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keates

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  1. Please....is anyone on CAG still in the process of fighting Mortgage Express over repossessions, LPA receivership etc? Would appreciate hearing from you on this forum thank you. Joan Keeley
  2. Stitched up but not given up. I have spoken to so many people over the years, some close to suicide, who have had their lives destroyed by banks appointing LPA receivers. It's unjust and immoral
  3. Yes there is but nothing really to worry about I guess as I lost everything at the hands of Kent Reliance Building Society when they appointed LPA Receivers over my buy to let business so nothing left for anyone to take! I lost my business and my home and now have a roof over my head thanks to a charity! A far cry from the five bed house I had not to mention the good lifestyle. I should write a book about what the banks have done to me :0
  4. I was not aware that my ex partner had removed me as a director until some time after it happened. I have now done an SAR on HSBC and received all the documents but I'm still not really sure where I stand. I definitely signed for what I now know to be a managed business loan. I'm able to contact my ex partner but really don't want to discuss this subject with him
  5. Thank you for your reply. I forgot to mention that I signed a personal guarantee along with my ex partner for the overdraft. I believe my ex is probably still paying the loan but I wondered what would happen if he stopped. I definitely signed the managed loan paperwork but I don't know if I gave a personal guarantee. I think your advice about an SAR is a good idea. Can you point me in the direction of information about HSBC Managed Business Loans please? We didn't realise that it was a managed loan when we took it out. It wasn't explained to us in that way and they didn't ask if we had any other way of paying off the overdraft nor did they advise us to get independent advice.
  6. Many years ago, around 1996, I became a director of a LTD company owned by my ex partner. We had an agreed £20k overdraft on our HSBC (originally Midland) business account which ran until around 2011 when HSBC called us in and said that we could no longer have the overdraft and that we would have to transfer the £20k to a Managed Business Loan. I jointly signed the loan with my ex partner. Some time after this and without my knowledge, my ex partner removed me as a director. Please can anyone advise me: 1. Am I responsible for the loan which I believe is still outstanding, even though I'm no longer a director? 2. Can I make a claim for any PPI that may have been paid on the overdraft and managed loan? Thank you
  7. RICS don't award compensation but it might help my case if they upheld my complaint. I think I have a claim against the bank for breach of contract for conferring the power of sale in the first place and the receiver for acting beyond her powers but both the bank and receiver have bled me dry and taken my business, my income and my home so paying for legal advice is out of the equation and that's why I am left trying anything I can think of to take things forward. Just one of thousands of victims of unregulated receivers whose lives have been destroyed!
  8. The injunction was against the LPA Receiver. She had already sold two properties and had been told by my then solicitor that she did not have the power of sale but she ignored the advice and went on to sell three more. By this time, the Land Registry realised that they had made an error in accepting the transfer documents from the receiver for the first two properties so refused the transfer documents on the other three and the bank had to step in and complete the transfers as mortagees in possession but that didn't change the fact that the receiver was the person who had put the properties up for sale and had signed the contracts for the sale. The injunction was obtained after the receiver sold the second batch of three properties so the receiver was not in contempt of court. I can see what you are saying about the fraud side of it but when an LPA Receiver accepts an appointment, the onus is on them to take legal advice to make sure the appointment is valid and that all the powers transferred to them are lawful.
  9. Because under the Law of Property Act 1925, LPA Receivers do not have the power of sale. The power of sale can, however, be conferred to the receiver by the lender if there is an express term in the mortgage deed or any written conditions on which the mortgage deed relies, that states that the lender has the right to confer the power of sale. In my case, there was no such express term and I was granted an injunction in court, preventing the LPA Receivers selling my properties. The reason I complained to RICS is because my LPA Receiver is a member of RICS and is bound by RICS Code of Practice but RICS defended it's Member by saying 'she had done nothing wrong because she had first asked a solicitor'. That is why I asked the question: I had a fraudulent, unlawful act committed against me but when I complained the perpetrator said she had done nothing wrong because a solicitor had told her it was OK. Is this a defence in law please? Does anyone know? There is a Westminster Hall Debate on 18th April on the subject of RICS and the regulation of LPA Receivers as RICS runs an accreditation scheme together with the IPA, for LPA Receivers. LPA Receivers are totally unregulated and this accreditation scheme is one of the only ways, apart from court, that gives those affected a way to complain.
  10. An LPA Receiver sold my property but she did not have the power of sale to do so as it had been conferred on her by my bank in her letter of appointment in breach of my mortgage deed. As she is a RICS member, I complained to RICS but they say that because she took advice from a solicitor prior to the unlawful act, she has done nothing wrong and so RICS will not take action against her.
  11. I had a fraudulent, unlawful act committed against me but when I complained the perpetrator said she had done nothing wrong because a solicitor had told it was OK. Is this a defence in law please? Does anyone know?
  12. There is now an All Party Parliamentary Group (APPG) on Fair Business Banking. I know from the years that I have been on CAG that many have found themselves in dispute with their banks and when it comes to SMEs in this position, there is really nowhere to turn. The FOS is of little or no assistance and the legal route is usually financially impossible. That is where the APPG comes in and is working hard to change things so there is a level playing field. Here is a link to the APPG site http://www.appgbanking.org.uk/ The APPG site tells how you can become involved and it is also currently asking for case studies for the forthcoming inquiry. Here is a link to that: http://us15.campaign-archive2.com/?u=4db7ef3d08358a0aafbe5f312&id=e9e076cf4e My particular case revolves around LPA Receivership which has been discussed extensively on CAG and this is one of the many areas the APPG is looking into. If you require any further information, please contact me through CAG. Thank you, Joan Keeley
  13. I didn't know I could do that. I've had links blocked in the past Regards, Joan
  14. Hi Andy, I totally understand the rules and the reasons for keeping all advice on the open thread and I have no wish to go against that but I'm sure you will appreciate that all I want to do is to help this person if I possibly can and I know that if I send him links to information that would be useful to him at this very difficult time, it would be blocked. This person is in desperate need of help. Kind Regards, Joan Keeley
  15. I can only tell you what I would do based on my experience which is that banks and LPA receivers will not enter into any negotiation. I don't know how much research you have done and I wish I could speak with you but I know that this forum will not publish personal details otherwise I would give you my telephone number and email address but my name is Joan Keeley and my bank is Kent Reliance and if you 'google' those you might find me. I'd love to talk with you. So, if I was in your situation and knowing what I know now, I wouldn't say anything to the bank or the receivers, I would just move into the property and at the same time ask for an emergency hearing at court for an injunction to prevent the LPA receivers selling the property based on the fact that you are resident in the property. When I applied for an emergency hearing, I went to my local County Court early in the day and lodged my application and I was told to wait until a judge was available to hear my application. I went before the judge later that day and he granted me a temporary injunction preventing the LPA receivers selling the property and a bailiff was instructed to take papers to the LPA receivers instructing them to attend court a few days later. In my case, the receivers were attempting to sell the property without the power of sale but in your case , you will be asking for them to be prevented from selling the property because you are living in it. Information about this and other things to do with LPA Receivership is available on the internet if you keep looking. This will only be the start of the process because you won't know what action the bank will then take. I suspect the bank will apply to the court for repossession but that is a much better situation than you are currently and you have the option of applying to the court to sell the property yourself. You really need an experienced solicitor to guide you through this but again, this forum will not allow me to suggest anyone to you. I MUST EMPHASISE THAT ANYTHING I HAVE TOLD YOU IS BASED PURELY ON MY OWN EXPERIENCE AND RESEARCH. I AM NOT A LAWYER AND CANNOT ACCEPT ANY RESPONSIBILITY IF YOU ACT ON ANY INFORMATION I HAVE GIVEN YOU. LPA RECEIVERS ARE TOTALLY UNREGULATED AND BANKS USE THEM TO DO THEIR DIRTY WORK. I HAVE BEEN TOILING FOR NEARLY SEVEN YEARS NOW TO HAVE THE LAW CHANGED AND I HAVE THE SUPPORT OF OTHERS IN A SIMILAR SITUATION AND MPs. I wish I could speak with you and will be happy to do so if you are able to contact me but in the meantime, I wish you good luck and would be very interested to hear how things progress.
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