfer' all its rights and obligations under the Loan Agreement. The process of transfer effectively cancels the existing lender's obligations and rights under the loan, while the new lender assumes identical new rights and obligations in their place.

 

Therefore the contractual relationship between the transferring lender and the

parties to the loan agreement cease and the new lender enters into a direct

relationship with the borrower, the agent and the other lenders.

 

o) It would appear that the actual transaction surrounding the transfer of the account referred to in this CPR request is actually neither of these and yet it is or appears to be a combination of both.

A full and proper explanation is required as to which of the above is the

transaction that actually took place as the explanation by Mr John Webster CEO of Swift Advances plc is confusing to say the least.

 

 

p) Will Mr Mathew Payne Solicitor in the employ of Swift Group Legal Services

explain why he stated in his witness statement of truth on the Court Possession

application form stated himself to be an assistant solicitor, when he is held out

to be a qualified solicitor.

 

p) Will he also explain that because he is in the employ of Swift Group Legal Service and for whom he can only act for and call them their clients, submitted the aforementioned Claim form on behalf of Swift Advances plc who cannot be the clients of Swift Group Legal Services under the Solicitors code of conduct for in house solicitors.

 

q) Will an explanation be given as to why Swift Advances plc believe that the use of unlicensed trading styles is irrelevant and used in correspondence in Consumer related business despite it being a criminal offence under Section 39(2) of the Consumer Credit Act 1974 which has been confirmed as a criminal offence by the Office of Fair Trading

 

r) Will an explanation be given as to why Swift Advances plc used another unlicensed trading style to mislead borrowers, including the Requestees of this Part 31.16 request into believing they were dealing with a bona fide company, and explain why this trading style used the company registration of Swift Advances plc at the bottom of their headed note paper, which does not suggest that they are a trading style but a legitimate registered company. The name is of this company is “Eastern Counselling Department” the name of which has not been used for over 10 years.

 

The Requestees of this CPR 31.16 request reserve the right to submit a further CPR 31.16 request should the need arise.

 

The Respondent(s) are reminded that the response to this CPR request must be accompanied by a statement of truth, and reminded again of the Law of Estoppel and its intended use of.

[Sparkie1723]

Remember every one I am not a legal person of any description.....just a common retired auto spark ....so do not rely 100% on what I post ....it is our application...............but feel free to use anything you think may help your particular cause.

 

sparkie

[Gallahad]

Have some that!!! birdies, seems a mass migration could well be on the cards after that lands.

G

[frettful38]

Remember every one I am not a legal person of any description.....just a common retired auto spark ....so do not rely 100% on what I post ....it is our application...............but feel free to use anything you think may help your particular cause.

 

sparkie

 

 

Many an important man changed the face of history, Ghandi, Neil Armstrong, Muhammad Ali, Michel Jackson and how can I forget Elvis and none of them were legal people but still managed to place their names in history.

 

Lets hope your name goes down in history as the man who bought down swift , there is always a first time for everything and sparkie here's wishing you all the luck in the world, after all the hard work and effort you have put in to this battle winning is the only option and I am sure all will agree, apart from TIE, but whose going to notice a needle in a haystack with his comments .

 

Keep the fight up

[Sparkie1723]

I suggest that everyone should ask Swift Advances plc and Swift 1st Ltd to provide a full statement as to all fees and charges applied to their account via Eastern Counselling Department as they have been applied whilst committing a criminal offence under sect 39(2) of the Consumer Credit Act 1974.....eg £250 Counselling fee there will be others.....and they are unlawfull....."no one should gain and no-one should lose as a result of a criminal action.........The OFT have confirmed that to use an unlicensed trading style to carry out consumer related business is a criminal offence.

Do not request these charges back........DEMAND them.

 

sparkie

[Sparkie1723]

I see we have two guests!!!???....If people want to view threads why do they not join CAG and make themselves known.......it is still a fee country up till now but, the way things are going ....it does not appear that it will be for much longer.....that is for the working class anyway !!!....Just my opinion....WE ARE STILL ENTITLED TO THAT .....I think....might have changed already and we haven't been told yet:)

 

sparkie

[lesterlass]

There have been lots of guests since you posted about NI........

 

I think a little birds feathers are ruffeled wings are flapping rappidly on the flight downwards:D:D

 

LL

[welshperson3]

A Little something i think might help if anyone is thinking of starting a unfair relationship claim,

 

C-243/08 Pannon GSM Zrt. v. Erzsébet Sustikné Győrfi

. (1) In this case the following question was raised. Does the consumer protection provided by Directive [93/13] require the national court of its own motion – irrespective of the type of proceedings in question and of whether or not they are contentious – to determine that the contract before it contains unfair terms, even where no application has been lodged, thereby carrying out, of its own motion, a review of the terms introduced by the seller or supplier in the context of exercising control over its own jurisdiction?

(2) By this question, the referring court asks the Court about the obligations on the national court, by reason of the provisions of the directive, in order to determine whether the national court, in the context of assessing its jurisdiction and irrespective of the type of action, must rule, if necessary of its own motion, on the unfairness of a contractual term.

. (3)The court seised of the action is therefore required to ensure the effectiveness of the protection intended to be given by the provisions of the Directive. Consequently, the role thus attributed to the national court by Community law in this area is not limited to a mere power to rule on the possible unfairness of a contractual term, but also consists of the obligation to examine that issue of its own motion, where it has available to it the legal and factual elements necessary for that task.

(4) The Court (Fourth Chamber) hereby rules: The national court is required to examine, of its own motion, the unfairness of a contractual term where it has available to it the legal and factual elements necessary for that task. Where it considers such a term to be unfair, it must not apply it, except if the consumer opposes that non-application. That duty is also incumbent on the national court when it is ascertaining its own territorial jurisdiction.

WP3

[sweetjane]

Hi all

Sparkie you old rascal! I think I'll copy that email of yours for info for the Ombudsman. Just as a bit of background info when they're considering my case you understand. Beautifully crafted if I may say for a "common retired auto spark"!!!

SJ x

[Sparkie1723]

Hi all

Sparkie you old rascal! I think I'll copy that email of yours for info for the Ombudsman. Just as a bit of background info when they're considering my case you understand. Beautifully crafted if I may say for a "common retired auto spark"!!!

SJ x

 

Thank you sweetiejane,

You really do have a way of charming us old age pensioners:)....... use anything you think will help.

 

X sparkie

[frettful38]

Just a general question, I know that swift are unregulated as so is my lender and I wanted to know can the FOS handle complaints for unregulated loans? As I have received an email from David Blocksidge who has advised me

 

 

Dear Mrs,

 

Thank you for your e-mail of 27 July regarding your agreement with Blemain Finance Ltd. As you have been advised by our Enquiries and Reporting Centre the OFT does not have the ability to assist individual consumers in their disputes. I am sorry that we are unable to assist you with this matter. As the Financial Ombudsman Service does not deal with unregulated agreements it may be useful to you to consult independent legal advice or sources of free advice such as your local Citizens Advice service.

Kind Regards

David

[26072004]

This does not seem right the FOS deal with all loans under the 1974 consumer credit act.

 

Do you have a copy of the original credit agreement, this should state who you need to make complaints too.

 

If it states the FOS which I assume it must, call them and ask for a manager, get their name so you can write to them direct.

 

What good is an ombudsman service that refuses to help.

[determindator]

Hello Sparkie, re post 3502 I would like a copy of the email sent to me please. You may have my em address but if not to hand I can PM. How can our government system allow unregulated companies like swift to operate to the detriment of the economy, not to mention the social impact but they don't bother about that side of things. How it affects family life and health. As they only understand the word 'economy' they are short sighted if they don't see the longer people are struggling to pay extortionate interest loaded loans with unfair charges, people can't save or spend. Both important aspects to boost the economy. It's the modern way of being shackled in a prison.

 

Swift advise all claims regarding PPI are sent directly to the broker. Britannia Capital Securities a broker for Swift, it seems were acquired by Chelsea B/socy.I will contact Chelsea B/Soc see what the response is. I contacted the underwriters 'Premier Writers Ltd' who still exist and they suggested a letter to broker and copy to them. I will have statements to date so I can't wait to see how much has actually been paid to Swift, I'm hoping the principal could be paid by now. It's the extortion of interest and charges I can challenge which affects the redemption figure. It's something outrageous to escape them and it shouldn't be allowed.

[landy_alert]

This does not seem right the FOS deal with all loans under the 1974 consumer credit act.

 

Do you have a copy of the original credit agreement, this should state who you need to make complaints too.

 

If it states the FOS which I assume it must, call them and ask for a manager, get their name so you can write to them direct.

 

What good is an ombudsman service that refuses to help.

 

Hi 26072004:-)

 

In my own case the FOS refused to investigate my unregulated Swift complaint when asked to - they said because it dated from pre 6th April 2007 (it was taken out during 2006 and settled late 2007). They said consumer credit only fell within their jurisdiction as from that date and anything earlier they couldn't investigate.

 

I tried the FLA but they were an utter waste of space.

 

Landy x

[Sparkie1723]

Hi Determinator,

WE..... I do not want to say who we are....BUT...we have almost proved beyond doubt that what you say is absolutely true in that money is being "exported" out of the country and disappearing never to be seen again.....which does exactly what you say ....affects the country's economy.

we are moving the smoke screen away little by little.

 

Do you mean you want a copy of my draft unfair relationship claim? if so pm me your email address again and I'll send you it no problem.

Also I have something to ask everyone and will be pm'ing every one who will agree to the pm ...if I may....you will all find it very important but I can't post it..its something I want you all to do.

thanks

 

sparkie

[sweetjane]

I wonder with the new Consumer Protection and Markets Authority (CPMA) being set up by the Treasury whether as a group or even as a site we could put evidence to the select committee - not just about Swift but about how badly consumers are served by the Financial Industry? I know we all have stories to tell. I'll post this on the FOS page and if anyone can think of anywhere else - great.

 

New Inquiry into Financial Regulation - UK Parliament

[jacqui_o]

I agree to the pm...:) they have made some incorrect entrieson my account and also faile dot comply with the sar...

[frettful38]

Is the the same stuff you emailed me sparkie or is this unfair relationship pm something different, if it is then please send me a copy too, thanks. I have also sent you an email which I am sure you will find interesting.

Take care and thanks again

[Sparkie1723]

Is the the same stuff you emailed me sparkie or is this unfair relationship pm something different, if it is then please send me a copy too, thanks. I have also sent you an email which I am sure you will find interesting.

Take care and thanks again

 

Hi frettful38,

 

It only affects Swift Customers ...no help to you what so ever....worse luck..

Sorry

 

sparkie

[Doc2527]

Hi Sparkie

 

I agree to you pm'ing me.

 

Regards

 

Doc

[lesterlass]

Hi Sparkie

 

Have read the PM with you all the way............

 

On a lighter note just came across this :lol:

 

 

 

 

Loan SeekerLoans – Mortgages – Remortgages

 

UK Lenders

The Swift Group

 

The Swift Group is a leading loans provider that is located in the UK and works with the Alchemy group. The Swift Group is regulated and licensed by several organisations to provide the peace of mind that many people knowing that the Swift Group is bonded and licensed through different resources. The Swift Group is dedicated to bringing the best products and services to their consumers as possible.

The Swift Group is a proud member of the UK lending community believing that customer service should come before the business at hand. The Swift Group offers loans for various needs from £3,000 to £1.25 million.

The Swift Group a large company that can assist most customers in the loan and mortgage of their choice. The Swift Group have several services that can be obtained through a small screening process.

Swift Group Loans & Mortgages

 

While the Swift Group loans options are slim the company works one on one with potential borrowers. The Swift Group feels that their practice is very customer friendly and it does not automatically dismiss you if your credit is poor or your income is not up to par. The Swift Group will work with you to try to come to a good solution for all parties involved. If information is not clear or you missed options in your loans package, the Swift Group claims it will help you any way possible.

 

 

The Swift Group will process your application the very same day it is received meaning that you can obtain an answer for your Swift Group loans application quickly and efficiently.

Swift Group Loan Options

 

The Swift Group provides several types of loans for personal reasons. As a borrower, you will be able to fill out the Swift Group loan paperwork and talk one on one with a consultant.

Swift Group Mortgages

 

The Swift Group also presents several different styles of mortgages to their customers: first charge mortgages, second charge loans and a buy-to-let option.

The Swift Group first charge mortgage is simply that the property that is being purchase belongs to the Swift Group if you do not meet the payment requirements. The Swift Group second charge loan is similar to the first charge mortgage, however there is a twist. If you do not meet the payments, the Swift Group cannot claim the property unless all the legal responsibility to the first charge holder has been dealt with. If you are thinking of purchasing a property or re-mortgaging a property to rent out, the buy-to-let option might be suitable for you. This can be used for an investment purpose or to have extra cash in your pocket each month.

 

Copyright © 2010 Loan Seeker.

 

LL