Swift Reclaim Charges and PPI

[jacqui_o]

its N150 form

[citizenB]

Righto..

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?308509-capquest-chasing-old-citi-card-ppi-reclaim-too-****-WON-****/page12

 

Jacqui, you might find something in the link above. If not, you might want to send either shelley (thread starter) or andyorch a private message and ask them to look in on you.

 

I understand that shelley has done one or two PPI claims so she might be your best hope.

[jacqui_o]

ok thanks very much for your help, I have drafted a basic but am really not sure never having done it

[citizenB]

I have completed an AQ before but not for a PPI claim so I doubt my efforts would be of any value.. the link above is for a PPI claim so might have the information you need.

[gregorious77]

Is your claim £5K+? or just complicated?

I take it the reason for the N150 it will be fast track.

Directions will be specific for your case and based on their defence and what you think they should do to resolve the issues.

[slick132]

Hi JacquiO,

 

If you are referring to Section F on the N150, you are asked IF you are enclosing Draft Directions. It's not compulsory.

 

If you want to enclose them, they'll need to be specific to your claim and, in particular, to your evidence (your court bundle) that you intend to supply.

 

You can take guidance from the DD's which Claimants use in credit card cases - http://www.consumeractiongroup.co.uk/forum/content.php?572-Draft-order-for-directions-including-directions-for-disclosure

 

[gezwee]

Jacqui

 

N150 doesn't specifically seek directions, it does however afford the claimant the opportunity to test the defendant.

 

Depending on previous response/s from defendant prior to filing you need to have a think about what directions would assist the court in narrowing the issues

 

If you can't come up with anything, leave blank and file without

 

Gez

 

 

HAVE YOU SENT A COPY OF THIS COMPLETED FORM TO OTHER PARTY ...... YES [Assuming you bring anything new to proceedings]

 

A..

1. No

2. No

3. No

4. This is a straightforward case capable of straightforward remedy. The claimant avers that the defendant has rejected all pre-filing opportunities to mediate.

 

B.

 

Yes.....

 

Claimant is Lip and [pursuant to practice directions] xxxxxxxxxxxxx court is the most appropriate.

 

C.

 

Assume yes??

D.

 

What amount is of the claim is in dispute ............... Total value in your Poc

Applications............

 

Witnesses............. You

 

Experts ....................... none

 

Track........ Not a clue without knowing the value

 

E

 

How long.............. 3 hours [max], if they show up

 

F

 

Proposed directions

 

Have you attached a list of the directions you think appropriate for the management of the claim........... That's for you to decide

 

Have they been agreed with the other party [if you come up with anything you can ask them, doubt they'll agree]............ Yes/No

 

G.

 

Costs.......... leave blank

 

H

 

Fee............. you need to check with the court and submit hearing fee with aq

 

I

 

Attached documents.............. if drafting directions

 

Sent to other parties.................. . yes, if drafting directions

 

When............ +48hrs from postal service

 

Applications ........... ??

 

If yes, what for ............ ??

 

Other info

[jacqui_o]

Than you all so much for the help and assistance you are giving, it is greatly appreciated.

 

Given it is Swift that is the defendant and given their track record and know for certain they monitor this site, an very reluctant to put information on the public domain, as they will and have traced members and claims from this........

 

The basics they deny and rejected the claim....... the defense is the usual.."It is optional" and they are trying to use "time barred".......lol....

 

There are a couple of other issues but cannot disclose on the public forum, how ever when completed will happily share and given any help back I can.......

[steven4064]

As has been noted, you don't HAVE to give draft directions but they can be jolly useful. In your case, you might ask for disclosure of the underwriting sheet (or similar) that details what commissions and fees were paid and to whom. I got a court order for such a disclosure against another loan company a short while ago. You would need to give reasons.

 

For the directions you could put something like:

IN THE XXXXCOUNTY COURT

CLAIM NUMBER YYYYYY

 

BETWEEN

 

jacqui

Claimant

And

 

Swift

Defendant

 

------------------------------------------------------------------------------------------

 

DRAFT ORDER FOR DIRECTIONS

 

------------------------------------------------------------------------------------------

 

IT IS ORDERED THAT

 

1. The Defendant, Swift Financial Services Ltd, shall within 28 days of service of this order upon them provide to the claimant copies of the underwriting sheet or other such document or documents as show any premiums, fees or commissions paid or received by the defendants and associated with the sale of policies for payment protection insurance and associated with Swift Loan Agreement number ZZZZZZZZZ and dated xx/xxxxx/xxxx

 

You should attach this order to the N150 and put something in box F about why you want this document. Something like:

The Claimant believes that the Defendant took advantage of her lack of knowledge to pressurise her into buying an unnecessary and useless payment protection insurance policy as part of the Agreement with a view to making a profit through commissions.

 

The Claimant has reasonable grounds to suspect that the Defendant has applied hidden commissions to the Agreement. Hidden commissions are unlawful at common law. Sight of the underwriting sheet corresponding to the Agreement would show immediately and unequivocally whether hidden commissions had been applied to the Agreement or not.

 

The Claimant further has reasons to doubt that any policy was in fact purchased on her behalf by the Defendant.

 

The Claimant respectfully asks the court to consider the attached draft order for directions. The documents requested go directly to liability and quantum of the Claimant’s case and their disclosure is vital to achieving the overriding objective of enabling the court to deal with this case expeditiously and fairly.

[jacqui_o]

Thank you for this info guys, it is and has been greatly appreciated, obviously due ot some of the issues I do not wish to put it on a public forum, as we all know Swift are members and do read............lol but will sned to the site team for a quick check over. as has been suggested....

[jacqui_o]

There are only 2 yes no boxes at F, there is no space for the explanation to be entered, but I could write it as additional info. in I it ask to set out other info for the judge to consider............ could get that in that way, thoughts?

[steven4064]

Tick box 'Y' in 'F' and put the justification as I suggested in 'I'. If there is not enough space, write "See attached sheet" in 'I' and attach it on a separate piece of paper, headed "I - Other Information".

[jacqui_o]

this is their draft directions

 

 

1 The claim is allocated tot he fast track.

 

2 Each party shall give standard disclosure to every other party by list by no later than 4.00pm on 16th April 2012.

 

3 Any request to insepct or for copies of documents sall be made by no later than 4/00pm on 30 April 2012

 

4 Each party shall be required to seek the permission of the court to call or rely on expert witness of fact on who he intends to rely.

 

there shall be simultaneous exchange of such statements no later than 4.00pm on 21 May 2012

 

5 Each party shall be required to seek permission of the court to caa or rely on expert evidence,

 

6 Each party must file a completed pre trial checklist by no later than 4 pm on 2012

 

7 The claim shall be listed for trial on a date to be fixed during the trial window of and 2012 with a time estimate of 1 day

 

8 Not more than 7 or less than 3 working days before the trial,the claimant shall file at Court and Serve on the defendant a indexed and paginated bundle of documents wich complies with the requirements of rule 39.5 of the civil procedure rules 1998 and the practice directions thereto. The parties shall endeavor to agree the contents of the bundle where possible.

 

9 Not less than 3 working days before the trial the parties shall file and serve skeleton arguments together with copies of all authorities together with copies of all authorities and relevant extracts of any authortitaive texts or other sources which any party intends to rely on or refer to,.

[jacqui_o]

this is their draft directions

 

 

1 The claim is allocated tot he fast track.

 

2 Each party shall give standard disclosure to every other party by list by no later than 4.00pm on 16th April 2012.

 

3 Any request to insepct or for copies of documents sall be made by no later than 4/00pm on 30 April 2012

 

4 Each party shall be required to seek the permission of the court to call or rely on expert witness of fact on who he intends to rely.

 

there shall be simultaneous exchange of such statements no later than 4.00pm on 21 May 2012

 

5 Each party shall be required to seek permission of the court to caa or rely on expert evidence,

 

6 Each party must file a completed pre trial checklist by no later than 4 pm on 2012

 

7 The claim shall be listed for trial on a date to be fixed during the trial window of and 2012 with a time estimate of 1 day

 

8 Not more than 7 or less than 3 working days before the trial,the claimant shall file at Court and Serve on the defendant a indexed and paginated bundle of documents wich complies with the requirements of rule 39.5 of the civil procedure rules 1998 and the practice directions thereto. The parties shall endeavour to agree the contents of the bundle where possible.

 

9 Not less than 3 working days before the trial the parties shall file and serve skeleton arguments together with copies of all authorities together with copies of all authorities and relevant extracts of any authortitaive texts or other sources which any party intends to rely on or refer to,.

[gezwee]

That's standard...... and they complain about Lip's using templates, lol

 

I think Greg had exactly the same draft in response to his claim

[gregorious77]

It does look very familiar, it is a pointless document although the judge did agree in my case.

Why do they believe it is fast track? is the claim >£5K?

[jacqui_o]

lol well it frightened the living daylights out of me.., especially the costs part!!!!!

[jacqui_o]

Hi Greg,

when you say the judge agreed do you mean to their directions? and yes its is 5810.40

[jacqui_o]

and any tips for defendign I owudl appreciate pms for as I do nto want them reading and knowing in advance

[gezwee]

Jacqui

 

Nothing to defend, they are just following protocol [albeit pushing the dj into a corner at the same time]. What you need to understand is that you've brought the case, the court may or may not understand it, and a dj likes to be shown some direction to consider........ the defendant has provided the opportunity for him to consider the options for managing the case.

 

Have a read of Gregs thread, you'll see what I mean

 

Don't get in a panic...... it's just a standard progression pre-allocation [all p*** and wind really ]

 

Gez

[gregorious77]

Basically their directions are just protocol so pointless, you could add your own saying how you would like the case to progress.Are they relying on a witness statement or some sort of fact in their defence?

You could add directions to narrow the points they are trying to defend.

For example you could ask they provide a witness statement or a document that their defence relies on.

[gregorious77]

In my case it was under £5K and I wanted to keep it small claims but Cap1 argued it was fast track due to allegations of unfair relationship being complicated. The Judge agreed at the allocation hearing and then used most of their directions for the case.

[jacqui_o]

I did reclaim credit card PPI many many many years ago, over 5 to say the least, and the draft directions were nothing like that......lol

 

I have posted mine in the thread.............but as this is SWIFT.......it would be great if there was someone around who had actually taken this route with them, most of the stuff I ahve read is for Banks and Credit card companies........... Swift Advances are a totally different ball game......

 

They do not operate under the normal "rules" of engagement............... they also read the boards :) which is why pointers on where to look and and other evidence I would like to keep off the main boards till it has to be submitted (:)

 

You see once it has been submitted to the courts and them, thats ok, but if all the defense and everything is out here in the open, they will know in advance what is going on where it is headed and head me off at the pass........

 

I am sure you can appreciate where I am coming from......

 

I appreciate all help and am more than happy to share, once court and submission deadlines have been met.............. which is why I [posted my draft and they're s its the court dealine tomorrow and it has been sent to both so no reason to keep it back..

[pam56]

Has anyone else seen this funny joke on Linkin profiles

 

 

Liam Daly's Overview

 

Current

• Collections Consultantat Swift Advances
  

Past

• Collections Consultantat Tessera Portfolio Ltd
  
• Senior Advisorat Lloyds TSB
  

Education

• Shoeburyness High School
  

Connections24 connections

 

Liam Daly's Summary

 

 

Highly motivated individual with over 6 years proven collections experience in the prime and sub-prime market. Excellent track record within all aspects of debt recovery and customer service.

 

I am also keen to study for ICM professional qualification.

 

 

Liam Daly's Experience

 

 

[/url]Collections Consultant

 

Swift Advances

 

 

 

August 2010– Present (2 years 4 months)Brentwood

Work within a specialised team for a niche mortgage and secured loan company. Responsible for working a unique portfolio made up of cases ranging from high levels of arrears to vulnerable customers.

Assist with customers’ property sales, mortgage rescue schemes and all aspects of legal proceedings.

 

• Work with customers to understand their financial circumstances and using this information to agree realistic and sustainable arrangements via verbal and written communication.

 

• Maintain own portfolio, proactively building rapport with customers, as a route to resolving arrears situations: reacting promptly in identifying those situations where escalation of action is required i.e. Litigation action.

 

• To be clear and fair in all dealings with customers and third parties, in compliance with FSA codes with particular emphasis on the Company’s TCF policies.

 

• Maintain and develop close working relationships with third parties acting for the company Including local authorities, debt management companies, estate agents and solicitors.

 

• Ensure that all possible steps are taken to reduce the business exposure to loss, including recognition and resolution of fraud and money laundering.

 

• Ensure compliance with corporate policies & process criteria at all times.

 

• Maintain accurate records relating to all activities carried out and in particular with all dealings with the customer.

 

• Prepare and present vulnerable accounts to the board of directors on a weekly basis justifying the proposed course of action.

 

• Contribute to identification and development of innovative processes for the operation of the Credit Cycle.

 

 

Collections Consultant

 

Tessera Portfolio Ltd

 

 

 

September 2005– July 2010 (4 years 11 months)Southend on Sea, United Kingdom

Worked the companies most