Swift Advances. Secured Loan Charges reclaim

[Sparkie1723]

HI sunray001,

 

I have your agreement, there are two major flaws in it

1...The heading o the top of the agreement MUST state that the loan is secured on...the name and adress of the property the loan is secured on and it must specifically state this, your agreement does not.

Consumer Credit Agreement Regulations ( Form and Content of agreements state that it cannot be referred to in another document, unless it is stated on the signed agreement.

 

2...Any loan agreement secured on property MUST carry the warning very prominently, before the signature Boxes words to this effect " Warning" ......"Your Home may be repossessed if you do not keep up the payments on a mortgage or any other loan secured on your property" or .......

 

"You run the risk of having your home repossessed if you do not keep up the payments under this loan or any other mortgage secured on your property.

 

Yours does not and therefore does not comply with the regulations relating to core terms as per the Consumer Credit Agreement Regs 2004 which came into force on 31st May 2005.

 

IMO you have a more than good chance of having your agreement declared void a better chance than many I have seen to date...if you are willing to fight them....and it will be a fight...... Swift are ruthless in their pursuit of property.

 

sparkie

Edited June 4, 2009 by Sparkie1723

[Sun Spirit]

Swift have apologised for sending me the letter saying they wouldn't consider repossession unless the arrears were at least 3 months !!

42 I and my OH have received second similar letter with threats and we are just a month in arrears. The charges are obscene. I am about to work on a response to them and avidly watching this thread.

Regards all SS.

[sunray001]

Hi Sparkie,

 

I'll give them a run for their money. Nothing to lose except money and my house.

I don't know if these forums are watched by swift, but if you can give me some kind of idea of my next move via email if you want. Any help writing letters would be greatly appreciated.

 

regards

 

sunray001

[Sparkie1723]

Hi Sparkie,

 

I'll give them a run for their money. Nothing to lose except money and my house.

I don't know if these forums are watched by swift, but if you can give me some kind of idea of my next move via email if you want. Any help writing letters would be greatly appreciated.

 

regards

 

sunray001

 

 

Will do.... no problem..... these threads are being watched not just by Swift but all Banks and credit card companies

sparkie

[landy_alert]

HI sunray001,

 

I have your agreement, there are two major flaws in it

1...The heading o the top of the agreement MUST state that the loan is secured on...the name and adress of the property the loan is secured on and it must specifically state this, your agreement does not.

Consumer Credit Agreement Regulations ( Form and Content of agreements state that it cannot be referred to in another document, unless it is stated on the signed agreement.

 

2...Any loan agreement secured on property MUST carry the warning very prominently, before the signature Boxes words to this effect " Warning" ......"Your Home may be repossessed if you do not keep up the payments on a mortgage or any other loan secured on your property" or .......

 

"You run the risk of having your home repossessed if you do not keep up the payments under this loan or any other mortgage secured on your property.

 

Yours does not and therefore does not comply with the regulations relating to core terms as per the Consumer Credit Agreement Regs 2004 which came into force on 31st May 2005.

 

IMO you have a more than good chance of having your agreement declared void a better chance than many I have seen to date...if you are willing to fight them....and it will be a fight...... Swift are ruthless in their pursuit of property.

 

sparkie

 

Hi Sparkie and all:)

 

Glad to see the fight against Swift is continuing and that more people are preparing to stand up to them!

 

Sorry to interject here, but Sparkie you know we were in a similar position with Swift trying to repossess our house a couple of years back (pre discovering Cag, unfortunately) and I believe a couple of months back I emailed you our agreement. I've just had another look at it and ours also has no mention of the two points you have suggested to Sunray that should be on the agreement.

 

I know in our case it's purely hypothetical now, but if as you say Sunray has a good chance of having their agreement declared void, what exactly would that mean in terms of one's position financially? I mean if the mortgage is a dud, but you have already had the benefit of borrowing the money, and using it, where would that leave you? I guess the repossession couldn't still go ahead, but you would surely still owe them the money you had borrowed? Would the lender be entitled to ask for it to be repaid immediately? Or would you get to keep it?

 

Sorry if that doesn't make much sense, but it's difficult to explain exactly what I mean, lol!

 

Good luck to all fellow Swift-haters!

 

Will update my thread as and when there is anything to report.

 

Regards,

 

Landy x

[Sparkie1723]

HI landy alert,

The position would be that the agreement would be not only unenforceable but void.

There would be no agreement in place to repay the money in any manner.

The lender would be in the position of not being able to pursue the possession as it is linked to the agreement and would have to release the charge on the property and there would aalso be a strong possibility of any moneys paid under the unlawful agreement would have to be returned........ as they had been paid mistakenly..... if asked by the Court did you borrow the money answer ...I was led to believe I did .....but have now found out they have given it to me as there is no agreement to pay it back or how or when

 

Simply that is basically it.

 

They would have to find a way to pursue the alleged debt using common tort law, and that is not statute law.

 

 

 

sparkie

[landy_alert]

Hi Sparkie,

 

Thank you for explaining it for me. I know it's too late now, as we had to sell our beautiful house but it's just interesting to know how things might have turned out if I'd known about Cag back then - Mr Landy wouldn't have ended up taking an overdose of painkillers for one:(

 

Also, it would just be brilliant if this knowledge can help others like Sunray from having to endure what we did back then.

 

At least Mr Landy recovered and we are finally fighting back against these ****holes like Swift!

 

Thanks again,

 

Landy x

[Sparkie1723]

Hi Sparkie,

 

Thank you for explaining it for me. I know it's too late now, as we had to sell our beautiful house but it's just interesting to know how things might have turned out if I'd known about Cag back then - Mr Landy wouldn't have ended up taking an overdose of painkillers for one:(

 

Also, it would just be brilliant if this knowledge can help others like Sunray from having to endure what we did back then.

 

At least Mr Landy recovered and we are finally fighting back against these ****holes like Swift!

 

Thanks again,

 

Landy x

 

HI Landy,

Sorry again for what happened, you and others like you who have suffered at the hands of these total inhuman low life is the reason I will continue to try and help people beat them at their own game using, bending, twisting, and breaking the law.......not us breaking it ....them

sparkie

[pkelly]

Originally Posted by sunray001

Hi Sparkie,

 

Do you honestly think Swift will wait 6 months before starting repossession?

I will soon be able to let you know.

 

regards

 

sunray

-----------------------------------------------------------------

Hi People,

Just got a letter from swift saying they are going to start reposession proceedings within the next week if I don't cough up. I have missed 2 payments. Any one idea of my next move. Have been tied up recently with family ilness. Sparkie if you send me your email address I will send you a copy of my agreement?

 

regards

sunray001

have you had any other brokers offering you new better deals out of the blue???

do not put anything important on here use pm to myself or the likes of Sparkie, I know 100% this is monitored every day in fact.

[landy_alert]

HI Landy,

Sorry again for what happened, you and others like you who have suffered at the hands of these total inhuman low life is the reason I will continue to try and help people beat them at their own game using, bending, twisting, and breaking the law.......not us breaking it ....them

sparkie

 

 

Hi Sparkie,

 

Thank you - your help and support for all of us Swift victims is very much appreciated!

 

Regards,

 

Landy x

[Smarterchick]

landy, what you have been put through beggars belief, but only too common with this company of sinners. You will be comforted to know I was standing close to someone very recently who is rather intimate with this bunch of sharks trying to 'sell' the person she was talking to on the merits that this company are " responsible lenders" they allow people to fall behind with their payments and then they are accused of being bullies ! and that's only because of the gov't pressure to ease off on repossessions.....I felt like grabbing her pony tail and dragging her off to Fred Flinstones cave and whacking her with a stone batton! Geezus, hand me the sick bowl

[Sparkie1723]

sunray001,

 

I have just PM'd you.

 

sparkie

[Doc2527]

Hi Sparkie

 

I have just PM'd you.

 

Doc2527

[Dougal16T]

Good evening all

 

Just sent my 31.16 request to Swift for the underwriting sheet, and all or any other documents which they have in their possession in relation to my account.

 

I'll keep you posted.........

 

Best wishes everyone

 

 

Dougal

[Sparkie1723]

Good evening all

 

Just sent my 31.16 request to Swift for the underwriting sheet, and all or any other documents which they have in their possession in relation to my account.

 

I'll keep you posted.........

 

Best wishes everyone

 

 

Dougal

 

HI Dougal

I hope you added to the letter if they do not comply with your request that you will make an application to the Court for an order to be made for them to comply.

 

sparkie;-)

[Sparkie1723]

Can you do me a favour Dougal can you check your agreement and the letter you received with your cheque from Swift and tell me if your agreement loan total contains all the fees and charges and shown as a total loan or have thy added these charges on Top of the loan?

 

thanks mate

 

sparkie

[pkelly]

Good evening all

 

Just sent my 31.16 request to Swift for the underwriting sheet, and all or any other documents which they have in their possession in relation to my account.

 

I'll keep you posted.........

 

Best wishes everyone

 

 

Dougal

it will be 41 days mate if at all before you get a reply however

I should have a more recent copy of this for you by the start of next week,

my friend has been promised these documents in reg post on monday morning, seemingly they were already sent but somehow got lost.

they have been promised documents in relation to:

 

a copy of the underwriting papers to see if the interest rate is linked to LIBOR or the BOE,

so most likely its just their standard version and we shall see what its about, or will we?

am sure things will be all white soon hang in there folks;)

[pkelly]

You did win that day Sparkie the judge was enlightened after all, just will take time mate

 

Court rules against lender in unenforceable case

 

On the 12th of March 2009 Judge Derek Halbert ruled that a lender had, by adding undisclosed interest to an administration charge, breached the Consumer Credit Act. In his ruling he concluded that the debt was unenforceable and that the agreement was an attempt to circumvent the provisions of the Consumer Credit ACT and that this should not be encouraged.

[Dougal16T]

Firstly good evening all,

Secondly, many thanks sparkie - I did send the letter with the phrase non-compliance with this request will result in an application being made to the Court for your compliance.

 

Was that OK?

 

Thirdly, sparkie I would be VERY grateful if you could take a look at my agreement and letter that came with it. Would it be OK if I PM'd you with them?

 

I think I know what I'm doing...but sometimes I just need a LOT of help!! This is a very difficult situation in my particular case, and if you agree to a PM I'll be pleased to tell you why!!

 

In the meantime I am determined to deal with these charlatans....

 

Best wishes to everyone

 

 

Dougal

[Sparkie1723]

I had a very very interesting chat with a Detective Inspector of the XXXXXXXX Fraud and serious crimes unit today, a friend of mine who I hadn't seen for a while told me his son had just been promoted, he had been with the squad for 8yrs or so.

I had a good chat about Swift and the refusal of them to supply the Title Indemnity Insurance Document....he gave me some info about the New Fraud Act and its powers that will blow your mind as well as other slants on the issue.

I'll let folks know when I have taken it all in and arranged it properly, I wont post it but will P.M certain members if they so want.

Mind blowing despite what Swift say. The Criminal view is far different than civil view.

sparkie

Edited June 8, 2009 by Sparkie1723

[42man]

I'd be interested in that Sparks !!

[landy_alert]

Me too Sparkie;)

[Doc2527]

Me too Sparkie

 

Doc

[Dougal16T]

Please include me Sparkie....you will see that my use of the Fraud Act 2006 has already 'seen off' some of the lower life forms of exisitence sometimes known as DCA's!

 

Kind regards

 

Dougal

[mmcourt]

Hello everyone, I am really glad that people are fighting these pigs. I have been watching this forum and at the beginning have made an input into it.

I have a mortgage and a secured loan both with swift (more the fool me). I was told that they were the only ones that would take us on.

I am ringing them every month about my payments going down but as they say to everyone, their funding costs have not went down.

We are on Benefits( DLA, Income Support and Carers) and every penny is used to pay this mortgage so that we dont go into arrears as they would take great pleasure in having the house.

We are a family of 6 and are surviving on 120.00 per week because of these a*******.

Some people might say its my own fault for getting into this situation but, when we took this out we were told we could change our deal at the end of the term, what we were not told was that Swift would stop doing mortgages.

I am sorry for the rant but I have just spoken to them and they make me so angry. I wish everyone who have mortgages and loans with these sharks could get together and fight them.

Im from Northern ireland, and I would even go to the Mainland to fight, everyday, if I had to.

I would love to get one over on these people...well they arent people because you need a heart to be a person....

My agreements are up the left as well but I dont have a scanner to scan them through to anyone.

If anyone would like info on them, I am not afraid to state it over the board, just to see if I can do anything with them.

Sorry again for going off on one.

Many Thanks