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    • We registered our child with a nursery last year for a June 2024 start date. This was before how the new 15 hours free childcare was going to work. At the time my wife paid a £50 deposit. A few weeks ago they sent out an email about how the new funding was going to work. The nurseries can use it as they wish and they said if the child wants to come for one full day we still have to pay £50 and we can't use all the hours for one day. They also drastically increased their day rate. As a result of this we were looking elsewhere and have found a much cheaper nursery so we are changing.  The original nursery now said you only get the deposit back if she starts because it comes out of the first month of fees. I don't think we filled any any form or anything so there were no terms and conditions. Are we entitled to get the deposit back or is it our fault for not asking what the terms were when we paid. 
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Swift Advances. Secured Loan Charges reclaim


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Quote from Dougal

 

PS: Criminal case looms on the horizon for our friends........at last they will be named and shamed!

 

I can assure all that there is a far bigger shock coming to Swift Advances than they could ever dream of very soon.......as I said I will say no more..........but it is a FACT.....even without the OFT and the FSA .......... all the money they have extorted from customers will not be enough to protect them.;)

 

sparkie

 

Oh sparkie its wonderful to hear such words and have something to look forward to. I hope all your hard work and efforts pay off, rest assured you have a lot of people behind you. I wish you the best and hopefully Blemain will be next on the list.

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I have just had reply from the OFT acknowledging the e-mail I sent them posted above.

It does suggest that they are working on Swifts complians case still

 

sparkie

 

I have been advised that they are not allowed to suggest anything of the sort.

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Swifts SECRET COMMISSION

 

Mark White said in Court under oath that Swift do not pay Commission, Mr Webster said in an E-mail to me that Swift do pay Commission from time to time. ....But ....not on our particular agreement

 

This is the screen shot from Promise Finance Ltd's computer bank ref our loan

Please note everyone where the box Brokers Fee is and there is an entry

and in the box Commission note that there is also an entry.

I would say not only is it "secret commission" they attempt to conceal it by swearing under oath they do not pay any;);).

 

sparkie

 

 

 

screenshot2.jpg

Edited by Sparkie1723
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Can't seem to read it sparkie, could you possibly use photobucket so that we cn blow it up?

 

HI Fret,

 

It is only a small shot ...and it goes even more blurred if I try to blow it up. BUt the facts are there.......even down to the Adv being shown as £43.000...not what Swift made us borrow £ 46.955

 

sparkie

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Dougal, lets hope it comes soon. This past year has been one of the worst of my whole life, Swift keep coming, it's been relentless. I never dreamed when I took out a loan I would end up in so much bother. Central Credit have much to answer, surely they knew how ruthless this company was. I am not religiious but please god if there is any justice in this world, Swift will get their just deserts.

 

Evening all,

 

I have a letter from Central Capital admitting liability....I'll post it on here over the weekend.....

 

Best wishes

 

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Copied from another thread.very interesting.

 

sparkie

 

Other possible strategies for you to consider in addition to EIE's (that he posted earlier this evening)

 

1. Caggers who are in litigation - make a CPR 31.6 or 31.12 application for disclosure of the Mortgage Sale Agreement

 

2. Make an application to the Land Registry on form AP1 for correction to the inaccurate and incomplete Land Register. Use the SPV's Companies House form 395 filing as proof of them being assigned legal title - use s.27, s.58(2) and s.123 of the Land Registration Act 2002.

***************

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This is the form 395 from Companies House site,

 

http://www.companieshouse.gov.uk/forms/generalForms/395Guidance.pdf

http://www.companieshouse.gov.uk/forms/generalForms/395.pdf

 

This is form AP1 from Land Registry Site

 

http://www1.landregistry.gov.uk/assets/library/documents/AP1.pdf

 

I hope these are the correct forms sparkie. I have just been reading through them and they may be of great value if needed ;).

 

BTW, does this relate to secured lending lenders too or is it only with people who have mortgages. If I wanted to find out about Blemain using these forms will it be possible?

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This is how my letter to the OFT and the FSA is looking so far .......can folks follow what I am trying to make clear??

 

Dear Mr Blocksidge

 

I write to you further with regard to the complaint about Swift Advances and the Kestrel Companies.

 

I would like to enlarge on what I and many other Consumer Action Group ( CAG) members are seriously concerned and utterly dismayed at, and I therefore write on their behalf also, this would make it a matter of concern of a large section of the consumer public and not an individual complaint…Swift have some 20,600 or more borrowers, or so they stated to the BBC in 2007 each with an average loan value of £25000.

 

A lot of these issues I have placed before you in my personal correspondence, I would like to place the following before you in a manner I hope will make these particular issues and concerns a little more clearer.

I copy here a section of a published article by the FSA

 

"There has been growing concern at the number of regulated mortgage books being sold by mortgage firms seeking to limit their losses or raise funds. These sales are typically at a discount and have attracted hedge funds and private equity firms."

 

Swift Advances state in their accounts that they “sold all loans and mortgages to fellow/sister companies in order to obtain further funding.”

 

The Kestrel companies accounts state that they acquired loans and mortgages from Swift Advances.

 

There can be no argument against these statements of fact.

 

The argument the Swift members of the CAG ihave is that the Kestrel companies did not have the funds to purchase these loans as they have only a £1.00 share issue.

 

The question arises is where did these Kestrel companies obtain the funding to purchase these loans and mortgages?

 

It appears what happened is, that a syndicated funding application was

made along with Swift Advances to these other funding banks using the title to the properties that they had already used to borrow the initial funding to lend to borrowers from Barclays Bank Plc.

 

In order to obtain this further funding due to the fact that the Kestrel companies had no funds to purchase the loans Swift had to transfer the Title & Equity to the Kestrel companies in order for them to obtain this further funding, bearing in mind Swift received the full value of the Title and Equity packages i.e £ 200.000.000.

 

If Equity alone was used they would not/could not borrow the sums required as we are led to believe that funding will only be granted on 60% equity, so where did the other £80.000.000 come from? certainly not on the assetts of the Kestrel Companies they have none

 

The Chief Executive of Swift Advances Plc Mr John Webster on being questioned many, many times about these transactions has stated that only the equity was transferred and that Swift retained Title to all the properties.

 

 

 

This we could accept if it were true, but the question arises, the equity value appertaining to these loans do not amount to the sums borrowed by the Kestrel companies in order to purchase the loans and mortgages at full value and pay Swift the full value of them.

 

To do this the Title equity of and in the properties MUST be used, that means the transfer of Title.

Swift deny this.

 

However this leads to the biggest questions of all.

 

If equity assignment/transfer was all that was done, and this is all of what was used by the Kestrel companies to borrow these further funds,

 

1.…Why did Swift Advances Plc not borrow these extra funds themselves on this basis?

 

2.…Why involve other companies?

 

3.…Why resurrect a dormant company ( Kestrel Loans No 2 Ltd) to borrow funds in this syndicate and once borrowed return this company to dormant state with these mortgage loans outstanding on their books?

 

It appears that Swift could not do this as it would be seen by the funding banks (who were the same banks the initial borrowing was with) that the same security instruments was being used again by Swift to borrow again this would be seen as an attempt to “ double borrow”.

 

Swift therefore use their own internal companies to carry out this double borrowing for them, this in our view is extremely serious Fraud.

These companies are deliberately concealed from the public and the FSA and OFT and ICO, for the specific purpose to carry out these transactions

 

All the companies involved are involved in fraudulent double borrowing on a massive scale.

 

 

Finally if it is true that the Kestrel companies bought these loans and liabilities then Swift have no right to sue anyone on their own should any borrower default on their loans, as the Kestrel company whichever one bought the loans, owns the rights and liabilities, they therefore must be included on any Court documents as they are the ones the borrower owes the money to not Swift Advances

 

It therefore must follow that any and all present and past proceedings that are and have taken place and the possession orders have been unlawfully obtained and the Courts have been deliberately misled and deceived.

 

Yours sincerely

 

sparkie

 

 

-----------------------------------------------------------------

 

 

IF and When I have thought of more I'll post it

 

sparkie

Edited by Sparkie1723
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This is only my opinion reached by what I have found out since my fight in Court with Swift

 

Should anyone receive a possession application by Swift dispute it on the fact that you do not owe Swift any money.......you owe it to a Kestrel Loans company.........Mr Webster has inasmuch said so.

 

He has said in an email to me

" The transactions referred to in our accounts refer to loans that were sold by equitable assignment which is a valid and enforecable sale that transfers all the benefits, interest and liablities"

 

"Legal title remained with the Originator no legal transfer took place"

 

What he is actually saying here is that they say they own the Title to your property BUT................ you owe the money to a Kestrel Company ....he's just said so...............and as they are suing you for money..................Then surely the Kestrel Companies name must be on the Court Documents.

 

 

Just my view.......needs a good barrister on this one...but I believe that I am 100% correct.......not that's anything to go on :D:D

 

sparkie

Edited by Sparkie1723
spelling as usual
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I hope that anyone who has a loan with Swift have just read what you have written above sparkie, because by god :eek: that is a lot of mind blowing information to digest if it is proven to be true.

I wish I had a loan with Swift instead of Blemain then together we could blow this company to kingdom come.

Blemain wrote to me a few months ago and said that they operate similar to Swift, now I would hardly see that statement as a compliment would you? especially after what is happening to Swift at present.

 

I believe that something really positive will come out of this, its just a matter of time, and sparkie you seem to be hot on the trail of Swift and by the looks of things I can see another Titanic disaster heading their way very soon.

 

Keep up the good work, I follow with even more greater interest now :D

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I hope that anyone who has a loan with Swift have just read what you have written above sparkie, because by god :eek: that is a lot of mind blowing information to digest if it is proven to be true.

I wish I had a loan with Swift instead of Blemain then together we could blow this company to kingdom come.

Blemain wrote to me a few months ago and said that they operate similar to Swift, now I would hardly see that statement as a compliment would you? especially after what is happening to Swift at present.

 

I believe that something really positive will come out of this, its just a matter of time, and sparkie you seem to be hot on the trail of Swift and by the looks of things I can see another Titanic disaster heading their way very soon.

 

Keep up the good work, I follow with even more greater interest now :D

 

HI fretful,

 

If Blemaim operate the same as Swift then they are also in trouble............but I do not think that Blemaim sell to/ transfer/ securitize with " Invisible" companies.

 

sparkie

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HI fretful,

 

If Blemaim operate the same as Swift then they are also in trouble............but I do not think that Blemaim sell to/ transfer/ securitize with " Invisible" companies.

 

sparkie

 

They don't that we know of;), yet, but who knows what goes on behind closed doors in the financial world today. I mean if Swift do this then how do we know that non of the others are also operating like this. Makes one think hey, and wonder:rolleyes:.

 

I know you must be up to the eyeballs sparkie and hope you had time to read my pm yesterday.

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  • 2 weeks later...
Guest blackie

Swift Changes In Charges.

My Oh Advises That I Have A Letter At Home Advising That Swift Are Changing Their Charges, Anyone Else Had One.

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Guest blackie

Doubt that very much, but have you looked at the charges, they don't seem that different to me. However there is something about them not charging in you have made an arrangement and keep to it. But this is government guide lines anyway, so perhaps we might be able to reclaim those charges. Who knows

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Yes ask for a refund and if you don't get it go to the FOS - they WILL argue your case in getting arrears charges back while you're sticking to a repayment plan, also charges made while your account is being handled by their solicitors (some if not all).

SJ;)

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Guest blackie

I think everyone on this site has asked for a refund and been told NO NO NO. Swift are a law unto themselves, even solicitors and barristers don't appear to know the law as well as Swift, who by the way can afford to pay some pretty nifty London Barristers. Me I've given up, as long as I can keep my house, and manage to pay their extortionate interest rates I'll live. Just could not face another year like the last one, nearly finished me off and my OH. Its quiet at the moment and I so need the peace.

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Hi Blackie

Changes are in the air, I am in the process of an FOS complaint and the Adjudicator HAS got Swift to offer a refund. Take heart from this. Pressure IS being put on them to mend their ways. If you have the energy (I know what it takes), go through the complaint procedure with Swift and if you don't get anywhere go to the FOS. I know not everyone can - depends on your loan (sorry Landy) but you will have a good chance of getting some charges refunded if you can. SJ

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Hi sweetjane, whilst your on the topic on refunding charges is it possible that I can ask my lender Blemain to refund my charges too. There must be over 20 letters of arrears reminders at £35 each letter.

If my lender does not comply then could I also complain to the FOS, my loan is over £25k and unregulated.

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