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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.
       
      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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    • 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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the funs gone out of it all sparkie, I am feeling sorry for the wee birdies now, the RSPCB will be after you,

then again you are helping stop the bird flu spreading

 

smarter chick can I carry on badly for just 10 minutes pleaseeeeeeeee

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I heard the lads have taken the pledge now Sparkie

they take things very serious I hear you have a doc for them to sign lol

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I heard the lads have taken the pledge now Sparkie

 

Tomorrows document to keep the document a day up I'm going to post the Diploma that Barclays have awarded to Swift!!:D:D:D:D:D

Its a genuine document folks full of surprises;);)

sparkie

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How is it that some members who have for example been members since 1st Sept 2006 have never posted on any thread at any time like a certain member viewing this thread now.

 

I am a very blunt person MUTT1.

 

sparkie

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I'm going to leave you men to it...I have beauty sleep to catch up on and my make-up to clean off, that'll take a while too.....nite folks....I need one of those birds you see on Hippo's picking the nits off...LOL What are they called....Swifts aren't bloodsucking, parasite pecking critters are they? :p

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How is it that some members who have for example been members since 1st Sept 2006 have never posted on any thread at any time like a certain member viewing this thread now.

 

I am a very blunt person MUTT1.

 

sparkie

 

 

Ever thought they might be shy Sparkie?

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dont worry matie there has been a lot of TOP DOGS logging in as last few weeks, between board meetings, emails and phonecalls they never had anything like this before

talk about the **** hitting the fan lol just heard a funny conversation with a wee swifty the other day lol they were speechless

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sparkie gone a minute folks I think he went after the mutt god pitty it. :-o

 

must have been a mutt on the prowl just

 

will check it out if you want by the way the the last one you wanted The guest

will give you the exact details by pm ;):D

 

(swiftadvances2-2.dsl.easynet.co.uk)

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Recipient IP 217.204.***.**

Internet Explorer 7.0

Mozilla/4.0 (compatible; MSIE 7.0; Windows NT 5.1; .NET CLR 1.1.4322

:cool::D

 

 

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Recipient Location:

Wellington, Somerset, United Kingdom

 

Chesterfield, Derbyshire, United Kingdom

86.160.**.**

other guest matie

lol like that new program you sent google earthed the address talk about big brother

:confused:

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Morning Every body

 

No-one is up today yet??

 

 

As I have said NO BANK would allow Swift and/or the Kestrel Companies to borrow more money on just “Equity” alone. BIG sums at that.

To do this they would need ALL Equity AND Title.

 

Remember that Swift sold these loans to the Kestrel companies and they bought ALL loans from Swift and paid the full value (total owing on each mortgage).

 

We believe we have all the evidence that Swift and both the Kestrel companies have borrowed money on the same day from two Different Banks using the same security of our properties, breaking this covenant with Barclays.

 

I will be working this into my Court Defence at the full hearing

 

They would require specific written consent from Barclays to do this and if Barclays did give this then Swift would have had to give written notice to EVERY single borrower of what they had done, they didn’t so Barclays still hold EVERYTHING.

 

Swift tied themselves up to this.

 

Negative Pledge

The Charging companies each covenant with the Security Trustee that ,during the continuance of the security created by the Debenture, it shall not without the prior written consent of the LSecurity Trustee;

Create or permit to subsist any encumbrance upon any of the Charged Assets (including without limitation, any Charging Company’s right ,title, .interest and benefit in or to any of the Mortgage Loans and their Collateral Security and any other rights relating thereto other than pursuant to the S&F Debenture, and

 

Sell, transfer, lease, lend or otherwise dispose of, whether by a single transaction or a number of transactions and whether related or not, the whole or any part of any part of the Charged Assets( including without limitation, any Charging Company’s right, title, interest and benefit in or to any of the Mortgage Loans and the Collateral Security and any of the other rights relating thereto) other than pursuant to the Mortgage Loan Sale Deed or Servicing agreement

Edited by Sparkie1723
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Hi All,

 

So Sparlie & Co, I have been reading all the recent posts with great interest, but can someone give me an answer to 2 simple questions;

 

1. How would I know if my loan has been sold on to the bird of prey/Kestrel? - I have never heard anything from Swift. And if it has, was actual difference does that make to my situation?

 

2. I am not in arrears, just been/have been/continue to be shafted by a 17%+ interest rate - what can I do, and what are the implications of the impending cases going to have on that situation specifically.

 

Sorry is that 3 questions?

 

Remember there are 3 types of people in this world, those who can count and those who cant.

 

Would Barclays be included in the above statement if they are lending to 2 different companies but using the same collateral? :confused:

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Hi All,

 

I believe i'm right in saying that all Swifts customers are probably in arrears, although many of them are not aware of it!

 

I have just learnt that whenever Swift make an enquiry to a customers first mortgage lender they apply a charge to the account. These enquiries are made on a regular basis, and as the customer is unaware of this charge it doesn't get paid, and thus attracts late payment interest!

 

Talk about underhand tactics!!!!!:mad:

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The answer to all those 3 questions have already been answered in the posts I have put up.

1...SWIFT SELL ALL OF THEIR LOANS, So do not own it any longer

And therefore have no right to collect money from you,..... no right to change interest rates......... no right to charge fees ...the list goes on....

 

" I don't think Barclays know anything abut what is going/gone on, in fact I'm pretty sure of it"

 

The effect of all this could be that Swift are using the equity in all our properties as a false instrument in obtaining large sums of money by fraudulent means, I leave everyone to consider what that would mean.

 

sparkie

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Hi All,

 

I believe i'm right in saying that all Swifts customers are probably in arrears, although many of them are not aware of it!

 

I have just learnt that whenever Swift make an enquiry to a customers first mortgage lender they apply a charge to the account. These enquiries are made on a regular basis, and as the customer is unaware of this charge it doesn't get paid, and thus attracts late payment interest!

 

Talk about underhand tactics!!!!!:mad:

 

Thanks Appollo,

 

I had no idea of that, thanks for your pm.

 

I will write to Swift to see if that is the case.

 

Sparkie, what should I do? write to them and ask them about Kestrel? Surely I should have a right to know about who holds a charge on my house? Should I not have been notified?

 

These bandits MUST be stopped - it a good job I dont live in Essex because I am absolutely raging and would end up paying their 'high tech' office a visit and would not be responsible for my actions!!

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Basically what they do is they borrow the money they lend you off a bank....whichever it is.

They put a charge on your house as security....Say you borrow £75.000.

That means that you have "pawned" £75.000 worth of your house.

 

Then Swift sell this to Kestrel for £75.000.

Remember Swift still owe the bank the money they loaned you.

 

Then both the Kestrel companies go and borrow the money they have paid Swift for your loan/mortgage.

 

When they have the money from the Kestrel Company........... it means the Kestrel company has paid your loan with Swift off ...you no longer owe Swift any money.......... you owe one of the Kestrel Companies....which ever one they sold your particular loan to........therefore Swift have no right to sue you for possession of your Home. your loan with them has been cleared by Kestrel.

That's why Swift never tell you....they double borrow using your asset ...your house.

 

Can you all follow that?

 

sparkie

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Hi Sparkie,

 

Yes I do get it, but surely I should have to be notified?

 

Apart from that, what are the implications? are you saying I can simply write to Swift, and ask them to confirm I no longer owe them money so I want the charge on my house discharged?

 

It cannot be that simple?

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