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    • I Submitted my defence last weekend,. In short, denying all allegations and requesting that the claim be struck out as claimant has no documents to support their claim and  have failed to provide any evidence whatsoever that any monies are owed to them by me and I considered it an abuse of process.   I have now received their directions questionnaire where they are championing 'Mediation over the telephone'   Should I agree to mediation once I receive the questionnaire from the court bearing in mind the dispute is about the existence of the alleged account and the lack of documents to prove it exists/ existed?   All I can say in mediation is that I've never heard of the account...... Do Lowell have to provide documents to the mediator?    Thanks in advance for any advice offered and sorry if the answers can be found elsewhere, but I'm not sure where to look 🤓   Spam 
    • Thank you all for the comments.. I hope to get a transcription of the recording, but I don't know if that's possible. I have asked the Court so will see what comes back. This is an overview and may not be exact wording..    I'll add the highlights from what I understood.. [both Judge & Mr D were well into the legal jargon].. some of the more technical discussion was lost on me..   Opening Statements.. VCS......Events from Incident to Court summons.. pretty much the WS opening Me........Night time, bad weather, bad visibility, children in danger walking on the road so "Signs" were not very clear VCS......Pictures on their WS were in daylight. Picture of the car we very blurry due to the rain. VCS agreed it was bad.. Me........Kangaroo Court - Every drop down on the appeal site is an admission of some sort of guilt. Needs to be an "Other" in case your situation doesn.t match Judge...Asked for clarification on POFA from VCS  VCS......Explained POFA in his terms and what he understood Judge...Was it a Parking event? VCS......No, it was a Stopping event Judge...Asked VCS who owns the land.. he didn't know so I told him Southend Council owns the freehold of the airport, but it has been leased since 1994 to London Southend Airport Company Limited Judge...Surprised VCS didn't know that Judge...Asked VCS if the Contract is relevant? VCS......Yes,  Judge...Still not clear VCS......Quoted VCS v Ward & Idle..  Me........That's not in your WS so is it admissible? Judge...That's not relevant in this case.. he had a quick look. Judge...Is the land relevant VCS......No real valid response, referred to VCS contract with the airport. Me........Why is Mr Wasi the paralegal not here as he may know? Judge...Section 46 refers to Parking/Waiting. Me........It all refers to Parking.. and I was not parked or waiting.. ## I expect Simple will see this as a loophole so may change it ##   Closing Statements: Me........VCS are aggressive in all their actions, as you can see by the Letters in their WS.. I also went through all the Arguments at a high level, such as Bye-Laws, Road Traffic Act [Public access etc.., the POFA discussed Parking, not Stopping, PO Box on the Signs, no address. VCS......Pretty much same as the Opening statement as far as I remember..    Judge...   Car was stopped for 30 seconds Multiple Signs The Driver "did" enter into a Contract as they entered the airport But.... Does POFA apply Needs distinction Stopped not Parked Only applies to Parking Judge referred VCS to Jopson v Homeguard 👍  Defendant wins the case & is not obliged to pay VCS any Fines   Judge to VCS... do you want to Appeal VCS.. Yes Sir................... but after 20 seconds he changed his mind to No Sir, no appeal at this time..  Judge to VCS... you have 3 weeks to appeal if you change your mind.   So.. VCS may appeal, but I had a feeling that he may have been tapped on the shoulder and advised to say No.. at the time..     ### As far as I can remember, this is how it went down ###.
    • Let us know when the hearing date has been set and then we will try to help you sort out your arguments and your documents. You will need to submit a court bundle. Please follow the court bundle link
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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.
       
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      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.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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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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