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    • It is important that you do the reading about this subject in the sub- forum. It's not complicated but you need to be in control and I don't think you are. For instance, much of the information you need and also the case transcripts that you're looking for are in the fixed topics at the top of this sub- forum but clearly you didn't know that. You will gain in confidence if you do the reading. Particularly as it now looks as if the mediation has not worked because EVRi have stayed you up and so you may now be going to trial. You need to understand thoroughly what you are doing. We will help you and you will find our support is unstinting but you have to do your part. Please spend a lot of time reading the stories on the sub- forum especially the pinned posts at the top of the sub- forum and then start preparing your court bundle. We have instructions here for everything
    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Swift Advances. Secured Loan Charges reclaim


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Thank you PK for your posts. Not only is my PPI included in the total of loan borrowed but so are the brokers fees thus increasing the interest of the loan yet again. This makes the figure quoted as the interest on the agreement, untrue. I will digest the info above before I write my letter to Swift.

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Thank you PK for your posts. Not only is my PPI included in the total of loan borrowed but so are the brokers fees thus increasing the interest of the loan yet again. This makes the figure quoted as the interest on the agreement, untrue. I will digest the info above before I write my letter to Swift.

 

 

 

Hi DM is your loan unregulated?

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There is also a title insurance premium added in too, which doesn't show on my original statement. I have a statement which I requested within the first year of the loan. I have another one I requested 4 years later and I have an up to date one. The up to date one which goes back to the beginning of the loan shows different entries to the original statement I requested. It is also in a different format. The original one showed a running total of debits and credits more like a bank statement but recent one does not and looks like a hand typed version, as I would expect if there was double accounting.

 

I keep finding inconsistencies which will all go in my letter. I will also copy my letter to who I think should investigate.

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Yep and in better shape than ever he was taken off this site by the powers that be, without any explanation funny though Jaws and Sparkle also seem to have gone as well, they are however up to their eyeball below the blankets, lol trying to keep up with his emails and letters and getting new licences etc to try cover up for themselves. I have it from the horses mouth that swift are in serious trouble and no amount of trying to cover up with new licences etc will get them off

problem is for swifties and kestrels sgls etc now is they cannot do all they were before, so watch this space they will be out of business very shortly.

pick up a penquin two systems for the price of one:?:

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funny how swift tried to get a new licence the day after the statements the bouys handed in over in N Ireland

now why would you try to fix something if it wernt broke in the first place

:jaw:

pick up a penquin two systems for the price of one:?:

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Yep and in better shape than ever he was taken off this site by the powers that be, without any explanation funny though Jaws and Sparkle also seem to have gone as well, they are however up to their eyeball below the blankets, lol trying to keep up with his emails and letters and getting new licences etc to try cover up for themselves. I have it from the horses mouth that swift are in serious trouble and no amount of trying to cover up with new licences etc will get them off

problem is for swifties and kestrels sgls etc now is they cannot do all they were before, so watch this space they will be out of business very shortly.

 

 

Hi All,

 

Perhaps we could and should have an explanation from the site team as to why he has been removed?

 

pkelly dont fall into the same trap as Sparkie and delude yourself and other Swift victims - you should have learned by now that statements such as 'from the horses mouuth' 'watch this space' and 'swift will be out of business very shortly' just invite renewed posts from TIE.

 

If it happens, I will be the first one down to Romford to give the departing Swift employees an F1 style champagne shower as they are escorted from the building - but somehow I doubt that will happen.

 

m

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By Liz Pulliam Weston

MSN Money

 

Questionable paperwork has halted foreclosures across the country -- and may give some troubled homeowners the leverage they need to stay in their homes.

A few borrowers have already used lenders' faulty documentation to get their mortgages legally erased in bankruptcy court. Others hope to use the problems as a crowbar to force lenders to reduce their principal or payments.

 

Bankruptcy or foreclosure?

"You can challenge not only the foreclosure, but (the legitimacy of) the mortgage," said attorney Stephen Elias, the author of "The Foreclosure Survival Guide: Keep Your House or Walk Away with Money in Your Pocket." "You make the allegation that 'we don't think you're going to be able to prove the ownership and the paperwork' . . . that's the thread that, if you pull it, the whole thing will unravel."

The problems stem from the way modern lending is done -- and the way lenders have struggled to keep up with a tidal wave of defaulting homeowners.

Many mortgages were sliced up and sold to investors shortly after they were made. Some pieces changed hands several times. Loan servicers -- the companies that actually accepted borrowers' payments to forward to the investors, and that are the ones to begin foreclosure proceedings -- don't always have the paperwork to prove who owns the loan.

In some extreme cases, banks foreclosed on the wrong homes, including some that were owned free and clear.

Will foreclosures get worse?

 

 

 

How loan servicers handled foreclosure filings in court is the latest issue. One of the core problems is "robo-signers," or people working on behalf of lenders who signed foreclosure documents without verifying the facts -- or even reading what they were signing.

After admitting widespread problems with foreclosure documentation, Bank of America, JPMorgan Chase and Ally Financial's GMAC Mortgage unit suspended tens of thousands of foreclosures in the 23 states where foreclosures go through the courts.

More loan servicers are expected to follow their lead, and the foreclosure freezes could spread to so-called "nonjudicial foreclosure" states where the court system isn't used. Meanwhile, attorneys general in several states have begun investigations, and House Speaker Nancy Pelosi, D-Calif., has urged the U.S. Department of Justice to do the same.

The big banks that provide these loan services say the problems are mere technical issues that typically can be fixed by substituting new paperwork.

Some judges aren't so sure. They say lenders have long ignored complaints about faulty paperwork and that flawed foreclosure cases should be tossed out.

Lenders are now facing the fallout from years of treating borrowers "so outrageously," said bankruptcy attorney Ike Shulman, co-founder of the National Association of Consumer Bankruptcy Attorneys.

"The banks have created a hostile environment for themselves by their cavalier attitude toward people trying to save their homes," he said. "People who have tried for six months, nine months, two years to save their homes . . . they were told the paperwork got lost or 'you're approved for a modification' and then they lost their home in a (foreclosure) sale the next day."

Some of the likely consequences of the scandal:

  • A huge mess for the courts. Experts predict a blizzard of lawsuits over past and current cases, with attempts to get the courts to undo foreclosures and evictions. "This is a huge, mega-issue," Shulman said. Foreclosures that were thought to be completed may come back to life "like a hangar-full of dead bodies started to wake up," he said.

  • A slower housing recovery. The longer it takes to resolve the foreclosure crisis, the longer the huge inventory of foreclosed homes will weigh on local real-estate markets. Buying a foreclosure may get tougher as title insurers get pickier about which homes they cover. The controversy could scare away potential buyers and lead to even lower home sale prices.

  • More time for struggling homeowners. Nationwide, the average foreclosure takes nearly 16 months to complete, up from 12 months a year ago, according to LPS Analytics. The foreclosure freeze and attendant regulatory scrutiny are likely to lengthen that wait in many states.

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"This post is for the odd doubter of sparkie predictions.....he has been advocating for a long, long time about the fact that Swift Advances plc NO LONGER own your loan ........they have sold it .....sparkie has the evidence.............and Swift have no right to sue....as Gallahads last post says ........."pull the string and it will all unravel".....and just like Pkellys post " straight from the horses mouth" .................the truth will out in Court before Xmas.........I'll give you one guess who is to be a witness to material facts .... "in the interests of the court" and in the "interest of Justice"

 

So doubters be ready for a custard in the gob

 

LL

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The article relates to US mortgages and unlike our government the US does not put pressure on the judiciary to protect the banks in their shabby business practices. However many of the deals leaked in to our banking system and when the first cards start to fall the whole house will follow unless somewhere down the line another political decision is made to protect.

G

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Sorry andrew i am not au fait with the intricacies of securitisation and i think the real issue is that these are just some of the shabby practices which the financial establishments world wide practice. Some light is beginning to penetrate in to the darkness of these transcactions and our legal protection provided to these institutions by having different rules on securitisation will not be tolerated by the wider regulators such as the US and European Union.

G

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Neither am I Gallahad, but you have followed the SPML thread and I'd suggest others who believe in the issue of ownership of these loans do the same and read the 360+ pages on that thread to see what has been discussed. I agree, this is the same scenario as Swift, but anyone wishing to go to court to argue this particular issue despite what has been found in hard evidence better find themselves a damned good barrister who understands the intracasies between both if they don't want to be landed with a huge legal bill.

 

I know what evidence is there and the individuals concerned know exactly what they are doing and what they have. It's not so simple believe me, some will make progress no doubt, but it ain't gonna be easy for those who don't really know and caution is the only word I can use to try and make people tread extremely carefully before following this through the court system.

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..but do you know the differences between US securitisation and UK and how that effects ownership of a loan or mtg?

 

Essentially, securitisation is the same on either side of the pond. What differs is the legal and regulatory systems that make it possible for consumers in the US to challenge ownership once it all descends into the opacity that led to the financial crisis in the first place...and of course, repos in the US can quite literally be processed through & rubber-stamped by the courts like a sausage machine - quite often with dodgy paperwork. Unfortunately for the cavalier lenders, the more wiley consumers are now waiting for them with their attorneys ready to do battle when they get to court. I fear we do not have a quite so accommodating legal system here :sad:

 

atom

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"This post is for the odd doubter of sparkie predictions.....he has been advocating for a long, long time about the fact that Swift Advances plc NO LONGER own your loan ........they have sold it .....sparkie has the evidence.............and Swift have no right to sue....as Gallahads last post says ........."pull the string and it will all unravel".....and just like Pkellys post " straight from the horses mouth" .................the truth will out in Court before Xmas.........I'll give you one guess who is to be a witness to material facts .... "in the interests of the court" and in the "interest of Justice"

 

So doubters be ready for a custard in the gob

 

LL

 

Some of you never learn do you?

 

TIE get ready!!

 

Lets revisit this post with yet another prediction in January, and see which way the custard goes.

 

m

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Here is the message that has just been posted:

> ***************

> Will you do me a bg favour and post this on the Swift thread......specially for that Marky butdo not say so

>

> "This post is for the odd doubter of sparkie predictions.....he has been advocating for a long, long time about the fact that Swift Advances plc NO LONGER own your loan ........they have sold it .....sparkie has the evidence.............and Swift have no right to sue....as Gallahads last post says ........."pull the string and it will all unravel".....and just like Pkellys post " straight from the horses mouth" .................the truth will out in Court before Xmas.........I'll give you one guess who is to be a witness to material facts .... "in the interests of the court" and in the "interest of Justice"

>

> So doubters be ready for a custard in the gob

>

> Marky TIE has been taken of the site

>

> LL

 

 

Lesterlass, I know you edited your post but what you forgot was the email notifications we would all recieve.

 

Dont you think its time you started thinking for yourself.

 

Marky I am behind you on this one 100% as I know other Caggers are.

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Let's keep our heads here and not get personal. Swift has been an extremely difficult organisation to break through. For a variety of reasons certain things have gone differently from prediction and yes, some on here have been 'enthusiastic' about expectations. That said, many have worked tirelessly, some unsung, others well sung, but this has been an arduous task for all concerned and despite the rants and raves from both camps justice will prevail in the courtroom and nowhere else.

 

Once that happens then whoever comes good can say what they like, but lets not say this is dead until it is dead-it isn't and there is still lots more to come and much more to be tested. This company, from what I can see, has not exactly been co-operative and fight to the last even if they're wrong. They have barristers and a big kitty to fight with, we are LIP's and they know it. Just hold your guns from blazing at anyone until it's all over - this as sparkie once said, is being done for everyone, not just a selected few, but individual wars need to be fought first as this is the only way it'll work with companies like Swift.

 

Nothing goes on here on the threads just now, but you can be assured nothing has stopped no matter how bizaar some of you think others have been. Remember, all of you are in the same boat with Swift and others are toiling hard to get justice or as near to it as one can get with this judiciary.

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Justice is very near.

We are all in the same boat Andrew1.I

if everyone tried as hard as others results may have come sooner.

 

I have been in contact with Swift there attitude is changing because of what is happening.

 

Marky TIE will not be replying.....he has been thrown of the site.

 

LL

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