Swift advances want to reposess our home via a local solicitor

[Sparkie1723]

Hi Sparkie

 

Many many thanks for your "swift" (no pun intended!!)reply, I really am in awe of your amazing knowledge.

 

How should I now proceed?

 

Do I quote this information to them or can you help me with a form of words?

 

Again I'm humbled by your knowledge, please forgive me if I sound like Uriah Heap!!??

 

Doc:)

 

Hi Doc2527

 

Steady on mate I'm no lawyer just a simple auto electrical Engineer, but I look for stuff you can't really see.... but I still find it .... electricity!!!!!

 

If you feel you would like me to draft a letter to Swift for the attention of a Mr Mark White the Risk Manager who attends all Swift repossession claims just to give him something to splutter his coffee all over the place will do just let me know.

One last question when did your agreement become executed? can't make the date out

sparkie

Edited December 28, 2008 by Sparkie1723

[Doc2527]

Hi Sparkie

 

I don't liv in England so I'm not sure if he would appear at mine?

i'd be interested to read your letter however?

 

Can you advise me if I should still complete the form they sent me, as they appear to be dead keen o go ahead with the repossesion order!?

 

doc

[Sparkie1723]

Hi Sparkie

 

I don't liv in England so I'm not sure if he would appear at mine?

i'd be interested to read your letter however?

 

Can you advise me if I should still complete the form they sent me, as they appear to be dead keen o go ahead with the repossesion order!?

 

doc

 

 

Is this the form they send with the possession application to the Courts or is it the one that Eastern Counselling send out before tha court summons?

[Doc2527]

Hi Sparkie

 

It has Eastern coumselling at the header of it.

 

doc

[Sparkie1723]

Hi Sparkie

 

It has Eastern coumselling at the header of it.

 

doc

O.K. That's just another office in Swift, they are just putting feelers out.

 

Dont send that back I will dreaft you a letter to Swift that will make them seriously consider that they are in trouble with your agreement,

 

I'll post it up later.

 

 

sparkie

[Sparkie1723]

Hi Doc 2527,

 

Can you tell me when you signed the agreement and when Swift signed please I need it to put in your letter to Swift,

 

sparkie

[Sparkie1723]

Here you go mate.

Send Mr White this letter for starters ...lets see what his reply is.

 

sparkie

 

 

Your Name and address

 

 

Date

 

Your agreement Number

 

To Swift Advances Plc

 

 

For the Personal attention of Mr Mark White

Risk Manager.

 

Dear Mr White,

I am in receipt of correspondence from Swift Advances Plc stating that an application for possession of our property will be made unless we pay all arrears on or credit agreement.

 

I write this letter to you to inform you that I do not believe a Court will grant that order.

 

I say this for the following reasons and trust that you will seriously consider these before steps you intend to take are taken.

 

Constuction Form and Content of our Loan agreement.

 

1…The agreement heading states that it is an unregulated Credit Agreement.

 

This cannot be so for reason it is actually a part Regulated Agreemen, consisting of two separate loans..

 

 

2…It has been argued in a previous Court case by Counsel for Swift Advances Plc that the Fees shown in the Other Financial Information box, cannot be added to the Principle loan total, and yet the agreement in the notes directly following the signature boxes states categorically that these fees and charges are in fact loaned by Swift.

 

It must therefore follow that these fees and charges are in fact a second loan, separate from the Principle loan, but is a linked transaction within the agreement, and as it is below the financial limit of the Consumer Credit Act 1974, falls within the full remit of that Act.

 

This loan must be considered as a restricted use loan agreement under the 1974 Act and is a Debtor Creditor Supplier loan agreement falling under section 11(1) b of the aforesaid legislation, and is a fully regulated agreement.

 

3…Therefore this agreement is incorrectly stated as what the agreement really is, it should state clearly at the top that it is a Consumer Credit Agreement (Partly) regulated by the Consumer Credit Act 1974 (amended 2006) as stated in the Consumer Credit Regulations 1983 ( Amended 2004) and which came into force on 31st May 2005.

 

4…With reference to the monthly repayments in the Key Financial Information box, as I have knowledge that it has been stated in Court by Swift Advances that the Broker fees and other charges cannot be added to the Principle Loan. Therefore it must surely follow for that very reason, the monthly repayments of the secondary loan also cannot be included in those monthly payments and they are incorrect on this agreement

 

 

5…Subsequently the monthly repayments shown repayable on this Principle Loan are incorrect

 

6…As there is no interest rate shown in the Key Financial Information box appertaining to this loan, this must be considered to be an interest free loan.

 

7…As the second loan shown in the Other Financial Information box shows just a rate of interest of 11.08 % variable this also does not comply with the CCA regulations 1983 (amended 2004) Form & Content of Credit Agreements it must be stated as APR % rate variable.

 

8…Due to the fact this second loan is a Regulated loan under the aforesaid Act, in order to comply with Regulations it must be shown to be broken down into boxes, and the financial information as shown in the example below. This agreement must also have its own set of terms and conditions.

I bring this ruling extracted from an appeal Court Ruling to your attention.

 

“Those minimum provisions combined with the requirement under section 61 that all the terms should be in a single document, and backed up by the provisions of section 127 (3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them”.

 

 

Box A Brokers Fees £XXXX

_________________________ _________________________ __________________

Box B Loan Administration fee £XXX

_________________________ _________________________ ___________________

Box C Title indeminity Fee £XXX

_________________________ _________________________ ___________________

Box D Total Credit £XXXX

_________________________ _________________________ __________________

Box E APR(annual Percentage rate of interest % Fixed or Variable

 

 

Box F Period of Repayment Mnths /Yrs

 

BOX G Monthly Repayment £XXX

 

Box H Total Charge for credit £XXXXX

 

Box I Total Amount Repayable under this loan is Box D plus Box H

£ XXXXX

 

 

9…This second loan should also contain the following statement

containing wording similar to this below.

Your attention is drawn to this Special Note

The total amount shown payable under this loan does not take into account any change in interest rate that may occur and is only given as a guide based on no change in interest rate throughout the period of the loan.

 

 

10…It must also contain this notice.

 

Multiple agreements of which at least one part is a credit agreement not regulated by the Act.

IMPORTANT – READ THIS CAREFULLY TO

FIND OUT ABOUT YOUR RIGHTS

That part of this agreement which deals with [….]* is a regulated agreement under the Consumer Credit Act1974. As a result certain requirements for your protection should have been complied with when it was made. If they were not, the creditor cannot enforce this agreement without a court order. The Act also gives you a number of rights. You can settle the regulated agreement at any time by giving notice in writing and paying off the amount you owe under this agreement [which may be reduced by a rebate]** [Examples indicating the amount you have to pay appear in the agreement.]***

If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens’ Advice Bureau.

 

I suggest to you that my Credit Agreement with Swift Advances Plc is totally unenforceable and unlawful, and should you take the action threatened action, to apply for a possession order it will be contested and defended most vigorously and challenged under Section 140a,b, & c. of the Consumer Credit Act 1974 (amended) 2006 as an Unfair Relationship.

 

 

I also make you aware of the following:

 

“Section 127 (3) coupled with sect 61 of the CCA 1974 states that if a specified core term is missing the agreement is unenforceable the APR is considered a specified core term of any CCA agreement”

 

 

I suggest that you return all sums paid to date on this agreement plus interest at contract rate, and that you release the charge on our property forthwith.

 

No further payments will be made on this agreement unless ordered by the Court in any proceedings taken by either party.

 

 

Yours Sincerely

Edited December 30, 2008 by Sparkie1723

[pinknico]

Sparkie you are a genius:D

 

Good luck Doc2527, I hope this works out for you.

[Sparkie1723]

Hi doc,

 

You may also wish to add to the letter the following....

 

In addition to my submission that the agreement is a multiple agreement within the meaning of the CCA 1974. I further submit to you that the Title Indemity Fee as it is stated on the agreement, is in truth mistated and misleading.

It is in fact an Insurance Premium Payment and not a fee as such.

It is as I have said and the information given out by Swift Advances which state it is an Insurance Policy Premium.

 

I am therefore entitled to a copy of the terms and conditions of this policy as I am the one who has paid for it......No terms and conditions of this policy have been supplied nor has a copy of the policy.

 

This is another aspect of the agreement that makes it unenforceable.

 

I think you should make our Mr White think even harder.

 

sparkie

[42man]

Any more news on this at all ?

[Doc2527]

Hi

 

We have both received a letter fom the solicitor acting on behalf of Swift, this is what the letter says:-

 

We enclose herewith Notice to Quit for your attention herein.

 

AND TO ALL WHOM IT MAY CONCERN:

 

TAKE NOTICE that the tenancy created by you and SWIFT ADVANCES Plc by way of Deed of Mortgage and made between you and the said SWIFT ADVANCES Plc of certain premises situate and known as "My address is here" shall determine upon the expiration of seven days from the service of this Notice upon you and the said SWIFT ADVANCES Plc shall enter into and take possession of the said premises.

 

DATED this 13th day of FEBRUARY 2009

 

 

 

We are both terrified of what happens now, we have maintained our agreed payments to them,however when trying to make the end of Januarys payment online, the onlone service would'nt accept my agreement number, as it was on a saturday,their offices where closed so I couldn't phone anyone, i emailed them on the saturday stating this. Unfortunately i still couldn't make a payment, unfrtunately my OH father passed away on feb 1st, I contacted them on the Monday 2nd and made the agreed payment.....has this all kicked off because I did'nt pay it at the end of the month, or is this their normal process of repossession?

 

sorry to ramble, but any further help/advice would be greatly appreciated as we are at our wits end, and my wife is further upset not only because of the death of her father but by this recent event.

 

Many thanks in anticipation,

doc

[jansus]

Can i just clarify that you had a suspended PO and you have a current agreed arrangement that you have now adhered to - but this month for understandable reasons you were late on the payment - you have not missed the payment.

 

If so you will need Ell-ens help to quickly appeal against the eviction. I am guessing the court will be on your side:)

[Doc2527]

Hi Jansus

 

I assume a PO is a possession order? is this something legal I would have been sent? as I don't recollect receiving anything of this nature.

 

I did receive a letter from swift asking me to sign accepting the agreed payments, but it wasn't a legal letter.

 

Regards

 

Doc

[jansus]

Have you never had a court hearing about the arrears at all?

 

They can not take possession without a court hearing surely?

 

so reading through again - all you have had is a letter from the solicitor stating they will commence proceedings if you dont pay the arrears. Then the next letter arrives when you paid late ,because of extreme circumstances,and is threatening to come in and take possession?

 

Nothing about a court order or a hearing?

 

Nothing from the lender either?

Edited February 14, 2009 by jansus

[Ell-enn]

Hi there, well given the short timescale the solicitors have given in the letter I think you need to ring the solicitors and ask what court order they intend to enforce to enter your property!

 

We need to find out if they have indeed taken court proceedings and been given a suspended possession order without you knowing (unlikely). However, I do think they are trying to scare you with this letter and they have not taken court action.

 

Who are the solicitors?

 

 

Ell-enn

[Doc2527]

Hi

 

If there was a court hearing, forgive me for sounding stupid, would I not have been sent some sort of letter to attend, if so I never got any such letter.

 

Below are comments I had made in an earlier posting:-

 

Hi Ell-en

 

Many many thanks for your great help,it made christmas time with the family,a little less anxious.

 

I received a letter from swift, stating what I had offerred them off the arrears in addition to the normal monthly installment. They confirm that we should pay this each month.

 

They state that court proceedings willnot be stoped until the arrears are cleared. They said that the court will make an agreed possession order which will include the terms of the offer you have made.

 

They then go on to say that if we agree this proposal please sign and return one copy of this letter within seven days as this will be presented in court as evidence of your offer and incorporated into an order.

 

They say that I need to attend court and take your copy of this letter with you. (the letter was dated 22nd December 200:cool:.

 

HELP!! what should I do now???

 

PS I'm not sure what charges they have added on,also I don't think I took out any PPI with them?

 

regards

 

Doc:confused:

 

again any help would be much appreciated as I am feeling very confused??? what do I do ??

 

Doc:-o

[Doc2527]

Hi Ell en

 

I can tell you the solicitors name if you wish, however they are not in England.

 

Doc

[Ell-enn]

I received a letter from swift, stating what I had offerred them off the arrears in addition to the normal monthly installment. They confirm that we should pay this each month.

 

They state that court proceedings will not be stopped until the arrears are cleared. They said that the court will make an agreed possession order which will include the terms of the offer you have made.

 

They then go on to say that if we agree this proposal please sign and return one copy of this letter within seven days as this will be presented in court as evidence of your offer and incorporated into an order.

 

They say that I need to attend court and take your copy of this letter with you. (the letter was dated 22nd December 2008 ).

 

I noticed in this post that Swift say you should still attend court:confused: did they give you a date that you were supposed to attend? I'm beginning to wonder if there was a possession hearing that you were not aware of and they got a possession order. Very confusing - we need to get to the bottom of this asap.

 

Ell-enn

[Doc2527]

Hi

 

I was never given a date, hence my confusion as to how they can do this without me being notified?

[Ell-enn]

Doc, are you in Scotland or N. Ireland

[Doc2527]

Ell en I'm in N.Ireland

[Ell-enn]

OK, I'm now wondering if Swift have had a possession hearing in an English court which you were not aware of.

 

Ring the solicitor first thing on Monday morning and ask what court order they are attempting to enforce - if their office is anywhere near you (I note you say in your thread title that the solicitor is local) go and see them (you'll need to take ID and their correspondence with you) and ask for a copy of the court order (if there is one!).

 

This whole thing is sounding fishier by the minute.

 

Ell

[jansus]

Thanks Ell-enn, does all sound very harsh especially in the circumstances.

 

Lets hope on Monday the poster can get to the bottom of what is happening.

[skates]

Hi Doc

 

Was just having brief read through of your posts re Swift. I notice that you state you are from Northern ireland. I work for CAB in NI as money advice worker and deal with swift quite regularly. In my experience they use NI solicitors and proceedings would be taken via high court in belfast and I would suggest if you haven't already done so you may want to approach CAB since we have numerous dealings with swift.

Alternatively you could try the housing rights service in belfast.

 

They do not usually start proceedings in england.

 

What part of NI are you from?

 

Who is the solicitor? if it is michael bennett of mc cartan, turkington and breen then they are very cunning!! These are usually the solictors that swift use.

 

regards nic

[pkelly]

Hi Doc

 

 

Don’t worry about them. You one of the lucky ones, it’s the exact same as my friends.

 

Anyhow I presume you to have an interest free loan like ourselves?

 

Don’t worry a think about it, you even paid for their insurance if there is a problem? So don’t worry about them either, lol

Edited February 23, 2009 by pkelly