Rocket, it's very strange but my post 68 has also been wiped out. Can't remember what it said, but I am sure that it didn't need to edited, just like yours didn't. If I remember it was about your complaint to the FOS. What was contentious about that? If the mods have been at work, please tell us why.

Ryde, I am heartened by your experience because all I keep getting are letters from the Adjudicator saying that his investigations are continuing. Let's hope that Rocket gets a good hearing from the FOS because she clearly deserves a change of luck and to have some peace of mind. Please let us know how you get on, Rocket. Please look after youself and your son and also, please contact Ell-en as has been suggested here. She is very experienced and will be able to give you a lot of support.

Well done Rocket. Hopefully the FOS will ask that your repo case is postponed until they have done their investigations and come to a conclusion. It can take quite a long time for this to happen -Icomplained to them last July about Barclays and it is still going on. It seems to be looked after by an Adjudicator and if you do not like his decision, you can then ask for the matter to go before an Ombudsman. Hope you feel better soon and this terrible time for you improves.

Hi all We are trying to set up a case against the charges made by another sub prime loan shark and would like to use the charges made by GMAC in comparision to those made by our blood sucker. Can someone post the main charges made by GMAC please? This would help us a lot. Thanks.

Excellent advice Ryde, let's hope Rocket takes it on board and sets about concentrating on her own very difficult defence.

As far as class action is concerned, as I understand it they are not possible in the UK until rule changes are made that allow a judgement to be applicable to number of people. At the moment, a judgement is made for an indivdual. Also, it would require a change in the protocol for the legal profession, because they are not allowed to take their fees from the damages paid to their clients. For a much better explanation go to google and type in class action uk and a link will be shown to The Lawyer magazine in which there is an article about class action in the UK, (tried going directly to the Lawyer site but it does not show article).

Rocket, I had the same problem when I started to get my state pension. and as you are female, you get your state pension when you are 60. This counts as income and before you turned 60, you received no income except pension credit. This then affected the amount of pension credit you were allowed because it is income related. Also, because you have turned 60, you are classed as retired and it is only those people receiving income support that can claim interest up to £200,000. Those of us who are receiving our state pension can lump it as far as the government is concerned. I sometimes think that they would really like to just put us to sleep when we reach retirement age. Its funny that no one in the government has said anything about the mercy killing debate that's going on at the moment!

Wonderboy, you must remember to take your pills. You did promise when they let you out into the care of the community. ITGG. The only reason I can think of for him to post misleading information 30 times is because he is the real Jackal. What is the saying about protesting too much? A perfect example I think.

Sorry about yesterday folks, had a particularly painful injection at the hospital, but does not excuse me rising to the bait by silly remarks posted about me. Great advice, EiE and Crapstone. Did anyone mention the CAB? They have experienced people in this field and can give tremendous help. I know that it can be difficult to get time off work, but as EiE said, it MUST be done if you want to keep your home. They usually have someone at the court who can help you and go into the hearing with you. As far as when the action was started, surely the court have to send a Claim Form for Possession of Property to you with the Grounds for Possesion and Particulars of Possession attached to it which will be dated. All the best!

Never mind, perhaps you'll understand when you get older, (I was going to say grow up, but I know how irritating it is to be patronised). By the way, I do take sugar.

Strange as it may seem,I was a young whippersnapper not so long ago that I can't remember how stupid we were sometimes, even the cleverest of us. One of the most stupid things we did was playing to the gallery by trying to be patronising to an older person because we thought we had just invented wheel only to find that someone had been there before us. We also had so called literary geniuses who fooled everyone because the "intelligencia" thought they they would look out of it if they didn't laud their efforts. Don't think we had anyone who wrote blankety blank 30 times and got a standing ovation from his fans though.

Yes I am taking it personally. Why ask this question out of the blue unless it is to make mischief? How many people do you think have 5 buy-to-let mortgages with Lehmans. Do you honestly think that Ell-En would put that post for all to see? In what way is that meant to help me?

Little Dotty, to ask me about my mortgage is totally irresponsible. Are you really telling me that he does not post complete nonsense most of the time and many of his insults have directed towards me. Tell me how I should think of him.

ITBG If I do, what on earth has it got to do with you? Just mind your own business and for heaven's sake stop posting complete and utter junk. (Apologies to the Wonderboy worshippers but how can you trust the advice given by someone whose main contribution has been insults and utter bilge)

Campari2 God knows what that is all about. Sounds a good idea to have reported it to Information Commissioner's Office. It will be interesting to learn what they have to say.

campari2 SPPL is still going on, how beats us all as they have no directors. Capstone are acting as administrators for them and the SPPL mortgage repayment money seems to be going into SPML's account and then transferred to Eurosail's account daily to be allocated to your SPPL account if your loan is with them. Eurosail own a large number of SPPL and SPML loans. Can you say what stuff is bein blanked out?

Sorry LD but I did not realise that it was meant to be humour, it didn't make me laugh, but I'm more Michael McIntyre than Chubby Brown. Ryde, I don't think I told you what my problem was, all I did was to report what Capstone's Customer Liaison person told me. As the letter is signed for and on behalf of SPPL, I don't think that ITBG's lunatic scenario will ever take place. I am happy with the situation and as long as I pay the arrears contribution and the monthly payment on time, I should be OK. I believe that I am entitled to comment on posts on this thread or does that upset the inner circle of ITBG worshippers.

The question is why do you keep encouraging stupidity? This a serious subject and deserves to be treated that way.

Thanks Ryde, but this isn't rescission is it though. It does not put the situation back to where is was before the contracts existed does it? Clearly, there are people on this thread who seem to believe it is their own personal property. Want to get lots of people watching ANW - just contradict one of wonderboys pearls of wisdom, "..now git yer' ghostly-casper, buckwheat narrow jackal ass back to neverland!" a wonderful example of prize rhetoric.

This is the meaning of recision according to Gillhams, a law firm that specialises in business and commercial disputes: Rescission is a remedy in equity which aims to set aside transactions and perhaps order the payment of money so as to place parties in a dispute in the position they would have been in before any transaction between them had been entered into. Under the laws of England, this equitable remedy is available only when restitutio in integrum is possible. If it is not possible, then the remedy is not available. Restitutio in integrum is the process of putting parties in the position they would have been in, if the transaction in question never took place. Both sides of the transaction must be undone for this to be possible. It is relevant in assessing whether the equitable remedy of rescission is available. For instance, where a mortgage is set aside and money was paid for the mortgage, restitutio in integrum would require setting aside the mortgage and ordering that money paid towards the mortgage is repaid. If property has been transferred to a bona fide purchaser for value without notice and cannot be recovered, then the remedy of rescission will not be available, unless the court is prepared to make an order for pecuniary rescission. This dispensation is only available where the innocent party is not at fault. In essence, a payment is substituted for setting aside a transfer of property. Usage: Restitutio in integrum must be possible for the remedy of rescission to be available to a party to litigation. Where contracts are concerned, the remedy is available where a mistake or misrepresentation was present at formation of the contract, or where undue influence or duress has tainted the formation of the contract. In these cases, consensus ad idem is not present and the law takes the view that no contract could have been entered by the parties as a consequence. The remedy is not available if it is impossible to place the parties in the position they would have been in. Rescission is also used at common law to mean that a party has been relieved of its obligations to perform under a contract. What I cannot makeout from this is who would be bringing a case against who if SPPL went down and from what I can make out from the above, it would be impossible for the parties to be in the position they would have been before the contract. Perhaps someone with a legal bent could explain this to me. As for wondeboy's peculiar slant on the way courts work, all I can say, is that it is a peculiar slant.

Dear me, the same old same old ITBG. True toform, someone disagrees with you and the insults fly. Tell me, please. What happens when we "take the feckers down"? Our mortgages don't magically disappear, someone takes them over and as Capstone say that Eurosail own them anyway, it will be the same again. Same over the top charges, same aggressive repros. Isn't what we really want is for them to play by the rules so there is no danger of their charges putting us in the position of being in arrears so they can take our houses? If I am wrong, please put me right (without the insults, please).

I am as aware as you are about GMAC, but did this come about as a complaint from an individual. I am hoping to get success with the FOS, but not on the question of charges after what the Adjudicator told me. If, however, anyone on this thread has had success with them over charges, then I will certainly go back to them to question the adjudicator's position regarding them. I also know of the court action to which you are refering and that was quite a coup, but you also know from the many postings on this thread about the high handed way individuals have been treated by numerous judges, so I personally would not like to try it without good legal representation (unless,of course, ITBG would like to represent me, I'm sure the judiciary would be highly fecking impressed). Yes, I am a victim, just as you are ITBG, if you weren't you would not be so active on this thread. So what practical measures would you propose, instead of posting your little missive for the 30th time?

I had an interesting conversation last week with the person who has been appointed the adjudicator about a complaint that I have made about another loan company. I brought up the question of charges and he said that it was not their job to look at charges and I then mentioned the GMAC case and he said he was aware of it but it was to do with the FSA,not the FOS. So, not much point complaining to the FOS about charges then. No point complaning to the FSA either because they will just tell you that they don't deal with individual cases and they are quite aware of the SPPL case but won't comment. The OFT have had their case thrown out by the court so are less than interested at the moment. It would seem that the only way to make the case heard about their grossly inflated charges is to take them to court to try to get the court to agree get them repaid. But this has to be done individually and without legal representation, I don't think that a lay person will get anywhere. We know that the courts have no time for arguments concerning the companies act and CH are going their own sweet way, despite having had complaints about SPPL's lack of accounts and lack of directors. I would think that whether or not their auditors have written their opinion on headed note paper or on the back of an envelope would be of little interest to them. So, is this the reason why this thread has been going round and round for so long without a concrete solution having been found?

Ryde I understand what it is you are trying to do, but the difficulties are: - As they say in their letter, Eurosail own the loan and - The agreement we signed allows them to transfer the loan as they see fit. So as they say that the money is correctly applied to my SPPL account, there is very little to be done about it.

I don't know enough about the law to comment on the validity or otherwise of the payments. AllI can say is that I am not brave enough to put my family at risk by not making any payments until I get a valid receipt from SPPL, and I wouldn't advise anyone else to withhold payment either. Perhaps your worry, Ryde is that SPPL willat somepoint try to claimthat they have not received my mortgage payment, but with the letters I have from Capstone explaining why I should pay SPML and the paying-in book they issued to me I would think that they would not get very far with that arguement. Would you advise a different course of action?