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    • with regards the card, did you send hoist a CCA request? as for the defaulted date, if a creditor took several months from last payment date to register it, there is most certainly objections to that that can be made should they raise a court claim and these have been successful for us.   as for the OD, again if months or even years have been allowed to elapse before it gets a calling in notice, then again there are objections we've seen and used to very good effect.   send lloyds an SAR and prepared.   the OC would have defaulted these not the DCA debt buyer on or before sale.   where was the Letter of claim and was that simply for the Card debt.    
    • I have the last ever deferment acknowledgement letter from SL ever made and received if that helps.    Rather than call, would it be better in writing? I find them very intimidating on the phone and went to pieces last time after waiting in the queue so long.
    • yes all i know some court fees might be due ie they did take you to court , but it failed did it not..so..
    • Hi All,   My partner is being chased by Hoist/Robinson Way for a couple of old debts:   1. Lloyds credit card. 2. Lloyds student overdraft   RW claim proof of debt assignment was sent but nothing was received. We haven't seen any documentation showing the original agreement. We've asked for documentation showing when payments were made and when the last contact with Lloyds was, as I'm pretty sure these are statue-barred debts.   In regards to debt 1 above, the documentation showed that the last payment was November 2014. Nothing was paid since and there was no contact. RW are claiming, however, that the debt was marked as defaulted in 2017 by Lloyds therefore it's not statue-barred.   My understanding is that the limitation is based on "the earliest date the account could have defaulted, regardless of when the default notice was issued" but there seem to be differing opinions about this online. Apparently some creditors choose to delay defaulting a debt intentionally.  My question is - does Lloyds marking the account as defaulted in 2017, three years after the last payment was made, mean this debt is not statue-barred?   In regards to debt 2 RW have given us no documentation whatsoever, i.e., last payment or contact. They're still waiting on Lloyds apparently, yet they've logged both debts against her credit file; we queried this with Experian who said they'll speak with RW but ultimately they wouldn't be able to remove this information without feedback from RW. Interestingly enough, after raising an objection with Experian, both debts disappeared from her Experian records a couple of months ago, only to reappear a few days later.   If someone can clarify what impact Lloyds marking account as defaulted in 2017 rather than 2014 (when the last payment was made), that would be appreciated - does this mean the debt is not statue-barred? If you need further info or if there's a template I should fill out please let me know. Cohen sent a letter of claim on behalf of Hoist/RW in regards to County Court but not heard from them since we've disputed the debts.   Many thanks.
    • thank you dx   on the penalty charges- does this include;   legal fees site visits letter telephone call court fees    
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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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Swift Advances. Secured Loan Charges reclaim


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I see sparkle has gone now .....must have copied our defenec to pass to their legal Dept for an advanced assessment;)

 

Its our proper defence and counterclaim they ought to be worried about with the heavy stuff!

 

sparkie

 

 

sparkie

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A skeleton outline might be a good idea too Sparks....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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A skeleton outline might be a good idea too Sparks....

 

 

 

That would be for the full hearing, Skeleton Arguments and further pleadings so as I understand it from the last hearing.could be wrong as usual though:)

 

sparkie

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Sparkie that is nothing short of brilliant and we can all only imagine the hours of work and effort that have gone into it. I cannot believe they will actually let that go before the court but if they do I wish you all the best.

Go get em!!!!!!

G

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This is the commission that everyone pays for on top of their brokers fees

 

This is another document that is concealed from the Borrower as it it never disclosed in an SAR to Swift as I said I am posting one document a day 44CommissionJoe.jpg

Edited by Sparkie1723
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They won't go to court with that!

 

Oh I have no doubt they will ...but whatever they do they will have to stand up to a big fight........they are fighting for the greed of money ....I am fighting for my home.and against what I believe perjury, contempt of Court and flouting of all that is reasonable and moral, for myself and everyone else who have suffered at the hands of these people

 

sparkie

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Excellent work on the defence Sparkie - very well done:D

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Excellent work on the defence Sparkie - very well done:D

 

 

Thanks landy and everyone else for the comments I only had 2 weeks to put that together .........they filed at the last minute............ if they had not filed they would never have been able to file again after the 18th Dec, they would have been out in the cold.....But their accounts will let them down and I will work them in, in my Defence amendment for the full hearing that a learned person has advised me to file in the HIgh Court and obtain high financed legal Assistance....I'm not saying who he is or what he WAS but knows a lot about Courts and Judges .I leave it up to you all to guess what he was. He is retired now.......but as Blackie says he is having a word with a silk over the next few days.

 

sparkie

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Hi Sparkie

I've just printed your defence off, I'm going to pour myself a big glass of white wine and curl up on the sofa and enjoy every single word of it I'm sure. Count down for next week . . . thinking of you.

All the best, as ever SJ ;)

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Hi Sparkie

I've just printed your defence off, I'm going to pour myself a big glass of white wine and curl up on the sofa and enjoy every single word of it I'm sure. Count down for next week . . . thinking of you.

All the best, as ever SJ ;)

 

Oh that sounds like a great idea SJ - can you pour one for me please:D

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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You're on Landy, hopefully one day soon we'll have a big old Meet for Swift caggers and there'll be bubbles in the wine!!! :D

 

Now that sounds like an even better idea SJ and the way Sparkie's going I don't think that day's too far off;)

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Question?

As we now know for certain that Swift sold/transferred Swift our loans account to the Kestrel Loans companies, how could Swift increase their interest rate 3 times "To cover the cost of their borrowing" when they had "transferred the borrowers account to Kestrel No 1" ???

This is another question for everyone to ask.

 

Mr Webster has attempted to say is that they transferred just the equity of the loans :wink::grin: Everyone knows my argument on that................No bank would lend such amounts of money the Kestrel companies borrowed JUST on Equity ............as they only lend a maximum of 66%.of Equity value, Kestrel would not have had enough without the Title deed..............BUT they went and borrowed twice on the same day from two different banks...........so they had to have had the Title transferred even if Barclays said they could ...........which I doubt it.

 

If they have Title then yhe Title would have had to be changed in favour of Kestrel and every ones title is incorrectly registered with the Land Registry.

 

Swift will face all these questions

 

The point here is the interest increases for everyone ..........if Kestrel run the accounts which we know they do ....you should have been told by Kestrel about the interest rate rises because they borrowed the money to buy these loans off Swift.............................Swift are ncreasing interest illegally and fraudulently........This is just added stuff for my next hearing Defence and part 20 Counter Claim.

 

Just letting sparkle know what I know.

 

 

sparkie

Edited by Sparkie1723
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A few things:.....

 

1. You didn't pass this by teacher before publishing did you? :mad:

 

2. I've seen some Swift letters which state categorically that the increase in interest was based upon Bank of England base rates - never reduced.

 

3. If Kestrel Own the loans and Swift increased the rates....trouble for Swift.

 

4. It has been established that their Mr Webster says they don't securitise and that's in writing, so, no securitisation - no equitable assignment...so why sell it to Kestrel Loans at all - unless of course, you want loadsa money using the same loan portfolio that you got Barclays to give you loadsa money for....Oh, and while they're in practice why not go do the same with Kestrel Loans No 3 too...and No 2 for good measure? Maybe they'll tell the Judge that too ?

 

5. "I see sparkle is back .........Swift must pay that person some money to keep on snooping and sniffing .why don't you tell us your name."

 

5a. We don't need them to - ;):p - walls have ears and you don't have as many friends as you think you have sparkle! :D

 

Night night sp.......?

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my goodness Sparkie look what I missed today just back jetlagged but as we were heading over the white cliffs of Dover we had to divert there was a swarm of wee birdies heading towards us was about quitting time 5 30ish lol

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

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my goodness Sparkie look what I missed today just back jetlagged but as we were heading over the white cliffs of Dover we had to divert there was a swarm of wee birdies heading towards us was about quitting time 5 30ish lol

 

 

I see the flight investigator is back again, checking on the bird colonies!!!:D:D:D

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The kestrel, most widespread and often most abundant of European birds of prey

 

will have to chance the dictionary matie

 

they are the birds to pay you say

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

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wouldnt fancy what the lads have matie to hit them with lol

 

this is only what you lot want them to know wait till the judge gets the rest of the stuff :D

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

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The kestrel, most widespread and often most abundant of European birds of prey

 

will have to chance the dictionary matie

 

they are the birds to pay you say

 

That's right pkelly you pay Kestrels ...NOT Swifts, swifts can't get at the bird table if a kestrel is sitting there!!;)

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