Swift Reclaim Charges and PPI

[jacqui_o]

Sorry for the length of allthis but there are pages in this letter from Swift...lol

 

As far as the PPI goes it is shown on the paperwork but we never received anyhtign relating to it, nothign releatign to it was sent with the SAR request, which I think it should have , or should it not?............. again it would be great if someoen could tell me if what they have given is allthey need to ..... or do we have a right to EVERYTHING as requested........

 

I have also aske dfor the underwriting sheet..........

 

yeah no surprise tot he fact I have not been given it....... but here is they're response..........like all other thignsi n this response am happy to post it if so asked.......

 

I note your comments where you state " We are also going to make a CPR31.16 request for specific documents, which we believe have not been supplied.......... As you maybe aware, this rule applies where an application is made ot the court under any act for disclosure before proceedings have started.

 

I have discussed your stated course of action with our legal team and they have provided the following response...........this is in bold writing....

 

In regards to pre-action disclosure, we are ofcourse aware of the requirements under Civil Procedure Rules Part 31.16 and the general pre-action protocol, but would sugest that in order to rely on the same you would have to demonstrate that you have A a cause of action b that proceedinf will be issued and c that it is likely that Swift will be a party to those proceedings.

 

In that respect, we refer to Butterworths Civil Court Practice under CPR31.16 which states:

 

The Court need ot be satisifed as to the liekly issues in the litigation and that the documents sought being those which would be disclosed on standard disclosure would either support or adversely affect the case of one side or the other.

 

You are of course free to make an application under 31.16 should you wish but any application will be vigorously opposed on the basis that you have not shown any of the above and will, we beleive, be ultimately unsuccessful. Further, inthe event that an application is issued , we reserve the right to place this letter before the court.

 

I believe I have addressed the points raised in your email of 2nd August and am unable to add or comment onthis correspondance further.

 

The issue ont he fraud act I am not going to post ont hepublic forum fo rth emost obvious of reasons............ suffice to say Swift have studied the account in detail and have found no trace of what they were asked about!!!! am now going to Dougal for the advice on taking htis to th ePolice...

 

the closing part Apart from the situation surrounding you recent email ( the fraud act one) I believe I have fully addressed your complaint. Our stance does remain the same as detaile din our previous letters with you. I am therefore unable to enter into any further conversations releating to the points discussed in this correspondance..

 

However if you do remain dissatisifeid witht e outcome of your complaints, your rights to refer these matters to the Financial Ombudsman SErvice as detailed in my letter of 16th july remain the same.........

 

So my guess is that the detailed explanation as to how this error happend and how it took over 4 years to be noticed is not going to be forth coming? surely we are entitiled ot it?

 

am going to ask Dougla about that one as well.......

 

any and all pointers and ways forward and letter willbe greatly appreciated........

 

Thanks and so sorry for the length

[jacqui_o]

Now here is what we have been sent.........I amhappy to scan and post all the answers givento all the questions they were asked if it would be of any help.......

 

when asked for the 4th time would they confirm that they had fully complied with our SAR and supplied everything asked for. this is the response...

 

We supplied you with the following information, which we believed would satisfy your request......

 

Credit Agreement,Legal Charge,Application form, authorities and declarations ( jsut ask for a signature and toleave everything else blank for them to complete) Transaction history, repayment record and disbursements......

[jacqui_o]

is it just my pc or has the site layout changed???????? cos I am seriously struggelign to find anything..........

 

up there^^^^^^^^^ you used ot be able to search subscribed threads and it was great took you to al the ones you were on.......

 

now i cant find anyhtinganywhere.........

[jacqui_o]

Can someone have a look at what I have posted up above and give me some pointers please?

[dx100uk]

yep new software running.

 

dx

[jacqui_o]

Can some one please have a lookat the above posting on Swifts reply and give me some pointers ??

[dx100uk]

it would be a lot easier to scan and post the replies

formating to make it easy to read get removed inb txt mode here.

 

scan your sheets/agreements

remove all pers info inc barcodes etc but leave all figures and dates.

goto one one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

browse to your pdf file and upload it

hit close this windows at the bottom below upload it box

 

dx

 

then pm landy

[jacqui_o]

I did scan it..lol. and made a mess of it. did it again and you DX fixed it and posted it for me.........lol. that is the loan agreeement......

 

do you mean post the pages of Swifts reply? sorry for being dense

[dx100uk]

please

 

dx

[jacqui_o]

I have just received this morning an anual statement of my account from swift....

 

Never in all the years of having the account has this happened......anyone else all of a sudden got these?

[lesterlass]

Hi J_O

 

They send them out annually now and are supposed to have done since October 2008.....not that it gives much information. I have a letter from September 2010 I have unpaid charges of £2,506.00 since October 2008.....god knows what that is now four months later. I will be paying then off for life at this rate!!!!!

 

LL:-x

Edited January 8, 2011 by lesterlass
SPELLING

[jacqui_o]

Never had one till this am...... you are a lucky girl you get an arrears statement. I have not had one of them.........

 

I have written asking for clarification on a great many point in my SAR, things that were missing........things that didnot appear on the disbursment sheet and the likes........ the arrears are only a couple of hundred and willbe cleard by march......

 

then its time for the refund of charges claim me thinks...........lol

[lesterlass]

Never had one till this am...... you are a lucky girl you get an arrears statement. I have not had one of them.........

 

I have written asking for clarification on a great many point in my SAR, things that were missing........things that didnot appear on the disbursment sheet and the likes........ the arrears are only a couple of hundred and willbe cleard by march......

 

then its time for the refund of charges claim me thinks...........lol

 

Hi J_O

 

Not exactly.....I have to work out how much arrears instalments are on there.....statement only shows payment and monthly interest, no actual statement of what I have been charged for. NO SURPRISE THERE!!!

 

A couple of hundred arrears.....they must like you......bet it will be more before March I am being charged 16.45%.

 

Cant go to much into detail BUT they are going to have to send me a break down of all charges and what for. (PM if you want to know more).

 

LL:???:

[Doc2527]

Hi LL

 

I've PM'd you about another item?

 

Doc

[lesterlass]

Hi Doc replied

 

LL:-)

[Doc2527]

Hi LL

 

Nothing has come through can you try again, please?

 

doc

[lesterlass]

Hi LL

 

Nothing has come through can you try again, please?

 

doc

 

Sorry DOC cleared some messages, with you now.

 

LL:|

[jacqui_o]

Hi Everyone,

 

I have yesterday received this response from the OFT, with regards a complaint About Swift..... PLEASE READ IT, TAKE IT ON BOARD AND ACT ON IT BY SUBMITTING SAR'S,PPI CLAIMS CHARGE BREAKDOWNS, ANY ISSUES YOU HAVE WITH THEM.

Consumer Credit Act 1974 (the Act)

Complaint against: Swift Advances plc (Swift)

Licence Number: 391618

 

 

I refer to your email correspondence to the Office of Fair Trading (OFT) dated 28 June 2011 addressed to Debbie Kitcher regarding your experiences with Swift Advances plc (Swift). In particular, you have contacted the OFT in relation to the fees charged by Swift on your account, and you have asked how many times are Swift going to be allowed to breach industry standards, and in some cases the law. You have further made references to Swift's trading styles and also provided details of instances in which you feel that the company has failed to respond to your letters and emails in a timely manner. I apologise for the delay in responding to your enquiry.

 

Under the Act, it is the responsibility of the OFT, as licensing authority, to monitor and regulate those businesses involved in consumer lending or related credit activities. This includes the high risk activity of secured lending. We also note your complaint makes references to Payment Protection Insurance (PPI). The sale of PPI is regulated by the Financial Services Authority (FSA) under the Financial Services and Markets Act 2000. It may be helpful if I further explain the OFT's role, in particular with regard to the monitoring of formal action we have taken.

 

 

As you may be aware, the OFT has recently imposed requirements on Swift. This included a requirement to ensure that Swift must be transparent about their charges and when they apply. Details of any formal licensing action taken by the OFT is made publicly available on the OFT's consumer credit public register and a copy of the requirements imposed on Swift have been published on the public register (http://www2.crw.gov.uk/pr/Default.aspx). In addition, details of the action taken against Swift are also available on the OFT's website (http://www.oft.gov.uk/OFTwork/credit...cement-action/).

It is implicit in the imposition of requirements that the OFT monitors the recipient's conduct against and compliance of the requirements.

The OFT will therefore continue to monitor Swift's conduct, particularly in respect of the requirements that have been imposed. We will as a result welcome information/complaints from consumers like you about the company's conduct from the imposition of the requirements going forward. Whilst the OFT has the ability to act for purposes connected with addressing dissatisfaction which arises from any matters relating to a business, whether past, present or future, the breach of a requirement would have to provide evidence that post-dates the imposition of the requirement. The requirements are therefore in place to ensure that the same or similar matters which gave rise to the dissatisfaction do not arise again

 

Complaint evidence is crucial to the work of the OFT, as it is a vital source of information in helping to monitor the fitness of traders that hold consumer credit licences.

The OFT investigates all complaints received about consumer credit licence holders and, where there is the necessary evidence, the OFT takes appropriate action. As part of that process the OFT considers how many complaints have been received about a trader and how strong the evidence is to support any action.

However, the OFT is unable to intervene on behalf of individual consumers who are in dispute with businesses and are therefore unable to take on your complaint personally with Swift. Therefore, you may wish to consider seeking advice from your local Citizens Advice Bureau and/ or a solicitor. For your ease of reference I have attached details of independent advice agencies to the end of my letter. The OFT will carefully consider the details of the complaint you have made alongside any other intelligence we may have gathered about Swift.

 

Whilst the OFT aims to be as transparent as possible in notifying its decisions, it is subject to restrictions on the disclosure of information to members of the public which are set out in Part 9 of the Enterprise Act 2002. Breach of those restrictions would be a criminal offence. As a result, the OFT cannot in most circumstances disclose specific details about any action it may take, nor comment on any adverse information it may hold on a trader.

The Financial Services Authority

As mentioned above, the sale of PPI is regulated by the Financial Services Authority (FSA) under the Financial Services and Markets Act 2000. The FSA Register provides details o fthe firms it regulates. It also contains details of any supervisory, disciplinary and civil regulatory action (but not criminal action) which may have been taken by the FSA under the Financial Services and Markets Act 2000 (FSMA). The register can be accessed from the FSA website at:

The FSA has conducted work on the sale of PPI. Further information about this work can be found on the FSA website at: http://www.fsa.gov.uk/pages/Doing/Regulated/uct/terms/tackle/ppi/index.shtml.

On 10 August 2010 the FSA published a policy statement confirming its package of measures to reform the PPI market and protect consumers.1

On 10 August 2010 the FSA published a policy statement confirming its package of measures to reform the PPI market and protect consumers.1

The Financial Ombudsman Service

As previously mentioned, the OFT does not have the authority to intervene in individual disputes between consumers and traders. This similarly applies to the FSA. However, on an individual basis, if you continue to experience problems with Swift and are unable to satisfactorily resolve the issues directly with the business itself we suggest that you contact the Financial Ombudsman Service (FOS) which can help with most complaints about financial services and consumer credit products and services. The FOS can be contacted at:

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

 

YOU CAN SCAN YOUR DOCS IN AND EMIAL THEM OR YOU CAN PHOTOCOPY THEM AND SEND EVERYTHING TO THE ADDRESS ABOVE WITH A LETTER OF COMPLAINT AND POINTING OUT WHAT EVER YOUR ISSUSES ARE.

[rebel11]

Hi Jac

 

The OFT aren't great at times, but it is what it is and I definately think it's worth complaining to them, especially with DCA's.

[Mariknub]

Hi all,

I also got a similar response from OFT re my complaint about Swift. I already spoke at length with FOS, who said they could do nothing as my loan was over £25000 and CAB could not help either....Is there anyone who has been helped by them?

Is there any news re Dougal's point on illegal trading name etc. and implications?

Let's all keep fighting !

MK

[jacqui_o]

This is not inconnection with a DCA!!!!

 

I am glad so many have read this information, shame none thought to add any comments!

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?319635-Swift-fined-by-FSA-and-ordered-to-pay-£2.35m-redress(1-Viewing)-nbsp

[jacqui_o]

Hi

 

I have issued country court paperwork against a lender for PPI , and have just received the AQ, it is asking for draft directions?

 

has anyone submitted any? and if so where would I find them, have had a search, but am not finding anything.

 

suggestions and pointers greatly welcome :)

 

how very odd 130 people look and no one has anything to contribute??????? not one single person!

[ims21]

Hi

 

I'm looking to see if I can find some help for you

 

ims

[citizenB]

What number AQ is it - 149 or 150