Swift Advances. Secured Loan Charges reclaim

[shoops]

Hi all

 

I'be been browsing this forum for a few days and hopefully one of you could answer a question for me.

 

I was evicted by Swift earlier this year. While i cant really argue with the eviction itself because we were in serious arrears, i can certainly argue with the cost of it. I wont bother going into detail about this, (Unless anyone is interested in the fine detail) but i'm now trying to get my head round the charges and there seems to be many irregularities. I sent a SAR and the reply i got was a joke, there was no detail at all. I'm now writing a very long list of exactly what information i want from them.

 

I'm looking at the list of transactions they sent through and obviously (because this is Swift) there are lines and lines of extortionate charges. Which brings me to my question, at the end of each line there is a "Total Owed Balance" Would i be right in thinking that if line 23 ends with a Total Owed Balance of £10,000 and line 24 is an arrears charge of £23, the Total Owed Balance at the end of line 24 should be £10,023? I ask because the balances seem to jump about £180 when the charge is only £23. I suspect it is right and i'm missing something but any advice would be gratefully received.

 

Regards

 

Shoops

[42man]

They may have made a mistake or they may have added a monthly 'management' fee....Was there any PPI on the agreement (did you use it) ? When did you take this out ? Did you know about the 'undisclosed' commission that Swift paid to the broker ?

[shoops]

Thanks 42man. There was no PPI and there are several "Management Charges" of £70 on the list so they seem to have been charged in their own right. I took the mortgage out in 2007. I've added a question to my subject access request about the commission that Swift may have paid to the broker without my knowledge. I paid the broker £2000.

[Smarterchick]

Who were the solicitors which issued the proceedings against you shoops, when did they begin repossession and when did they repossess you exactly?

[lesterlass]

Hi Sc

 

I have read in 1 of your posts (cant find it again) that Swift Group Legal Services registered in 2007? do you have anymore on that?

 

thanks

 

LL:-)

Edited November 2, 2010 by lesterlass
meant SC not SS

[Smarterchick]

Swift Group Legal Services took over from J W Godfrey in February 2008 as in-house solicitors for both Swift Advances plc and Swift 1st Limited. Matthew Payne was assistant solicitor for JW Godfrey and then became head honcho for Swift Group Legal Services

[lesterlass]

Thanks SC I thought so,

 

I have the paperwork from the court stating Swift Group Legal Services were taking over that was dated 1st FEB 2008 signed by MAthew Payne.

 

J W Godfrey was not employed by SGLS was he. I was hoping it was formed before that date.

 

LL

[sweetjane]

That's music to my ears Doc!!! We're at a critical time this week so any bad news for Swift is hopefully good for us. Shoops - have you got a copy of Swift's tariff? There is one on their website now. If you were in arrears you might have had a monthly management charge but there shouldn't be other charges that month especially if you were in contact with them or it was being handled by their legal department. Did they write advising you of the additional charges as they were about to be applied - this is supposed to give you a chance to pay those charges instead of having interest added to them. Swift are not very good at doing that - well they certainly weren't in the past. Ask them for clarification on charges and if you don't get a satisfactory answer go to the FOS. They have prooved very helpful to me at getting charges refunded - not on all other charges but certainly on that one. Good luck!

[shoops]

Wow, thanks for the responses.

 

I'm looking at the notice of eviction and it just says Swift 1st Ltd. There was one previous hearing to evict me which i avoided with a payment but as far as this one goes the court notice of eviction is dated 25th March and the eviction took place on April 26th. We tried to avoid the eviction with a last minute appeal at court on the morning of the eviction but it failed. Their solicitor didn't even turn up. They sent a fax saying they would only agree to putting the eviction off if we paid the arrears in full. They even charged us £245 for "

Solicitors charge to attend court hearing.”

[shoops]

Hi sweetjane

 

They sent notices of the interest rate going up but never about charges being added to the debt. I think i'll post this afternoon with some more details of the charges.

[lesterlass]

Hi Shoop was it this year, and who were the solicitors

 

LL

[lesterlass]

Hi Shoop was it this year, and who were the solicitors

 

LL

[shoops]

Hi LL

 

Yes it was this year, April 26th. As far as i know they just used their own in house court solicitor. The court doc just says Swift First Ltd

 

Shoops

[lesterlass]

Hi Shoops

It should say on the documents somewhere who the solicitors were. They often use a local solicitor for the actual hearing but all the paperwork beforehand will be done usually by there in house solicitors, Swift Group Legal Services, if they have used them they are committing an offence.

I have reported them to the Solicitors Regulation Authority.

 

LL

[Smarterchick]

Shoops, somebody has been liaising with you with regards to this litigation - who was it? Have you been written to and had correspondence from Swift Group Legal Services about this repossession?

 

ooo! we have 4 guests Hallo Swift !!

[Apollo18]

Hi All,

 

shoops.....It's worth e-mailing the details of your experience with Swift to David Blocksidge at the Office of Fair Trading. He has a file on Swift that is growing all the time, and the more complaints he gets regarding the way Swift operate and apply outrageous charges without your knowledge the better.

 

The e-mail address for David Blocksidge is [email protected]

 

Apollo18

[shoops]

Hi LL

 

I've just phoned Swift and they confirmed the solicitor they used was their own in house solicitor. I'll add the question to my very long subject access request so i have the answer in writing.

 

Shoops

[shoops]

Smarterchick, the only advice i sought was CAB and they basically told us we didnt have a chance because of the arrears. The only time ive written to Swift was the SAR. I had a letter from Swift Group Legal Services12 days before the eviction saying they have obtained a date to evict me and then set out details of the arrears and how i would have 14 days to remove my possessions from the house.

 

Shoops

[shoops]

Hi Apollo18

 

Someone else suggested writing to David Blocksidge and Edward Allie. I emailed them and got this reply back....

 

I write to acknowledge receipt of your email and complaint about Swift Advances plc. Having read the email, I have reached the conclusion that the loan in question is first charge. Regulation of first charge mortgages, as you may be aware, falls to the Financial Services Authority (FSA) and complaints relating to them must be addressed to that authority.

Please find below information for dealing with the Contacts Centre at the FSA, to which you may wish to address your complaint.

Thanks Apollo18

Shoops

[Smarterchick]

That's correct shoops...FSA... Now, did Swift Group Legal Services ask you for payment? Yes or No?

[lesterlass]

Hi Shoops,

 

In other words Swift Group Legal Services. Bet they did not put a name the letter, maybe a squiggle for a signature. get all you have and report them to the SRA [email protected]

 

LL

[lesterlass]

Swift 1st Ltd and Swift Advances plc do not have their own in house solicitors capable of acting in legal proceedings and in any event they are now the so called in hose solicitors of SWIFT SECURITIES LTD.

 

THey have been added to the renewal application of the CCA licence of Swift Advances plc as trading style ...but they cannot use it until the full licence has been granted. It has also been confirmed by the OFT that they cannot be on two different companies licence.

LL

[Smarterchick]

Hi Shoops,

 

In other words Swift Group Legal Services. Bet they did not put a name the letter, maybe a squiggle for a signature. get all you have and report them to the SRA [email protected]

 

LL

 

 

Do that but....come back here first and lets chip away, word by word, detail by detail, squiggle by squiggle exactly what happened, then we can tell you what needs to be done, what advice to get and how to go about it...

[shoops]

Smarterchick

 

The Swift Group Legal Services letter says they have obtained a date to evict us. I will have 14 days to remove my possessions. It details the arrears on the accountwhich "Must be paid in full before (date of eviction) unless an arrangement has been made since we issued the warrant. If the arrears are not made or a satisfactory arrangement made, the court bailiff will take possession of your home on (date and time of eviction)" It goes on to say how i can make a payment and that i will be responsible for any shortfall if the sale doesn't cover the debt.

 

Shoops

[Smarterchick]

So it's like a debt collection letter really?