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applecart last won the day on December 9 2014

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  1. The OP needs to be aware that Cabot have not had an active FCA licence since the 28th February 2015. Link: http://fca-consumer-credit-interim.force.com/CS_RegisterSearchPageNew Apple
  2. I think the OP needs to be aware that Cabot Financial (UK) Ltd have not had a FCA licence since 28th February 2015. Link: http://fca-consumer-credit-interim.force.com/CS_RegisterSearchPageNew Apple
  3. Don't be fobbed off.....SPML and Prefferred should know what the FCA say which assists them with the definition of a regulated mortgage contract... Which borrowers? PERG 4.4.2G 01/07/2005 The condition set out in PERG 4.4.1G (1) limits the range of borrowers to whom the protections of the mortgage regulation regime apply to individuals and trustees. If a company (which is not acting as a trustee) borrows money for the purpose of funding the company's business, and the loan is secured by a mortgage over the company's property, the mortgage contract is not a regulated mortgage
  4. Hi All, Can I just say, as I understand it - Once a suspended possession order is issued, a bank does not have to apply to a Judge to get the warrant issued. Judges do not commit fraud, they are there to stop fraud - it's surely up to us to prove it though. I don't know if this helps you - but I saw the comment below added to the story in the Nottingham Post: Lots of progress is being made by homeowners. Good on those who have supported Tom so far. Not quite sure where harrystotie is coming from though? Courts don't sanction Fraud either! Tom, all you need do is check your bank
  5. Source: http://www.mortgagestrategy.co.uk/news-and-features/sectors/products/products-news/ge-money-home-lending-put-up-for-sale/2020383.article GE Money Home Lending put up for sale 13 April 2015 | By Paul Thomas Tweet inShare 2Print Email Comments (2) Money-Cash-20-Note-Currency-UK-700x450.jpg GE Capital has put its specialist lending subsidiary, GE Money Home Lending, up for sale. In a note to brokers, the firm said it plans to reduce its size and concentrate on its industrial and manufacturing businesses. The note says: “GE Money Home Lending is among the
  6. http://www.bailii.org/ew/cases/EWCA/Civ/2012/1376.html The above is a case where charges were transferred. There is information within that references the LPA 1925 section 136 and at Para 44 it says: "It is important to recall the effect of an assignment of a right whether or not it is a statutory legal assignment. The assignee becomes either the legal or beneficial owner of the thing in action and its benefits. He does not become a party to any contract or deed which contains or gives rise to the right. The assignee will only become a part to the contract (or deed) if
  7. Really??? I should do a bit of swatting up... [link removed] Apple
  8. I've had a look into this firm..... I should take a look at the fact that GE's Auditors resigned here: http://wck2.companieshouse.gov.uk//wcprodorder?ft=1 Whether 'Engage' - thus Pepper (UK) Ltd have actually derived any right to take any of your money is at best 'questionable'. I agree - It makes sense to wait for the 'experts' to come along long before you pay 'Engage' any money whatsoever....OR become an 'expert' yourself.... Apple
  9. SP Thanks for your 'comments' - much appreciated. Apple
  10. SP From the BOS case: 6 Claim for an equitable charge Points of Law It is again necessary to set out a number of points before turning to the facts of the case. Equitable Mortgage A document, which for some defect of form (but which is otherwise valid) fails to take effect as a legal mortgage will (subject to section 2 of the 1989 Act) be a good equitable mortgage. The basis of this is the court's power specifically to perform a contract to create a legal interest in land. See Fisher & Lightwood Law of Mortgage 13th Ed at par 3.6 and the cases cited at footnot
  11. Thanks for your comments SP Crapstone - no problem CitizenB - Thank you. SP In relation to the BOS v Waugh case - A poster on another forum was of the opinion that: "It is like the guy that wrote the about the waugh case on the self realisation site hasn't read the actual case http://www.bailii.org/ew/cases/EWHC/Ch/2014/2117.html" I've commented there to say: Unlike 'shah v shah' - in BOS v Waugh the deed had not been witnessed at all In 'shah' the deed had been witnessed - their claim was that the witness was not present at the time the deed was e
  12. Not at all Crapstone - Not at all! Do you care to comment on the cases posted? Perhaps you followed my alleged 'fanciful' advice - these cases appear to be successful, where I am alleged to have failed. Comment on the cases - not what went before - that's the proposition. Do you find issue with these new cases Crapstone? - Where are they likely to fail consumers? That's what folk want to know - can you assist them?????? Apple
  13. Ben - I know you are passionate about what went before - I'd hoped that perhaps you'd be good enough to share more of your passion and provide comments on the case I posted to do with 'Unilateral contracts'. Particularly, I had hoped you might comment where the judge said: [31] -I would therefore dismiss the appeal. It is not, in these circumstances, necessary to deal with the Bank's alternative case based on its respondent's notice. I should, however, make it clear that I am far from persuaded that the Bank would be entitled to succeed regardless of the effectiveness of its unilater
  14. I've just seen this thread. I kept away from referencing anything to do with the FTT decision on the CaG out of respect for the CaG's decision to close the threads that related to it. However, it would seem the discussion continues - albeit under the guise of a case that recently reared its head (the comments herein do not reflect the end result by the way - for an update see here: http://self-realisation.com/equity/banksterbusters/bos-drops-legal-objection-to-cancellation-of-void-mortgage/) Conscious as I am that those on this thread led us to believe that Banks can rely on the fact
  15. AN UPDATE: The FCA Handbook is the 'Book of Rules' that all UK Banks and Financial Institutions have to abide by. The "FCA" - as many of you will or should know or get to know asap - is the "Financial Conduct Authority" The FCA is the "Regulatory Authority" - As the Authority - they can take action against any Bank/Financial institution that is not abiding by its rules. You will have seen Wonga recently - reprimanded by the FCA for failings - You will have seen 5 Big Banks reprimanded recently for not abiding by the FCA Rules. The FCA has jurisdiction and power to vary
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