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jamie0035

Swift Advances possession order stopped by Judge

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Hi All,

 

I have recently (in the last two days) been subject to a second hearing for possession of my home by Swift Advances. We've had two hearings.

 

First hearing the CC judge ordered that we investigate the excessive interest on our account and get clear explanation from Swift as to why they have charged an account management fee every month since the year 2007 to date--totalling £5267.00.

 

We investigated to the best of our affordability to no avail.

However, Swift advances made a statement over the phone to me (i quote) "We at Swift will never charge you a fee as long as you make a payment on the account" this obviously is not the case.

 

The judge at this first hearing was utterly confused how a £31000 loan can now be worth £52000 even after paying monthly for the best part of the last 10 years.

 

She challenged Swift's Solicitor asking him how they can justify a loan that can never be paid back within the remaining terms...he had no comment.

Hence her adjourning the case for 30 days to allow us to investigate.

 

Second hearing the judge still not satisfied with our investigation into the charges and the lack of knowledge of the charges from Swifts solicitor...has DENIED their possession order against us.

Stating it was unfair on their part. :-D

 

We have now contacted the FOS with the case and are seeking further legal advice to hopefully get all the charges rescinded.

 

You never know they may even force the close of the loan due to swift advances treating us unfairly in accordance with COBS.

 

Watch this space!!!!!!!!!

Edited by dx100uk
Spacing

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It sounds like a victory to me!

I love it when judges put stupid solicitors in there place

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This is why its so important to bring any unlawful fees into play asap in a case

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At last a knowledgeable DJ that questioned the make up of the alleged debt

 

. The legal profession is a cosy little cartel where no one rocks the boat but they have to listen to a Dj.

 

We can but hope that these Financial Parasites get thier asses kicked by other DJ when they claim extortionate amounts

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Congrats, sounds as though you have a decent judge.

To go forward I believe you might be in a position to look at clause L in the terms and conditions on your agreement.

 

If you could post up what exactly your terms say we could then go through what it states and then people can give a view on how they read it.

 

I am hoping you have the same agreement as me and most others who have unregulated loans with this company.

Term L should be concerning the application of charges and they are on the reverse or second page of the agreement.

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Evening Jamie, have you looked into your agreement and have you anything further to report on how your case is going?

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