ok no worries i will send over tomorrow morning and we can compare notes if i can help i will.

Hi p.j just to let you know. Your mortgage has been sold as mine to eurosail if you send me your email i will mail you the copy they sent me as preferred is on it. But they sold them all in 2007 told me that my mortgage had been pooled with other mortgage's and Eurosail has a benefical interest, but preferred are definitely in the document

I think they will ask if they need further information i cant thank Applecart enough

I put a copy of mortgage deed and a copy of the grounds of the application that's 5 6&7 are really the same i have no witnesses but will call the solicitors who witnessed the deed if i need to 7 the grounds of thee doc apple gave you.

Called Trustee Delegation act 1999

Hi, i posted it on page 62 just send explanation and the section 10.

i sent that one

Dear Apple all sent letter to court with all attached information. Hand delivered this afternoon. letter and application sent to property chamber by next day delivery. only need tomorrow to send to Spml should i include for their copy the application to the property chamber or just mention it. funnily enough they have been calling me this week. thank you

Dear Applecart, I am struggling here now, I have spoken to the Court who have told me to send my letter in and they will look at it as the Judge has only allocated 10 minutes for our hearing. They have no idea what the property chamber is they have never heard of it? Anyway I will attach a copy of the application to the Property Chamber to the Judge, do I need to also do this so SPML can see this also. I am at a loss to where to send my letters to Acenden/SPML/Lighfoots the solicitors. Thank you

Good Morning Applecart, I cant thank you enough. Was the paste above of the trust deed correct for me to print out? I have now done the letter to the Court, copied and tailored the Grounds for Application and downloaded the application form. I may being a little slow here, so sorry. do I send all to the Court? A copy to SPML and where so I send this to it's registered office or Acenden's solicitors or Acenden themselves. Do I send all the documetation including the court letter to the Property Chamber? as I cant see an address for application on the link? Sorry to be a pest but I want this to be spot on. Thanks again I really really appreciate your help with this.

Sorry where do I get this from Exhibit B” [attach a copy of the draft written representation – amend it first to include your own info – and a copy of the application form itself must be attached] lots of documents on this website not sure which one and what to pay to do it. Thank you

Is what I need to send as Exibit A? Trustee Delegation Act 1999 1999 CHAPTER 15 Introduction 1.These explanatory notes relate to the Trustee Delegation Act 1999 which received Royal Assent on 15 July 1999. They have been prepared by the Lord Chancellor’s Department in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament. 2.The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given. 3.Annex A sets out the text of Powers of Attorney Act 1971 s 10 as amended by the Act. A glossary of technical terms used in these notes is provided at Annex B. Summary 4.The Act implements, with minor modifications, the changes to the law recommended by the Law Commission in its report The Law of Trusts: Delegation by Individual Trustees (1994) Law Com No 220. 5.The sections of the Act may conveniently be divided into five groups. Sections 1 - 4 create an exception to the general rule that the exercise of trustee functions may not be delegated. Sections 5 - 6 amend the general statutory conditions on which a trustee may delegate the exercise of his or her trustee functions and provide for the creation of a statutory form of power of attorney for use by a trustee. Sections 7 - 9 prevent the rules of law which require capital monies to be paid to at least two trustees from being circumvented by use of a power of attorney and make provision relating to registered enduring powers of attorney. Section 10 creates a rule of interpretation that an attorney’s authority to do an act in relation to land includes authority to do that act in relation to any estate or interest in the land. Sections 11 - 13 deal with commencement and other supplementary matters. Background 6.The primary responsibility of trustees has traditionally been to hold property on behalf of the beneficiaries under the trust. The trustee must safeguard the property and deal with it in the best interests of the beneficiaries. It is a general rule of trust law that trustees, having voluntarily agreed to act as such, cannot delegate the exercise of their powers and duties. The rule is subject to the following exceptions: if the instrument establishing the trust specifically authorises delegation; if delegation is permitted by all the beneficiaries (for this exception to apply, all the beneficiaries must be both mentally capable and at least eighteen years old); if delegation is permitted under section 25 of the Trustee Act 1925 or section 3(3) of the Enduring Powers of Attorney Act 1985. 7.Following criticism of section 3(3) the Law Commission was asked to consider the operation of the present law. It issued a consultation paper The Law of Trusts: Delegation by Individual Trustees CP No 118 in 1991. The response to the paper supported the Commission’s provisional conclusion that section 3(3) was inappropriate for delegation by trustees in general but that special provision should be made for co-owners of land who are trustees. In 1994 the Law Commission published its report The Law of Trusts: Delegation by Individual Trustees Law Com No 220. In the report the Law Commission concluded that in relation to delegation by individual trustees generally the conditions imposed by section 25 of the Trustee Act 1925 were, subject to certain minor changes, appropriate but that section 3(3) was inappropriate. The Law Commission also concluded that some relaxation of the rules, designed to address the needs of beneficial co-owners of land, was justified. THE Act 8.The Act has thirteen sections and a repeal Schedule. The Act relates only to England and Wales. Commentary on Sections 9.Section 1 creates a new statutory exception to the general rule that a trustee must exercise in person the functions vested in him or her as a trustee. The effect of the exception is that, where a power of attorney authorises a donee to act on behalf of the donor in relation to property of the relevant kind, the donee is not prevented from acting by the rule that the donor must exercise trustee functions in person. 10.The provision is of particular benefit to co-owners of land. First, it enables co-owners to delegate without having to comply with the restrictions which apply where trustees hold land only for third parties. The need for this special rule for co-owners of land arises because the 1925 property legislation requires land owned by more than one person to be held on trust. The result is that co-owners of land are, whether they appreciate it or not, trustees of a freehold or leasehold estate in land irrespective of whether they hold the land for themselves or other people. Secondly, the provision enables a co-owner of land to make effective provision for the disposal of the co-owned land if he or she becomes mentally incapable. This is necessary because section 3(3) of the Enduring Powers of Attorney Act 1985 is repealed (section 4). Finally, the provision ensures that the donee is able to deal with the proceeds of sale and income from the land as well as the land itself. Without this additional scope the donee of a power of attorney could dispose of land under section 1 but be unable to deal with the proceeds of sale. 11.Subsection (1) provides that, where the donee of a power of attorney would only be prevented from doing an act because doing it would involve the exercise of a function of the donor as a trustee, the donee may nevertheless do that act if: the act relates to land (as defined in section 11(1)), the capital proceeds of a conveyance (as defined in subsection (2)) of land, or income from land; and at the time the act is done, the donor has a beneficial interest of any size or nature in the land, proceeds or income to which the act relates. 12.The person creating the trust or the donor may, however, exclude or restrict this provision in the document creating the trust or the power of attorney (as the case may be) (subsections (3) and (5)). 13.subsection (2) defines conveyance and the reference to a trustee function of the donor for the purpose of section 1. The definitions are set out in the glossary. 14.subsection (3) provides that the terms of the deed creating a power of attorney may limit or exclude delegation under this section. A donor is therefore not compelled to allow the donee to exercise a function by virtue of section 1. 15.subsection (4) addresses the issue of liability. It makes clear that, although a trustee is not liable for permitting a delegate to act under subsection (1), a trustee is liable for what a delegate does or fails to do. Subsection (4) is subject to subsection (5). 16.subsection (5) provides that a person creating a trust may limit or exclude the effect of subsections (1) and (4) by making express provision in the document creating the trust. There is a similar provision in relation to section 25 of the Trustee Act 1925 (Trustee Act 1925 s 69(2)). 17.subsection (6) replicates in relation to the exercise of trustee functions under subsection (1) the general effect of section 25(7) of the Trustee Act 1925 in relation to delegation under that section. It enables the bank or company in whose books shares and stocks are registered to ignore the notice of the trust which it would otherwise receive when dealing with a donee acting under subsection (1): for example where the donee uses the proceeds of sale of land to acquire stock from a company. This provision is necessary because a company registered in England and Wales is prohibited from entering notice of any trust on its register of members (Companies Act 1985 s 360). 18.subsection (7) addresses a particular problem arising from the operation of the doctrine of conversion. It provides that where that doctrine deems a trustee of land to have an interest in the proceeds of sale of the land rather than the land itself, the interest is to be treated for the purposes of sections 1 and 2 as being an interest in the land. The doctrine of conversion in relation to land held on trust for sale was largely abolished by section 3(1) of the Trusts of Land and Appointment of Trustees Act 1996. However, the doctrine still applies to trusts created by wills where the testator died before 1 January 1997. Subsection (7) avoids any arguments as to whether the donor has an interest in the land or the proceeds of sale where the doctrine still applies. 19.subsection (8) did not appear in the draft Bill attached to the Law Commission’s Report. The subsection makes it clear that section 1 only takes effect where a donee of a power of attorney is not otherwise authorised to exercise trustee functions. See also section 4(6). 20.subsection (9) prevents the new provision from applying to powers of attorney granted before the Act comes into force. 21.Section 2 supports section 1. A person dealing with a donee under section 1 has to know whether the donor has a beneficial interest in the relevant property (section 1(1)). This could be left to investigation. However, investigation of title to beneficial interests is notoriously complicated. Section 2 simplifies the transaction by providing a mechanism on which the person dealing with the donee can rely. The result is that a purchaser whose title depends upon a donee of a power of attorney having the right to exercise a trustee function by virtue of section 1(1) can rely on a written statement by the donee that, at the time that he or she exercised the trustee function, the donor had a beneficial interest in the relevant property. 22.subsection (1) states that section 2 applies to a purchaser whose interest depends on section 1 applying to a particular power of attorney. 23.subsections (2) and (3) provide that, where section 2 applies, an “appropriate statement” (as defined in subsection (3)) is, in favour of a purchaser, conclusive evidence that the donor had the necessary beneficial interest in the land, capital proceeds of a conveyance of land or income from land (as the case may be) at the time the donee exercised the trustee function by virtue of section 1(1). Such evidence may be displaced by fraud or inaccuracy on the face of the statement. An “appropriate statement” is a signed statement made by the donee that the donor has a beneficial interest in the property at the time that the donee exercises the trustee function by virtue of section 1. The statement must be made by the donee during the period of three months that begins with the day that the trustee function is exercised under section 1. 24.subsection (4) provides that a donee who makes a false statement is liable to the penalties which apply on making a false statutory declaration under section 5 of the Perjury Act 1911: a penalty on summary conviction of imprisonment for up to six months and/or a fine not exceeding level 5 on the standard scale (currently £5,000); on indictment, the penalty would be imprisonment for up to two years and/or an unlimited fine. 25.Section 3 provides that a donee of a general power of attorney in the form prescribed by section 10 of the Powers of Attorney Act 1971 may by virtue of section 1(1) exercise the trustee functions of the donor in relation to relevant property. To this extent, the section reverses the effect of Walia v. Michael Naughton Ltd [1985] 1 WLR 1115 (see note to section 4). The relevant extract from the 1971 Act showing the amendment effected by the Act is set out in Annex A. 26.Section 4 repeals section 3(3) of the Enduring Powers of Attorney Act 1985 subject to various transitional provisions. Section 3(3) provides that “Subject to any conditions or restrictions contained in the instrument, an attorney under an enduring power, whether general or limited, may (without obtaining any consent) execute or exercise all or any of the trusts, powers or discretions vested in the donor as trustee and may (without the concurrence of any other person) give valid receipt for capital or other money paid.” 27.This provision was introduced late in the passage of the Bill which became the Enduring Powers of Attorney Act 1985. It was intended to stop the combination of clause 2(8) of the then Bill (a power of attorney under Trustee Act 1925 s 25 cannot be an enduring power) and the effect of the decision in Walia v Michael Naughton Limited [1985] 1 WLR 1115 from reducing the efficacy of the enduring powers of attorney scheme by preventing an attorney under an enduring power from disposing of any of the donor’s property held on trust. In that case it was held that a power of attorney granted under section 10 of the Powers of Attorney Act 1971 was not appropriate to entitle the donee to execute a transfer of the legal estate in co-owned land because the transferor, whether or not purporting to convey as beneficial owner, was exercising the function of a trustee. Section 3(3) may however have gone much further than was necessary to achieve the desired result and may have the much wider, and undesirable, effect of delegating all the donor’s functions as a trustee whether or not he or she owns the property in question. 28.The repeal implements the policy that trustees who hold property only for third parties should only be able to delegate their trustee functions by statute subject to the safeguards imposed by section 25 of the Trustee Act 1925 (see section 5). The repeal brings to an end the existence of the inconsistent but overlapping regimes for delegation by individual trustees under section 25 of the Trustee Act 1925 and section 3(3) of the Enduring Powers of Attorney Act 1985. The transitional provisions are necessary because it is likely that there are in existence enduring powers of attorney in relation to which the donor is no longer mentally capable of making new provision for the delegation of trustee functions. 29.subsection (1) provides that the repeal of section 3(3) applies, without transitional provisions, to all enduring powers of attorney created after the Act comes into force. 30.subsections (2) - (4) provide that, for enduring powers in existence when the Act comes into force, the repeal takes effect one year after the Act comes into force unless the enduring power is registered pursuant to an application for registration made before or within that year, in which case, section 3(3) continues to apply to it until the registration is cancelled. The period of a year enables donors of enduring powers who are mentally capable to make new arrangements, whilst the exception preserves the effect of delegations where the donor is no longer capable of delegating his or her functions. In cases where such applications are unsuccessful section 3(3) continues to apply while the application is pending until final refusal (as defined in subsection (5)). Where section 3(3) ceases to apply, section 1 may take effect in relation to the power (see subsection (6)). 31.The expressions ‘registration’, ‘registered’ and ‘cancelled’ are defined by reference to the 1985 Act. Under that Act, if the donee of an enduring power has reason to believe that the donor is or is becoming mentally incapable, the donee must apply to the Court of Protection for registration of the instrument creating the power (Enduring Power of Attorney Act 1985 s 4). On the donor becoming mentally incapable, the donee may not, except in certain limited circumstances, exercise the enduring power of attorney (Enduring Powers of Attorney Act 1985 s 1). On registration, the donee may exercise the power of attorney and a revocation of the power by the donor is only valid if confirmed by the Court of Protection (Enduring Powers of Attorney Act 1985 ss 1(1), 7 and 8(3)). The circumstances in which the Court of Protection can cancel a registration are set out in section 8(4) of the 1985 Act. They include confirmation by the Court of Protection of a revocation by the donor. 32.subsection (5) provides that an application is deemed to be “finally refused” when the applicant has withdrawn or abandoned the application or the right to appeal has been exhausted. 33.subsection (6) did not appear in the Bill annexed to the Law Commission Report. The Law Commission had proposed that on section 3(3) ceasing to have effect, an enduring power made before that Bill came into force would no longer have been effective to delegate trustee functions. Subsection (6) provides that on section 3(3) ceasing to apply, section 1 may take effect in relation to an enduring power (see also section 1(8)). Thus, where the donor of an enduring power does not make a new delegation in the one year transitional period, the enduring power may still be effective in relation to property falling within section 1. Without this provision, all donors of enduring powers created before the Act comes into force would have to grant new enduring powers to delegate trustee functions after section 3(3) ceases to apply. 34.Section 5 substitutes a new section 25 of the Trustee Act 1925 in relation to powers of attorney granted after the Act comes into force. In its previous form section 25 allowed a trustee to delegate by power of attorney for a period of up to twelve months the exercise of the trusts, powers and discretions (i.e. functions) vested in him or her as trustee. This power to delegate was, however, subject to various safeguards intended to protect the interests of beneficiaries from excessive delegation. In brief, these were that the trustee may not delegate to a sole co-trustee (unless a trust corporation); must give notice of each appointment to specified persons; and remained liable for the acts and omissions of the attorney. The powers conferred by section 25 could be excluded or restricted by the document, if any, creating the trust (Trustee Act 1925 s 69(2)). 35.subsection (1) sets out the text of the new section 25. The new section 25(1) enables a trustee to delegate by power of attorney the exercise of trustee functions. The only change from the pervious section 25(1) is the removal of the reference to the permitted duration of such delegation. This is dealt with in the new section 25(2) which preserves the twelve month time limit but clarifies its effect. The result is that, subject to that maximum, a power of attorney can define the period for which it has effect. If nothing is said, the power is to apply for twelve months from the date of its execution by the donor. 36.The new section 25(3) replaces the old section 25(2). The only change to this provision is the removal of the prohibition on a sole co-trustee being the donee of a power of attorney granted under section 25. This prohibition was ineffective for two reasons. First, it did not apply if there were more than two trustees all except one of whom delegated to one co-trustee. Second, it did not take account of the possibility of delegation by several trustees to one attorney. The objective of securing the involvement at the relevant time of at least two persons can be better secured by other means (see section 7). 37.Subsections (5) and (6) of the new section 25 are new. Taken together these subsections provide a new prescribed form of power of attorney which may be used by a single trustee wishing to delegate all of his or her trustee functions in relation to a single trust to a single attorney. This new form is similar to that created by section 10 of the Powers of Attorney Act 1971 which cannot be used by trustees but is widely used generally. A power of attorney differing in immaterial respects only has the same effect as a power in the prescribed form. 38.The only other substantive difference between the new section 25 and the old section 25 is the omission of the old subsection (3) (instrument creating a power of attorney to be attested by at least one witness), which was superseded by section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989. Section 1(3) specifies that an instrument is only validly executed as a deed if it is signed by the person making the deed either in the presence of a witness who attests the signature or at his or her direction and in his or her presence and the presence of two witnesses who each attest the signature; and, in either case, it is delivered as a deed by him or her or a person authorised to do so on his or her behalf. No special provision for executing powers of attorney under section 25 is therefore required. 39.Subsections (4) and (7) - (10) of the new section 25 replace subsection (4) and (5) - (8) respectively of the old section 25 without any substantive change. 40.Subsection (2) provides that the new section 25 does not apply to powers of attorney granted before the Act comes into force. 41.Subsection (3) amends some descriptive wording in section 34(2)(b) of the Pensions Act 1995. The amendment does not affect the substance of section 34(2)(b). The descriptive words removed reflect the original limitation in section 25 as enacted which restricted its operation to circumstances in which a trustee was to be absent abroad for more than one month. The restriction was removed by the Power of Attorney Act 1971. The amendment removes the redundant wording “during absence abroad” and inserts “for period not exceeding twelve months” which corresponds with the provisions in the new section 25. 42.Section 6 repeals section 2(8) of the Enduring Powers of Attorney Act 1985 (which provided that a power of attorney granted under section 25 could not be an enduring power). The repeal allows an enduring power of attorney to be used to delegate trustee functions under section 25 of the Trustee Act 1925 after the Act comes into force. The requirements of section 25 apply. 43.Section 7 specifies the circumstances when a person acting alone cannot satisfy a statutory requirement that two trustees are to receive trust money (the “two- trustee rules”). These requirements are that: (a) capital monies arising from land must be paid to, or at the direction of, at least two trustees (Settled Land Act 1925 ss 18(1)© and 94(1); Law of Property Act 1925 s 27(2)); (b) a valid receipt for such capital monies must be given otherwise than by a sole trustee (Trustee Act 1925 s 14(2)); and © a conveyance or deed must be made by at least two trustees to overreach any powers or interests affecting a legal estate in land (Law of Property Act 1925 s 2(1)(ii)). 44.The section is intended to make it clear that, so long as there are at least two trustees, the “two-trustee rules” can be satisfied either by two people acting in different capacities or by two people acting jointly in the same capacity but not by one person acting in two capacities. For example, where A and B are the only trustees: if A and B each appoint X as attorney, X (acting alone) would not satisfy the “two-trustee rules”. However, if A appointed X as his attorney and B appointed Y as his, X and Y could act together and satisfy the requirement. Similarly, if A appointed X and Y as his joint attorneys and B appointed X and Y as his joint attorneys, X and Y can satisfy the requirement. 45.Subsection (3) provides that section 7 takes effect in relation to all powers of attorney whenever created. However, it does not prevent an attorney under an enduring power to which section 3(3) still applies (see section 4) from acting pursuant to that section. 46.Section 8 inserts four new subsections in section 36 of the Trustee Act 1925 (power of appointing new or additional trustees). The new subsections give the donee of an enduring power of attorney created after the commencement of the Act a new but limited power of appointment of new trustees in certain circumstances. The new power is necessary to prevent the strengthened “two-trustee rules” (section 7) from frustrating the new power for an attorney under an enduring power to exercise the trustee functions of the donor (section 1). For example, A holds land for himself and B. A appoints X as his attorney under an enduring power. A loses mental capacity and the power is registered. X wants to sell the land but cannot satisfy the “two- trustee rules” unless a new trustee is appointed. 47.Subsection (1) inserts subsections 36(6A) - (6D) into section 36 of the Trustee Act 1925. Subsection (6A) provides that a person (‘the attorney’) who satisfies subsection (6B) may appoint a new trustee under section 36(6)(b) if the attorney is either a trustee and an attorney under a registered enduring power of attorney (defined in subsection (6C)) for all the other trustees (to a maximum of two) or an attorney for all the trustees (to a maximum of three). The maximum of three is specified because section 36(6) cannot be used to increase the number of trustees beyond four. Subsection (6B) is satisfied if the attorney intends to exercise a trustee function in relation to land, capital proceeds of a conveyance of land or income from land under section 1(1), section 25 of the Trustee Act 1925 or the instrument creating the trust. Subsection (6C) defines a ‘registered power’ as an enduring power of attorney registered under section 6 of the Enduring Powers of Attorney Act 1985 (see the note to section 4(3) and 4(4) as to when a duty to register arises). Subsection (6D) provides that the power in subsection (6A) may be excluded or limited in the document creating the power of attorney or the trust (as the case may be). 48.Subsection (2) provides that the power to appoint a new trustee does not apply to an attorney appointed by a power granted before the commencement of the Act. 49.Section 9 inserts a new subsection (3) into section 22 of the Law of Property Act 1925. Section 22(2) provides that if land subject to a trust of land is vested, solely or jointly, in a trustee who is incapable by reason of mental disorder of exercising his or her functions as a trustee, the trustee shall be discharged before the legal estate is dealt with. This provision might prevent an attorney for an incapable trustee under a registered enduring power from dealing with the legal estate and thereby defeat the policy underlying the Enduring Powers of Attorney Act 1985 and section 1. The new subsection (3) provides that no discharge is necessary if there is an attorney under an enduring power (as defined in Enduring Powers of Attorney Act 1985 s 2) entitled to act for the incapable trustee. The new subsection (3) applies whenever the enduring power was created. 50.Section 10 creates a general rule of interpretation in relation to the extent of the authority conferred by a power of attorney in relation to land. The new rule provides that, in powers of attorney created after the commencement of the Act, a reference to land includes, subject to any contrary intention in the power of attorney, a reference to all the interests of the donor of the power of attorney in the land at the time that the donee acts. This new provision prevents the technical distinctions between legal and equitable interests in land frustrating the intentions of donors of powers of attorney who may not appreciate the legal niceties. For example, A and B are a married couple who own their own house. In creating a power of attorney A may refer to “my house” even if it is jointly owned, but even if he says “our house” he is unlikely to make it clear whether he is referring to his legal interest, which he holds as trustee, or his equitable interest of which he is the beneficial owner. 51.Subsection (1) provides that a reference to land (as defined in section 11(1)) in a power of attorney includes a reference to every estate and interest (whether legal or equitable) which the donor has in that land for the time being. 52.Subsection (2) provides that the donor of a power of attorney may exclude or restrict the effect of subsection (1) by expressing a contrary intention in the power. 53.Subsection (3) limits the rule of interpretation to powers of attorney granted after the commencement of the Act. 54.Section 11 defines ‘land’ and ‘enduring power’ for the purposes of the Act. The definitions are set out in the glossary. Commencement 55.Sections 1 - 12 will come into force on such date as the Lord Chancellor may appoint by order. Hansard References 56.The following table sets out the dates and Hansard references for each stage of this Act’s passage through Parliament. StageDateHansard referenceHouse of LordsIntroduction3 December 1998Vol. 595 Col. 6052nd Reading11 January 1999Vol. 596 Cols. 11-20Committee2 February 1999Vol. 596 Cols. 1421-3Report2 February 1999Vol. 596 Cols. 1421-3Third Reading9 March 1999Vol. 598 Cols. 125-9House of CommonsIntroduction9 March 1999–2nd Reading Committee17 March 19992nd Reading Committee Hansard2nd Reading14 June 1999Vol. 327 Col. 115 (formal)Committee (SCF)22 June 1999Standing Committee F HansardThird Reading14 July 1999Vol. 335 Cols. 534-6 Royal Assent – 15 July 1999House of LordsHansard Vol.604 Col.601House of CommonsHansard Vol.335 Col.648 Annex A: Section 10 of the Power of Attorney Act 1971 “Effect of general power of attorney in specified form 10 (1.Subject to subsection (2) of this section, a general power of attorney in the form set out in Schedule 1 to this Act, or in a form to the like effect but expressed to be made under this Act, shall operate to confer - (a.on the donee of the power; or (b.if there is more than one donee, on the donees acting jointly or acting jointly or severally, as the case may be, authority to do on behalf of the donor anything which he can lawfully do by an attorney. (2. Subject to section 1 of the Trustee Delegation Act 1999 , this section does not apply to functions which the donor has as a trustee or personal representative or as a tenant for life or statutory owner within the meaning of the Settled Land Act 1925.” Note: text in italics denote amendment introduced by the Act Annex B: Glossary of Terms Beneficial Interest: the rights of a beneficiary in respect of property held under a trust for him or her. Beneficiary: a person entitled to benefit from a trust. Charge: an interest in property creating a security for the performance of an obligation: for example, a mortgage of land may secure an obligation to repay a debt. Conversion: the doctrine of conversion states that where land is held on trust for sale, the interests of the beneficiaries are deemed to be interests in the proceeds of sale, even before the land has been sold. Treating interests in land in this way simplified conveyancing but produced artificiality and inconsistency in relation to the categorisation of interests as interests in land or in the proceeds of sale. Conveyance: in general terms a conveyance is a legal document (other than a will) which transfers property. It is defined in the Law of Property Act 1925 s 205(1)(ii) as including a mortgage, charge, lease, assent [an assurance by personal representatives of a deceased person vesting property in the person entitled], vesting declaration [a declaration in a deed appointing new trustees that the property vests in the trustees], vesting instrument [a deed vesting settled land], disclaimer, release and every other assurance [a disposition and transfer] of property or an interest therein by any instrument, except a will. Deed : is a written document executed with the necessary formality (Law of Property (Miscellaneous Provisions) Act 1989 s 1). Donee: the person who is given authority under a power of attorney. Donor: the person who gives a power of attorney to a donee. Enduring Power of Attorney: a power of attorney made in accordance with the Enduring Powers of Attorney Act 1985. An enduring power may be effective notwithstanding the mental incapacity of the donor. In the Act “enduring power” is defined by reference to the Enduring Powers of Attorney Act 1985, which provides in particular that an enduring power must be granted in the prescribed form and be executed in the prescribed manner by the donor and the attorney (Enduring Powers of Attorney Act 1985 s 2(1)). The present prescribed form is set out in the Enduring Powers of Attorney (Prescribed Form) Regulations 1990 SI 1990/1376. Equitable Interests: all interests in land which are not legal interests are equitable interests. The rights of the beneficiaries against the trust assets are equitable interests. Execution: describes the way in which a person signs or seals (in the case of a corporation) a document and gives it legal effect. Instrument: a formal legal document. Interests in land: rights of ownership of or over land are interests in land. Interests may be estates, interests or charges (although an estate is simply a special kind of interest). These may be legal or equitable. See also equitable interests and legal interests. Land: land is defined in the Trustee Act 1925 as land of any tenure, and mines and minerals, whether or not severed from the surface, buildings or parts of buildings, whether the division is horizontal, vertical or made in any other way, and corporeal hereditaments [rights in property which may be inherited]; also a manor, an advowson [a right to present a clergyman to a benefice], and a rent and other incorporeal hereditaments, and an easement [a right over land for the benefit of other land, such as a right of way], right, privilege, or benefit in, over, or derived from land, (Trustee Act 1925 s 68(6) as amended by the Trusts of Land and Appointment of Trustees Act 1996 s 25(2) and schedule 4). Legal interests in land: today, the only legal estates are those for either a fee simple absolute in possession or a term of years absolute: in broad layman’s terms a freehold or a leasehold. See Law of Property Act 1925 ss 1(1) and 205(1)(x). The other types of legal interest and charge are relatively few (Law of Property Act 1925 s 1(2)). All other interests are equitable interests (Law of Property Act 1925 s 1(3)). In relation to a trust of land, the trustees hold the legal estate. Third parties will usually want to acquire the legal interest free of the rights of the beneficiaries under the trust. Overreaching: to overreach an interest on a disposition of property means to dispose of the property free of that interest. It is a mechanism whereby the rights of a beneficiary in trust land are detached from it and transferred to the proceeds of the sale of land, via the doctrine of conversion, enabling property to be sold where appropriate. Power of Attorney: a power of attorney is both the authority given by one person (‘the donor’) to another person (‘the donee’ or ‘attorney’) to act for the donor in a transaction or a series of transactions or in the management of his or her affairs and the document by which that authority is given. Under the law of England and Wales a power of attorney made by an individual must be executed as a deed (Powers of Attorney Act 1971 s 1(1)). Purchaser: is defined in the Law of Property Act 1925 as a person who, acting in good faith, acquires an interest in, or charge on, property for money or money’s worth (Law of Property Act 1925 s 205 (1)(xxi) as it applies to Part I of that Act). Settled land: land held or deemed to be held on trust (usually referred to as a settlement) subject to the terms of the Settled Land Act 1925. Trusts of this kind may now only be created in exceptional circumstances (see Trusts of Land and Appointment of Trustees Act 1996 s 2 and schedule 1). Such trusts were used in relation to land in which two or more beneficial interests were to exist in succession to one another. See Settled Land Act 1925 s 117(1)(xxiv). Trustee function of the donor: a trustee function of the donor is one the donor has as a sole trustee or one he or she exercises jointly with fellow trustees. Trust and trustee: a trustee is a person who has property or rights which he holds or is bound to exercise for or on behalf of another or others, or for the accomplishment of some particular purpose or purposes. He or she is said to hold the property on trust for that other or others, or for that purpose or purposes. Trust corporation: a trust corporation is one of certain companies with a large paid up capital, or one of certain officials. The most commonly encountered trust corporation is perhaps an executor and trustee company owned by one of the major banks or financial institutions. The term is defined in the Trustee Act 1925 (s 68(1) para (18) which definition was extended by Law of Property (Amendment) Act 1926 s 3). Trust for sale: a trust imposing a duty on the trustees to sell property subject to the trust and to hold the net proceeds of sale for the beneficiaries. Before the coming into force of the Trusts of Land and Appointment of Trustees Act 1996, a statutory trust for sale was imposed on co-owned land other than settled land (Law of Property Act 1925 ss 34 - 36 before amendment by the 1996 Act). Trust of land: a trust of land is any trust of property which consists of or includes land subject to exceptions for settled land and land to which the University and College Estates Act 1925 applies (Trusts of Land and Appointment of Trustees Act 1996 s 1). Trustee: See trust and trustee. Trustee function means the trusts, powers and discretions vested in the donor as trustee (Trustee Act 1925 s 25(1); Trusts of Land and Appointment of Trustees Act 1996 s 9(1).

Thank you so much, I cant thank you enough. I will type this up now and check with you I got the correct article download to attach. I have a copy of my land registry documents and a copy the SPML gave me 2 years ago and they submitted to the court then a copy of my signed deed which was witness by a friend and my solicitor stamped. HMLR say they have no other executed document from Southern Pacific only this. Thank you

Dear All, This may or not help you. I am in the same boat here, my mortgage sold to me in June 2007 from London Mortgage Company. On my deeds at HMLR it states Southern Pacific Mortgage Ltd t/as London Mortgage Company. After the whole debacle in 2010 when a letter came from Capstone and LMC saying my mortgage was now going to be administrated via Capstone, I started to ask a few questions. 1. I used to receive information from both parties LMC headed paper and Capstone so I got confused. I now get letters from SPML/LMC/Acenden which is even ore confusing. 2. I was then told that Capstone were changing their name to Acenden. I believe this as they had so many complaints about them to FSO & FSA 3. I found out that Amay Attita who used to work for Lehmans Brothers was in charge of Acenden and they were mortgage adminstrators for SPMLand PML s o I did some digging the best I could. 4. My break through came when I recieved a notification on my buildings cover asking me to note SPML and a company called Eurosail as interested parties. I asked Acenden who Eurosail were and was told verbally twice that they were Acendens bank account, so I promptly refused stating Acenden's bank accounts had nothing to do with my mortgage or Insurance. 5. They have tried and gone for a repossesion now 3 times, 1st time I paid the a lump sum to stop, 2nd time they never turned up, 3rd time they turned up but before the hearing their solicitor said as I had been paying regular they would seek liberty to restore order, they did this, this year I lost my job and had no income to pay my mortgage I informed them and have tried since may to agree an arrangerment, but they say no, so the last 3 months I have just paid them with extra on top. 6. I compalined to them for yet another time, I asked them outright who owned my mortgage? I believed that SPML who were now at a registered office that belonged to PWC the bankrupcy adminstrators for the disgraged Lehman Brothers once did owned SPML and Preffered but they had told me (PWC) my mortgage had been sold and SPML only owned the title to my deeds. 7. On the 30th August in a letter Acenden admitted this to me, they told my mortgage had been pooled together and securtised with other mortgages and the interested party was Eurosail-UK2007-6NC and they sent me a web link which actually show this and it has 250 pages of stuff I dont really understand. And I havent yet found a solicitor who does either. 8. SPML still trade at companies house as above at an address that belongs to PWC they have 19 mortgages which 17 are satisfied and 2 outstanding according to Companies House. 9. I am back at court next week for possession again so I am taking the advice of IS IT ME? and Applecart. Hope this helps you. feel free to ask any questions.

Good Morning Applecart & IS IT ME? Thank you so much, can you help me draft what I need so I am armed with everything before I go to Court next week. When I spoke with the HMLR yesterday the lady on the consumer help desk told me that they didnt need to execute a deed as they had a copy of ours which was witnessed and had our solicitors stamp on. I can drop by hand the document to the Court today so the DJ has this before ext Wednesday. Do I send a copy to Acenden/SPML? Also I penned a letter last night to them not only asking for all the documentation on the sale, but also outlining SMPL lack of people to talk to, them being registered @ PWC offices as they were formerly in the Group of the disgraced Lehamna Brothers. I outlined my charging costs saying I didnt think they were fair and sent them infotrmation on the MCOB from FCA as to why they werent fair. I looged a complaint with the FCA on the grounds that my trems and conditions were unfair also, this is that SPML have sold/pooled my mortgage the new Trustee of the notes is not registered with the FCA so cannot sell or maintain mortgages so I will have no T;s & C's, the mortgage adminstrator clearly admits it is not obliged to change my terms and conditions so it unfair. I told them that SMPL never intented to sell me a mortgage for 25 years as they had committed to as they sold mine within 5 months so this was unfair. Or should I just send another income and expenditure form offering my £200 extra per month and send a copy to court also? Thanks again your help is wonderful and a breathe of fresh air.

I have the pdf if you can tell me how to upload it it's a lengthy document and it transpires that Lehman Brothers did all this before they collaspsed. What is interesting is that Capstone now rebranded Acenden has a board member who worked for Lehman Brothers and has moved over to run this adminstration company who are in authority to take us all to court to repossess our homes

Dear IS IT ME? Acenden wrote to me on the 30th August 2013 saying : In response to your request for further documentation in relation to the mortgage securitisation, we can confirm that SPML still holds the legal title in your mortgage. Eurosail-Uk 2007-6NC PLC holds a benefical interest in your mortgage by virtue of being pooled with other mortgages and securitised. Eurosail-UK 2007-6NC PLC is a publicly list company. Prospectus deatailing the securitisation structure and parties to it is in the public domain and be found at this link : http://www.ise.ie/debt_documents/eurosail%206nc%20P_9539.pdf

Dear IS IT ME? For the first time here I have read and have some hope. I am off to Court D/J I think for repossension hearing of my house next week October 2013. It's been going on for 3 years each time SMPLt/as LMC either dont turn up or or last year same time did but said because I had made some more payments on my arrears they wouldnt go for possession just liberty to restore. Unfortunaetly lost my job and took 5 months to get a new one, so I am back next week again for a repo hearing. In the last 3 months they have turned down my offers of extra of the arrears as they say my position is not stable, I have 18 years left to pay this supposed mortgage. They wont capitalise my arrears as they are under or are not obliged to change my mortgage T's & C's In my case this is what I have found out. 1. HMLR say that they have my mortgage deed signed by me and witness by my witness and stamped offically by my solicitors dated 25/06/07. They say they dont have to have a copy of my then Mortgage lender signed and dated as proof just the entry dated 23.07.07 and my signature. 2. Have have proof in a document that my mortgage has been pooled/scruntinzed/sold to a third party called now a trustee, within the document it also states my mortgage lender will retain and hold title to my property, the adminstration of my mortgage will be adminstered by Capstone Mortgages now renamed Acenden. 3. Eurosail and Wilmington Trust are the people with interest in my mortgage. 4. I have note that SPML are still trading and are now registered at Union Street London the address of PW&C the bankrupcy adminstrators for Lehman Brothers as SPML when I got my mortgage were owned by them. SPML at Companies house state they own 19 mortgages 17 satisfied 2 remain. 5 Mortgage sold I think October 2007, Acenden just admitted after 2 years of me asking the questions about Eurosail and their involvement. (30th August 2013) 6. Acenden say Eurosail are not taking action against me it's my lender SPML t/as London Mortgage Company registered at High Wycombe (actual address of Acenden) 7. I have added all my charges up since Acenden took over my mortgage excess of £6,000 charges to my account. 8. Eurosail only regualted in the UK at OFT for CCA 1974 possible as they also bought secured loans under £25,000 9. My T's & C's from LMC clearly state my loan is not regulated by CCA 1974. Can you help me prepare my defense for Court or point me in the right direction. Many thanks Alisono

In 2005 took out a secured loan from Welcome for £17K , 12 month later I re-financed this with additional funds bringing the loan to £27k this was done at a branch. The loan paper work says its a secured loan and we signed a separate piece of paper for the secured details. When I've been looking at the paperwork it states the loan was for £27,000 which looks as if we took a completely new loan not re-financed. The credit agreement also states its regulated under the credit consumer act but the amount was for over £25k and this I've been told was not regualted at the time? I now have some arrears and the interest keeps making the arrears amount huge, they keep calling me and have now called at my home without even saying they are coming, they charge £10 per call and £25/£50 per home visit, I have never spoken to them on the phone, they just leave voicemails. I sent them a letter a few months asking them not to call at my home or call me but they have ignored this. How can I take them on and get check if the agreement is correct?

Hi, I never got one, I have gone throug all the mails and I only every had the Hire Agreement original and they had a direct debit signed, my driving licence, a copy of the insurance and a copy of a gas bill for prof of identity. I have looked on their website and cant fnd a rate schedule, everything done via email.

Hi, thank you both for your swift responses this copany is called Equalease from Manchester. I have all email copies of their responses to me. I have cut and pasted as best possible HIRE AGREEMENT Equalease Ltd, The Oasis, Brinell Drive, Irlam, Manchester, M44 5BL Telephone: 0161 775 5657. Fax: 0845 280 4957. e-mail: [email protected] Registered in England No: 5317338, VAT Registration No: 851 8335 18 Document Integrity Verified EchoSign Transaction Number: X26NYK2SXD93QV Terms & Conditions of Hire REGISTERED KEEPER: Equalease Ltd , The Oasis, Brinell Drive, Irlam, Manchester, M44 5BL HIRER: xxxxx We acknowledge your proposal to order a vehicle/s through Equalease. Our terms and conditions of business are set out below. Please ensure that you read and sign the endorsement set out below to enable us to deliver vehicles to you. If you are unhappy with any term or would like clarification please contact us on the telephone number or email address shown above. We have used various terms within this document. The word “you” refers to the customer/ hirer of the vehicle(s) (whether as an individual or as a company) and any employee/driver thereof. The name Equalease is the trading name of Equalease Ltd. The word ‘we’ refers to Equalease. The term ‘vehicle’ refers to the vehicle or vehicles hired under the terms of this Agreement. The term “Agreement” refers to this Hire Agreement. The word “schedule” refers to the “Vehicle Schedule” at the end of this agreement. The vehicle is operated by Equalease and remains their property at all times. Throughout this document words in the singular will include the plural and vice versa unless specified otherwise. This agreement is between the hirer/customer and Equalease and shall be in force for the entirety of the Hire Period as outlined in the Vehicle Hire Schedule at the end of this agreement. ‘BVRLA’ refers to the British Vehicle Rental and Leasing Association which is the recognised association in the industry. PRELIMINARY REQUIREMENTS AND MONIES Before ANY vehicle delivery we require; A satisfactorily completed proposal form Documentary evidence of fully comprehensive insurance. Initial payment as stated in the Schedule attached Satisfactory evidence of status of the customer Confirmed number, size, location and period of vehicle(s) requested Fully completed and signed Direct Debit / Standing Order Mandate Form Invoicing and payment of invoices will be on a calendar month basis. The minimum rental period is as stated in the Schedule attached. There is no option to off-hire the vehicle early. The price quoted in the Schedule attached includes mileage to the figure stated in the said Schedule but any excess mileage over the figure stated will be chargeable after every vehicle exchange and vehicle off-hire, and shown on the final invoice. Excess mileage will be charged at a ‘pence per excess mile’ figure as shown on the attached Schedule. Any miles under the allowance cannot be carried forward or passed onto another vehicle. ALL rentals due under this Agreement must be paid on or by the due date. The initial payment may be paid via a credit or debit card however all future rentals MUST be made via a Direct Debit Mandate. If any rental becomes overdue by more than 7 days we may seek to recover the vehicle and terminate your agreement with immediate effect. A late payment charge of £15 plus vat will be added to your account for any payment that is received more than 7 days late. VEHICLE It is a fundamental term of this Agreement that you maintain fully comprehensive vehicle insurance with a recognised motor insurer at all times. This includes updating your insurance arrangements if an exchange or additional vehicle is supplied. If a vehicle is found to be uninsured (commencing from delivery to collection) we have the right to collect the vehicle forthwith (without refund of any hire charges). ). It is the Hirer’s responsibility to ensure that Equalease has an up to date copy of the valid insurance certificate at all times. If the vehicle is found not to be insured and a prosecution or civil claim results it is your sole responsibility to pay all costs, penalties, claims, damages and expenses incurred including repair of the vehicle, answering to the prosecution and any third party claim. You accept responsibility for the vehicle upon delivery and until Equalease has collected the vehicle. You are responsible throughout the period of hire for all damage, civil claims and road traffic offences arising or occurring from the hire of the vehicle. If we become aware of any damage, parking or other penalties relating to the vehicle during the period of hire we will notify you. You hereby authorise Equalease to deduct any such charges by direct debit / or standing order from your notified account during the following month. It is your responsibility to ensure that any London Congestion Charges are paid. Document Integrity Verified EchoSign Transaction Number: X26NYK2SXD93QV It is your responsibility to keep engine fluids to a reasonable level at all times. It is your responsibility to repair punctures and windscreen/glass damage and to keep the vehicle in good condition at all times. Equalease cannot accept responsibility for any damage or additional costs incurred by careless or reckless driving or general misuse of the vehicle. All damaged or stolen vehicles will remain on hire (and therefore incur a daily hire rate as set out in the Schedule attached) until all damage is repaired or in the event of a total loss, until the insurance claim has been paid in full. You must deliver the vehicle to Equalease authorised servicing garages when required by Equalease. All manufacturers’ regular servicing charges will be met by Equalease. Any additional maintenance or repairs caused by use or misuse of the vehicle will be charged to you. Any dispute will be referred to the BVRLA. The vehicle must not be taken from or leave the United Kingdom without the prior written authority of Equalease. Failure to notify us could invalidate your insurance and may result in your contract being terminated and the vehicle reported as stolen. Should a vehicle be collected and further damage is noted after the vehicle has been repatriated you will be notified within a reasonable time. In the event that the vehicle is damaged during the hire period all repairs must be authorised by Equalease and undertaken only by Equalease authorised repairers. No roof racks, tow bars or other alterations are to be made to the vehicle. Full national breakdown is provided including replacement vehicle. Appropriate breakdown assistance numbers will be given to you at the time of vehicle delivery. Equalease will arrange a courtesy car provided you follow instructions issued by Equalease. OTHER TERMS Equalease reserves the right to off-hire or exchange the vehicle (with an equivalent vehicle) at any time. Vehicles can only be reserved for a particular working day and not a particular time of day. If you require a vehicle for a designated time it is recommended you reserve the car for the day before. We cannot guarantee what time the vehicle will be delivered. If your vehicle is involved in an accident at any time, you must notify us within 48 hours of the event regardless of whether the accident was your fault or the third parties. Failure to notify us may result in the your Agreement being terminated with immediate effect. You must notify us immediately if you change your address or your contact numbers at any time. Failure to do so may result in your agreement being terminated with immediate effect. MILEAGE It is the Hirer’s responsibility to provide Equalease with an up to date mileage reading for their vehicle each month within 48 hours of your monthly payment date. This will be compared against your agreed contracted mileage for the preceding month. Any mileage in excess of the contract mileage will be charged each month at the “in contract” excess mileage figure as shown on your Vehicle Hire Schedule. This amount will be confirmed in writing and payment taken within 14 days via direct debit. At the end of the Agreement, we will assess the total number of excess miles on your vehicle against your allowance (if the Agreement has terminated early for any reason or your vehicle has been exchanged during the contract, the total contracted mileage allowance will be calculated on a pro-rata basis). Any excess mileage outstanding at this stage will be charged at the “out of contract” excess mileage figure as shown on your Vehicle Hire Schedule. Any accumulated over payments made for the excess mileage at the end of the Agreement will be refunded. HIRERS OBLIGATIONS During the Hire Period the Hirer shall: Give immediate notice to Equalease of any damage to or any malfunction or breakdown of the vehicle and shall not, if there is such damage, malfunction or breakdown, continue to use the vehicle, if to do so would or might be reasonably expected to cause further damage or to exacerbate the existing damage, malfunction or breakdown; permit Equalease to carry out any essential servicing or repairs of the vehicle is damaged or develops any fault; not sell, hire or charge, or attempt to sell, hire or charge or permit any encumbrance to exist over the vehicle; not alter the vehicle in any way including removing or altering any identifying mark, number or plate on the vehicle; Document Integrity Verified EchoSign Transaction Number: X26NYK2SXD93QV not, without prior written consent of Equalease, to use, or allow the vehicle to be used for any purpose for which it is not designed or suitable and, but without limitation to the generality of the foregoing, not to use or allow the vehicle to be used:- in any race, rally, test or contest or for driving tuition; to propel or tow any vehicle, trailer or other object unless the vehicle is fitted with an appropriate tow bar at the time of hire; to carry passengers for hire or reward without the written agreement of Equalease; to carry passengers for whom there is not a fixed seat; other than on public roads or private drive-ways; by any person driving when unfit through alcohol or drugs or with blood alcohol concentration above the legally permitted limit; ensure that only drivers and hirers included on the hirer’s insurance policy for this vehicle are permitted to drive the vehicle; ensure that the vehicle is not taken outside Great Britain without the permission of Equalease; ensure that all fluid, oil and water levels are maintained in the vehicle and that the tyres are properly inflated; ensure that when unattended, the vehicle is kept locked and any alarm set, if fitted, is activated and is appropriately protected against adverse weather conditions; not (and shall procure that any additional driver shall not) hold himself out or purport to act as the agent of Equalease for any purpose whatsoever; ensure that no provision of any statute, statutory instrument or regulation relating either to the vehicle or its use is contravened; ensure that no act or omission occurs that might result in liability of the insurer under the insurance policy being avoided; ensure that in all respects proper care is taken of and in the use of the vehicle. END OF CONTRACT ARRANGEMENTS The vehicle must be made available for collection by Equalease at the end of the hire period. All collections are made free of charge unless the vehicle is located more than 50 miles from the office of Equalease shown above. In such circumstances a reasonable collection charge will be added to the final invoice. It is your responsibility to be available to sign the Vehicle Condition Report (VCR) when your vehicle is collected. This report will detail the mileage on the vehicle at collection and will also note any damage to the vehicle. If you are not available to sign the VCR then any damage noted and the collection mileage will be noted in your absence and you will be liable for any resulting charges. Equalease must be notified within 14 days of the due contract end date at the latest if you wish to extend your contract. Equalease have the right to refuse an extension or to exchange the vehicle for a different one of the same make and model. In the event that there is no extension undertaken, then the vehicle must be returned on the contract end date. An inspection of the vehicle will be carried out at the end of the Agreement and will include an interior and exterior check to BVRLA guidelines and an actual mileage report. You must return the vehicle in a good condition commensurate with BVRLA standards as regards age and mileage. Upon collection, the interior of the vehicle must be in the same clean condition as when it was delivered. If you fail to return the vehicle in a good condition and as a result repairs, cleaning or refurbishment is required to put the vehicle into an appropriate condition, you hereby agree to be responsible for such costs. In addition should the vehicle require damage repairs upon collection from you, the hire will have been deemed to continue until the damage repairs have been completed. Equalease will use all reasonable endeavours to ensure that any such repairs are carried out in a timely manner. You will be notified of these costs within a reasonable time of collection of the vehicle from you. Any dispute of the said costs must be notified within 48 hours of said notification. You authorise Equalease to deduct any such end of contract costs from any credit held against your agreement. Any end of contract charges must be paid to Equalease within 7 days of the end of your agreement. If you do not return the vehicle on the due return date and have not obtained formal agreement from Equalease to extend your contract (that agreement not being unreasonably withheld), then Equalease reserve the right to charge a daily rental rate until the vehicle is returned equal to £50 + vat per day. In addition, the vehicle may be reported to the Police as stolen. Document Integrity Verified EchoSign Transaction Number: X26NYK2SXD93QV GOVERNING LAW AND JURISDICTION AND NOTICES This agreement shall be governed by English Law and any disputes arising out of this agreement shall be referred to the nonexclusive jurisdiction of the English Courts. Any notice required or permitted to be given by or under this agreement shall be given by delivering the same or by sending it in a pre-paid envelope by first-class post to the address of the party in question as set out in this agreement and any such notice shall be deemed to be served in the case of personal service at the time of delivery to the party concerned and in any other case 5 days after the time at which it is put in the post and in proving such service it shall be sufficient to prove that the notice was properly addressed and posted. THE HIRER CONFIRMS: I hereby agree with all the above stated terms and conditions, and the details set out in the Vehicle Hire Schedule attached. I accept that if I do not abide by the terms above the additional hire charges and financial penalties stated can be levied by Equalease. I understand that the stated hire charges and penalties do not in any way limit my liability at common law. I confirm that Equalease has the right to cancel this agreement at any time if I fail to perform the obligations set out above, or if any information comes into their possession concerning my ability to pay the hire charges or which gives them reasonable grounds of concern as to the safety of the vehicle. I understand that Equalease has the right to amend or vary any term or condition set out above upon 28 days written notice. SIGNED: SIGNED: PRINT NAME: PRINT NAME: DATE: DATE: POSITION: POSITION: COMPANY / PRIVATE NAME: COMPANY/PRIVATE NAME: ADDRESS: ADDRESS: TO BE COMPLETED BY EQUALEASE: VEHICLE/S APPROVED FOR DELIVERY BY SIGNED: PRINT NAME: DATE: POSITION: Director Document Integrity Verified EchoSign Transaction Number: X26NYK2SXD93QV Clients Name: Contract Date: 11/09/2010 to 10/12/2010 ** + * * Make and Model: ! , - $$% . Registration Number: /0 1(2 Factory Fitted Extras: * Dealer Fitted Extras: * Exterior Colour * Interior Colour * Monthly Rental Service Total Monthly Rental Initial Payment: £621.58 Included £621.58 N/A Maintenance Term Payment Pattern Monthly Mileage Included 3 Months '1,250 Excess Mileage 25p (pence per mile) In Contract Rate 25p Out of Contract Rate 1.00 - ALL FIGURES INCLUDES VAT WHERE APPLICABLE Delivery Address Additional Notes I CONFIRM MY AGREEMENT FOR THIS VEHICLE TO BE SUPPLIED ON THE ABOVE TERMS For and on behalf of: Name (in capitals): Position: Signed: Date: Signed by Equalease Name:: Agreement Number: Position: Signed: Date: Document Integrity Verified EchoSign Transaction Number: X26NYK2SXD93QV ) e-Signed 2010-09-09 09:59AM GMT Waiting for Signature [email protected] Document Integrity Verified EchoSign Transaction Number: X26NYK2SXD93QV

Any help welcomed. I took out a short term car lease last December 2009, it was originally for 3 months and cost an initial payment upfront of £1286 and then £621 per month via direct debit. I had the car up until 17th November 2010 and every three months I was sent via web an e-electronic form to put my initials on. When the car was collected some 2 days later via email and then post I received a bill for excess mileage and 1 weeks extra rental, total £550.00 (2 separate bills) I emailed themcompany and asked a few questions, firstly, I was under the impression that the initial payment was for 1 months rental and a deposit so that when the car was returned it was either refundable or paid for any extra's I was informed tihs was not the case also 1 weeks extra and I explained to them I felt a little greived by this seeing that the tax ran out on the car and it sat in the garage for 7 days till a new disc arrived and I had notified them with no response the month previos, when it arrived they said I shouldn't of worried as if I got any fines the lease company would of paid these. I replied to this saying my insurance would of been invalid if I had been in an accident. The excess mileage was fine but they were charging me 25p per mile and the original contract said 20p, I asked for a copy of the agreement which they delivered electronically and yes it did say 25p not as the first one did, I also noted it had been signed with my name, but certainly not by me a different signature, which I asked them about and they replied that just how the system worked it put your name on it? When I hadnt paid within 5 days they sent me another bill for the mileage at £1.00 per mile a bill of £1800 saying because I hadnt paid them now charging me out of contract rates although the contract date was vaild till 12/12/10 and bill arrived 29th Nov. I rang them and left a message to speak them no one called me back and then promptly on the 23rd dec I received without my knowledge County Court Papers dated 16th Dec claiing the amount of £1900 plus costs. Can anyne help me to reply I filed for an extentsion bt need some help. The agreement is not covered by the Credit consmer act.

Thanks, I 'm going to report them now.

Is this the 1st credit from PO Box Reigate, I have had a very upset lady at my door this morning, I have disputed a credit agreement with them for £762, this was for a payday loan back in 2008, I CCA them and they sent me a credit agreement, I thn disputed it and I havent responded to them since, they have sent a letter to a house down the road with my name on it but with this lady's address, when the lady rang them they said they had done a search and found out I'd lived there. I have never lived at that address, what should I do, she is terrified that a baliff will turn up and I'm fuming and want to understand how this could of happened. Any help really appreciated.

Hi, can someone help me please, My court case has now been allocated to Multi Track and I submitted my case summary last week, I need to submit a standard disclosure list to all parties concerned and any requests for inspection for the disclosed documents need to be requested within 7 days - not sure what this means