Thanks Duchess,
One slight correction for which I must apologise:
The Document you need to ask Swift for is called the 'Actuarial Accrual Account Summary sheet', not the Actuarial Account Summary sheet. Sorry about that.
So, you have an Unregulated Loan Agreement which means at the time of execution was not regulated by the Consumer Credit Act 1976 because it was over £25k.
1) Were any of the previous loans (the car loan for example) secured on your property as a second charge loan?
if so,
2) was it a condition of Swift Advances that before you could take the 25k loan, you had to pay the other loans off so they would have a clear second charge on your property behind your main Mortgage Lender who held the 1st Charge?
3) You say you never received any money (cash) from this loan after they had paid the mortgage arrears and car loan etc., but was there even 1p ever paid to you from this overall loan? If so, how much?
4) Can you recall what this £4000 they say they sent you was for or where it fits into the structure of the loan?
You really do need to insist that they provide proof of this payment, cheque number, date issued, Bank drawn on, date it cleared through their account to show it was paid and into which account it was paid into when it cleared.
Keep pressing for it. Keep insisting on it.
5) Have Swift commenced litigation against you for possession at any time and what is the status of this account with them as we speak?
The reason I am asking all this is because the structure of the loan is important as are the charges applied and the interest on same. If you end up in court, the courts will invariably favour Swift and they will employ barristers, at your expense (added to your account), which compounds your problems in what you owe them.
What you then have to do is mitigate those costs or they'll skin you rotten. It's never easy against Swift. They are a well-oiled machine.
I cannot offer any miracle cure here, but somehow you may be able to mitigate costs and what you end up having to pay them. I have no legal training so do not sit back waiting for Swift to act, get proper legal advice if Swift are gunning for you.
I am trying to strip this down to all it's component parts so we know exactly what we are dealing with here, if that's okay with you? No false hope - okay?