I think what it may be trying to do is ask if you want to sign in under your real name and obviously you don't. I'm not getting that at all it just takes me straight to the blog. Ryde?

Well just make sure they don't try and grab that as well. It's par for the course with these vultures.

Hi MWSPML A lot of people in your position would be glad just to be shot of the beggars and then get on with their lives. What the **** don't realise is just how much this stuff blight's people's lives. It JUST ISN'T ON. I greatly admire your courage and fortitude as do many others. When you are in a position to do this will you will receive and deserve to receive the life long gratitude of the many victims to come of these disgusting parasites.

Check this out. They are sharks. Who are Capstone Mortgage Services & why watch them? Capstonewatch's Blog Also check out the following thread. Very few have been able to get anything back except that is through the FOS. One or two have ventured into court and won as well. http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/170607-spml-london-mortgage-company-290.html#post2836642

What a fob off. This is an absolute dereliction of duty. No wonder Hector is leaving. He simply can't cut it. The FSA is not only unable to fulfil its statutory duties. If any evidence were needed of FSA complicity in this scandalous cover up, this is it. They should be hauled before the courts for failing to give effect to EU originated consumer protection directives. Will a top notch consumer law barrister PLEASE step forward and offer to do this?

Who are Capstone Mortgage Services & why watch them? Capstonewatch's Blog

Not sure what you mean. I clicked on it and it just takes you to the blog???I'll take the link off and post it back on. FSA mmm...this will be interesting. I'll hang on for that!

Hi jetli Someone's started a blog. Looks like they've being paying very close attention to what is going on here.

Another big question that arises from this is who is Jetli supposed to pay now she has sold her house? only sppl can give a valid receipt and remove the charge but they have no personel to give this instruction or authorise this or any other action in their name. Ryde suggest you look at the watch under disgusting if you haven't already.

Nice dotty 2 down 3 to go. Please excuse my rather idealistic notion that conscience be given a better chance. I went all 60s for a moment but I think I'm better now...

Ah the case list... Bless em! They are soooo locked into their roles aren't they? Like the train driver to Auschwitz who would take great pride in being meticulous and precise over his work, ensuring it arrived on time with its precious cargo intact. The role is everything...nothing can impede the progress of the task. It is a requirement of the role that the duties are fulfilled meticulously, precisely and without question. Individual morality and conscience must be put to one side. When locked in a role it desensitises an individual to the nature of the task, and the consequences of the work. The hierarchy relieves the individual of his or her personal responsibility for the harm that may arise from the performance of the task. Further he is incentivised to put his natural human concerns to one side. He is after all a good person. He is kind, loves his children and undertakes philanthropic work on behalf of the needy. But he is rewarded most when he becomes most mindless. He is seduced by a graduated commitment to the task until he inflicts maximum harm with less stirring of the conscience that occurred when he first started out. He was troubled, but was reassured that it was alright. He was anxious about the consequences of the task. Would it make him a bad person? He was concerned but lost that concern when he was told we were trailer trash who could never have afforded these mortgages in the first place. He has forgotten how to be human. So when we call him ****. Or when we refer to them collectively as b.stards Or when we insult their integrity, please remember that he is only fulfilling a role. A role just like the train driver on the way to Auswitchz.

I'm definitely "good" which leaves you...well you know. But perhaps ANW means it in the wider sense of a force to be reckoned with...I'm sure rotarians are very neat people who don't like loose ends and therefore I anticipate this mystery will be cleared up soon. PS Have you seen the guest count?

Agreed...I will check when I get home. I repeat. I can't see any harm. If the DJ won't bite then they won't bite. But if they do... As a footnote MWSPML should probably PM on of us with it if MWSPML feels that we are not jackals or shills and can therefore be trusted...

Ryde absolutely I understand the very real cautionary points you raise. However it's a bat to nothing. Either it works or does not work but yes you are right mwspml would need to disclose his or her identity and that is a very big ask. So in that sense persuasive precedent is out of the window. But it doesn't stop the argument being raised. We used to argue that SPML etc didn't have the locus standi because they had sold the mortgages to the SPV who then sold them on again. That generally would not get any hearing at all. Actually I find it strange that on the four separate occasions I raised it, it was ignored or dismissed rather than defended from Sue's position? Why? Why not say that is incorrect because it is equitable? But no it was always ignored or wilfuly misunderstood as if I was thick...(maybe I am!) Moving on though I see no good reason why every cagger cannot demand as of right under 31.6 to see the instructions to the solicitors and then ask for disclosure when it doesn't come as part of the defence. And I see no good reason why we also cannot ask for disclosure of documents authorising the INTERLOPER CAPSTONE to act on behalf of SPPL/SPML/Preferred etc. It's only a paragraph to add to what is now a pretty well formulated defence. And if one Judge has shown that he/she is not a moron who's to say there aren't other non-moronic DJs out there who might say "...actually this is interesting, this isn't the usual yackety BS defence...this LIP really has something to say? Trying to keep the faith...

Ryde Binding? No. You are absolutely correct. However it could be citable as persuasive precedent. Although County Court decisions are not binding on other county courts they may be cited as persuasive. Now think of this. Virtually all of our cases involve in the same points of law and could not be distinguished upon the facts. At this stage that doesn't matter. But if enough DJs started to take the same view a trickle would become a flood and they would then have to start to think seriously about a 'test case'. I'm pretty sure that would be the last thing they would want. Win OR Lose. ...if every cagger could raise this as part of their defence. Who issues the instructions? Capstone? On behalf of whom? (SPML let's say). Where is the authorisation from SPML? Capstone haven't got it. Locus standi - game on.

MEANING OF UNABLE TO CLIENT MONEY Smaller firms - One minute guides Smaller firms online - Your Firm type

Well we could call that progress, but if the mods are looking in they might want to consider ITBG'S ONGOING BAN, in the light of JetLi's story.? Oh and after Jet has been effed over and the equity cash grab [problem] is complete can any mod/site team member honestly say to me that that will be the end of the trauma? I refer of course to this... http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/252162-repossed-spml-now-being.html http://capstonewatch.wordpress.com/2010/03/18/a-disgusting-post-possession-habit/ Now, thinking about this it would be IMPOSSIBLE under any code of conduct even any code of morality wouldn't it? But it's happening. Now I may know **** all about law but I know a great deal about social psychology. And if there is one thing social psychology teaches us it's this. THERE IS SOMETHING CALLED THE THIN EDGE OF THE WEDGE. If this is allowed to stand what the feckin hell is next? That's why LC needs to come back. His contributions had them collapsing in disarray. Now they're getting confident and cocky and repoing again left right and centre. Is this a Vichy regime? Martin Niemöller Poem They came for the Communists, and I didn't object - For I wasn't a Communist; They came for the Socialists, and I didn't object - For I wasn't a Socialist; They came for the labor leaders, and I didn't object - For I wasn't a labor leader; They came for the Jews, and I didn't object - For I wasn't a Jew; Then they came for me - And there was no one left to object. Martin Niemoller, German Protestant Pastor, 1892-1984

Hi Uneverdid. Once again I am so sorry that the efforts to help get you to avoid the suspended repossession order did not work on the day. I'm afraid in experienced cag circles we have invented the phrase DJ lottery which means of course that a weaker argument may well have succeeded with one DJ and a stronger argument would have failed with any judge so inclined not to hear it. This is all too commonplace in our courts. I don't say that they should automatically side with us but I DO SAY they should not automatically side with the lender, especially when there must be so many murmers going round JUDGE CIRCLES about the essentially evil and unlawful nature of so many of these actions. I praise the judge who told Capstone to get lost until they could demonstrate what business they had in all of this. So there we go, some good some not so good. I've been there myself and it is thoroughly dispiriting for a few days. As I said above I GOT NOTHING even though nine tenths of the argument was mine. Even the judge started to shift in his chair. He lied, I knew it and he knew that I knew it. From there he started giving the oppo a tough time presumably to give it some "balance." So...this is never easy but the main thing is to not lose heart (I was devastated as until then I had belief in the fairness of the court). But I have picked myself up and learned so much about fighting the **** it made me determined never to go in again without first arming myself to the teeth with all the necessary legal ****e that goes with the territory. I am dedicated to making sure that everyone going in against the **** has at least a fighting chance. The fact that even this cold hearted b*****d could say 'cheer up' fills me with wonder and dread. Keep to the arrangement and you'll be fine? He's just given them a licence to scream breach. What an a-hole. But we know that this is what they do. They do scream breach even when there hasn't been one. No eviction notice is passing your door without a full and robust response. YOU HAVE MY WORD ON THAT. (Anybody else with specialist knowledge of how to tackle this manufactured nonsense will also chip in). The contract argument is a nonsense. HE is lying, or just not a very good interpreter of the law. It works like this. If the EU passes a directive, irrelevant of local custom, that must be given effect. If the EU has deemed that there may be some contracts which have unfair terms then the very existence of those terms is not sufficient to overcome the condition of fairness. It is really very simple. IT's in the contract does not wash anymore and has not washed for more than 15 years. A judge should know this and is unfit for judicial office if he suggests otherwise. Debt dodging agencies at the court doorsteps is an utter disgrace as is lack of privacy. These parasites are just another part of the feeding frenzy. They have no useful function other than at least it keeps them from burglary and robbing people's cars. Yet another set of **** waiting to suck us all in. Tell them to **** off. (probably get banned from cag for that) We are with you 100%. And we will stay with you...keep the faith and watch the b*****ds like a hawk from now on in...

Probably but will the SFO bite? Or is there too much pinned on them getting away with this as quietly as possible? Blanket media silence despite it being the`hot' financial story of the moment. This cannot be an accident...surely one journalist would have seen this. Total focus on finding the bad apples, rather than a focus on (extending the metaphor) the stinking barrel.

Fully getting your drift here Ryde. Now...what got me thinking was Sced's simple question which goes something like this. "The court have told me to pay PML. I have asked for PMLs payee details and none are forthcoming. I could pay Capstone But If I do, how do I know that a) Capstone have been authorised by PML and b) that I am getting good receipt. These are perfectly valid questions. Where is the substantive proof that Capstone have a lawful right rather than an assertion to receive payments in respect of an agreement that I have with SPPL/SPML/Preferred or whoever? Now we all know that Capstone's true authorisation and service contract is with the SPV, NOT the originator for a variety of reasons such as tax avoidance. But that cannot be relied upon because the SPV does not want to come forward, indeed possibly cannot come forward. So. The registration gap was used so that the originator could bring a claim in residual equity (prior to fulfilling or rather not fulfilling the lawful requirement to effect the transfer at law). At most they would need this gap to be about five years before every single mortgage or loan was liquidated and all borrowers were repossessed, so the equity cash grab heist could be completed. BUT Lehmans went TU. And now the originators (who always said "ah yes it may have been securitised but we only transferred the beneficial part) are dead in the water. So, following on from that, 1. they never did come to a fall back arrangement with Capstone 2. there is no authorisation between the Originator and Capstone 3. Ergo Capstone lack the locus standi and capacity to lawfully bring claim! And who instructs the solicitors? Why, CAPSTONE, of course! Please tell me I'm wrong...Remember that one DJ has already thrown out a claim asking bluntly who the hell are Capstone to be sticking their noses into this! Peace... or pieces...?

In the light of recent developments in the securitisation debate...namely that Capstone have no authorisation from the originator (seems to me a pretty powerful argument. Capstone demand money and issue claim but have no authorisation to do so.) I thought I would resurrect one of supersleuth's finest posts from about a year ago. I think that since a line of argument is developing here that Capstone are a bunch of fraudsters with no proof of claim the following post should be re-examined in the light of this. Give 'em hell! (Hope super has no objections...)

Hi Blue Eyed Girl Anyone looking at that site which can be found here will find dozens of dissatisfied customers of the appalling Capstone. Capstone Mortgages - Disgraceful - Ripoff Shaun is to be commended for his raising of this issue and successfully getting google's search engine to boost his ranking. More people need to be aware of what is going on here. Specifically that this is not an individual failing but is systemic and integral to the way Capstone operate on behalf of the SPiVs. I might be mistaken but I think there are links to one or two other sites as well in Shaun's blog. Keep digging...

As a footnote I tried to vary an order and got a pig of a judge who sounds more or less the same as this one. If they ain't interested no amount of documentation and supporting evidence is going to help. They have the discretion NOT to Help you which they exercise invariably and the discretion TO help, which they invariably NEVER exercise. DJs are still locked into the myth that the lender is telling the truth, we are **** and that we should be grateful for suspended orders. It's a feckin' disgrace. CJC next stop.

Highly unlikely to succeed on appeal in my view. The thing is if the assessment of the DJ had been based on erroneous understanding of points of law that might do it. But really it's not about a point of law. It's about a judge not doing his or her job properly and lying. You are now asking another judge in the same court Such as a Recorder or more likely a Circuit Judge to cast doubt not on a point of law but on the conduct of one of their colleagues. I don't think that could stick. Factor in stress and costs and it appears not to be worth it. There are other tactics to ensure that this goes no further. Many seasoned caggers on the Capstone threads have been on suspended repos a long time now. You just have to watch them 24/7 to make sure it doesn't go fully blown. At least now we can start getting the FOS involved. The FSA surely have to call time soon. They are too far up the path not to. Just my 10p's worth. Feel free to disagree.

Hi Uneverdid This is not, as you know, the outcome you wanted or deserved. Seems the Judge was particularly "lender biased" as we all know they can be. He really should be King in his own court and not let the solicitors get away with an 11th hour production of documents that you've been patiently asking for for months now. Also note how they are yet again declining their own jurisdiction on the contracts and misstating the law. Since when was a contractual term enforceable merely by being a contractual term.? If this anything goes approach is the correct legal analysis then An EU directive has been ripped up by a county court. What would the ECJ have to say about this? It's high time the rotten County Court system got itself up to speed. AT least be honest and say I'm declining my jurisdiction-take it up with the FOS. instead of lying 12.3 of the UTCCRS. Read it. The court may grant an injunction as it sees fit, NOT IN HIS REMIT MY FOOT. It's right within HIS remit, the lying ******. So uneverdid...let's try to put something positive on this. Generally Suspended orders are easy to convert, but we can fight those too, and have a strong track record in doing so. Look upon the things you could have done and should have done as part of the experience of learning how to fight this head on. You will have to watch them very carefully and must not miss a payment or the overage. AT some point they wil say they haven't received payment and then go straight to the court for eviction which they'll get. You'll be the last to know. Even at this stage we can fight. After a while they move onto to some one else instead and realise you have them boxed in. Remember that in the past it was so much easier for them to get a suspended because people would not fight that thinking it was fair. Now they have to breach procedure and lie just to get those. Pep talk over, practical advice to follow...