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    • You can only do your best, tnook. We'll support you no matter what.   The people on the other end of the line are only human beings and you're worth as much as they are. Just go through your arguments and don't be intimidated.     HB
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Swift Advances. Secured Loan Charges reclaim


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Sparkie...thanks for the reply. See attached.

 

Sorry, the interest was firstly 12.99%, then increased to 13.59% a month after contract agreement!!. Letter for this I still have.

In the Key Financial Infomation but it says 18.1% Apr (variable) over 10 years. So I take it this figure is the apr on the payments, and the 13.59% is the interest on the interest (!)and fees?

 

Sorry about the confusion, I hope this clears it up.

 

 

That's OK mate

 

The fact still remains that the APR stated on your agrement is incorrectly stated it should be shown as the correct figure of 23.9% APR variable....Regulations state that the tolerance admissable is 0.1% ...SWift are in trouble with your MUms loan in my opinion .......but I have been known to be wrong .....often!!! Get other views on it

 

Another point to note is that there are TWO inteest rates showing on this agreement ..again back to our Mr White he said under oath at my hearing that it would be more confusing to the borrower if different rates of interest were to be shown on Consumer Credit agreements ....I have that in my judgement summary.........the man is a confused liar.

sparkie

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Thanks mate. Yes, if anyone could have a quick gander at this for a second op, I would be most grateful. If it is the case that we can have a pop at these asses, then, fantastic. I will then obviously be another fighting against these thieves.

The interest rates: YES, it is confusing. Am I right in assuming that the one rate is the interest on the repayments, and the other is interest rate for the interest on the original amount?? If so, then they are charging Interest, on interest on interest (ad infinitum). .....Gaaaah...see I AM confused.....

Edited by coolchris
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Thanks mate. Yes, if anyone could have a quick gander at this for a second op, I would be most grateful. If it is the case that we can have a pop at these asses, then, fantastic. I will then obviously be another fighting against these thieves.

The interest rates: YES, it is confusing. Am I right in assuming that the one rate is the interest on the repayments, and the other is interest rate for the interest on the original amount?? If so, then they are charging Interest, on interest on interest (ad infinitum). .....Gaaaah...see I AM confused.....

 

Exactly you will be confused ....and you will have Mark Whites statement that it is and would be confusing.

Game set and match on this particular point in my view.

 

sparkie

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Have had good advice to wait for Swift to attempt to take us back to Court ....and then hit them with the CPR 31.16 application......see what a legal mind can come up with.

Its in their court now....barrister said just lets see how good a poker player they are ......are they willing to go down the road where I have got the sides peppered with road side bombs.

 

sparkie

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I am pretty certain it can mate

sparkie

 

If so then perhaps we should use it to get as many brokers to jump ship like the rats they are, maybe then these little swifties will have only one direction to head this winter and that's south. :-)

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If so then perhaps we should use it to get as many brokers to jump ship like the rats they are, maybe then these little swifties will have only one direction to head this winter and that's south. :-)

 

 

The way this could be logicaly argued is that the Brokers ...Swifts Agents do not disclose that they receive large amounts of commission ....is because of the fact that Mark White says in every court case when asked about commission ...that they do not pay any commission at all only a £100 documentary fee...........brokers would be proving that he lies under oath if they did say they get commission as well....anyway we now have that documentary proof ..so he is in the mire up to his kneck.

 

THat's where the Fraud Act can Hit these broker Agents and why Mark White actuall does lie in Court its the domino effect if one of them suddenly changes direction......it will be the brokers that you have to get at ...the more that can extract this info from their broker the harder Mark White falls and does some serious time.

 

sparkie

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Hi Sparkie,

Can you explain when the different versions of the CPR are used.

ie

- what is used before legal action has started?

 

- during legal action etc?

 

regards

 

sunray

 

HI sunray

Can you be more precise as to what you are trying to find out

 

sparkie

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Hi Sparkie,

 

Nothing Specific. I am just not sure about when and where.

ie

Do you use cpr 31.14 for instance when legal action comences.

Can you use cpr 31.16 for information before legal action commences.

 

just a general question about using CPR.

 

 

regards

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Q:How do you get a swifties eyes to Sparkle?

 

Ans: Shine a light between their ears !!!! LOL :lol: :lol: :lol::lol:

 

 

It's the way I tell 'em!!!????:grin: :grin: :grin: :grin: :grin:

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Durham Police Fraud Squads take on False accounting

 

 

False Accounting

 

The main aim of false accounting is to present the results and affairs of an organisation in a better light than the reality of the situation. The reasons for doing this can be as varied as the ways in which it is achieved.

The reasons may include by way of examples:

To obtain more finance from a bank

To raise the share price either for personal gain or for the company to acquire another through a share issue.

To attract customers by appearing to be more successful than you are.

To get performance related bonuses, which you otherwise would not be entitled to

To cover up a theft such as manipulating of the book reconciliation to cover the fact that cash has been stolen.

To improve results over the year-end to mislead auditors.

To hide losses and avoid the inevitable.

Frequently there are commercial pressures to report an unrealistic level of earnings that can take precedence over control systems designed and put in place to prevent fraud occurring.

Whatever the purpose of this type of fraud the feature to all cases is the need to falsify records, alter figures or perhaps keep two sets of books. In every instance it is only a matter of time before you arrive at the situation where the hole cannot be hidden any more and the offenders will be found out and brought to justice.

 

 

A little tip for Swift.......... take note of the heavy print;)

sparkie

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Can the fraud act be used against the lying **** brokers who act for swift?

My brokers, Regency went bust though I know the name of the man who sold me my agreement charged an application fee. This is something it says in FISA's booklet they do not do. Can I get the man personally?

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My brokers, Regency went bust though I know the name of the man who sold me my agreement charged an application fee. This is something it says in FISA's booklet they do not do. Can I get the man personally?

 

 

HI overdone even though the company has gone bust you can still sue the ex Directors personally for Fraud or any other criminal offence committed while they were in office as directors.

in any event the "cookie" can still fall back onto Swift as we can now prove they were also more than likely agents of Swift as well as brokers for other clients;-)

 

sparkie

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HI overdone even though the company has gone bust you can still sue the ex Directors personally for Fraud or any other criminal offence committed while they were in office as directors.

in any event the "cookie" can still fall back onto Swift as we can now prove they were also more than likely agents of Swift as well as brokers for other clients;-)

 

sparkie

Probably be defended as clerical error. They got £99.00 deposit and £285.00 full fee as well, instead of just the outstanding balance. My solicitors did not pick up on it either. The best part of £400.00. I'm glad they went bust.

Edited by overdone
add info

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Hi Doc, Apollo 18 is a little one way trip to the moon I'm planning for all the Swift Ba****ds at Arcadia House that have been ripping me and everyone else off!

 

I'll be lighting the touch paper!!!!!:D

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Hi,

Is a broker obliged to give you the cheapest loan they can find?

 

Correct.......They are obliged to look for the cheapest deal that is in your best interests ...........but they seldom do they go for the one that gives THEM the best commission.

 

sparkie

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Hi Sparkie,

 

Nothing Specific. I am just not sure about when and where.

ie

Do you use cpr 31.14 for instance when legal action comences.

Can you use cpr 31.16 for information before legal action commences.

 

just a general question about using CPR.

 

 

regards

 

Have a good read of this....all about CPR 31

 

sparkie

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

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@ sparkie. I have used the following site to calculate my mums apr:

 

Financial Annual Percentage Rate Calculator

 

I know its American, but presumably it makes no difference about the currency?

 

I put in:

 

Loan amount = £5,000

Extra costs = £5,342.80 (based on the "other financial information boxes" on the agreement)

Interest rate = 13.59%

No. of months = 120

 

The APR came out as: 36.93%

 

Question: Have I inputted the correct figures based on the agreement you had a look at, and if so and the calculator is right on this site, I can then write to them and tell them that I think the agreement is unenforceable due to incorrect statements and figures?

Is there a template knocking around for this?

 

Soz for the questions, but I need to get these *EDIT* by the *EDIT*. My mum is 70 years old and I dont want the hassle for her. She only got the loan to put in disability equipment.

Thanks.

Edited by 42man
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All,

 

 

One question: even if Sparkie/the NI boys get the result they want, and we do end up posting sponge cakes with files in them to Mr.White & Co care of Her Majesty's pleasure, will this impact existing customers still lumbered with punitive interest rates and settlement figures?

 

 

Apologies for repeating myself, but the answer to this question is really important to me and Isuspect many others; can anyone comment please?

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