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    • The last part regarding Section 75 can be dis-regarded, as stated by @dx100uk in post #21 the dispute revolves around grounds for a chargeback.   I have read through the conditions for a chargeback when paying using a MasterCard here.   The closest I can come to describing the situation I encountered is either under the grounds of: 1) Credit not processed. or 2) Purchase transaction did not complete.   It is likely these terms relate to the fact that a payment must be returned if is not processed or completed. However I have no choice but to argue that the two payments were induced as a result of several credits not being processed, or the fact that multiple transactions did not complete and that was the root cause of the two payments and thus one of the payments qualifies for a chargeback.   It is likely I will require a degree of latitude from the Court for not making this clearer earlier, however this can hopefully be cleared up in my witness statement prior to any strike out or judgement hearing. It may be possible to argue that what I was asking Lloyds to carry out amounted to a chargeback and that Lloyds staff should have been aware of this and therefore were incorrect in insisting that I should contact the merchant. If I am successful I will consider asking the Court to make a discretionary award for the inconvenience I have been caused as a result of Lloyds misconstruing the dispute as a Section 75 claim. This can be evidenced by the phone call where their customer agents I spoke to took little notice of the circumstances surrounding the payments.
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    • Actually the direct link to starting a claim on the service is /img/lib/opengraph-image.png?0.26.0 Try the new online service - Money Claims WWW.MONEYCLAIMS.SERVICE.GOV.UK   I see that it is in beta so it is still being trialled. By means go ahead and try it out. I expect that it all leads to the same place in the end but maybe you can let us know what you think about it. It certainly looks more friendly
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Mortgage Fraud: Eviction Feb 18,2009! Please Help!!


Bonita21
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I hope swift and their expensive solicitors are proud of themselves as due to me helping my parents save their home I too have now fallen into arrears with my rent the way things are going swift is crippling us and will end up losing us 2 homes! They should be shut down!

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Go back through this thread and you will see various things I have asked you to get together...... get as much as you can.

Go through every single peice of paperwork your parents have and see what there is relating to Swift. File everything in date order.

Whilst going through your parents paperwork see what else the freind did on their behalf and file it in date order seperately.

Ask your parents if they remember signing for their ID being returned by Special Delivery.

Talk to the police again and see what they did in their investigation.

 

EDIT

I see Swift are saying there were several advances - check where these were paid. For there to be more than one advance the original must have been up to date - check which account it was paid from.

 

Also pay your rent.......

Consumer Health Forums - where you can discuss any health or relationship matters.

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Guest blackie

Swift are ruthless. I have been having problems with them since December 07 when my husband was taken very seriously ill. They have pulled every trick in the book, refusing any assistance at all. Now they are taking me to court for mortgage arrears they want possession. They have increased my payments not reduced them and to be honest there is not a dammed thing anyone can do. They have all the power, the judges don't want to listen and solicitors cost a fortune. I have been lucky in finding a good solicitor who is not going to rip me off, but only at the last hour, we are in court tommorrow, she is trying for an adjournment, so fingers crossed. Swift are liars and thieves, but who can stop them.

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I think it is time for the media to get involved with Swift advances ...Papers Watchdog, Panorama etc.....So get writing, phoning E-mailing these ....if we can get as many as we can contacting them they will start investigating, I'm starting to day

 

sparkie

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Guest blackie

Well done Sparkie, I wish I could help, but if my company found out I was in any money problem I would probably lose my job. I do know that GMTV are asking people to email in their stories. I wonder if enough of us email them about Swift they might highlight the situation. I have seriously thought about writing to Alistair Darling about Swift, but somehow I don't think he would be interested. Swift need stopping at all costs. I will let everyone know how I go in court tommorrow hoping for an adjournment, but knowing Swift they will pull something out of the bag.

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Well done Sparkie, I wish I could help, but if my company found out I was in any money problem I would probably lose my job. I do know that GMTV are asking people to email in their stories. I wonder if enough of us email them about Swift they might highlight the situation. I have seriously thought about writing to Alistair Darling about Swift, but somehow I don't think he would be interested. Swift need stopping at all costs. I will let everyone know how I go in court tommorrow hoping for an adjournment, but knowing Swift they will pull something out of the bag.

 

Posted ref wrong person

 

Blackie

ask for that adjourment because you need more time to prepare and amend your defence an d prepare a counter claim argument ...I can give you one regarding the fees they charged if you can get more time

 

sparkie

Edited by Sparkie1723
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Bonita

 

I think it will look bad on Swift if they do not provide you with evidence that you need .

 

So as you have lost faith in your solicitors I would consider the following:

 

Write a recorded letter to Swift:

 

In respect of the court hearing I urgently require the following;

 

Details of all the transactions on the mortgage and details of the bank accounts where payments have come from or advances have been made to.

Evidence of ID that was used for the mortgage advance

Any evidence of when the valuation of the property took place the name of the valuer and who was present

I assume a DD was in palce at the begining of the mortgage - please send a copy of this document.

A full copy of the mortgage application form.

 

( your parents will have to sign the letter - but make sure they put crosses through sig so can not be copied)

 

 

Make sure recorded or registered so you can show court copy of the signature if they do not reply

 

 

Also get in touch with the police ask for the name of the person dealing with the case and ask for a contact email if possible. Explain how urgent it is that you have a written report on what is happening with the case.

 

Is there anything else that you think you need for evidence ? What about the Broker - Maybe you should ask him for documents as well?

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Bonita,

 

I have just read through the whole of your sad thread - my heart goes out to you and your parents and I hope and pray that those swines at Swift will get their come-uppance for the appalling way they have treated your family.

 

I can sympathise with your plight, as almost two years ago Swift and their evil tactics drove my husband to try to kill himself by taking an overdose of painkillers. We are over all this now and are finally trying to reclaim some of the money they unlawfully took from us.

 

Please take on board all the advice given freely here and very good luck to you with your fight against Swift. Please don't give up hope as you have so much support behind you.

 

Take care,

 

Landy x

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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Hi Sparkie

I agree media shpuld be involved. I have an update for you on my case and wonder whether I should pm latest documents to you. Court 12th March for suspension of possession order but of course Swift are contending the issue and have since had a threatening letter from them. I am at my wits end .

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I have spoken to the poster by pm as I dont think it wise to post full details of everything on the thread - especially when we are aware of the lenders reputation. From the details I have been given I think we are all of the same opinion about what needs to be done and I am going to check with Ell-enn what she thinks the judge will need to see. Again as far as I can see the hearing will not be about proving the fraud but to check that there is a case to answer which would again postpone the eviction?I think Bonitas parents escaped by the skin of thier teeth this time - thanks to Ell-enn .

 

For the police I think we need to know also - have they interviewed the "witnesses" - do they actually exist? And they need to provide a written statement on how the case is progressing - and Bonita you should send them a copy of the eviction notice to emphasise the urgency. I am sure the police have email so you need to get the address of the person dealing with the case to speed things up.

 

Please note that with all the good will in the world we are not legal experts and would still recommend you have a solicitor- so either give yours a kick or as was suggested get along to Shelter pronto and ask for their help.All we can do is prompt you to ask the correct questions.

 

Reference your solicitor I suggest you :

 

Send them a letter or email with a copy of what happened at the hearing.

 

emphasise you need to know are they acting for you are not? State that your parents came close to losing the property.

 

Ask them - Have they ever recieved or asked for evidence of the bank acount number account where the loan monies were paid to?

How have they advised Swift that the account is in dispute?

Why did they not reply to the letters from Swift?

What is thier recommended course of action to prevent another eviction date? Do they have any documents form Swift that they have not shown to you? Have Swift ever refused to provide any documents? If so which ones and what are they doing about obtaining such documents?Can they guarantee they will represent you at any future hearings?

 

When you have the answers to those questions- and any of your own you can consider paying the bill ( I assume they have sent you an itemised statement of what they have done so far?:))

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I would also urge you to go and see your local MP too....make him/her aware....

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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Guest blackie

Good news, I got the adjournment, although Swift solicitors were pretty heavy going and seemed determined to get possession order. I truly believe they have not followed Protocol, although they insist that they have tried to make contact with us, however they have dates and times that I know they have not made these calls, thank god I had paid for a paralegal to be with me, he disputed most of what they said. However the adjournment is only for just over a month while both parties prepare proper documentation. I think perhaps if I coud get statements from other people this may help, anyone got any other ideas that might help me prove that Swift are complete and utter liars. They also informed the judge that they had to increase their interest rates because the cost of their borrowing had risen by 50%. The interest rate they are supposed to be charging me does not equate to the repayment. Going to take this one step at a time.

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Yey you!!

 

Yep 1 baby step at a time is where I'm at too - but isn't it lovely jubbley just to have the breathing space!?

 

CAG are gonna need shares in Bollinger at this rate what a week!! Cx

what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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  • 2 weeks later...

Hi all,apologies for not posting any sooner as I have been very unwell with depression and exhaustion.

I was hoping on some advice amongst my fathers paperwork I have found a letter from the family friend and my cousin stating that they owe my father 220,000. I was wondering would that be a good document to hand into the police as in my eyes it is a direct confession and would help the fraud investigation?

I would be very grateful for any advice

Kind Regards

 

Bonita

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Hi bonita,

 

Sorry you have not been well hope yu are feeling a bit better.

I would go to the police with that letter and request that they interview that "friend & cousin" and to give the police the answers as to what the circumstances are of how they come to owe that amount of money to your father, where did your father get the money from to lend them?....they would then have to admit that your father did not actually "lend " it to them they obtained it by "posing" as him.

 

sparkie

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Hi all,apologies for not posting any sooner as I have been very unwell with depression and exhaustion.

I was hoping on some advice amongst my fathers paperwork I have found a letter from the family friend and my cousin stating that they owe my father 220,000. I was wondering would that be a good document to hand into the police as in my eyes it is a direct confession and would help the fraud investigation?

I would be very grateful for any advice

Kind Regards

 

Bonita

 

I hope you are feeling better soon.

The letter may be useful to the police, but where does it amount to a direct confession of fraud? Could you post the wording? I am not doubting you, but you ahve to realise that to prove your fathers innocence you are going to be asked loads of questions and it sounds like this person has been very good at covering his tracks. IE, would a non involved person look at this doc and believe that you father had lent his freind post remortgaging? Is there any ref to repayments where the funds came from etc?

Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi, thank you all for your kind advice and response the exact wording of the letters are as follows:

 

At this time I must also point out that due to my heroin addiction circa xxxxxxx I am also in debt to xxxxxxxxxxxxxx. The debt is of £220,000.

 

Thank you

 

Bonita

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HI Bonita,

 

It sems to me that his family friend and cousin "may be" involved in the drugs trade ...this is only my personal opinion and not of the CAG forum or any other member purely from my own deducements....if this IS correct ..then you MUST make the police aware of as fast as you can

 

sparkie

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Hi

 

sorry to hear you have been ill.

 

What happened about your solicitors? Are they going to act for you?

 

I agree you must contact the police and let them know your parents are still in danger of losing the house .Take several copies of the letter and hand the evidence over and ask for a full written information of where they are with the case as you will need it for your parents defence.

 

Did you get anything in writing from the court after the last hearing?

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi, thank you all for your kind advice and response the exact wording of the letters are as follows:

 

At this time I must also point out that due to my heroin addiction circa xxxxxxx I am also in debt to xxxxxxxxxxxxxx. The debt is of £220,000.

 

Thank you

 

Bonita

 

Trouble with this it doesn't in anyway prove fraud only that this person a) has a drug addiction and b) owes your father a large sum of money.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi

 

Just to add my thought on the letter.

 

If it has been hand written maybe the handwriting can be matched to the signature on the mortgage document. Surely this would go towards prooving fraud.

 

Now thats a good avenue to pursue.

Consumer Health Forums - where you can discuss any health or relationship matters.

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