Hey guys, Just quickly read some back posts, to get re-aquainted with some of the new angles of attack. Question to all and sundry:- Since I have already submitted a N244 form and waiting for hearing date. I am a bit confused with the CPR 31.16 thingy....I not only want to see copies of all documents but want them to bring originals to court, to make sure they are the still the holders in due course of anything they plan to sue upon - the supposed mortgage contract. I have seen on previous posts CPR 31.14, then 31.15 and 31.16 don't understand the difference. is there a different template letter for each one (ie patrickq1) No money left for solicitors..so no one to look over finished product and will want to adjust/amend my self and send. Also what errors should one be looking for when comparing the TR4 form (land reg) and the mortage deed.?

Hi All Sorry everybody...I keep appearing and disappearing again. MX - Templeton, have managed to turn me into a poisoned rat dying and coming back to life again (figuratively speaking) I have been putting the things mentioned on this forum straight into practice trying every idea possible. -The FOS is dealing with one issue -Had an appeals hearing for another property using securitisation angle - Denied (judge said she does not undersatnd it) -Notorial/Administrative process (affidavits etc) ongoing -PPI unfair terms method (agent currently assessing account) And now back with Templeton...they sneaked in a possession order for trespass against my tenants, who were away on holiday at the time ( I swear they were spying on the property) So have filed an N244 to have judgement set aside especially as there is not even any areas left on the acccount, and they still owe us about £3000, they paid a large chunk to MX earlier. Hope all is progressing well with everyone...and thanks peeps for assistance. this forum is a god send. there are so many more questions to ask but for now just HELLO AGAIN.

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Hi All, We are in also in the same situation..we have several properties with different lenders and only mortgage express has utilised the receivers. the others go for full possession and the like. Templeton are our monsters and have absconded with over £9000 in tenant payments saying can''t find it, although their agents "countrywide" are sure they paid them all monies collected from tenants. We took back possession of our flat the other day, luckily I live closeby to this particular property and are trying to re-let it ourselves. MX have said they can't get involved, as usual, but have said they will email Templeton as courtesy.

Hi Steve what is a CMC and why does it make your loan unenforceable. I too, I'm with kensington and going to repossession hearings soon. they've added a penalty loading which they've verbally said should be removed from Dec of last year and yet they still have it applied to my account today. If you wanted to get them for unfair terms what would be the best way to go about this...???? Help from all and sundry.

I just recieved a suspended order from the county court, in relation to the GMAC Mortgage. My Question to all, Is it legal and within the courts power to except on the day of the hearing whilst we are actually in the room, a request for a "change of claimant"..??? GMAC up until that day, where the claimant and then out of the blue, their solicitor said to the judge that they've just sold the mortgage on, two days ago and he is also representing the new mortage company. His only proof was a bad fax copy of a "TR4 land registry form" and secondary form requesting the change of claimant, which the judge signed then and there and said "OK" the new possibly fictitious mortgage company has been granted a suspended order. When I asked this solicitor that if the new mortage company is the new owner why havn't we been notified. he then said its nothing to do with him and we should speak to the original solicitor listed on the claim form. then I'm thinking to myself (I thought he said he represented both the old and new mortgage company, so how can he suggest not to know when we will be notified to make the so-called transfer legal in law)

I just recieved a suspended order from the county court, in relation to a GMAC Mortgage. My Question to all, Is it legal and within the courts power to except on the day of the hearing whilst we are actually in the room, a request for a "change of claimant"..??? GMAC up until that day, where the claimant and then out of the blue, their solicitor said to the judge that they've just sold the mortgage on, two days ago and he is also representing the new mortage company. His only proof was a bad fax copy of a "TR4 land registry form" and secondary form requesting the change of claimant, which the judge signed then and there and said "OK" the new possibly fictitious mortgage company has been granted a suspended order. When I asked this solicitor that if the new mortage company is the new owner why havn't we been notified. he then said its nothing to do with him and we should speak to the original solicitor listed on the claim form. then I'm thinking to myself (I thought he said he represented both the old and new mortgage company, so how can he suggest not to know when we will be notified to make the so-called transfer legal in law)

Does Anyone Have To Hand, A Good Solicitor In The London Area, That Would Be Willing To Put Forward The Securitisation Argument, Have Spoken To Four Already And They All Take The Mortgage Lenders Side That There Is Nothing Wrong With The Process...?????

Hi All, regarding my mortgage company Kensington Mortgages and securitisation. I believe I have found my prospectus for the year I bought my house april 2006. via Irish stock Exchange Anyway, my question is:- kensington (originator) sold my mortage to a created company called DACS-22 (buyer) in equitable title only. this company then resold it to an isssuer (the SPV) which operates under the name of RMS-22. But as I read the prospectus, I find that kinsington have inserted additional or new subsidery companies with their name. In essence, they say DACS 22 is a separate but subsidery company under the banner of Kensington, then it resold to the issuer which is a partnership of kensington again and the trustee (Capita Trust) and this trust allows them to keep legal title but should be prepared to appear in court in cases of repossession. So will the securitisation arguement work here....????? Help needed.

Sorry to interject people, I have been posting on another thread, but have now read some of the issues being discussed here, which are very interesting...... "further to my previous post about the SPV and securitisation company for kensington Mortgages... I found this Barclays 2008 research report for All/Most of the UK mortgage companies dealing in securitisation. CLICK HERE OR http://www.europeservicing.com/BARCA...vicing2008.pdf My mortgage company is on the list and alot of others mentioned in this forum. open the document and scroll down to pages 16-19. Can anyone give a full break down on what all this data is..???? Don't fully grasp it, but have a sense that it answers my innitial query.... Will copy and post this request into other Threads aswell (AS IS). Much Thanks"

Hi All, further to my previous post about the SPV and securitisation company for kensington Mortgages... I found this Barclays 2008 research report for All/Most of the UK mortage companies dealing in securitisation. CLICK HERE OR http://www.europeservicing.com/BARCAP-RMBSServicing2008.pdf My mortgage company is on the list and alot of others mentioned in this forum. open the document and scroll down to pages 16-19. Can anyone give a full break down on what all this data is..???? Don't fully grasp it but have a sense that it answers my innitial query.... Will copy and post this request into other Threads aswell (AS IS). Much Thanks

Updates.... Kensington have sent copy of the "mortgage deed" that only has my and the solicitors signature on it....but in another of their documents, i believe its the guide booklet--their version of terms & conditions I suppose, it says roughly that "we deem it that your solicitor is our solicitor unless we get our own solicitor" but my worry is that when I signed the deed, my bastard solicitor did not make any mention that he was acting on behalf of both parties...and even in the place where he signed he is signing as a witness.....IS THAT LEGAL AND ABOVE BOARD Also mercy blue in regard to find who my SPV is for kensington etc etc, I do recall that when I took the mortgage they said do I want them to provide insurance or will I ensure the building myself, as such I ticked myself and insured through Lloyds which has now lapsed. So my next question from your PM is how else can I go about pin pointing who the SPV is....???? I

Thanks all For your responses so far, I will put in the suggested requests for more info from Kensington. Tawnyowl, any luck with that website address....???? Regards

Hello All, I have just recently spoken with the mortgage company asked for copy of original mortgage offer letter detailing interest payments and terms and conditions, they've been stalling on sending this for ages. Does anyone know why....???

Thanks HSBCrusher, I will look into the information posted....!!!

OK - here goes! The company is Kensington Morgages, the normal monthly payments were £970 which was relatively fine, then I changed jobs and moved in with my girlfriend and thus rented out the property. the tenants were students and kept paying late or below the agreed limit...long story short got behind 6 months, mortgage company then put a penalty amount unto my payments for renting out without their consent morgage went to a ridiculous figure of £1470 which made the arrears worse. Anyway, when the fixed 3 year period is over tried to remortgage with a better rate but told bad credit and arrears means I am like the devil and no other company will touch me. Now....! in terms of the statement I made about getting rid of them legally. it is in reference to the growing idea that most mortgages are in themselves illegal and are exactly the same as the credit card fruads and the unlawful nature in which authorities and big organisations trick people into thinking they have to pay tax, tv license, council tax etc etc. the kind of stuff that "JOHN HARRIS" or "Liberty Wealth Club" talk about. Anyone with more info on these kind of radical and innovative ways of fighting the power is what I am looking for. Together we can do it (hope thats not too cheesy)

Hello All, I am new to this site and was recommended by someone via the TPUC site. My Mortgage company are seeking possession and have booked a court date for October 2009. Can anyone give advice on how to avoid going to court and getting rid of the mortgage company legally ie in terms of the various methods where you don't have to pay tax, tv license, etc etc. Hope this is in the right place.....

Hello All, I am new to this site and was recommended by someone via the TPUC site. My Mortgage company are seeking possession and have booked a court date for October 2009. Can anyone give advice on how to avoid going to court and getting rid of the mortgage company legally ie in terms of the various methods where you don't have to pay tax, tv license, etc etc. Hope this is in the right place.....