Mortgage Express appoint LPA Recievers Walker Singleton to scare tenants off!

[patrickq1]

yes power of attorney is a difficult one but ive just been reading up on the

trustee delegations..

Trustee delegation act 1999 1. The Act came into force on 1 March 2000. Unless stated, all section references relate to that Act.

 

2. Sometimes a trustee (the person who holds legal title) may have a beneficial interest as well (a "beneficial trustee"); in other cases, he may have no beneficial interest (a "bare trustee").

 

3. Where a beneficial trustee grants a Power of Attorney, the donee can carry out even the trustee's trust functions (whether alone or jointly with someone else) unless the Power of Attorney provides otherwise. The trustee is liable for the donee's acts or defaults as if they were his own; again, this is subject to any contrary provision in the Power of Attorney or in the Trust Deed.

 

4. The donee of a Power should therefore make "an appropriate statement" in writing, when doing an act in relation to property or within three months of thereafter, indicating that the Power was granted by a beneficial trustee. This statement is - in favour of a purchaser - conclusive evidence.

 

5. A General Power of Attorney (under section 10 of the Powers of Attorney Act 1971) can operate - subject to any contrary intention in the trust instrument - to allow delegation of trustee functions.

 

6. Section 25 of the Trustee Act 1925 ("the new section 25") is re-written by section 5(1). Any trustee may delegate trustee functions by Power of Attorney, but (before giving it or within seven days thereafter) he must notify each of the other trustees and anyone else who has power to appoint any trustee. The notice must specify the date of the Power, its duration, the donee's name, the reason why the Power is given, and exactly which trusts/powers/discretions are delegated.

 

7. The new section 25(6) revises this trustee form of Power of Attorney. It reads "THIS GENERAL TRUSTEE POWER OF ATTORNEY is made on [date] by [trustee's name/address] as trustee of [trust details]/I appoint [donee's name/address] to be my Attorney [from…..or for a period of …….] in accordance with section 25(5) of the Trustee Act 1925".

 

8. Whereas the general Power of Attorney under section 10 of the 1971 Act can be used only by a beneficial trustee, this revised trustee form is the method by which any trustee can delegate trustee functions. It can be used only when a trustee delegates all trust functions in relation to a single trust to a single Attorney, but the donor need not be a sole trustee.

 

9. By section 6, an Enduring Power of Attorney or a Lasting Power of Attorney can be used to delegate trustee functions under the new section 25.

 

10. Where the donee of a Power of Attorney (other than a trust corporation) acts both as a trustee and as an Attorney for one or more other trustees (or acts as Attorney for two or more trustees), not together with anyone else, that person cannot give a valid receipt for capital money if the usual form A "beneficial tenants in common" restriction applies; there must be two people actually involved in giving the receipt in order to uphold the policy of safeguarding trust money and to restrict the power of an individual to overreach trusts.

__________________

[chillinlong]

It seems arguable about the POA.

 

I am going through the information, it really is difficult to pile the infromation together as WS have sent the information very unclear! There is no time line to events within each proeprty, all the paperworks are mixed up so very hard to gather. MX have only sent mortgage statements and offers so again it is looking at thin air to try and work out all the monies recieved and what monies have been paid out on my behalf.

 

Very demotivating sieving through the paperworks. It is hard to keep to the objective when I start on it as it really is a mess!

 

I am trying to do a factfind on each property but no paperworks on their side and only some emails and invoices, I am trying to piece together the history. especially WS statements are very unreadable as it does not state what monies paid out has been used for and what monies have been recieved.

 

WS and MX are very uncooperative in helping to clear things up which make it even harder. Sorry just had to have a go at them! I am having another go on the paperworks.

[mungos mum]

Hi chillin

 

Keep your 'chin up' & keep ploughing through the paperwork.

I know that it's a bit like trying to wade through treacle but I'm sure that you will soon start to see patterns emerging.

I'll send you a pm & let you know how we found bits

MM x

[patrickq1]

yes what they send is deliberate and designed to confuse you,if you set your self a graphic chart on ms excell you will then be able to corrolate times date and costs quite aesily,the sooner this is done the more you will be able to ask questions,i for one would be making a serious complaint to the ICO and explain that the information you are receiving is very difficult if not immpossible to understand,i would write back to WS and explain to them that if needs be you shall employ a forensic accountant to look at all the data they have supplied to date due to the fact that you are of the opinion that they are overcharging and without explaination...

patrickq1

[chillinlong]

Thanks MM and Patrick for the uplift! think I need external help with the paperwork, its the only I can get it done.

 

ICO sent a reply this week for MX stuff, have returned all the info. Now waiting for the ICO requests for the others such as WS.

[charlesGGG]

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.

[patrickq1]

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.

if i were you i would be in touch with the POLICE FRAUD SQUAD AND ALSO WITH HM TAX INSPECTORATE and explain monies have disasapeared without accounts,beleive me they will have a look at this as 9000 is a lot of monies and accounts must show otherwise it will come under for a start the money laundering act ...

go for it we will help on here were we can

patrickq1

[patrickq1]

Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property - Ministry of Justice

i know this is for home owners but it can be argued that the protocol should be respected to all those who hold a mortgage against a property ,to observe the same rules in fairness...

Edited May 26, 2010 by patrickq1

[chuckyduck]

Hi Patrickq1,

 

You seem to know alot about this.

 

Walker Singleton have now cleared my arrears. Does anyone know how i now get control of my properties back?

 

Regs.

 

CD

[patrickq1]

Have You Signed The Power Of Attorney And In The Presence Of Your Solicitor,the Power Of Attorney Should Be In A Seperate Document ?

[patrickq1]

MX have said they can't get involved, as usual, but have said they will email Templeton as courtesy

I only just noticed this part charles,firstly you need to start the proccess of what i had written above PRE ACTION PROTOCOL and to include ME as your witnesses they will then have to explain the reasons for putting the company into the control of others who have no such aggreement with you neither have you signed any such agreement given overall control of your business,if they have washed their hands of the contract then it has as far as your concerned unlawful reccision of contract now another company has taken control of your business you need to see their contract and terms and conditions so firstly you should SAR both companies asking for all data including e mails phone conversations and all accounts and including account transfers from the other company to them that concern you,you also want to see the tennancey agreement they have established with your tennents and lastly you want to see the insurance details for this property,if this insurance is not adequate then you have a case for removing them and taking over the propertiers on the grounds of breach of contract with mx and the detrimental effect they are subdueing your business they are causing you harm ,so this power of Attorney was not as you envisaged and you feel that you have been cheated out of your property by stealth ....i could go on but i hope you can understand the gist of whats said here ...

patrickq1

[mungos mum]

Hi chuckyducky

 

Welcome to this CAG forum.

As you can see there are quite a few of us struggling with various receivers & lenders.

partrickq really is the person who knows the law around the 1925 LPA & can negotiate his way around the courts etc. I am just an ordinary landlord who has got tangled up in the 'knee jerk' reaction from Mortgage Express & had my properties put with the receivers.

A few things that I would say or ask whilst you are waiting for patrickq to come on board is as follws;

Is your lender Mortgage Express & have you asked them to release the properties back to your control?

MeX are the only ones who can remove the receiver & obviously the receiver will not want to relinquish this control as they are earning a fee from you every month.

Have you been able to see what fees & charges the receiver has added to your accounts? A lot of these fees could be illegal & you may be able to get them removed or at least make the lender understand that the receiver is dishonest thus showing them in a 'bad light'.

Some of the other 'caggers' have just taken back control from the receivers, they've issued tenants with new AST's, collected rent themselves & paid the mortgages directly themselves.

What would worry me with the receiver continuing with rental collection is that if there is now a surplus (which I assume there is as this was how the arrears were repaid) then what excuses will the receivers find to spend the surplus rent?

Receivers are scumbags & cannot be trusted in any shape or form.

I'm sure others will be along soon with more advice.

Good luck

Mungos mum x

[patrickq1]

just trying to put some semblemce into my thoughts at moment not recovered from my fit the other day had to go into hospital for a few hours...

you must put it on the record that the you seriously object to the conduct of ME and WS and regard your losses shall be reclaimed ,you were denied the right to mediation and fairness the power of attorney was an abuse of the spirit of the contract that you thought you had with them and at least you did expect reasonable notice it was not afforded to you by this you mean they sent the mail (presumeably to the properties owned by the landlord thus ensuring that no one would probably take notice of such letter addressed to the Occupier) you have shown unreasonable conduct which is unsupported by consideration, where there is a legal relationship giving rise to rights and duties i should have been lawfully contacted at my lawful address of residence , using alternate dispute resolution methods would i am sure have resolved the problem also please note that Frustration is a basis to discharge a contract when an event occurs that makes the contract impossible to perform, or some event takes place that significantly changes the performance of the contract contemplated when the contract was formed.

The Doctrine of Frustration caters for unforeseen events that dramatically change the obligations for a party to perform a promise under the contract, or renders performance impossible

as such it is The conditions of contract are at the very root or substance of what the parties agreed, that and are so essential to the agreement that the failure to perform or perform improperly by the other party may be considered a substantial failure to perform the contract at all

When Terms are Implied into a Contract

Terms may be implied by the facts of a particular case, which are considered to reflect the parties’ intentions. The general principles are that an implied term must:

not contradict any express term of the contract

be reasonable and equitable

be necessary to give business efficacy to the contract, such that the contract cannot be effective without it

so obvious that it goes without saying,meaning your personal address and

be capable of being clearly expressed

[patrickq1]

agency

1.

An agent is a person who represents another person or company in a legal capacity, such that they are able to bind their principal in a legal relationship provided they act within the scope of their agency. The principal is the proper party to sue or be sued, rather than the agent. Agency agreements need not be in writing.

In order for a person to act as an agent, they must have permission from the principal, however this consent may be implied. A principal is able to ratify a transaction entered into by an agent without authority at their election, and where the principal declines to do so, the agent is liable on the transaction.

Agents may be:

1. universal;
   
2. general; or
   
3. special.
   

Universal Agents are empowered to act for their principal in all matters, and include company directors. General agents act for their principal in specific classes of transactions, such as accountants, solicitors and bankers. Special agents are authorised to deal with a single specific transaction on behalf of their principal.

Del credere agents guarantee payment of transactions gained for the principal in exchange for an additional commission.

Actual authority of the agent to act for the principal exists where there is an express agreement them or the actual authority is implied. It may be a custom that an agent has the power to bind the principal in particular transactions and third parties are generally entitled to rely on this to bind the principal. For instance, a third party may reasonably expect a solicitor involved in negotiations to bind their principal.

Apparent authority arises where representations are made that a person has power to act for the principal when in fact they do not and where an agents power to act for the principal is revoked and third parties are not notified.

Examples of agents have included:

1. auctioneers;
   
2. Estate agents for the vendor, but limited to representations in respect to the value of the property and its value;
   
3. solicitors and barristers;
   
4. partners;
   
5. insurance agents and brokers;
   
6. a dealer in credit transactions.
   

 

Usage: The agency agreement entitled the agent to sell the principal's goods for commission.

 

Related Words: power of attorney

[patrickq1]

sorry to say i will be in hospital tommorrow afternoon for brain scans and out on monday but ive asked ell en to look in and see if she can guide you through what to write fore your CPR 31.16 all going well back monday eve or tuesday,,,

patrickq1

[mungos mum]

Hi patrickq

As always thank you for all the info you keep posting on here, you have such a wealth of knowledge regarding the legal side of this situation.

 

I hope all goes well with your scans at the hospital over the next few days, we'll be thinking of you & keeping our fingers crossed that all is well.

Take care

MM xxx

[marley 1]

hi patrickq first i would like to wish you luck at the hospital and i would imagine all the stress from this isnt helping with your fits i know it use to make my husbands worse .I would also like to add im seeing that man i mentioned previous, today who maybe able to help us all if all goes well i will pm his number to anyone who wants it . I will let you all know how it goes good luck patrickq marley1 xx

[chillinlong]

hi Patrick,

 

I hope the scan goes ok and please take it easy! We really appreaciate all the help but it is not worth risking your health, just chill and we will eventually get there. Let us know how you get on and that you are fighting on!

 

Speak soon.

 

Thanks again

[mungos mum]

Hi patrickq

How are you feeling?

Better I hope

MM x

[chillinlong]

I echo MM thoughts also, hope all is well with you PAtrick.

[patrickq1]

hi all ime not so bad just waiting for results,just got to take things easy,

thanks all

patrickq1

[patrickq1]

DMH Stallard LLP

 

United Kingdom

May 8 2010

 

Commonholds are a relatively new way of holding property and will be attractive to some flat owners who wish to take the ownership and management of the freehold of their block of flats out of a management company. They may also become increasingly common in new developments of community housing and blocks of flats.

To set up a commonhold, a Commonhold Association (CA) (which is a company limited by guarantee) must be set up with a ‘Community Commonhold Statement’ (CCS) which sets out the rights and responsibilities of members. The CA must be registered with the Registrar of Companies. Only leaseholders are allowed to be members of the CA once the development is occupied. The CCS cannot restrict the right of any member to sell or mortgage their property, although there may be restrictions on letting a residential commonhold. Normally the CCS will be created by the developer and can be altered until the first unit is sold. After the first unit is sold, the CCS cannot be altered, so developers will normally reserve their rights in an annexe to the CCS.

A commonhold may only be set up if the land in question is registered land. Once the commonhold is formed, the CA becomes responsible for its management. Although this is normally contracted to property management professionals, the ultimate responsibility lies with the directors of the CA.

Link to Land Registry Guidance on Commonholds

Link to Commonhold and Leasehold Reform Act 2002

[Meerkat One]

Hi Patrikq 1

Am just catching up with everything and sorry to hear you have been in hospital. I do hope results are good.

Regards

Meerkat One

[patrickq1]

yyes i am ok just got to take it real easy for the time being,i am working on some stuff for you all and then you can take it from there ,hope every ones ok on here i did excpect more from the forum to visit this thread ,,

[mungos mum]

Hi patrickq

 

nice to have you back, take it easy and remember rest is best

 

mungos mum