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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
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    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Relevant to readers of this forums also !!! FSA Fines GMAC - Excessive Fees !!


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Hi 42man

 

My wife and I are currently in arrears with swift, do we just contact the FSA and complain, obviously,after we find out from swift what "fees" and "charges" we have accumulated?

 

any tips/templates to use etc... would be much appreciated.

 

Regards

 

Doc

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Guest blackie

Hi Doc

Swift are not quite so forthcoming when letting you know about their charges. I was only £1,000 in arrears and in less than six months managed to tot up £1,365.00 charges. Even though I send a cheque in part payment of £550.00 they do not reduce their charges.

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I think you'll find with this FSA ruling today, that they will find it incredibly difficult to convince a judge otherwise that their fees are justifiable !!! £21 for a letter ???!! I don't think so....and a monthly 'fee' of £70...??!!

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Is Swift a subsidary of GMAC or is it I-Group?

ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE either SPML/PML/LMC/SPPL; the following are DIRECT tel#s, of the investigating & prosecuting organisations:

 

DO NOT say you are from CAG-only directly affected or a concerned citizen. 

1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633 

2. CH : Lee Jenkins(prosecuting Amany Attia(MD) for SPML/PML) @ 02920 380 643 

3. CH : Mark Youde(accounts compliance) @ 02920 380 955 

4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108 (part of the Insolvency Service) investigating all the Lehman lenders 

5. CIB : Jeremy Pilcher('unofficial'-consumer/company lawyer) : tel#0207 637 6236  

http://petitions.number10.gov.uk/Subprimefees/#detail

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If GMAC have been fined for charging unfair penalties then I think the same rule should be applied to all the institutions sub-prime lenders and all high street lending mortgage companies too.

 

Blemain Finance charge £35 a letter and according to their terms and conditions they are justified to send a maximum of 4 letters a month. I think this latest victory should be taken full advantage by all those who have dealings with swift, first plus blemain and all the other secured loan companies that think it is alright for them to charge their customers these extortinate penalties when they fall in to arrears.

 

GMAC are a sub-prime lender and this is a very good first step taken by the FSA, let's hope this will be the first of many victories for the consumer. Like I said this should be a vital key point for everyone not matter what company they have their loans or mortgages with, to be able to have the right to raise a very good argument about being charged such high penalties for arrears, returned direct debit and anything else they feel is wrong.

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I can't agree more with you FF....I think those who have been subjected to these kind of charges, should feel bullish about this excellent move by the FSA and the opportunity to get sub prime lenders to refund all the excessive charges + contractual interest......Especially so that the FSA have said this move is a message to others !!!

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I have tried looking on the FSA website to see where I can complain to them about swifts extortionate charges, however all I can find is how to complain about the FSA.

Do they have an online complaints area?

I think its great to say complain complain complain...but the question should be, for me, that is, HOW??

Edited by Doc2527
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Gather all your paperwork and correspondence, and send it to

 

Margaret Cole

Director of Enforcement and Financial Crime

The Financial Services Authority

25 The North Colonnade, Canary Wharf, London E14 5HS

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That is better....still a bit hard to read in some places, but there again Swifters will probably have these....(it would also be interesting if anybody has some which are different !!!)

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Guest blackie

Right, I have my most recent statement from Swift, 6,000.00 in charges. Should I send a copy of this to Margaret Cole. We know Swift will say that we signed up and were given a copy of their tarrifs, but I can not say I remember receiving this when Central Credit organised my mortgage with Swift.

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I think you should mention the Title Insurance Premium, the secret commission paid out, the charges, and anything else you are not happy about ? Are you getting a statement every year ?

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I think you should mention the Title Insurance Premium, the secret commission paid out, the charges, and anything else you are not happy about ? Are you getting a statement every year ?

 

Can I include the things above when I write my letter of complaint to my lender. There are so many things I want to ask them, and the more things I am entitled to ask the better it is.

 

frett

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Swift's £70 per month monthly management charge is criminal, along with their £35 per month 'monitoring your account while in arrears fees'....I can see a BIG fine coming for Swift.....

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