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Found 3 results

  1. IF you are an ex-GMAC RFC customer who had your "mortgage" sold and you REALLY want to get your own back on the Cooperative Bank and MAS No.5, here's a way how! Check your GMAC "terms and Conditions", specifically Clause 5 which states; Oh, who give a !!!! what it says, it's NOT LEGALLY ENFORCEABLE! Goto http://www.bailii.org/ew/cases/EWHC/Ch/2014/2117.html then go to section 86. Section 1 of the Power of Attorney act affirms that in order for PoA to be enforceable it MUST be executed as a separate Deed. GMAC didn't care whether their paperwork was in order or not. They SUPPOSED that as long as they got the charge on your property, then they would win. That was THEN, this is NOW and we know now about how they misled people. Now, you need to write to the Land Registry at; Land Registry, Rosebrae Court, Woodside Ferry Approach, Birkenhead, Merseyside CH41 6DU Use form K9 and DEMAND a "RECTIFICATION" of the register to remove the illegal charge from YOUR property or you WILL hold them liable for them having allowed the (ILLEGAL) application of the charge and state that you intend to seek a damages claim against the LR for ALL losses incurred as a result thereof (the LR already know and admit that they have done a lot of this in the past, but they NEED people to write in and have the records put right as they don't know which are genuine charges, very few I'll wager, and which are bogus. Bear in mind you must provide proof such as the claim of purported PoA in your mortgage "Terms and Conditions". Remember, a "lender" can ONLY bring a claim against you for "dispossession" (theft of your property) if the charge is still on the property BUT it is YOUR responsibility, as the property OWNER, to have the incorrect charge removed. Why incorrect? Because GMAC NEVER had LEGAL PoA therefore they NEVER had the legal right to put a charge on your property, this failure oflegal PoA means YOU should have done this, regardless as to whether they had a claim or otherwise. Again the BOS v. Waugh affirms this. Thus when they "sold" your now DEFECTIVE mortgage it went through at least one other company (which was never disclosed or declared its "ownership" of your mortgage) thus GMAC also LIED to you when they told you it was sold to MAS No.5 or whoever. They would have sent you a "Notice of Assignment" this SHOULD, in reality, have come from the intermediary but most likely came from GMAC (who assumed you would never find out the TRUTH) thus the transfer of equitable rights was NEVER perfected, NOR was it legally executed correctly thus MAS No.5 or whoever, NEVER had the rights to demand any funds from you. This means that the "assets" which MAS are claiming, in their submitted accounts, are worth far less than it's liabilities (which are based a load of mortgages with NO ENFORCEABLE SECURITY behind them) but ONLY if YOU act and have the charge rectified (removed). What else does this mean? It means that MAS No.5 are trading in bankruptcy (which is illegal) as they should now be in receivership (Let's see how THEY like it). Why should YOU be held liable for THEIR activities? They should have checked the documentation PRIOR to purchasing these mortgages. It's NOT your fault, but they thought they could make a fast buck and no one would EVER find out and thus they could hold you to a VOID contract!! You CAN argue that you will continue to pay but ONLY if what you have paid them to date is taken off the capital amount (Don't forget the 8% statutory Interest) OR you could just tell them to go paddle a canoe over Niagara Falls and see what happens. If you have already had your house taken by MAS No.5 then you need to seek out a good solicitor and show them this, as you NOW have a claim for damages based on the above (A solicitor should be able to make a case from the above and WILL win if he's any good) this may enable you to get your house back and at the same time, push MAS (Group) and it's parent the Cooperative into a much need collapse. Apparently, according to Law Debenture, who handled the sales of these "mortgages", out of the seven blocks in the tranche Britannia bought, FIVE are now insolvent this means that the insurance has paid out due to less than 80% of the mortgages remaining active (NOT in DEFAULT). Now you can also bet your life that despite having been PAID IN FULL for the remaining active percentage, that the holder of these "paid off mortgages" is STILL demanding payments from the "borrowers". In case your solicitor tells you that the Waugh case is non definitive, tell him that the PUBLISHED version is NOT a true account of the results and that, allegedly, Behrens tried to cover his tracks for making previous void judgements so he suppressed the true outcome to try to hide his mistakes. You should seek out the parties involved (make a donation) to get a truer view of the results. Show these people no mercy. Report ALL such cases to Action Fraud AND file charges against those involved with your local Police for THEFT and demanding money with menaces (threats to steal your house) and MAKE SURE YOU CHASE IT REGULARLY FOR PROGRESS. Above all remember this; FRAUD VITIATES ANY CONTRACT AB INITIO (from the start)!!! GOOD RIDDANCE I say!
  2. I don't know where to start with this one which has been going on since 2008, and has become extremely complicated. Basically I am now with a CAB agency that will lodge a further formal complaint with this bank regarding two defaulted credit card debts. I now have evidence that they misled the financial ombudsman did not disclose information to either my solicitor or the Police regarding the fraud on these two accounts. They did not carry out an internal investigation marked on their computer systems that 'it was not fraud' in the middle of a police investigation, which has left the case open to further disclosure. in January 2010 the Coop placed both accounts into default and issued termination notices. My credit reports show the amounts that were defaulted at this time. On one credit card account two sets of Termination and Default Notices were issued all showing different amounts that increased the debt with a 6 month gap in between. Is this legal? It has now also come to light that since CAB have taken on my case (april this year) one of the credit card amounts is no longer on the online banking, the other has doubled without my knowledge. I have received no statements since the termination notices on both. Yet both defaults are on my credit report with amounts the same as the first default notices. On looking at the online statements the remaining card, has been charged overlimit/late payments charges and interest on cash/merchanise since April. Are banks able to levy these charges after default and termination? Without advising me? Are they also able to combine two defaulted debts into one without telling me and not reflecting this in my credit report? Any information regarding this would be greatly appreciated, as it's worrying me sick.
  3. Long story short... business suffered when clients went out of business owing me lots of money - so incurred massive debts. Coop Bank are due approx £11K (they keep adding default sums and interest, despite being a DMP for a bit and also me writing to them asking to stop this). I entered into a DMP with SOLACE, made 2-3 payments, then discovered they went out of business and payments to card companies were not being made. I wrote to Coop and others to tell them this and started paying £40 to each of them - totally more than I could afford, to be honest, and also not pro rata. Eventually stopped paying Coop in November - angry at them not freezing interest and adding to the debt with fees. Coop wrote to me in December and offered 50% settlements. I ignored their letter and all calls. They have now written a letter (attached) threatening a bankruptcy petition - stating my house is worth a certain amount and that there is no mortgage on it!! In actual fact, the property is worth less than the mortgage on it, I think. Personally, I think they are playing hard ball, in order to get me to communicate with them. Haven't lenders been warned about unnecessary bankruptcy petitions where it can be avoided etc...?coop-letter-1_2_11.pdf Can someone please help with some good advice...?
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