Swift advances , i stopped repo, but now need help with BK hearing

[theoldrouge]

have unapproved attachments due to address showing

[theoldrouge]

was the loan in your name or joint names?

 

Is the house in your name or joint names?

[april dew]

the house is in my name only

 

I am sorry I am sure I removed all my details

[theoldrouge]

there are so many issues, and taking into account that swift already have a suspended repo order, the arrears and time remaining on your first mortgage,

and the bankruptcy, you really need some form of legal representation in order to try to gain more time to get all the facts together,

as you clearly have valid disputes with swift

 

dont worry over the attachments, removed for your protection

[april dew]

if I re-present myself would I be able to ask for more time.

I wrote a complaint to hand to the judge saying I have been awaiting proof of claim of debt, the actual accounting but I have been ignored, and I am in the process of finding out if I have been mis-sold this loan

and I would offer remedy to any claim that is fair and true.

[april dew]

I went to the hearing today concerning swift trying to repossess my home.

 

the judge said he would not grant a order of sale today

because they did not have a proper valuation of my house ,

the valuation they have was printed of the internet.

 

the judge said they have to arrange a proper valuation,

and if I don't comply with this they would sell my house with the valuation they have at the moment.

application adjourned for 28 days.

 

Trustee also made me another appointment to come and see them with information about my assets which I have none nothing but my house.

there isn't anything I have that's valuable to them that can be sold.

 

The trustee said there is still a warrant on me because of the contempt of court situation,

so I must attend that meeting with them.

otherwise the warrant will be executed.

 

I need to do some serious work

 

 

I hope I receive the SARs soon so I can plan my next move.

Edited September 2, 2015 by april dew
need to ad other info

[dx100uk]

I've sorted the attachment.

 

 

dx

[theoldrouge]

I would seriously suggest that you now seek urgent legal advice, due to the many complex issues

 

As soon as the sar arrives,post it up and we can help with advice as regards the disputes re swift

[april dew]

does anyone know what the average time scale is for return of SARs documents.

[dx100uk]

they have 40days

doesn't mean it will take that long mind

 

 

dx

[april dew]

thanks

its just that I need them asap, I'm stuck until then.

[april dew]

do you think its too late to offer a payment plan with the creditor who made me bankrupt.

is that a choice in bankruptcy.

[madmatt101]

I believe it's too late as you are already bankrupt. You may be able to set aside the bankruptcy, but I think that can only be done if there was a procedural error at the bankruptcy hearing.

[april dew]

procedural error, such as what

[madmatt101]

If there was an error in law.

 

try reading this thread, it may help.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?401203-lowell-joined-3-debts-2-mobile-1-credit-card-made-me-BK-now-want-my-house!!

[april dew]

ok thanks.

[april dew]

Hi there

can I ask a question.

 

If my repayments with Swift is a CAPITAL and INTEREST REPAYMENTS, should not my loan be paid of at the end of term.

 

I was jus wondering why most people including myself will have almost the same amount to pay at the end of payment term as at the beginning.

 

even though you might be in arrears how does the final amount ad up.

just a query.

 

 

sorry the attachment below is the letter I received from Swift concerning the unfair charges.

Edited September 13, 2015 by april dew
for got to add letter

[april dew]

Hi there

I received my SARs documents today.

I have attached the list of charges,

if anyone who a looks at them and can help and need to see more documents I will upload them.

[dx100uk]

admin fees

arrears charge

letter sent

request for info

management charge

sent demand for payment

issue fee

request official copies

sols agents fee

cancelled repo fee

 

 

for a start.

 

 

and you need to check EVERY litigation fee

if they were not witin the time frame of an ACTIVE court claim

get those back too

 

 

dx

[april dew]

hi

The documents I received are

 

 

copy of the legal charge

home owner application form

copy of payment protection insurance

list of transaction

following completion welcome letter

copy of agreement

repayment record

[theoldrouge]

masses of management charges, lets see the agreement please

 

Have you approached anyone for legal representation yet?

[april dew]

attachment below

I have not spoken to anyone.

I did contact FOS haven't heard anything yet.

Edited September 18, 2015 by april dew
forgot to add

[theoldrouge]

Can we also see the terms and conditions of the agreement please

 

We need to see how clearly their charges were set out in the agreement

 

Was the PPI repaid directly to yourself?

 

In view of the complexity surrounding the bankruptcy issues, I would strongly advise once again that you obtain legal

represtation prior to your next hearing

[april dew]

attachment below.

they did send the payment direct to me, and I paid part of it back to them.

I was trying to find a solicitor but hardly anyone deals with legal aid.

[theoldrouge]

you certainly have grounds for complaint against swift, going back to the OFT findings from june2011-----

 

An OFT investigation found Swift was giving secured loans to customers with poor credit histories or limited access to credit without:

 

- checking whether they could afford the loan

 

- verifying their income

 

- taking account of their other financial commitments and personal circumstances

 

- fully checking the information provided in the application.

 

Secured lending is considered to be high risk by the OFT because borrowers are at risk of losing their home if they default on a loan.

 

The OFT also uncovered evidence in some cases that Swift failed to fully explain the charges that could be incurred if customers fell into arrears and failed to exhaust alternative options before taking borrowers to court.

 

As a result, the OFT has imposed a set of requirements on Swift, which ensures it must:

 

- carry out proper assessments of a borrower's ability to repay the loan without undue hardship

 

- only take steps to repossess a borrower's home as a last resort

 

- be transparent about their charges and when they apply.

 

David Fisher, OFT Director of consumer credit, said:

 

"Credit businesses must lend responsibly - failure to do so can have a very serious impact on borrowers. We require Swift to significantly improve the way it carries out its business. If they fail to comply with these requirements, they will face further enforcement action."

 

 

-----the agreement that you signed could not be less transparent about their charges and when they apply, in fact the amounts to be charged and when they apply

 

are not shown, to charge £250 as a default fee and £64plus as monthly management charges are totally untenable.

 

The problem you have as regards the fos, is that yours was an unregulated agreement

 

you really need urgently a solicitor before your next hearing, as far as swift goes there are real causes for complaint and redress

 

you may also wish to talk through your concerns with the FCA,

 

Consumers (and people representing consumers)

 

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