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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Mortgage Securitisation - Preferred


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the libor rate that capstone will be using will be 2.01% as that was the libor rate on march 1st actually march 2nd as the 1st was a sunday. It wouldn't matter what it was on the 27th feb the rate is reset on a 3monthly basis on the 1st of the month march been one of them. Hope that clears that up.

Having said that not had a letter of crapstone telling me what the new figure is and its the 18th today...

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I was wrong earlier when I said they would use the 2nd because the 1st was a sunday. Its just that when I first looked there was no data for the 1st march in the spreadsheet but having looked there isn't any for the 1st feb or january either. No idea why that would be.

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brassed off they use 1st march to set the rate for the next three months. If you look at the last letter off crapstone it will list the jan-mar payments you get these letters even if you are on a fixed rate and the amounts are not changing

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uneverdid I dont know why you havent had any letters regarding interest rates I always had them every three months even through the fixed rate period.

If your fixed rate is ending in june your new rate will be set by the libor on the 1st june. June will be the last payment on the fixed rate.

the current libor is 1.87% and seems to be dropping slightly each day. 1% on a hundred grand is about £86 in interest so that might give an indication of what you mght be paying come the summer.

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  • 2 weeks later...

"Such rights may include the right of

a Borrower to redeem its Loan and related Collateral Security by repaying his Loan directly to the relevant

Legal Titleholder. These rights may result in the Issuer receiving less monies than anticipated from the Loans."

 

So as spml purport to be the legal titleholder and shows as such does this mean that when I (hopefully!) pay mine off I can pay it to spml direct i.e miss out the spv. Whether or not it would get to them of course I would never know but would be nice to think it didnt

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SPV's certainly DO NOT expect or want the mortgage to go its full term as SS as pointed out on more than one occasion (not sure if this thread however). That is what he/she means by an unfair contract they NEVER had any intention of really giving you a 25year mortgage.

All Securitisations (it would seem) involve a concept called CPR or conditional prepayment rate

http://www.riskglossary.com/link/prepayment.htm

 

Have a look here at some uk cpr's from aug 08

 

http://www.markit.com/information/products/abs/weekly-review-21-aug-08/collateral_performance2.html

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midge that is exactly what the figures I posted above show. In the year the total loans had gone from 735m to just over 4.5 billion yet the balance was just over 4billion so 500m had been paid off in just 1year or a cpr of about 11%.

Now that is for the entire eurosail portfolio what is the cpr for the original 735m.

Furthmore look at the discrepancy between the millions (£) in arrears and the actual losses and tell me than it isn't much much more lucrative to repossess.

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  • 2 weeks later...
However, it is important not to forget that the CPR rates include mortgages, where the borrower and switched to a different product, i.e. a fixed, discount, tracker etc and where the borrower has moved to a new lender, which could have occured through natural choice (more competitve rate).

 

Without an actual breakdown of the cpr rates, the headline figure has is meaningless as we don't know what it is referring to.

 

All the above of course will have been factored in the original expected cpr. The only problem they have now is that it is more beneficial to the borrower (with the current interest rates) not to change their mortgage even if they could which would be highly unlikely in any case.

So the only way to keep the cpr rate up is by repossession. How many posts have been appearing on here complaining of capstone "administration errors" forcing them into (deeper) arrears?

 

 


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sue with regards to your interest rate it exactly illustrates my point you would be much worse off were you to re-mortgage at this time.

Now people with a spml/ge money etc mortgage are finding the same to be the case. Remember these are somewhat more adverse than you are lucky enough to have. The eurosail prospectus I am using has a stabilized interest rate after the end of fixed/discount rates end of 3.15% above libor.

Now to use a libor rate from july 2007 that would mean the average customer paying an interest rate of above 9% pretty much untenable for most people to sustain I would have thought. Hence the need to re-mortgage, sell etc

This is/was the business model employed that the mortgage would be redeemed on or around the end of the fixed/discount rate ended.

Now consider the same average customer they would be paying an interest rate of 4.815% which is likely to be around the original fixed rate the customer was paying hence no desire or need to re-mortgage spv business model out of the window.

Now you also ask the valid question why haven't you been tricked/forced etc into arrears. Well I would say it stands to reason to target the most adverse customers first as they are already paying the most and of course any fees/costs/arrears you can bang on also attract interest at the same high rate. You would also want to factor in the original ltv. Then throw in for good measure the fact that capstone does an experian credit check monthly (common practice in the usa but I aren't even sure of its legality here).

 


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If you look in your terms and conditions there will be a section called transfer of the comany rights or something similar. In there you will find they can transfer it to anybody they want and that you have consented to such (by signing for the mortgage).

Interestingly (on mine at any rate) it also states once the mortgage is sold "the company will be released from furthur obligations to the borrower under the mortgage".

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With regards to the terms and conditions what I quoted came from the booklet of terms and conditions.

Now I know for a fact that my mortgage has been securitized but the terms and conditions haven't changed. What it does mean though is that it is now set in stone, I cannot for negotiate with the "lender" to alter anything which does of course make a mockery of the govt pre-action protocols.

As for the fraud act again from the terms and conditions "the company in its absolute discretion at any time and without notice to the borrower transfer its rights under the loan conditions and/or the mortgage to any person or persons whatsoever" so I think that covers them.

A better path to go down, as me and sue have said before, is the fact that when these mortgages are sold off with the expectation that they all will be paid off within 4-5 years and that in reality there was never any intention to lend you the money for 25 years.

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