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    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
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    • thanks again ftmdave, your words are verey encouraging and i do appreciate them. i have taken about 2 hours to think of a letter to write to the ceo...i will paste it below...also how would i address a ceo? do i just put his name? or put dear sir? do you think its ok?  i would appreciate feedback/input from anybody if anything needs to be added/taken away, removed if incorrect etc. i am writing it on behalf of my friend..she is the named driver  - im the one with the blue badge and owner of the car - just for clarification. thanks in adavance to everyone.       My friend and I are both disabled and have been a victim of disability discrimination on the part of your agents.   I have been incorrectly 'charged' by your agent 'excel parking' for overstaying in your car park, but there was no overstay. The letter I recieved said the duration of stay was 15 minutes but there is a 10 minute grace period and also 5 minutes consideration time, hence there was no duration of stay of 15 minutes.   I would like to take this oppertunity to clarify what happend at your Gravesend store. We are struggling finacially due to the 'cost of living crisis' and not being able to work because we are both disabled, we was attracted to your store for the 10 items for £10 offer. I suffer dyslexia and depression and my friend who I take shopping has a mobility disability. We went to buy some shopping at your Gravesend branch of Iceland on 28th of December 2023, we entered your car park, tried to read and understand the parking signs and realised we had to pay for parking. We then realised we didnt have any change for the parking machine so went back to look for coins in the car and when we couldnt find any we left. As my friend has mobility issues it takes some time for me to help him out of the car, as you probably understand this takes more time than it would a normal able bodied person. As I suffer dyslexia I am sure you'll agree that it took me more time than a normal person to read and understand the large amount of information at the pay & display machine. After this, it took more time than an able bodied person to leave the car park especially as I have to help my friend on his crutches etc get back into the car due to his mobility disability. All this took us 15 minutes.   I was the driver of my friends car and he has a blue badge. He then received a 'notice to keeper' for a 'failure to purchase a parking tariff'. On the letter it asked to name the driver if you wasnt the driver at the time, so as he wasnt the driver he named me. I appealed the charge and told them we are disabled and explained the situation as above. The appeal was denied, and even more so was totally ignored regarding our disabilities and that we take longer than an able bodied person to access the car and read the signs and understand them. As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us. I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge.     After being discriminated by your agent my friend decided to contact 'iceland customer care team' on my behalf and again explained the situation and also sent photos of his disabled blue badge and proof of disability. He asked the care team to cancel the charge as ultimately its Iceland's land/property and you have the power over excel parking to cancel it. Again we was met with no mention or consideration for our disability and no direct response regarding the cancellation, all we was told was to contact excel parking. He has replied over 20 times to try to get the 'care team' to understand and cancel this but its pointless as we are just ignored every time. I believe that Ignoring our disability is discrimination which is why I am now contacting you.     I have noticed on your website that you are 'acting' to ease the 'cost of living crisis' : https://about.iceland.co.uk/2022/04/05/iceland-acts-to-ease-the-cost-of-living-crisis/   If you really are commited to helping people in this time of crisis ..and especially two struggling disabled people, can you please cancel this charge as it will only cause more damage to our mental health if you do not.  
    • I've also been in touch via the online portal to the Police's GDPR team, to request the name of the other Driver. Got this response:   Dear Mr. ---------   Our Ref: ----------   Thank you for your request which has been forwarded to the Data Protection Team for consideration.   The data you are requesting is third party, we would not give this information directly to you.   Your solicitor or legal team acting on our behalf would approach us directly with your signed (wet) consent allowing us to consider the request further.   I note the investigation is showing as ‘live’ at this time, we would not considered sharing data for suggested injury until the investigation has been closed.   If you wish to pursue a claim once the investigation has been closed please signpost your legal team to [email protected]   Kind regards   ----------------- Data Protection Assistant    
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Swift Advances. Secured Loan Charges reclaim 2


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maybe people should actually be printing htis off and sending in to the courts that are holding suspended possesiosn orders and those currently in the position of being repossed byu Swift.......

 

perhaps if the Judges see the unfair practices they have been using, they might cancel all suspended orders.........

If you kick a Tiger in the Ass youbetter have a plan to deal with its teeth :madgrin:

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Well now, isn't that interesting?

 

 

Interesting to say the least but a long time coming.........thank the lord swift are feeling the tremors they so long ago deserved............lets see how many other similar lenders are on the OFT's hitlist

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Hi Dougal,

 

I PM`D you a while back.....did you receive it??

 

LL:|

 

I have finally given up and sold my house to avoid more swift "penalties". Although I won a time order they still crippled me with about 4K charges. Can you or anyone tell me if there is any milage in chasing them after I am away from them. I sent them a good letter requesting a number of things but they have ignored it.

I can't remeber how to open a new " thread" so apologise for this intrusion

Kind Regards

JOES MY LANDLORD

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I have finally given up and sold my house to avoid more swift "penalties". Although I won a time order they still crippled me with about 4K charges. Can you or anyone tell me if there is any milage in chasing them after I am away from them. I sent them a good letter requesting a number of things but they have ignored it.

I can't remeber how to open a new " thread" so apologise for this intrusion

Kind Regards

JOES MY LANDLORD

 

I would suggest you write to them with a copy of the following and tell them that you now expect them to behave in an honest and businesslike manner

So would they please respond or you will report them to the OFT

G

http://www.oft.gov.uk/news-and-updates/press/2011/73-11

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It is really important right now for everyone with any problems with Swift to keep the OFT up to date with how they are behaving. If they are trying to repossess your home, apply charges, not respond to letters, not follow the pre-action protocol, not consider your offers of payment, if they didn't check your ability to repay your loan properly, anything that doesn't follow the rules - email the secured lending team: David Blocksidge heads it up. We must do everything we can to help eachother right now! Sj x

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I have finally given up and sold my house to avoid more swift "penalties". Although I won a time order they still crippled me with about 4K charges. Can you or anyone tell me if there is any milage in chasing them after I am away from them. I sent them a good letter requesting a number of things but they have ignored it.

I can't remeber how to open a new " thread" so apologise for this intrusion

Kind Regards

JOES MY LANDLORD

 

Hi Joe I am so sorry about what has happened. Send a complaint to the OFT as soon as poss. The more people complain the more trouble Swift will be in especially after the OFT announcement, they now have to comply or loose their licence and can get fined 50K.

 

LL

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Do they get fined £50,000 for each complaint made?:jaw: so if they dont supply info you request and you complain to the OFT each time, does that mean it will cost them £50,000 a pop!!!:whoo:

Please God let that be the case:madgrin:

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Do they get fined £50,000 for each complaint made?:jaw: so if they dont supply info you request and you complain to the OFT each time, does that mean it will cost them £50,000 a pop!!!:whoo:

Please God let that be the case:madgrin:

 

I think they have to have 3 separate complaints to get fined, shouldn't take long to collect 3, less than 24 hours with them.

 

LL:violin:

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I have emailled her this very morning. and I am goingto ask some of the questions again I ahve asked Swift whihc they have faile dot answer and as soon as they do not......... a letter will be going to the OFT :):):)

If you kick a Tiger in the Ass youbetter have a plan to deal with its teeth :madgrin:

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Evening all,

 

I have today sent two complaints to John Fingleton and Debbie Kitcher at the OFT.

 

Text as:

 

One of the other major issues I have with Swift Advances plc is the use of the trading name of Swift Advances prior to the 6th October 2010, and I took out my loan with (according to the documents supplied by them) 'Swift Advances' in 2006!!

 

Conducting regulated consumer business under this trading name is/was, under section 39 (2) of the Consumer Credit Act 1974 deemed an offence and a criminal one at that, as it was not a named trading name on their CCA licence.

 

Furthermore up until November 2009 the trading name of Swift Advances belonged to another completely unrelated limited company.

 

(a) It has been argued by Swift Advances plc that the use of it in conducting unregulated agreements the above was/is “irrelevant” as they do not fall under the remit of the CCA, that maybe so.

 

The two issues here are :

 

1. As the title 'Swift Advances' belonged to another completely separate company,then the above statement at (a) cannot be considered "irrelevant," as it makes one believe that they could be or were dealing with this other company.

Which was in fact Swift Finance (UK) Ltd. as shown below

CCA Search :: CCA Search Results :: Licence Details

 

 

Application / Licence Details

 

Licence Number:0560151

Licence Status:Lapsed on 03/11/2009

 

Current Applicant / Licensee:

 

Business Name Company Registration Number Swift Finance (UK) Limited5208034

 

Categories:

 

Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting

 

Right To Canvass Off Trade Premises:Yes

 

 

Trading Name(s) (Current):

 

Swift Advances Swift Finance Swift Homeloans Swift Insurance Services Swift Mortgages Swift Solutions

 

Trading Name(s) (Historic):

 

Swift Insurance

 

 

 

 

2. The second problem is that despite the CCA Act, using this trading name in any

Consumer Credit business (regulated or unregulated) and /or related business prior to 6th October 2010 was a misleading misrepresentation of fact, and a known misrepresentation of fact, contrary to the Misrepresentation Act 1967, that also is deemed criminal offence.

 

 

Finally am I right in assuming that as the above has happened to so many people you will now pass this information to the police for investigation?

 

I have some contacts in the BBC and in the Press and would be pleased to supply their details if you feel they can assist. This is an extremely serious matter and needs urgent attention.

 

I look forward to hearing from you in due course,

 

Kind regards

 

As soon as I know their esponse my fellow CAGGERS will know it!

 

Best to all as always

 

Dougal

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Hi CC

 

Can you post up a copy of your annual statement, I'd love to see what one looks like as I've never seen one in all of the years I've been with Swift?

 

Obviously blanking out key information like your name and account details.

 

ta

 

doc

 

Hi CC Did you ever get around to putting your annual statement up? Doc

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does anyone know exactly what the impact of the decision by the OFT last week could be?????? amnot really sure about how allthis stuff works, it does sound alittle serious though...

If you kick a Tiger in the Ass youbetter have a plan to deal with its teeth :madgrin:

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Hi

I am new to this .I also have a loan with Swift advance .I took then loan out three years ago have missed no more than three monthly payment since taking out the loan .

I rang them earlier this week to find out how much i have left outstanding on the loan and i have one year left of my normal payments .But when my loan expires i have a further £1400 in charges plus £800 in interest i could not believe what i was hearing then i stumbled across this forum and it makes for shocking reading the way Swift advances has treated some people .

Any advice for me about handling these excessive charges

Sorry if i rambled on not to sure what im doing ha:oops:Thanks Shimmer213

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Evening All,

 

Yes my advice is to contact [email protected] and give her all of your details. The OFT are VERY interested in the operation of this company. I personally have contacted the OFT and provided full details of my involvement with Swift. The OFT responded promptly to say they are investigating.

 

Any help I can give please ask.

 

Note the e-mail address should read :[email protected] (There is NO space between the 'o' and the 'v' in gov., but for some reason I cannot get my pc to recognise this!!!)

 

 

As always best wishes to all

 

Dougal

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Hi

I am new to this .I also have a loan with Swift advance .I took then loan out three years ago have missed no more than three monthly payment since taking out the loan .

I rang them earlier this week to find out how much i have left outstanding on the loan and i have one year left of my normal payments .But when my loan expires i have a further £1400 in charges plus £800 in interest i could not believe what i was hearing then i stumbled across this forum and it makes for shocking reading the way Swift advances has treated some people .

Any advice for me about handling these excessive charges

Sorry if i rambled on not to sure what im doing ha:oops:Thanks Shimmer213

 

The avaricious money lenders have a saying: never overestimate the intelligence of a borrower. However, they're are now finding out that this is not the case and we are now finding things out that they seem extremely uncomfortable about.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi everyone,

I posted about Swift back in May and had a little contact by PM with Ell-enn (Thank you) and Maybelline (again thanks) but not sure what happened since then but failed to have any more comments or suggestions at all....as I'm still new to this I probably did something wrong!

 

Anyway, I am another Swift victim of terribly unfair charges, fees etc. with a default dating back to their illegal period from 2004 - Nov. 2010, dated 29/1/09.

My broker fees etc. were also added onto the original £30,000 not deducted like it says on the contract, and so accruing even more interest etc.

 

When I took out this dreadful loan secured on my house, my financial advisor gave me no advice about the dire consequences of such a loan and it was supposed to be a temporary measure to be later put onto my lower interest mortgage, but it never happened.... I was 58 at the time and the term goes up to age 88! I didn't realise the problems I would have once retired and only surviving on £120 per week for everything!

 

When I turned 60 and retired due to lack of supply teaching in my area, I could no longer continue paying £366-17 per month and got Swift to grant me reduced payments of £88ish p.m. but never realising the consequences of arrears building up so fast with daily interest and charges, fees etc! This ended up with many many months of threats and trying to force me to sell up.(Enormous stress!)

 

Finally, I got a solicitor's letter from Rosling King informing me proceedings were about to start for repossession due to arrears of approx.£6000, unless I paid them immediately and resumed full payments.

 

I got legal help from a solicitor to suspend this, pending their investigation for unfair treatment etc and this is where I am at right now.

 

I have no money for legal court fees etc and this initial help is free but very limited.in time/money allowed.I think I would get Legal Aid if Swift do try for repossession anyway, but not sure best way forward in the light of latest brilliant news about OFT etc.(Sounds like some sort of Karma to me!)

 

Some figures: Original loan in 2007 - £30,000

Plus broker fees etc -£32,230

Interest charged to Feb18 2011 - £14,860.23 !!!!!

Fees +Charges - £997

Less payments received - £9,121.52

Outstanding balance at 18 Feb.2011 - £38,965.71!!!!!!!!!

(This will be even worse since this last statement!!!)

Sorry this is so long! Any suggestions? I have lodged my complaint with debbie kitcher @oft.gsi.gov.uk as suggested and really hope they get their just deserts! Thanks all... M

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Might be worth contacting this programme.

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=&a=219

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Evening all,

 

I have today sent two complaints to John Fingleton and Debbie Kitcher at the OFT.

 

Text as:

 

One of the other major issues I have with Swift Advances plc is the use of the trading name of Swift Advances prior to the 6th October 2010, and I took out my loan with (according to the documents supplied by them) 'Swift Advances' in 2006!!

 

Conducting regulated consumer business under this trading name is/was, under section 39 (2) of the Consumer Credit Act 1974 deemed an offence and a criminal one at that, as it was not a named trading name on their CCA licence.

 

Furthermore up until November 2009 the trading name of Swift Advances belonged to another completely unrelated limited company.

 

(a) It has been argued by Swift Advances plc that the use of it in conducting unregulated agreements the above was/is “irrelevant” as they do not fall under the remit of the CCA, that maybe so.

 

The two issues here are :

 

1. As the title 'Swift Advances' belonged to another completely separate company,then the above statement at (a) cannot be considered "irrelevant," as it makes one believe that they could be or were dealing with this other company.

Which was in fact Swift Finance (UK) Ltd. as shown below

CCA Search :: CCA Search Results :: Licence Details

 

 

Application / Licence Details

 

Licence Number:0560151

Licence Status:Lapsed on 03/11/2009

 

Current Applicant / Licensee:

 

Business Name Company Registration Number Swift Finance (UK) Limited5208034

 

Categories:

 

Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting

 

Right To Canvass Off Trade Premises:Yes

 

 

Trading Name(s) (Current):

 

Swift Advances Swift Finance Swift Homeloans Swift Insurance Services Swift Mortgages Swift Solutions

 

Trading Name(s) (Historic):

 

Swift Insurance

 

 

 

 

2. The second problem is that despite the CCA Act, using this trading name in any

Consumer Credit business (regulated or unregulated) and /or related business prior to 6th October 2010 was a misleading misrepresentation of fact, and a known misrepresentation of fact, contrary to the Misrepresentation Act 1967, that also is deemed criminal offence.

 

 

Finally am I right in assuming that as the above has happened to so many people you will now pass this information to the police for investigation?

 

I have some contacts in the BBC and in the Press and would be pleased to supply their details if you feel they can assist. This is an extremely serious matter and needs urgent attention.

 

I look forward to hearing from you in due course,

 

Kind regards

 

As soon as I know their esponse my fellow CAGGERS will know it!

 

Best to all as always

 

Dougal

Hi Dougal,

I posted my story on Swift yesterday (5/7) and having read your letter above, am wondering about implications re. contract, default, repossession threats etc.(both my contract in 2007 and original default in 29/1/09 come under this illegal non-licenced situation).

I have also lodged a complaint with Debbie and John of OFT but heard nothing yet....

Have you?also, any suggestions for my case would be much appreciated!

Thanks for any help....M

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Thanks! I do have some equity in my home so if I can't get legal aid due to being on Pension Credit, wont be able to fight if it goes to court etc.....Have to try not to worry about that yet as all this is making me ill.....so much stress with them for over 2 years! Waiting to hear more about implications of the illegal trading name during 2004-Nov.2010 which certainly affects my case. Thanks for good wishes!

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Went cold reading your story. This will be me in 10 years time. Borrowed 20k, paid back 24k to date still got ten years to go then when it should have finised I will be retiring. They are apparentkly going to add 10 years on for who knows what reason and interest. Bless you. good luck, your luck may also be mine.

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