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    • Hi  Yes , I have been searching for answers over the years and coming to a dead end . To answer your question six months after I had the loan they took me to court for  arrears as I explained to the brokers at the time that I was not working and they told me that I would get money from the loan to cover payment  for a while  which I never received . so I was  stuck and got the suspended order .    I did appoint the  mortgage  company and you are right I did get scammed . I did not take Swift to court , they took me again this time they supplied the paper work and I saw the  cheque they said they gave me , hence I refuted this and the court requested they send me a copy of the cashed  cheque  which they did not  to date .   The date was 2017 . Then I became very ill and had other  matters to deal with . I then got some money and paid the arrears to them .   In respect of the interest the balance to date they stated was 68,000.   I can only ask the question if the money they stated  they gave  to me does not add up how can you  put interest on monies not  given to a customer .   In respect of uploading the paperwork I am slightly worried as you can understand I really do not know  whom I am really talking to , hence the caution.   Sorry if I took up your time I was just checking  but I am grateful for your response to date .    
    • It is an excellent document but to be nit-picking, you might like to change  November 25th 2021 - I was served court papers at an address I was no longer living at to simply        court papers were served at an address etc as they were not actually served on you Also in point 6  you have missed out 'when' in the second sentence. Not only was I no longer at the address              the claim forms were issued,
    • no there are no ws templates there can't be , as each case is slightly diff, the basic points are the same but some points need customisation and other points not covered specific to you need adding.   threads like doomtroopers etc that are already here are your best places to research for your one. you are the person before the judge there is no good in using templates as they simply allow copy and paste and if you don't understand what and why you are putting things in a WS you will be exploited by the claimant rep.   dx  
    • LOL with the Tories with most seats LOL LOL LOL in the mail/Brex-press and Truss' twitter feed perhaps   All the polls I see show labour with 70+ seats over the Tories - down from around 120 a few weeks ago, although god knows why its gone down.   Add the 50 ish SNP seats while they are part of the union .. and i cant see the Libs pairing up with the cons again any time soon  ..     Australia's got rid of the conservatives too  
    • sorry if this seems unfair but:   you came here in 2019 asking the same question:        then got help and vanished.   you returned in 2020 again asking the same thing:      and got help and vanished again.   then you've just returned again after 2yrs:      trying to get the full picture from you each time you return, to enable us to help your properly, is like pulling teeth. we never get it.   We get a bit by bit dribble each time and then findout very relevant new important info that you didnt tell us first-off when we've asked for it all that changes the whole picture.   as far as i can gather, you wanted to pay off a few debts....   they gave you an unregulated mortgage/secured loan? (is it still showing on your deeds?) the breakdown of this was:   brokers fee  £427.50 Mortgage £2,203.26 car loan  £21.977.35 loan admin fee £35.00 PPI £4105.15 tele transfer fee  £40.00 indemnity fee  £135.00 Cheque  (never received )  £4144.39 Amount of credit  £28365.00 total £32470.15   but you say nothing about the interest each month,so their figure today could quite be correct. the above figure does not inc interest. you don't get a loan for FREE!!   as to date you've not scanned up the full agreement to one mass pdf after reading our upload guide carefully. we need to see that.   now going on from here upon what we also appear to know...   you appear to have been taken to court by Swift for repossession at some point. date please and you obviously won an got the repo suspended?   it appears at some point in time you appointed a mortgage reclaim company or they contacted you (as they do they scan the courts looking for people being repossessed)  - they scammed you and disappeared into thin air and this possibly involved you taking swift to court , questioning the outstanding figure at the time? if so when please          
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Well sent prelim to ge money for charges on a car loan totalling £450 approx they have sent letter back to me saying i cant claim as auto finance is not covered by the oft ruling. I was under the illusion i could claim back the charges.Any idea anyone?:o

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  • 3 weeks later...

It makes no difference whether they are covered by the ruling. Idf you read the OFT report only credit cards are required to comply but banks, mortgages and other lenders are suggested. I think you ned to read the OFT report if you havent already and fully understand the procerss and the facts behind it

 

good luck

All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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ok so what you mean is they are trying to fob me off?

 

YES They are trying to fob you off.. Carry on with the next stage of your claim.

Good Luck

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Sowerby,

 

I'm chasing GE for £650, they've done exactly the same with me.

 

Don't be put off!

 

I've just settled in full what they claim is due and the moment I receive the letter I've requesting detailing all charges over the life of the agreement, my MCOL summons will be issued!

 

I shall also be issuing DPA proceedings if they've messed up my credit file.

 

Charlie

Charlie

 

Won so far....

Lloyds Bank - £8500

Lloyds Mastercard - £800

Egg - £1500

Cahoot - £1500

HFC - £180

GE Money - £600

Midshires - £1100

Friends, family & neighbours I've helped - £5000+!!

 

Currently working on...

 

Charges:

Lloyds (again) £2200

CCA:

Lloyds (yawn) & Egg

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Unless they produce evidence that the charges they applied to your account are a true representation of the loss / Cost to them, then it is simple .. It is a penalty charge and we all know that penalty charges are unlawfull under Common LAW.

 

The Law is there for the for your protection. Let them stand up in court and prove that their Penalty Charge are fair, Make them disclose the true cost , but of course for commercial reasons they will not have the balls to do that.

 

Good Luck

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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  • 2 weeks later...

Well I phoned them up to see if they would settle and got a no way so going to have to take them to court. They adamently say that auto finance and loans is not covered by oft ruling and i will not get any money/

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As reidnet says, it's about the lawfulness of penalty charges for breach of contract. The OFT ruling is completely irrelevant - I wouldn't even mention it myself - it just confuses the issue.

 

The case is very simple:

1. You breached your loan agreement by making payments late

2. As a result they put charges on your account

3. These charges are far more than they actually lost as a result of your breach of your agreement

4. Therefore the charges are penalties and are unlawfaul at common law.

 

People put in the OFT statements as 'evidence' for item 3. You can use the UTCCR1999 as well. And you need to marshall other evidence which can be found here http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html although you may need to modify a bit for this claim.

 

What you could do with getting hold of is a copy of the loan agreement to demonstrate item 1 - this is where some cases have fallen down.

 

Have a read of the thread in the link above and, if you haven't got a copy of the loan agreement, try and get one fomr GE (website or write to them) and we'll take it from there.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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