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    • Thanks dx.   So a little update on this. Court awarded me a CCJ against this company, and I've been chasing them for a year now. Registered address changed to a lawyers office in London. I contacted this law office numerous times, and eventually one of the directors emailed me back and confirmed Payza was indeed their client and that they were not aware of any CCJ. So I sent him all the court papers as well as a copy from Trust Online about a month ago. So far the lawyers have ignored me further.   Now I'm looking at a way to perhaps do a third party debt order against their bank account. I know they had money in the bank account. The director had since been arrested in America after my CCJ against the company.   Am I correct in thinking I have to pay the fee and it gets added on to the CCJ amount? I'm about 75% sure I know what banks they were using, but don't want to waste the money on fees to be told they don't use that bank.   Is there a way to get their lawyer to say which bank they use?
    • Apologies in replying, I was up for 30 hours and had to catch up on sleep. And I don't have my laptop right now either.    I already sent in the defence on Tuesday  as that was the only day I could before the 24th. I did use the defence from CAG, I did try rewrite as best as I could removing a lot of the waffle, making the set points with the evidence.    When I hear from the court next - I believe a questionnaire and direction of some sort- I will update you and see what the next steps are.    Thanks a tonne!! For all of your advice! I wouldn't have been able to even get close to what I have with setting aside the ccj and the defence without you. I am very lucky to have the help I've been given from you all out of your own time. You are awesome!
    • this is a normal contract for when you forget your wallet and fuel up your car and then promise to pay them later. If you return righ5t away you dotn pay any extra and you can even demand your paperwork back from the garage as they then have no lawful reason to process it. Now is it a fair contract? well, yes and no, if you dotn have the means to pay for your fuel before you fill up then you are committing a criminal offence by doing so but as i many cases of this nature the company would rather farm all the aggro out to a third party who then screw you out of money rather than invoke the available law. So, as you werent offered the contract to consider before you fuelled up then none of it is enforceable and the petrol companies should get their heads around this rather than allow the third party just coin money out of the unfortunate or forgetful   what I fail to understand is why you didnt just pay for the fuel with the card that you were going to use to get the cash? As for the rest of your story listing your afflictions , that doesnt make any difference to a contract, if you are not capable of entering a contract you shouldnt be driving either.
    • Their Order is somewhat confusing...yes you get your set a side and they will not object.   No defence has ever been submitted so it can't stand.(unless you submitted a defence with your application ?) They then state Directions Questionnaires be issued (goes to allocation) and then the next paragraph states the claim is stayed.   Anyway the " Schedule  " is irrelevant it's the " ordered by consent " part that matters.....claim is stayed.     Typical Robbers Way     Andy    
    • Yes thanks both  Have been on the phone to a UC call centre today  to help someone in my Council ward, they said that there is NO paper based system, but if someone is blind or has a vulnerability that makes it difficult to access  then what TomTom has linked to is a way to do it.  That mythbuster link is very useful indeed. DWP are known for pushing easy options  (for them) but will help at a Jobcentre if no other way.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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winniep

behind on swift loan with suspended REPO - going for repo again lots of charges

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I took out a swift secured loan in 2005.

..which was to be paid over 60 month at the rate of 120.41 a month..

 

..in 2007 i fell into arrears and a ccj was applied to grant repossession.

..this got suspended ..

.to pay normal monthly cost and a little off the arrears...

.this was done until the term expired and at that point debt reached in the 12000 mark...

 

They said to carry on paying the normal amount which was pre contract plus extra towards arrears..

( but no monthly payments were due as term expired)

so assume everything i pay goes towards arrears.

 

.been paying every month since to the point of last yr paying 280.00 a month.

 

..i missed a payment in aug and now they are saying they are taking litigation action

...not sure whether its to enforce the original ccj or acquire a new one.

..can they do this??

 

Would old one be valid.

..as old one was pay contracted payment with little towards arrears

 

.in total i have paid in exceas of 15,000 and they say i still owe 8,300.

 

.can someone help me??

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I don't think they can resurrect the first repossession order nine years later. What was the original amount borrowed. The original loan should have finished in 2010 but you are still paying six years after that, yet you were paying the contractual amount plus their set amount towards the arrears. Did they state when this arrangement was made the date it would finish?

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I don't think they can resurrect the first repossession order nine years later. What was the original amount borrowed. The original loan should have finished in 2010 but you are still paying six years after that, yet you were paying the contractual amount plus their set amount towards the arrears. Did they state when this arrangement was made the date it would finish?

 

hi

I was wrong about it being a ccj....it was the default that was registered for 6 years..I always thought it was a ccj.....I took the loan out in June 2005 for 5000 payable over 60months at 120.00 a month.

 

I got in arrears in 2008 and a repossession order was applied. But it was suspended on the fact I paid 120.00 plus 50.00 towards the arrears that were 480 at the time....The payments wer made but I fell behind a bit more before the term of the loan expired and they hadn't taken it back to court..at the time the loan was term expired in June 2010 I iwed 2800.00 in arrears.

 

This with the charges that they applied up until this point which was 3500 made me total arrears of 6300 rough figures.....they said I could carry on until arrears were clear by paying amounts each month which were always different ..latest payments being 280.00. Per month..I missed the one in August which has led them to go for litigation...do they have to start again?

 

TO date I have paid over 15,000 pound for this loan and they say I owe 8500 still.....Can they go for a straight eviction date....it was a regulated secured loan

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own thread created

 

 

have you all the statements.


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I have the copies of the repossession order and all the details of payments made and charges applied..nothing about interest....and no in detail of each charge and hat it was for

 

I also have copy of agreement signed in 2005

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yes they can go straight for repo

but not before they've had a hearing about it.

 

 

and I doubt they will as its all charges?

 

 

are you happy to do the spreadsheet like the other thread you came from?

 

 

dx


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Do you also have the interest rates used over the last 11 years. If you ring them this info can be sent out to you.

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This has been put in the debt forums should it be in Swift forum

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aye wrong redirect sorted

 

 

dx


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If the repossession order was granted in 2008 then they will have to apply to the court to enforce the order as more than 6 years have passed without them bringing further action. However you would be able to ask for a hearing in front of a judge to defend.


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Ellen and DX have answered your question Winnie on the repo position so if you can focus on your counter defence of charges applied, ready for when you receive their next direction. We don't know your personal circumstances at this point, or when you first applied for the loan which can be issues to also consider.

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Ok Swift Advances PLC v Daley case no 4PB02756 is a recent judgement regarding issues including charges. Unfortunately this was an un-regulated loan which didn't have the protection supposedly offered on your regulated loan but it might have a few pointers that could help.

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Ok Swift Advances PLC v Daley case no 4PB02756 is a recent judgement regarding issues ..

including charges. Unfortunately this was an un-regulated loan which didn't

have the protection supposedly

offered on your regulated loan but it might have a few pointers

that could help.

 

hi do you know if i could read about this case

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A redemption statement will show Swift's summary breakdown of how they get to their figure. It will include the interest charged on the charges.

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in 2005 we took out regulated secured loan for 5000.

.variable rate of 16.44 apr..

.fell behind in 2008

and went to court and got suspended to pay of arrears of 480.

 

At the time..loan carried on but fell back into arrears and term end was 23rd july 2010.

..as it came to end I still had arrears and obv charges arrears plus interest so was quite high

 

I asked what will happen and they said just keep paying the agreed amount which was 124.00 and some extra off.

.which was whatever i could afford at time//

 

over the years debt crept up to about £12k with interest etc.

.each yr payments have increased and we have paid more each yr that's passed and debt has eventually come down to 8400

 

In total I have paid over 15k and have 8500 owing.

 

.i missed a payment in august which they then said they've give us enough time and going back to court..

.tried to offer more each week but they said no.

..Not sure if it will be a fresh claim..

.or enforce the one from 2008...

 

Since they sent me all the payment sheets I have noted charges etc,

,one page is missing .

..15months worth of details

 

so sent sar asking for it.

.plus put in complaint to get some charges looked at

 

..do you think I have good chance of a final suspension.

 

should I apply for a time order?

ask for adjournment until I get all details.

 

.Court costs from last time are 2000 and they also charged repossession cancellation of 100..too...

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repo cancellation charge!!

who do they think they are!!

 

a £5k loan from 2005 and still owing £8500 ruddy fleecers

 

not they cant use the old 2008 order - ELLENN says.

 

shouldn't be charging interest on fees either.

 

get an sar running.


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have asked for a sar..

..also complained following their complaints procedure.

..regarding high interest..

 

 

.there was no mention of any contractual interest being added onto my account.

..nor any information of arrears and what charges have been applied etc...

 

 

..variable rate was 16.44 at start of loan

plus when arrears accrued but when went to court they say it was 18.44 which again I was never informed of the hike in interest rate

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I have numerous charges for 23.00 saying arrears r 1. weekly..

.at beginning f first arrears.

.100.for a W1/1 letter x2

250.00 defult fee

1,509.90 litigation charges

 

 

then 4 days later 534.66 litigation charge.

 

 

.all put on account four months after court suspension

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all those can be reclaimed at their int rate

they can argue if they can all be reclaimed later

 

 

so you've not actually got a date yet for repo

just a threat?


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no they are due to look at account on 4th nov.

..the advisor when last spoke said solicitors are trying to get a hearing.

 

 

.i did ask them when I put in complaint to withhold any further action until sar request been dealt with.

.not sure whether this will make any difference.

 

 

.my main worry is with it being a time served loan will judge automatically grant them the repo..

 

 

....now they've sent me all the details and ive looked through them I just want to check whether they are all fair charges and whether interest amount is right...

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update

rang swift this morning as sent sar request but didn't enclose any fees..

.asking if there was a charge.

.gentlemen said he would take the payment of my card

and send it to relevant department Monday morning..

 

as I arrived home I had a large envelope.

.with my complaint details enclosed.

..plus a repayment record .

.and accurial account summary..

 

 

of which results are.

as of 25/0ct/16 simple interest 1.17

disbs and ad charges 5,440.81

bounced cheques 8,996.85

monies received 24,832.78

interest added 13,881.76

actuarial balance 8,487.81

 

also I had few copies of letters they said they had sent me

..also one main copy of the court decision from 2007..

 

of which it states

Upon hearing the solicitor for the claimant and xxxxx not attending

or xxxxxx not attending

 

 

the court orders the claimant possession of xxxxxxxxxxxxxxxxxxx on or before September 11 2007

\the defendant to pay the claimant 61,850.24 being the outstanding amount under the mortgage!!!!!!!

 

The order is not enforceable as long as they pay the unpaid instalments under the mortgage of 361.29 by conditions set out below

 

50 per month ...ist to be paid by septemeber...

 

Isnt this copy supposed to be exact copy from the court as never in my life have I owed that much or have they claimed that muc.

 

 

.as I got straight on the phone to a swift advisor as I panicked thinking god they want loads.

..the advisor said it has never been that amount outstanding

...so this in fact anot the true copy...

 

in my accounts of interest applied I have had interest applied with every payment I made say I paid 70..they added 48 interest on top...

 

on my printed repayment record I had as of 23 dec 2011

..6.47 owing.

..0.1 months arrears

...from that point everything I pad it increased in the arrears box.

.but has brackets around it..

 

every single payment I made it increased every single time unless my payment declined where it stayed the ame..

looks like I was more in debt by making payments than not making them...

 

They have offered my 1009.00 as a gesture of goodwill..

.Think I need to send this of now for further investigation

..I don't think I should owe anything

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disbs and ad charges 5,440.81

bounced cheques 8,996.85

 

 

wow get a spreadsheet done that will calc their interest

convert that montly apr to yearly?


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you need to stop ringing them!

you need a papertrail.

 

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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how do I do spreadsheet..

I will write to them from now on

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