Swift after repo on £30k debt of which +£12k is charges +£2k is PPI!!

[dx100uk]

here are the WS exhibits but they are hidden as there is far too much to redact tonight

[sofi335311]

here are the WS exhibits but they are hidden as there is far too much to redact tonight

 

thank u so so much DX

[sofi335311]

need help with WS please

 

also could you please guide me on what you think my next step should be

[martin2006]

What help do you need sofi?

 

I posted the beginnings of a WS for you.

 

All you need to do is tell your story in it,

in a paragrahed fashion and throughout the WS,

 

 

you refer to any exhibits you wish to include,

such as statements, MCOB 12.5 (excessive charges) etc and rebutt any paragraphs from the claimants WS.

 

Because only you know the full sequence of events,

its not really something we can do for you,

other than to check it over when you post it to thread.

[sofi335311]

tnx Martin but i cant find the beginings of a WS

 

The WS that i used at the last hearing was done by El len thats why im insure of what to do

[honeybee13]

Can you base this WS either on the other side's one, or the WS that Ell-enn did for you?

 

As the guys have said, normally people have a go at writing one and then post it up to be checked. You seem to have two examples you can use.

 

HB

[honeybee13]

By the way, the WS that Ell-enn wrote for you, is it on this thread?

 

HB

[martin2006]

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

 

This would be your basic format with your fleshed out bits inserted and each part numbered etc

 

Hit the link in the quote above

 

Look at Swift WS to see how one is written.

 

Paragraph your WS and reference any docs you will rely on as exhibits.

 

Rebutt anything you disagree with in Swifts WS by referencing the relevant paragragh and stating why you disagree with it.

 

The whole WS statement should then tell your story and challenge whats in Swifts WS

[sofi335311]

By the way, the WS that Ell-enn wrote for you, is it on this thread?

 

HB

 

yes it is honeybee

[sofi335311]

Hit the link in the quote above

 

Look at Swift WS to see how one is written.

 

Paragraph your WS and reference any docs you will rely on as exhibits.

 

Rebutt anything you disagree with in Swifts WS by referencing the relevant paragragh and stating why you disagree with it.

 

The whole WS statement should then tell your story and challenge whats in Swifts WS

 

thank you Martin

[Cvsc]

If your hearing is still tomorrow at 11.15am then Good Luck, Hope it goes well and in your favour.

[sofi335311]

If your hearing is still tomorrow at 11.15am then Good Luck, Hope it goes well and in your favour.

 

thank you

 

yes it is still on for tomorrow

[martin2006]

Did you serve your WS sofi?

[sofi335311]

Did you serve your WS sofi?

 

No Martin

 

i put an application in for a N244 requesting a stay of proceedings and stating out my reasons for that

 

actually my mom died on 23rd october so i wasnt in a fit state of mind to do anything.

i also sent for an SAR but have not heard anything as of yet

[martin2006]

SAR to Swift?

Cant see why you might need that, you already have all the statements unless there is other stuff like default notices, call logs etc you think you might need?

 

Im assuming you havent heard if the case was stayed as per your n244?

[sofi335311]

No i have not heard if i was granted a stay in proceedings as it was only submitted yesterday which is why i meed to attend tomorrow

 

as for the SAR i have been advised to get further info such as if they paid commission and " Override" commission and they didn't tell you how much both were they will be in trouble.

In fact ask them now ASAP if they paid commission and Over ride commission to Crystal Finance.

 

You could do it all by sending Swift an SAR..........that is another way you can ask the court to stay the hearing next week as your SAR info will provide you with more evidence to fight them with and give the Court further insight into all matters

 

theres lots of other things Martin such as they increased the interest rate 3 times when actually LIBOR from Dec 2006 to August 2007 yet they increased my interest on 20th Feb 2007 then...

 

........ from November 2007 LIBOR went down and down from 5.49% to 2.81% to September 2008.

 

they increased your interest on 20th August 2007 then on 22 December 2008 they increased it again even though they had not reduced it at any time when it was going down,

 

they increased it as soon as it went up again even though LIBOR was at least 2% lower that when your agreement started.

 

by getting an SAR i will know more about my account apart from fees and charges

 

We have absolute evidence and confirmation from the OFT that Swift did not include Eastern Counselling in their CC licence from 2004, and as they have used it since that is deemed to be a criminal offence under section 39 of the Consumer Credit Act 1974 and its subsequent amendments 2006.

 

A claim can neither be pursued or defended against the background of an illegal act under the Doctrine of the Illegal Defence.

 

Exactly and by doing so they committed a criminal offence......

.....Swift Advances Plc used Eastern Counselling to levy the fees and charge who then added them to your account .....

..Unlawfully.

[dx100uk]

great work!!

[martin2006]

Superb stuff Sofi and best of luck tomorrow, hope all goes well.

[sofi335311]

great work!!

 

thank you DX

[sofi335311]

Superb stuff Sofi and best of luck tomorrow, hope all goes well.

 

 

thank you Martin

[determindator]

Well done Sofi! You have been busy:-D I'm pleased you took a big breath and allowed yourself more time. Wishing a positive hearing for you tomorrow.

[sofi335311]

Well done Sofi! You have been busy:-D I'm pleased you took a big breath and allowed yourself more time. Wishing a positive hearing for you tomorrow.

 

thank you Determindator

 

Had a lot of guidance and help and hopefully it should do the trick

[cruzhughes]

Good luck with today just read through your thread and I'm rooting for you.

[sofi335311]

Good luck with today just read through your thread and I'm rooting for you.

 

thank you

[sofi335311]

UPDATE ON COURT HEARING

 

THE JUDGE HAS ORDERED

 

1. By no later than 4pm on 27 January 2017 i the defendant must if they intend to defend claim further file/serve a defence and if appropriate counterclaim setting out clearly the charges which they dispute together with reasons and clarification of the legal basis for the dispute

 

2. No later than 4pm on 10th February 2017 the claimant shall if so adviced file/serve a response to counterclaim

 

3. Possession hearing date adjourned to 20 February 2017 ( if the issues between both parties cannot be determined then the hearing may be used to give directions

 

Sofi