DazPen vs Swift

[dazpen]

Can you check these please. I think i have a case!

Edited July 15, 2009 by dazpen

[overdone]

I think the early repayment penalty fees should be in the Guiness Book of records. Have you paid the loan off? What year did you sign this in?

[landy_alert]

I think the early repayment penalty fees should be in the Guiness Book of records. Have you paid the loan off? What year did you sign this in?

 

Surely they can't be serious:eek::eek:

[dazpen]

2006 it was signed in. Pure desparation!!!! Have you noticed the broker fee has not been taken from the loan but as i can see added. Rearlly need some help with this

[dazpen]

I would even be the cannon fodder to see theste baxxards in court!

[dazpen]

Can somebody look over the agreement to see if it looks legal?

[ScarletPimpernel]

Dazpen - I've unapproved the attachments in your first post. You need to ensure that you anonymise them better.

[Doc2527]

Hi ScarletPimpernell

 

I've PM'd you?

 

Doc

[dazpen]

Here is the agrements if someone could check them!

Swift scan.doc

swift scan 2.doc

Edited July 17, 2009 by dazpen

[overdone]

I can only see one bit of paper work. I am sure they gave you more than that. Could you put up all documents and so forth so an accurate analysis can be done?

[dazpen]

overdone i have gat both bits up now

[overdone]

I can't get over those early settlement figures. It looks like a very cute way of charging a thousand percent interest legally if you decide to pay up early. I'm going to send a Private message to a couple of Swift experts to draw their attention to this thread. It will take a few hours though before they appear and start commenting. In the meantime can you give us more of your story, like if you are up to date with your payments or not and what your immediate concerns are if any? This will help people negotiate a more informed course of action for you. Just hang on in there for the time being.

Edited July 17, 2009 by overdone
typo

[dazpen]

The story is i borred to pay another loan of and get uptodate with a mortgage before eviction. I am two payments in arrears and get letters weekly to both me an my partner.

[dazpen]

also in first document it says broker fee has been deducted from loan but infact it hasn,t so i wondered if it has been added?

[Sparkie1723]

Dazpen

 

We must see the pages of your agreement can you post them without your personal details??

 

sparkie

[dazpen]

i thought that was the ony things you need. tell me what you want excactly and i will provide for you

[Smarterchick]

What you have Dazpen is a multiple agreement.

 

I won't confuse you too much with the nitty's, but I'll try and give you something to use later on, can you please tell us what the situation is with Swift and the timescales and/or court process to date?

 

The agreement is a Regulated Credit Agreement

 

1) The money to GE is Restricted Use Debtor Creditor Credit as you had no control over it - they Swift sent it.

 

2) the Cash which they sent to you is Unrestricted Use.

 

Did they ask if you wanted to pay GE or did they say you can't have the loan unless you clear GE because no doubt GE is also a secured loan?

 

You require 2 categories of credit under the CCA to make your agreement a Multiple Agreement...may I suggest you read this thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html to familiarise yourself with the legals. Read page 1 - 4 , Print out the first post by PT and page 4 post 61 by elizabeth 1 and take it to any legal advisor, you can challenge any moves Swift make on you for repossession by putting this in front of a Judge...let the solicitors do it for you.

 

Come back once you've familiarised yourself fully and we'll talk you though it.

[dazpen]

can some one tell me if my agrement looks dodgy first of all. they said i had to clear ge loan to get new one. they will send letter to me with court date very soon

[dazpen]

Can any one shed any light on my agreement. Can you tell me what else you may need just to give me an idea. Cheers

[Smarterchick]

Can any one shed any light on my agreement. Can you tell me what else you may need just to give me an idea. Cheers

 

Dazpen, exactly what date did your agreement commence? You have blanked off the dates but the first payment is 26th July 06 - it makes a difference and to clarify this or act upon it you will need to take proper legal advice, none of us are lawyers so can only point you in a direction from our experience as laypeople. CAB or half an hour of any solicitor is usually free so long as they have Consumer Credit knowledge, will take you through this.

 

After April 2006 the decision on whether your agreement is enforceable lies with the court and the judge, any agreement prior to that relies on the CCA and in that sense your agreement would have been unenforceable as it, as pointed out earlier shows you have 2 distinct categories of credit so in your words ' is dodgy'...We are working on the precribed terms issue, but it is not as simple as saying yes it's unenforceable or no it isn't, it depends on numerous things, the date and your luck being just 2 of them.

 

Read the threads, get some legal advice because you certainly have an agreement which needs looking at. The best time to attack these people is when repo action has been issued to be frank as it saves you issuing a challenge and being lumbered yourself with the cost of that. Swift issue repo action, you issue counterclaim, if that happens we'll help put something together, but bear in mind we are no substitute for proper legal advice and we can't do it for you. we'll help as much as we can, but as I say, your agreement certainly needs looking into...we are working on the rest.

[Sparkie1723]

Stages of New CCA Act came into force

6th April 2006..................Extortionate Credit bargain ..replaced by Unfair Relationship Test ..Section 140

6th April 2007 Removal of Finacial limit 0f £25000

Full Statements of accounts to be sent at 12 monthly intervals.

time to respond to arrears notices extended from 7 days to 14 days...same with default notices

 

This is the important one

6th April 2008 "The discretionary power of courts: Courts will now have discretion to enforce all invalidly executed agreements; the restrictions on this discretion, which applied in respect of certain infringements, have now been lifted

 

This means that section 127 still applies to All agreements Made BEFORE 6th April 2008 ......after that any reliance on Wilson and First Counties and Wilson & Anthr v Hurstanger is gone.

 

 

sparkie

[dazpen]

The loan was taken out on 26 june 2006. Does this make a big difference? Does anybody no a good consumer solicitor?

[Sparkie1723]

The loan was taken out on 26 june 2006. Does this make a big difference? Does anybody no a good consumer solicitor?

 

 

Your agreement is covered by the section 140 of te New Act Unfair Relationship and has the extra protection of section 127(3) of the old Act.

 

Good Consuner solicitosr are few and far between 90% immediately say ...we'll have to get Counsels advice.

 

 

sparkie

[dazpen]

Had letter from swift saying they have issued procedings to go to court. Can any body help with my agreement please. I,m shaking and feel very unwell because of this.

[Smarterchick]

Dazpen, can you tell me if you have signed the agreement document and where on that document you posted earlier it was signed?