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    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
    • When I sadly lost my job a while back, i reportd it immpediately to DWP as you are supposed to, but didnt realise at the time that the day I reported to them was the day before I was paid out for the last month. I was actually paid extra whem I left as it was cheaper than redundancy fort the business and at the time it was a good financial move (so I thought).   I was paid on Fri 26th Jan, they paid me out 2 months in one go. I reported to DWP on the 22nd of Han that I was made unemployed, had the letters and evidence. As they spun the story, because of their assesment dates and that, my first payment was on the 1st May and reassured that it works the other way around. That when work starts again, if I dont actually receive money from the company during the assesment period, there wont be an issue as it balances up.   Can I believe this or was it another spun story? I'm concerned that as I'll be paid monthly, (Starting on the 15th paid on the last day of the month), assment ends on the 22nd. Tha they'll take that money into consideration.   I'm just concerned due to the disparity it would cause between 4 odd months I endured with zero income because of how their system works and whatever they ahe in place to counter at this end of the claim.   Anywa, it's just awonder.   Cheers,   Ade    
    • Hi, OP sister here, im going to try and explaine in full details from start to present and see if you have any advice for me on what i can do. on 15/1/2021  at 16:25pm i was traveling along hazlebarrow cresent wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR seddon. ( im going to attatch a street veiw picture and diagram wich will be more helpful in understanding how the accident accured ect) .  The owner of the parked car, which i will refer to as Mr simpson came out of his house. Myself, mr seddon and mr simpson exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property. I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect . by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and mr seddons van ect). Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.  Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability. an engineer had collectes my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .  I didnt hear nothing for around 2 weeks so i comtacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability' i asked them why admirel consider themSelf not liable and she read from the notes ' mr seddon said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' . the lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault. I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of wich i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.  The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.   Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the ' none prejudice payment) I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .   I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . again she said ' its still in dispute, admirel are not budging i have to pass this on to management. She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!? Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum and you guys had mentioned the hire car rates may fall back on me. I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. and the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' . i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport' I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i didnt have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.    After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' . will they find any fault with the contract just to try and lumber me with the debt? , as it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.  And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?    As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.  Tomorow i am going to read thoroughly through the ' hire car contract' . i am going to give them another call and record them saying i am not liable for the debt. Any advice on how i can just give the hire car back to them without me being liable to pay the debt?  Thank you Gemma
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      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
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      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      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.
       
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Swift Advances. Secured Loan Charges reclaim


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HI Blackie,

 

With reference to your post on assignment.......we have to be clear that Swifts accounts stated that they "SOLD" these accounts ( mine was one them) they did not assign them and I have a letter from John Webster stating that actual fact ..................that it was not a "legal assignment" Swift retained all Title rights.............that is just pure wind.......Swift received a LORRA LORRA LORRA money for the sale of these mortgages ......you can't sell your house and still say you own the garage unless it is in the deal..........Mr Webster then went on to contradict himsef again by saying it was purely an internal accounting transaction..

 

The man is in trouble.

 

 

sparkie

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Someone sent me a Swift agreement with 4 different interest rates on it .the copy I have is a bit blurred .and I'm not sure who sent it to me , can the member who has this agreement send me another copy .as it will be another Nail in Mr Whites box

 

It's O.K. Folks it was sweetjane and I have found the clear copy ...panic over

Mark White said this on the stand

 

“ That it was not the practice for a credit agreement to show or attempt to show a series of different interest rates which could be said to be applicable” and went on to say that it would have been misleading to show or attempt to show such in the instant case”.

 

Mine showed 1 rate only ...I have another that shows 2, and now have another that shows 4 ......ALL Swift agreements

 

sparkie

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Complaint form regarding Mr Falkowski's part in my case and dispute has gone off to the Bar Standards Board along with copies of all docs .

 

Does not cost anything to complain and stand up for justice....this is going to take up a lot of Mr Falkowski's time defending my complaint.

 

He is trying to pass the book" on to Swift legal............I received this e-mail from Mathew Payne

 

Mr Falkowski's clerks have forwarded to us the emails that you have sent to rthem recently. As Mr Falkowski has acted for Swift in its case against you, he is not at liberty to discuss with you bany issues in your case. All communications about the case should be made through Swift Group Legal Services.

 

 

Yours sincerely

 

 

Matthew Payne

 

Notice the spelling!!??

 

I sent this reply............Because Mr Falkowksi has a code of conduct to comply with

 

 

 

 

Dear Mr Payne.

 

This therefore, will have to be an issue between ourselves Mr Falkowski, and the Bar Council Standards Board to whom a complaint will be made tonight.

 

Yours sincerely

sparkie

 

The above e-mail has been read 5 times

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There is another complaint to the Legal Complaints Service about MR Payne in the process regarding the Witness statement of truth he made attached to the initial claim Form ;)

 

This complaint will surround this e-mail I sent Mr Payne a while ago

 

Dear Mr Payne,

 

Do you recall completing the court documents appertaining to the application by Swift for possession of our home?

 

I wish to draw your attention to that Court Document N5 (Claim form for possession of property) which show that Swift Advances Plc are the Claimant.

 

You state on this document that you are the solicitor for the Claimant.

Being in that position you will have been completely aware that on the 18th April 2007 Swift sold our loan and “lock stock and barrel” to Kestrel Loans No1 Ltd.

 

This means that Kestrel No 1 paid off our liability to Swift, you in the position of solicitor for Swift would have most likely been involved in the actual sale.

 

Therefore you would know that Swift Advances Plc had no right to be stated as the Claimant on the Court documents you signed along with a statement of truth.

 

I submit to you that you deliberately misled the court on this extremely important fact.

 

In the Particulars of Claim in support of this application you state the interest rate at the start of the mortgage was 10.30% per annum.

 

This is also incorrect as the agreement states it was 9.84% and Mr Whites Statement of Truth ( which you more than likely gave assistance to in making) also confirms that the rate of interest at the start of the loan was 9.84%.

 

I also draw your attention to 9 (b) on this particulars of claim, you have crossed out this sub paragraph.

Why did you not give notice to our First Charge mortgage holder Abbey Plc who have a registered interest in the property. Why did you cross it out?

 

Abbey still do not know that any proceedings were taken.

 

I refer you to the fact that you being a solicitor will know the consequences of making such inaccurate statements contained in a signed statement of truth.

 

In any reinstatement of proceedings being considered being taken against us, I will be referring all this to the court and ask that you attend to answer these questions and points

 

Yours sincerely

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Mr P might try and tell you he wasn't in the employ of Swift Group Legal Services at that time Sparkie, but he was at J.W.Godfrey who were Swifts in-house solicitors - he was promoted when it became SGLS at the end of 2007....baaad move! :p

 

SC

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Mr P might try and tell you he wasn't in the employ of Swift Group Legal Services at that time Sparkie, but he was at J.W.Godfrey who were Swifts in-house solicitors - he was promoted when it became SGLS at the end of 2007....baaad move! :p

SC

 

 

As he filled all this in in July 2008 he can't try and use that ploy........ he can't be that daft ...........trying to mislead the Court again:);-)

 

In any event he signed it on belalf of Swift.

sparkie

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"It's O.K. Folks it was sweetjane and I have found the clear copy ...panic over"

 

Glad you found it Sparkie - just logged on. Always seemed like they were charging different interest rates for different parts of the loan, then adding them together, dividing by the number of parts, taking away the first number you thought of and hey presto, let's use that as an APR!!! Now we learn they're charging interest on the charges . . . How do we begin to calculate the interest on the charges to reclaim? Before adding the 8% compensation of course? :confused:

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"It's O.K. Folks it was sweetjane and I have found the clear copy ...panic over"

 

Glad you found it Sparkie - just logged on. Always seemed like they were charging different interest rates for different parts of the loan, then adding them together, dividing by the number of parts, taking away the first number you thought of and hey presto, let's use that as an APR!!! Now we learn they're charging interest on the charges . . . How do we begin to calculate the interest on the charges to reclaim? Before adding the 8% compensation of course? :confused:

 

 

IMO you would charge the correct APR interest to the total charges that you are claiming back then add the 8% to that total...you would claim that correct APR because it is incorrectly stated on your agreement.

 

If you can follow that sweetjane?

 

sparkie

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Sweetjane .

 

The APR shown on your agreemnt is 15.8% this is incorrect it should be shown as 18.2%......this makes your agreemnt unenforceable from the start yours was/is a Regulated one...........you should claim your charges back at this rate I don't think the court would allow you to add the county court rate on top of this .but this compounds your interest rate so I would do this.

sparkie

 

Each monthly charge add interest @1.57% and so on and so on

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Sparkie can you check my agreement if i send it now? P.s count me in for the big hit!!!

 

No problem mate .but remember I am not legally trained .I'm an auto eliectrician and any views are just my own ...but will help anyone if they ask if I can ....I will do my uttermost.

 

sparkie

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Guest blackie

Sparkie spoke to my friend who is willing to have a look at the evidence you have. He presumes you will be LIP (I think that is what he said). Because the case is the county court, will you be asking for an adjournment and requesting it go to High Court. Can you send me your draft in word please , this way I can get it emailed to him today. I have pm you with some advice from him

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Hi All,

 

Just a quick post aimed at the Swift people perusing these comments.

 

You have reduced your fees in an attempt to look reasonable and fair, which is probably too little too late however, but what about taking the next step and reducing your interest rates?

 

3 or 4% should do the trick?

 

It might get some of us off your back?

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I see Swift are getting into the Christmas spirit already then, halo's falling all over Arcadia House if they are trying to reduce their charges to look holier than thou....leopards and spots seem to cross my mind for some reason...:p

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I don't know about 3 or 4% Marky. Given that my interest rate with Swift is over 15% APR and my first mortgage is only 2.5% APR, I'd say that a reduction of 8 or 9% wouldn't seem unreasonable, particularly as we've been ripped off for so long!!!

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Guest blackie

Too little too late. Of course in court they will profess to be not waiting for court ruling like GMAC, of course they are law abiding people, who would never flout the protocols. Let's not be fooled people, there is too much going on at the moment.

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Guest blackie

Had a very interesting letter from an MP today. I hav been hounding every one I can in Parliament, emailing etc, sending them copies of Swifts interest rate increases, their charges etc. Can't say anymore at the moment, but things are actually starting to get going. Thank go.

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Had a very interesting letter from an MP today. I hav been hounding every one I can in Parliament, emailing etc, sending them copies of Swifts interest rate increases, their charges etc. Can't say anymore at the moment, but things are actually starting to get going. Thank go.

 

Hi Blackie,

 

Thanks for your PM,s will be in touch again ..things are getting going more than anyone can dream of .it will all be made clearer after the 24 this month in N. Ireland..BIG stuff is going on, Swift have been advised of some of it BUT they have the rest of 70% to be made aware of yet.

 

sparkie

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Please note that this topic has not had any new posts for the last 3762 days.

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