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mungos mum

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  1. Hi Guys We've had pretty much same reaction, MX have responded to complaint but have not answered complaint, basically they've just passed us back to receivers...& you know how much use they are! Chocolate fireguards all of them!!! A friend of ours started going down the route of putting in complaint with FOS, this was nearly a year ago, FOS are dealing with the complaint but because they are so 'snowed under' with complaints, they just have not allocated anyone to look into it yet. We have been in touch with Office of Fair Trading (as suggested by Caro) but unfortunately they said this is not something they would normally get involved with.
  2. We are having exactly the same problem, tenants tell us that they've paid rent to the LPA (I believe what my tenants tell me over and above what the receivers say) and when the statements come through they show that no payments have been made. Who do you think is holding this money? the LPA or MX? Whoever is holding on to it will probably be earning interest, all be it only a small amount... On a different note does anyone else struggle to get arrears statements out of MX? We've hardly had any this year and do not know what has or hasn't been paid. I have requested them several times but had no joy so far. Mungos mum
  3. Hi How quickly a lender takes to start possesion depends on what type of mortgage you have. Residential mortgages have far more protection than buy to lets which are unregulated. With unregulated mortgages the lender can (& will) take control of the property with NO arrears. There are 1000's of buy to let landlords out there at the moment losing their properties & going bankrupt because the government, who bailed out the lenders, is now putting pressure on the lenders to pay back the money. It doesn't seem to matter that properties are being sold well under value, just as long as some money goes back into the treasurary. This is such a short sighted attitude, if the landlords were allowed to continue managing the properties themselves (which they will do properly as it is their business) & then sell when the market comes back the government will get its money back. As it is now, the properties are being left empty for up to 2 years by LPA receivers, then sold below market value, the landlord (having lost his/hers business) cannot afford to pay the shortfall, they are made bankrupt & they then have to claim benefits. I may be wrong but this does not make good economic sense to me. Sorry for the rant, but this situation makes my blood boil. Mungos mum
  4. Hi chillinlong Your points regarding Walker Singleton are also true of Joden Salata LPA & Templetons LPA. Lying to scare tenants, lying to the landlords, squabbling over repairs, selling properties (well under value) without informing the borrower, not replying to letters requesting information, the list goes on & on. They must have all gone on the same training course... 'How to mis-manage properties in one easy step' and they all appear to have passed with flying colours!!! I do wonder if there are any LPA receivers out there who do not conduct themselves in such an appalling manner, if there are I would love to hear what they have to say. Best wishes from a very slightly bitter & twisted Mungos mum
  5. Hi Scared Tenant What great news, you must be so relieved. It sounds as though you have a good landlord Good luck for the future and I hope everything now runs smoothly for both you and your landlord. We will continue fighting and hope that somebody in power will see the ludicrousy of this situation Mungos mum
  6. Dear ScaredTenant I am so sorry to hear that you have to put up with this sort of treatment from people who are supposed to be acting in a proffesional manner. Our properties are also being (mis) managed by 'countrywide properties' and our tenants have had exactly the same problems as yourself. I don't know how much help this will be but we have a few tenants who are putting up quite a strong fight at the moment. Two tenants who have been with us for a long time (1 for 14 years & the other for nearly 10 years) are refusing to play ball with these cowboys. The family who have been with us for 14 years will only deal with the LPA via letter, they will only show a copy of their AST, refusing to let them have a copy. They have continually stated to the LPA that they will conduct their affairs as they have always done, ie if repairs or maintenance are needed, the tenant gets the materials, does the work (at minimal cost to me) & now instead of sending me the bill he sends it to the LPA. They now pay their rent to the LPA, this was at our request. The tenant who has been with us for nearly 10 years has approached the LPA differently. After having the usual scare tactics used against them, they have asked (in writing) for proof from the LPA of who is now their landlord (they were told verbally that the property had been repossessed, unfortunately this is not in writing) and they have asked the LPA to provide them with details of how much their rent should be, they did give LPA a copy of AST but LPA state that they have misplaced it. They have taken some advice from the charity 'Shelter'. Both of these tenants have stood their ground or challenged the LPA in different ways, this has resulted in the LPA now leaving these particular tenants alone. These guys are the few that have stood firm, most of my other tenants have been bullied so much by the LPA that they have eventually all left and the houses have been empty now for 18 months. Incidentally, if at the end of the day you cannot get your deposit back from your landlord, the LPA have to return it to you. There is another post somewhere on this forum that explains this in detail. I'm sure that other landlords will agree that the very last thing any of us want is for tenants to be treated like this, it is totally unjust. I really do hope that your landlord gets back on his feet again soon and that your life can return to some kind of normality. Wishing you lots of luck Mungo mum xxxxx
  7. Hi Chillin The LPA are still managing (sorry that should read mis-managing) our property at the moment. I agree, the only way forward seems to be that a lot of us get together and fight collectively. Is this something you are working on? Do you know other people who would be willing to join together to form a pressure type group? As you say, we are too small to fight individually but there is strength in numbers Thanks for your kind words of encouragement Mungos mum
  8. Hi Chillinlong I haven't been on the site for ages but have been reading posts with interest. We applied to MX for all our info under data protection act last year, after spining us lots of excuses using durant v's fsa, we finally received a load (I think our poor postman nearly ended up with a hernia from carrying them) of paperwork from MX. We had all the usual stuff but did not receive recordings of telephone calls nor copies of any e mails. When we asked for these, their reply was that we had to give them the dates and times we made the calls for them to retrive the information, unfortunately in a previous life I was a more trusting soul & didn't make notes of dates, times and names of the calls...I soon learnt! I must admit that we then went off in a different direction looking for evidence of MX & their LPA receivers mis management etc (another story for another day!) we will however be returning to MX soon asking for the missing information....That's going to be fun! We also intend to ask the LPAs for all our info, has anyone had any joy getting info from either Jorden Salata LPA or Templetons, who also act as Stephenson Alexander LPA? It would be interesting to know in advance what delaying tactics they will employ. On a slightly different note, have you yet been sent any letters from MX's solicitors, Cobbetts? They are are charming bunch! They send threatening letters demanding that you reply within a set time and then when you do reply, also asking them questions they totally ignore you. Good job I always use recorded delivery when writing to those type of organisations. At least, thanks to forums such as this, we know that we are not alone, I think I would probably given up fighting ages ago if I had thought that I was the only 1 going through this...they say "a problem shared is a problem halved" Many thanks to everyone Mungos mum
  9. Hiya plshelp just a quick reply for now to reasure you that you are not alone & you have not lost your sanity (yet) but MX are probably working on that one! There is very very little info out there regarding the slugs that call themselves LPA receivers, we have been told by our solicitor that LPA's seem to be one step ahead of the game constantly and as they are all run by either solicitors or surveyors they know how far they can push. Someone we know was told by a receiver (Mr Jorden of Jorden Salata LPA) who is also a solicitor, that if he thought that his company or MX were likely to be taken to court by the borrower for mal practice, his company would drop that particular clients properties like a hot potatoe & hand them back to MX to manage. This has yet to be put to the test. The only time we can see that LPA's have had their knuckles rapped by a judge was a case several years ago when a farm was taken to be managed by a receiver and despite being told by the owner that one particular brand of food was financially the most viable, the receiver decided to purchase the most expensive animal feed thus causing the farmer to amass even greater debt. I cannot recall the full outcome but as far as I can recall the receiver had to 'back down'. If there are any receivers out there who are reading these sites it could prove to be very helpful to us mere mortals to have some input from your side. I will try to dig out any more info we have found on LPA's and then post again soon. Keep your chin up! Mungos mum
  10. Hi rosco97 Well done you. Would you mind telling us which lender you are with? They sound far more reasonable than the now government owned clowns we are dealing with. Mortgage Express (MX) told some people we know that they would 'consider' suspending LPA if arrears were paid so they duly paid arrears but LPA were still instructed, also as I have mentioned in a previous post LPA were 'managing' some properties and borrowers were actually ahead with mortgage payments but MX (bless 'em) decided that to safe guard themselves they would instruct LPA to also 'manage' these properties even though there were no arrears and the accounts were in credit. With these particular properties the LPA have again done their usual trick of driving out existing tenants and properties are now empty. As you can imagine we have absolutley NO faith in these scumbags, niether the lenders nor the LPA. Best wishes for the future Mungos mum
  11. Hi Pigland, I've just had a quick look at the link and it does appear to be the same Ray Hugill that I was telling you about. There is a fair amount of information regarding this guy on the web, in one article we read that Ray Hugill wrote early this year, he states that LPA receivers need to start working in a more transparent manner and he will do his upmost to work with borrowers who find themselves facing financial difficulties. I don't know about you but we seem to be collecting an awful lot of information that seems to point to mal-practice by both MX and the various LPA's, trouble is we are at a bit of a loss as to know what to do with all this information. We have appointment early next week with another solicitor so will update you on any news
  12. Hi pigland As you know we have had dealings with Templetons LPA, the other troop of monkeys that MX instructed were Jorden Salata. Templetons have at least replied to some of my requests for information but Jorden Salata (who seem to be as slippery as slug goo) refuse to aknowledge any form of communication. Sorry but we have no knowledge regarding Walker Singleton but have read awful things about them on this forum. We are also having huge problems regarding tenancy deposit scheme, when tenants are vacating properties they are, quite correctly contacting us for the return of their deposit. Trouble is now properties are being ''managed'' by LPA we have no idea of any rental arrears nor do we have any idea of the condition in which they left the property. When we managed our own properties we always did an itemised 'check in and check out' with the tenants. We really do not know what to do about this, some of our tenants had been with us for years, and those that we knew were always honest and 'up front' with us we have managed to find the money to return their deposits, but we can't do this across the board with all the tenants that have now left as we just do not know if there are arrears nor the state of property. So far we have just refered people back to LPA. I will be interested to know how MX respond to your e-mail. We sent them a letter that was along the same lines as yours about 4 months ago, we received a reply about a month later that basically denied any wrong doing by MX and telling us that LPA work for us and we are to deal with LPA direct. I still can't get my head round that logic! We also requested copies of all our files under freedom of information act and sent £10 cheque for each of us. First letter we had back from MX said that we had to send £10 for each account and we were not entitled to all information held on us just because we want it, we were not entitled to info if it was manually filed, nor were we entitled telephone recordings etc etc and they quoted an act which I think was Durant v's FSA stating that according to this act they did not have to supply all the information we wanted. We contacted information commisioner who basically told us this was a lie and Durant v's FSA was an old ruling that is no longer applicable plus we only had to send cheque for £10 per person, not per account. We again wrote to MX explaining this and lo and behold on the 40th day (last day they had legally to supply this info) our poor post man struggled down our path with numerous parcels from MX. This was followed by letter from MX group solicitor still saying that under act of Durant v's FSA we are not entitled to all of the information. We again contacted information commisioner who told us this act no longer applies and we are entitled to ALL our information. We've again written explaining this to their solicitor (you'd think MX would employ a solicitor who had a working knowledge of law!) and are awaiting a reply. We are still wading through all the files they sent but we know there is stuff missing. We will decide later about our next step. I too have written and e-mailed Alistair Darling, I did this about 3 months ago, twice, had no response at all and I've sent same letter to acting PM, Lord Mandy but again had no response. Bless 'em they are probably far too busy taking back handers from those nice bankers to be bothered by small fry such as ourselves. Sorry for the thinly veiled sarcasm. Please do let us know how you get on, it's reassuring to know that other people are also fighting in a similar way. Thanks to this forum at least we now know that we are not alone. Good luck Mungos mum xxx
  13. Hi pigland & nuke em We are having exactly the same problems with mortgage express and lpa receivers as you guys. We tried and tried to work with Mortgage express, we instructed a solicitor (waste of time and money) to go to Bingley to talk to a Mr Ray Hugill, MX's head of credit and fraud (Hugill left MX at Christmas and is now conveniently a company director of Templeton LPA receivers, same company that was instructed by MX to 'manage' our properties) Lpa instructed (in one case for £120) last September, All our properties had tenants paying rent when lpa took over. Lpa have run everything down so we now only have about 20% of the properties let. Of the properties that are let and the rent is being paid to lpa, when we check our statements from MX we find that very, very little has been credited to our accounts. We have confronted MX numerous times about this and each time we are told they will investigate but in the meantime we should contact the lpa ourselves as they work for us, I don't think so! If they had been working for us we wouldn't be in this mess, my dog Mungo could have done a better job. Some friends of ours also have some buy to lets, they had a few problems with a couple of tenants and so accrued a small amount of arrears, lpa receivers were instructed and did their usual trick of frightening off tenants, not collecting rent etc, causing arrears to spiral out of control. Mortgage express then applied their 'all monies charge' across the whole of our friends portfolio and instructed lpa's to ''manage!'' the remaining properties. What made this a lot worse was the fact that on about 6 of the properties, our friends had managed to raise the money and had payed the morgages on these 6 in advance for the next 6 months. Morgage express will not repay the over payment nor release these properties back and again the lpa are frightening away the tenants, they are doing all they can to avoid collecting rent from tenants and are generally running the whole portfolio into the ground. MX and lpa have nearly won, both ourselves and our freinds are nearly at the point of giving up as we can see no way forward at the moment, but then 1 of us gets angry and refuses to let the ba*****ds beat us. Does anyone know of a way that we could fight collectively? maybe try to get other people who are in a similar situation to join in and fight as a large group. As we have all experienced with both MX and lpa, fighting these big companies ( or are we fighting the government or indeed as tax payers maybe we are fighting ourselves!) us as individuals don't seem to be getting anywhere. Any thoughts? Best wishes Mungos mum xxxxx
  14. Sorry meant to say (hope you don't mind me asking) do you have residential mortgage or buy to lets? Our fight & the other people we know all have buy to let mortgages xxx
  15. Hi Deh's How did you get on in court today? We'd be really interested to know as a few of us are just about to start fighting MX again, this time using a QC barrister. Hubby & I have tried fighting MX on our own ( with help of a solicitor ), trouble is we just do not have the finances to continue, & MX were using stalling tactics, denying conversations & basically lying through their teeth etc etc. As we all know, they have in house solicitors (we had been dealing with a Mr Paul Jorden MX's group solicitor) & they have the time & money to just wait until we roll over & play dead. It really does feel as though they are trying to bankrupt us. Anyway as I said it would be great to know how you got on, hope it went well. Best wishes Mungos mum xxx
  16. Hi Guys Yes we are having/have had awful problems with MX. You certainly are not alone we know of at least 30 other people who are struggling to get MX to listen. It seems that since they have been nationalised they have become even worse, probably because most of the staff will eventually be out of work. Hope this helps a little, maybe we could try to draw some strength from each other on this forum and take the fight to MX rather than allowing them to use their 'bully boy' tactics of being a big faceless entity picking on the little guy, sorry for outburst but they do infuriate me with their 'We are right, you are wrong, we are bigger and stronger than you, so we will do whatever we want' Good luck with your fights, please do keep us posted Thanks Mungos mum
  17. Hi sergeant We have also been struggling with Lloyds for well over a year now. We know that we have not signed any agreements of any sort and Lloyds have written to us saying they can find 'no signed or un signed agreements' Our arguement with Lloyds is slightly different to yours in as much as we have refused to sign agreements retrospectivly unless they honour the original verbal contract we had with them, they only supplied half of the promised money required. After many e mails and phone calls, plus several meetings with an area director we realised we were getting nowhere and so contacted FOS. We waited for about 8 months for someone at FOS to look at our case. This week we have finally had a call from a very nice man who informed us there is very little he can do to help. What he can do however is contact Lloyds and ask them to adjust the un authorised borrowing interest we are currently being charged and he can order them to make us an award of £750 max. We are quite capable of negotiating that sort of result for ourselves and we know that Lloyds would be laughing all the way to the bank (excuse the pun) if they were to do this and we were to sign the agreement. So, in our opinion the FOS are a complete waste of space and they have cost us time when we could have taken our fight in a different direction. Sorry if this comes across as a bit bitter and twisted but we are rapidly becoming very jaded. Good luck with your fight and please do keep posting Mungos mum
  18. Hi There Does anyone know if you can claim back unfair charges on buy-to-let mortgages? I know that because they are un-regulated they don't always follow the same rules but we had massive charges from mortgage express (which nearly broke us) and now that we've started to pull ourselves out of the mire we're trying to work out if we can get any of the money back. Thanks MM
  19. Hi PlumberJon Have been following your thread with interest as we have a overdraft/loan with Lloyds with no agreement signed at all, we have been through the Lloyds complaint process and have a complaint registered with the Ombudman at the moment, we get a bank statement every month with the charges growing, we feel that the debt is probably unenforceable but would welcome some feed back. Mungos Mum
  20. Hi Does anyone have any idea (or experience) as to whether LPA receivers have ever been sucessfully challanged regarding their mis-management of properties once they have been instructed by a lender? The only case we can find is that a judge ruled that a receiver, who had taken over management of a pig farm, should not have bought the expensive pig feed but should have continued using the same feed as the farmer had been using. We would really like to hear of other peoples experiences as we are finding them an absolute nightmare and feel that they are doing their upmost to 'break us'. When we've complained to the lender we are told that the receivers are 'our' agents. They seem to be a law unto themselves and answerable to no-one. Thanks Mungos mum
  21. Hi Cas Thanks for the reply, this is our first attempt so it's a bit exciting to get your first reply and to feel your way around the site. We are hopefull that we could be on the winning side this time, Lloyds have been threating to pass the case to their recovery department since November 2008. We have made a formal complaint to them and then to the Ombudsman where it has had to go to a senior level due to the lack of paperwork. No application forms, no agreements signed, no welcome pack, and no banking code paperwork, just lies and promises. We even got to the point of the last 2 meetings we had with Lloyds of recording them (Obviously only for our own use for reference purposes). Still it would be nice to know from someone if we are in the clear or not. Many Thanks Mungos Mum
  22. Hi to all Our story is quite long and complicated but I will do my best to keep it short, outlining basic facts. About 18 months ago we were 'courted' by a Lloyds business development manager to transfer our business banking to Lloyds, in exchange we wanted £100k to see us through our next year’s trading and the finances to purchase and develop a farm we were after. BDM agreed this wouldn't be a problem so we started ball rolling by opening the account, we signed forms (in our own names, trading as.... Not ltd co)and BDM said he would fill in details as he knew what bank wanted to hear. At this point we offered security to back up the loan but was always told that it wasn't required. After using account for few months we asked that the promised loan/overdraft be put into place. £50k was credited to account but we soon realised we were incurring un-authorised borrowing charges. Asked at local branch why this was happening and was told that there were no loan facilities on the account even though by this time we'd used about half of the money. We later approached BDM again to transfer the 2nd £50k to our account because as expected the economy was hitting down turn and as we had planned and requested we needed this 2nd £50k to see the business through this bad time, we again offered to securitise the loan against property. We were told that this wasn't necessary. Nothing happened for while as BDM wasn't available for several weeks. Then area director got in touch to say he had piles of paperwork in front of him that were about us and our business and that it was hell of a of mess. Had meeting with same area director, we complained about the lack of service we had received from Lloyds and the next day we had long e-mail saying how sorry director was to learn we'd been treated by BDM and he would 'pull some strings' to get us back on track and report back to us following Monday. We heard nothing for several weeks and then 'out of the blue' we had call from director asking for us to put security in place for the loan and that in this climate Lloyds do not have appetite for any further lending. I phoned and requested copies of all forms we may have signed to be told that it didn't seem as though any existed. I have also written to Lloyds asking for these copies and am still awaiting reply. We have formalised our complaint, Lloyds replied by saying that they do not believe a BDM would have agreed this funding without requiring security but as gesture of good will if we pay off the £50k then Lloyds will repay the £450 odd taken for un-authorised borrowing and they would give us £250 compensation. Lloyds have gone very quiet and we are beginning to think that because we have not signed any loan or overdraft agreements that maybe they have a problem there end and they cannot enforce anything. Any thoughts please.
  23. Hi 42 Man Thank you for getting back to me and sorry for my delay in replying. Our understanding is that our broker was also a packager for the lender. We have been told that the packager only had a verbal agreement from the lender to package mortgages for them and that they did around about 600 cases with this lender. Having done quite a bit of research on the web etc we believe that unless there was a proper written agreement between packager and lender, then the packager was not allowed to instruct valuers nor were they allowed to conduct credit searches, but they did instruct valuers and they did credit searches all without this agreement. We are in despute with the lender at the moment about the valuations and could really do with some clarity on this point. Many thanks Mungos Mum
  24. Hi to all Our story is quite long and complicated but I will do my best to keep it short, outlining basic facts. About 18 months ago we were 'courted' by a Lloyds business development manager to transfer our business banking to Lloyds, in exchange we wanted £100k to see us through our next year’s trading and the finances to purchase and develop a farm we were after. BDM agreed this wouldn't be a problem so we started ball rolling by opening the account, we signed forms (in our own names, trading as.... Not ltd co)and BDM said he would fill in details as he knew what bank wanted to hear. At this point we offered security to back up the loan but was always told that it wasn't required. After using account for few months we asked that the promised loan/overdraft be put into place. £50k was credited to account but we soon realised we were incurring un-authorised borrowing charges. Asked at local branch why this was happening and was told that there were no loan facilities on the account even though by this time we'd used about half of the money. We later approached BDM again to transfer the 2nd £50k to our account because as expected the economy was hitting down turn and as we had planned and requested we needed this 2nd £50k to see the business through this bad time, we again offered to securitise the loan against property. We were told that this wasn't necessary. Nothing happened for while as BDM wasn't available for several weeks. Then area director got in touch to say he had piles of paperwork in front of him that were about us and our business and that it was hell of a of mess. Had meeting with same area director, we complained about the lack of service we had received from Lloyds and the next day we had long e-mail saying how sorry director was to learn we'd been treated by BDM and he would 'pull some strings' to get us back on track and report back to us following Monday. We heard nothing for several weeks and then 'out of the blue' we had call from director asking for us to put security in place for the loan and that in this climate Lloyds do not have appetite for any further lending. I phoned and requested copies of all forms we may have signed to be told that it didn't seem as though any existed. I have also written to Lloyds asking for these copies and am still awaiting reply. We have formalised our complaint, Lloyds replied by saying that they do not believe a BDM would have agreed this funding without requiring security but as gesture of good will if we pay off the £50k then Lloyds will repay the £450 odd taken for un-authorised borrowing and they would give us £250 compensation. Lloyds have gone very quiet and we are beginning to think that because we have not signed any loan or overdraft agreements that maybe they have a problem there end and they cannot enforce anything. Any advice please Mungos Mum
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