Hello All, Belated Happy New Year...still recovering from drowning my sorrows in festive fruit punch. Anyway, this might give us all hope:- http://tpuc.org/forum/viewtopic.php?f=4&t=27307

Hi All, Court date today...did not go as planned - whats so ever. 1. 1st thing out of judges mouth was that we are the trespassers because the set aside request was for the tenants to file - not us. The N244 was the tenants response form and that if we wanted to bring a claim against MX/Templetons for breaches, non disclosure, securitisation, unfair terms ect etc, then we should file a specific claim against that, BUT not as part of the order to evict our tenants. Until a court orders the removal of LPA or lender does it willingly, then they are in charge. 2. So request for set aside of eviction was struct out...and tenants have to fight their own cause. 3. We have decided to file this fresh claim against MX/Templeton as instructed, but this wont be for awhile till we get back the SAR's info and some other docs for further evidence. 4. So we have been flogged and beaten by the system of criminalty and protection of the rich & corrupt. Soon there will be a VICTORY...it must simply lie in wait for now..! Charles out.....(where is the brandy..!!!!!)

Many Thanks to everybody on this forum and those who also additionallly helped via "Private Messages" I have replied to all the PM's, please check ur inboxs. D-Day is fast approaching...and phoned court today to ask why they have not sent official confirmation paperwork of court time/date. They said something eerily strange...."Your N244 form simply means you want a hearing but since LPA are your agent, we deal with them on your behalf, they have the notice to appeaar" We were furious and said the point is we are disputing the LPA's interference in our business and tenants well being. She then said "well just turn up also, your name is on the form." I think she must have been at the xmas brandy too early. f***kin Hell.

Hi Chillinlong, Not sure fully, what you mean when you say ".....I believe it is irrelevant on the basis of PoA because of this term alone in the Ts and Cs." Please can you clarify..thanks.

Hi Chillinlong, Tried to PM you some docs....your inbox says full.

OK! Patrickq1, Bloody good stuff....will be adding said info to my xmas shopping list to ram down the LPA & MX throats at my xmas hearing.

Hi Folk, I have read on here that the "Power of Attorney" should be a separate document attached to the overall mortgage paperwork (Deed & T&C). Again, after sending SARS and using CPR rules of engagement letter, there is no document covering the specific PoA. The only reference to it is in the Terms & Conditions. Is there an actual directive/statute we can rely on in court, to further say:- "look judgy, the paperwork does not have PoA documents, so invalid according to etc etc rules" We have no more money for solicitors..have already used three and one barrister (who was not very helpful) Many thanks all for any clarity.

Hi All, Aftet we sent the CPR Rules of engagement request for info, We got back some paperwork from Templeton's. BUT they have only sent invoices for minor works, no info relating to contracts with other third parties estate agents etc etc. No info on telephone or email messages between them and MX or other third parties. They refered to deed of appointmnet, but I have not seen any paperwork clearly marked DEED of APPOINTMENT. and also no sworn/signed statement from an account manager saying this is how much they collected (as per proper accounting standards). What is the penalty (if any) that can be imposed on them, at the hearing for failing to supply all data.???? PS, Does anyone know the correct term used, at law that gives a solicitor the authority to act for a client. I want them to produce this to validate their standing in the case...is it:- Notice of authority to commence proceedings Or Demand for Declaration

Thanks for update on Carmel....I really do hope she (assumption) contacts you Patrickq1. Because, I have tried sending the judge, in a previous case, the information linked. And she simply asked me to explain it...I said it explains itself (told to **** off). Hence why I want Mrs Cramel as expert authoritative first hand witness to have presented to house of commons. ALSO, the issue with the quote from my previous post " reciever must sell in 12 months.." any expansion on what "rule" that was obtained from.

Oh Yes..!!! Does anyone have any more info, on my old question of how to contact Carmel Butler...(need for Expert Witness - Securisation unfair/monstrous)

Hi All, Patrickq1....in reference to your statement above @ post #1112 wherein you say;- "..the Receiver must act within a twelve month period to sell or otherwise give the properties back" Is the above according to some statute / agreed LPA business procedure. (would like to quote it in court) Because in our case, LPA have been around for 2-years now & MX verbally told us they would return properties if no arrears on account (and there is none) cheers

Good luck...Indeed.! We all hope it is really fruitlful and they are willing to join the side of justice.

Hello, Yes Diddled, there is no reference to "buy to let" in the documents we have and also nothing in what they submitted to court, except the lawyers saying the LPA told them so. I was making reference to the fact that years ago when we first took out the mortgage, I think the offer letter stated buy-to-let, But that is a guess because we don't have that paperwork anymore and they have not produced it either. The issue is something triggered all of us to initially think it was a buy-to-let, BUT when you look now (in clear light of day) it appears that somehing is not quite right with the overal paperwork they are producing. Regards all,

Since the LPA/lawyers already have a possession order (to remove tresspasser.. ie my tenants) would not the letter my tenants got simply be a confirmation/warrant to evict. And also the basis of all this, is that all parties believed the mortgage is a buy-to-let. It was only recently, as I started going through the T&C that the realisation that there is actually very little reference to buy-to-let in the bloody thing (they really are Banksters).

We where told Bailliffs, will be visiting today, but strangely they did not show up....I hope those letters are beginning to sink into their thick heads.

patrickq1, I have sent you a PM.

Hello Chilli, It is the same with us the original offer letter, years ago, says buy-to-let, I believe (still trying to locate) and the lender verbally telling us this also. BUT what the solicitors have submitted, as a statement of case and what they are relying on supposedly, is the T&C and Deed and nowhere does it say buy to let. The Paper work says Quote...... "you must NOT move out of the property" AND in the letter of appointment from MX to Templeton it strangely says this;- "the receivers acknowledge that they shall not take possession of the property (other than as agent of borrower) without the written instructions of the lender." AND diddled, So far I have not seen that term that the "mortgage is regulated" anywhere in paperwork at my disposal but it could be in their booklets and other such things. AND patrick1 I will forward that info to tenant....although to be honest, I think the damage may have already been done. Many thanks all

What to do when tenants are scared..???

All the above is good stuff....will be adding this case law to the list. Thanks...keep it coming, just what the doctor ordered as they say. ps "expressed written consent" any case law on this anyone..????????

Just another interesting thing. The original solicitor that acted for both us and the lender also did a whole bunch of other mortgages in this new build building and it transpires that they have absconded several years ago and the Law Society Body is chasing them for improper conduct on a lot of issues, the practice has been wound down taken over by investigators/administrators etc etc.

Hi Patrickq1 & All, Further to your comments see our response in red type;- 1. CHARLES DID YOU HAVE THE SOLICITOR DRAW UP YOUR DETAILS CONCERNING THE mORTGAGE OR DID THIS SOLICITOR ACT FOR BOTH YOU AND THE LENDER. Solicitor acted for both of Us 2. ITS JUST A THOUGHT AS THIS IS A VERY STRANGE ON, PLUS YOU CANNOT BE EVICTED FROM YOUR OWN HOME UNDER THE MORTGAGE EVEN CONSIDERING IT IS AS FAR AS YOU WERE AWARE A BUY TO LET...BUT TO EVICT YOU THEY WOULD HAVE TO TAKE YOU TO COURT THEY CANNOT BY PASS THIS PROCCESS..WHO IS THE lpa IS THIS TEMPLETONS ? Not Quite....it is my tenants that they are evicting, by claiming that they are trespassers. The LPA (Templeton) has been to court and obtained a possession order for unknown persons. We as legal owners/landlords, have then counter claimed with the N244 to say the LPA are acting beyond their bounds and are not consulting or providing a duty of care etc etc. If they bothed to contact us they would have known there was a lawful tenancy. 3. IF SO WHAT INFORMATION HAVE YOU RECEIVED FROM tEMPLETONS I TAKE IT YOU HAVE SAR THEM AND WHAT INFORMATION HAVE YOU RECEIVED. We've Sar'ed the lender (MX) and told them to remove LPA or else, as far as we are concerned the contract has been rescinded and they are now mortgagees in possession - no response as yet or any information, but this was done recently. We have also sent LPA and their lawyers CPR rules of engagement letter, again awaiting response. 4. ON THE COLLECTION OF RENTALS FROM THE PROPERTY WHAT INFORMATION HAVE THEY SUPPLIED YOU WITH HAVE THEY MADE ANY REPAIR CHARGES THAT YOU DISPUTE SO MANY QUESTIONS ON THIS ONE ? No info supplied yet.

Thanks for PM messages folk...together we will bring down the house of Babylon - figuratively speaking of course.

Hi All...ALSO I wanted to ask Carmel Butler, to appear as special witness, to explain and drive home the securitisation issue to the judges.....does anyone have a contact etc etc etc...????? this would be just one agnle of the many other points.

OK. I have my day in court with the lawyers for the LPA in a few weeks. I am looking for ideas on how to present the case simply and straight forward to the courts. I'm clearly not a solicitor, So I want to draft something I can read out for and on the record, covering the areas of:- -Clarity on who the LPA really work for (if they say me, then they are sacked) -Contract is unilateral and favours lender so unfair and unenforceable - UTTCR) - I want to see all original docs (to verify proof of ownership - is MX still the holder in due course) -Was LPA correctly appointed (did not get inital letter offering me the chance to clear arrears) -Injunction to be party to sale (incase the court says LPA can remain as managers) -No arrears on the account, yet MX wont remove LPA (how to prove rescinsion of contract) Other points of note:- on reading through the T&C that I have, it nowhere states that this is a buy-to-let mortgage. in fact it actually says you will live in the property and ask our permission to rent or sublet. But all along MX have been saying its a buy to let. ALSO the copy of the mortgage deed submitted to court mentions nothing about LPA just the T&C When we argue that we did not give "expressed written consent" for either appointment of LPA or acceptance of T&C - is there a case law that anyone knows of we can use.

Thanks Diddled / Patrickq1, For ongoing info provided....just a quick point. if it's the LPA solicitors that have brought the claim into court, does the CPR letter go to just them or everyone involved -- ie MX, Templeton, & the solicitors.