help and advice needed!!

[Ell-enn]

I wouldn't respond if I were you - you've given them enough information to work on.

[ccrl14]

I have taken the letter to the Court, when I got home from work I have yet another letter from Swift (attached). I had asked them to change my payment date to the 1st of the month, thwy are now charging me £120.26 in interest to do this! I did it to avoid the £64 late payment charge they put on every month! I despair!!!

[Ell-enn]

Unbelievable !

[ccrl14]

panicking like mad now.....not heard anything from Swift so I assume they are going ahead with the court hearing tomorrow! I am fearing the worst and can't face going to the court, it was bad enough dropping that letter off! I was almost in tears!

[sweetjane]

ccrl14 Try not to panic - I'm sure Ell-enn will be on later. You are going to the court hearing aren't you? Always best - take a friend or family member for support. It's not as scary as you imagine. I'm sure the judge will be sympathetic in your case. I don't know what Ell-enn advises re charges. I can't believe you won't get a suspended possession order - I wonder if you can ask for Swift's litigation charges to be waived because you are in financial hardship and it is those charges together with the interest that will accumulate which are the killers. I believe Swift like to get to court because of the profit they make from the resulting costs. If the charges aren't waived perhaps the judge would consider waiving the interest on them at least??? Be brave x

[Ell-enn]

Hi there, I will catch up with you later when I get home from work. It is vitally important that you attend the hearing otherwise there is the likelihood that the judge will give possession to Swift. As SJ says above, it's not as scary as you think.

 

I'll be back shortly.........

[ccrl14]

I'm absolutely petrified and will be in tears, get no sense out of me.I'm in tears now! I havent told anyone about this so cant take anyone with me. What would happen if I really couldnt go????

[Ell-enn]

Please try to stay focussed - the court isn't like those you see on TV - the hearing is conducted in the judge's chambers usually around a table just like a meeting. Normally there is only you, the judge and a representative for the other side. It is vitally important you attent - the hearing will only take around 5 minutes and as you have shown you are able to make payments going forward the judge won't take your home away from you.

 

I know you will be stressed and frightened, but the judge will know that and they are usually very good with those attending on their own. |Make sure you get to the court in plenty of time and ask if there are any duty legal advisors in attendance (most courts have them on repossession hearing days), if there are approach them and ask for their help, they can accompany you into the hearing and support your case.

 

Please try to be strong - it will all be over quickly and you will still have your home, but I cannot stress enough how important it is that you attend.

[sweetjane]

ccrl14 where abouts in the country are you? I wonder if any other Swifties could go along with you for moral support? We'll certainly all be with you in spirit. Imagine we're all giving you a big hug and we're there to catch you if you fall. x

[spot]

Ell-enn is the best Cag's got on these things, sweetjane has given some good advice too, I've been to court with these people and you must do as both Ell-enn and Sweetjane says and not be afraid of this meeting. That's all this is - a meeting and with the figures and paperwork Ell-enn has given you Swift will probably get a suspended order which means they win the case but you keep your home as long as you can pay something towards the arrears. There are case laws which state that you can have the arrears spread over the term of the loan.

 

It's late now, but even if worst case scenario the judge gives possession and you lose your home you can ask for an appeal and then we can all get to work on helping you save this situation.

 

Your day in court might be theworst thing to live through in your own mind, but there's a much bigger operation going on behind the scenes to stop Swift altogether so you are not alone and those others who have already been repossessed can sit back in the knowledge that their loss may not turn into the loss they thought. Can't say much more, but as they have said - be brave, see the day out and come back here for the next chapter no matter what the result is.

 

We are all thinkng of you.

 

spot

[ccrl14]

thankyou spot, I am balling my eyes out already!!

[Ell-enn]

Hi there, try to stay positive - I know you're scared (everyone who has been in your position has felt the same), but they will all tell you that it's no-where near as bad as you think. Just try to focus on how good it will feel when you leave the court knowing your home is safe. Judges in these cases are usually very understanding and as I said in a previous post, make sure you get to the court in plenty of time to ask if there are any duty legal advisors who could assist you. When you get into the hearing try to remember that everyone here is with you and are confident of your success

 

It will be OK - so please come back and let us know the good news

 

Will be thinking about you.

 

(I've sent you a private message)

[Ell-enn]

OK, the court you are going to has an advisor there this morning - there will be a court usher at the entrance to the court who will ask for your name, tell this usher that you need to speak to the advisor and they will point you in the right direction. Also, ensure you take along the copy statement you handed in to the court.

 

Chin up - it'll soon be over

[ccrl14]

thankyou.......deep breaths!

[Cvsc]

Come on CCRL14......Awaiting an update from you,all good we hope!

[ccrl14]

I've made things worse...I had panic attack,burst into tears and never made it to court. I was on my own, havent told anybody.

[Ell-enn]

Did you phone the court and explain ?

[ccrl14]

I emailed them

[Ell-enn]

What did you say in the email ? Did you quote your case number, name etc?

[ccrl14]

i've sent it to you in a private email

[sweetjane]

ccrl14 - I know Ell-enn is helping you immediately with the court situation. I think you also need some local support. Debt is nothing to be ashamed about - you will be suprised just how many people you know currently have or have had similar issues in the past. Talking about this can be a huge step. It will certainly be a great burden lifted. You've made the first step by sharing your problems here and you can see how many people care and are trying to help. Believe me nothing you have done will suprise or horrify anyone here and friends and family would hate to think of you going through this alone, I'm sure. I've been there helping a family member who finally broke down with me when she was in a similar emotional state to you. It was really tough at the beginning but we've helped turn their situation around - it was much much worse than yours. Try and think of yourself going forward. You will be OK. xxx

 

The following organisations will also help on the phone (no particular order).

http://www.capdebthelp.org

www.cccs.co.uk

www.adviceguide.org.uk

Community Legal Advice service (0845 345 4345),

 

 

[ccrl14]

Just rang the courts......Possession order granted but suspended for 28 days on provisal of current monthly installment plus £25 towards arrears of £1291.64, she sending me a copy out. My emails hadn't been put on file but she said she will put it back up to the judge. I don't quite understand, isnt that what I asked them for in the first place? Does that mean if after next months payment they can go back to court??

[ccrl14]

sent an email to OFT, here's there reply:

Consumer Credit Act 1974 (the Act)

Complaint Against: Swift Advances Plc

Licence No: 391618

I refer to your email on 1 August 2012 sent to Sam Bragg concerning your complaint about Swift Advances Plc (Swift Advances). Your complaint concerns an agreement you entered into for a second charge loan with Swift Advances.

As you may be aware, the Office of Fair Trading (OFT) has responsibility for the enforcement of the Consumer Credit Act 1974 (the Act) which regulates secured lending including second charge mortgages.

Under the Act, in order to engage in certain consumer credit activities, including lending, businesses must hold a consumer credit licence; this is issued by the OFT. Swift Advances is licensed under the Act. In order to hold a credit licence, a business must satisfy the OFT that it is fit and competent to do so. This includes ensuring compliance with all relevant consumer protection legislation.

You have complained that they have sent court papers for repossession of your house and that got into arrears on a second loan you took with them because they did not ask you proof of income when you took the loan and it is impossible for you to pay off the arrears with the amount of interest and charges they are adding on the loan.

We are grateful to you for bringing your concerns to our attention. We have noted the details of your complaint, and we will consider this alongside any other complaints we may receive on this issue. If we did decide to take any action against this trader we may need to contact you again in the future. Unfortunately, we cannot disclose any details about any action we may take, due to legal restrictions on the OFT relating to disclosure of information.

While we are sorry to hear about the problems you have experienced, I should make clear that our remit does not permit us to intervene on behalf of individuals to resolve complaints.

The Financial Ombudsman Service (FOS) can help with most complaints about consumer credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the consumer credit licensee itself. If you have not already done so, we suggest you raise your individual dispute with FOS at the following address: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR; 0845 080 1800; or www.financial-ombudsman.org.uk.

Thank you again for writing to us and bringing this matter to our attention.

Yours sincerely

Olushola Egbowon

Enquiries and Reporting Centre

Office of Fair Trading

[Ell-enn]

Just rang the courts......Possession order granted but suspended for 28 days on provisal of current monthly installment plus £25 towards arrears of £1291.64, she sending me a copy out. My emails hadn't been put on file but she said she will put it back up to the judge. I don't quite understand, isnt that what I asked them for in the first place? Does that mean if after next months payment they can go back to court??

 

Not having seen the actual order from the court - it looks like possession has been ordered but will not be enforced provided you maintain the normal monthly installment plus £25.00 towards the arrears. If you miss just one payment Swift can apply for an eviction warrant.

 

It's no surprise that your emails weren't put in the file for the hearing - that's why I said you should have rung the court to see if they had been received. They probably didn't read the emails until after the judge had started that morning's hearings.

[ccrl14]

I have emailed Swift asking about the SAR request that they have cashed cheque for but not recieved an acknowledgement of it, they sent this email back......I havent recieved a thing!

We write further to your e-mail dated 7th August 2012, regarding a subject access request.

 

Please be advised that Swift has previously responded to your request. A further copy of our response will be posted to you today.

 

Yours sincerely

 

Alan Loblack

Complaints Officer

Swift Group

Arcadia House

Warley Hill Business Park

The Drive

Brentwood

Essex CM13 3BE

Internal: 5003

External: 01277 359 570

E-Mail: [email protected]