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    • Include that in your witness statement along with that letter as an exhibit.
    • Yup, well so far they have lied to me about responding to a CCA,  are threatening me with a default notice that they don't have, produced a knocked up version of my NOA, sent me 29 pages of spew for an agreement. No wonder they pay 5 p in the pound for that crap.
    • Paragraph 2. I think there should be further down and also you should make the point that the payment to was made unilaterally and without the imposition of any conditions. Paragraph 3 – this is unnecessary because you are not claiming as an entitled third-party. This worries me because it makes me feel that you haven't fully read around because this is a paragraph which you would include where you were suing EVRi as a beneficial third party because you had actually made your contract with Packlink or some other broker. I think you need to revisit and do some more reading. I'm afraid I have a sense that you have simply copied this from somebody else's witness statement without understanding that it wasn't necessary. Please can you post the amended draft. Other than the suggestions above, it looks okay – but let's see it again for a further appraisal. In terms of the evidence, parties bundle, I think it might be an idea to start off with the correspondence with EVRi and then go onto the other evidence. You will have to amend the index page accordingly. You could shorten this bit. Take 19 is pretty well blank and you may as well miss it out also, there seems to be some repetition of emails and the email chain. I think will be worth going through and getting rid of duplicates if you can. 49 pages is a bit long and it would be a good idea to try and reduce the number. I have a feeling that 50 pages as the County Court limit anyway. The judge will be happier with you if the bundle is smaller. Maybe you could reduce the size of some of the images or messages et cetera. You have got several messages which straddle onto a second page so that things like sign off information and standard confidentiality information become orphans. A bit of manipulation and they could be joined to their parents I think. Page 31 as an example. So is page 19. You may only be up to shorten the whole thing by 56 pages – but I think it would be a good idea. 56 pages is, after all, 10%. If you can do more then so much the better
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      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.

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


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Pigland, just seen your post about the door being damaged.

 

 

I get my own agents to advertise and rent and then send them copy of tenancy, the best thing about this is they always claim they never recieve this so you will have to email with scanned copies or recorded delivery, maybe because they are so disorganised!

For the repairs I would instruct my own contractor to do the works and then send invoice to WS, but they promise payment within 30 days, it has happaned that it has took more than 10 weeks for payment unfortunately. Then advertise with your own agent. Then the problem is they are so bad at rent collecting you have to keep on top of this yourself to ensure it is clearing the arrears.

 

 

 

If they ask questions I then explain because they are too incompetent to manage this you have decided to intervene before the place is burned down due to them leaving the doors open asking for trouble. This way ensures they are not left vacant for too long because they seriously don't do anything about it, that's why I have took over mine and then let them collect the rents, this way prevent the arrears building too high, I know it is very frustrating. But at least you went and checked and found it secured! They have broken into some of mine and not even bothered to secure the places, sure they done this on purpose to get them vandalised but try and do it in ways without you realising what happened. The worst thing about it is they deny anybody visiting, but when you see that Walker singleton stickers have been left all over the house it really becomes a silly farcical kiddies playground situation.

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Thanks Chillinglong,

 

This door is so smashed in that you can still get in! It's certainly not secure! Apparently, they've now instructed a letting agent! The way they've left it means that no-one in their right mind is going to rent it! It is now apparent this is part of their plan!

 

PL

Edited by pigland

Pigs do Fly!

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27 January 2010

 

Todays letter to Steve Molloy/Malloy

 

Dear Steve,

 

I have spoken to many people about the problems associated with you, so I have been to the property to have a look. The door is smashed in, and a padlock has been put over the door but this is not secure. Can you please inform me what has gone on in this property since your alleged appointment!

 

Please note I hold you personally responsible for any damages, lost of rent, expenses and the further subsequent shortfall to any mortgage accounts associated with myself. In order to keep your costs down would you like me to secure the property and replace the door?

 

Kind regards,

Pigs do Fly!

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I am wondering if you do a SAR, are they supposed to send you all information that has been processed including emails aswell? for example I have emails from them but not in the SAR stuff they sent.

 

I am wondering is it worth sending a SAR to Bradford and Bingley aswell because they seem to have representatives working on these cases and you will not get all of this if you only request of Mortgage express?

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Hi Diddled, hope you are well.

 

WS have not returned anything, have sent final demand today to them as I have found the recorded delivery slip from November!

 

It is MX that have partly complied but missing all the real stuff on the paperworks ie only sent statements and mortgage offers not the actual email conversations on what has happened etc and how they dealt with my complaints etc? I have also sent them a letter requesting further info of all their dealings with the LPA recievers on my properties.

 

Thanks again

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Hi Chillin, I am well thank you, but working in the background ferretting as much information as possible.

Refresh my memory please. Did WS even acknowledge your SAR request, and if so have they cashed your cheque for £10.

You could always just lodge online complaints against them with Information Commissioner.

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Hi again Diddled, as usual WS have not acknowledged and not cashed the cheque. I have sent final demand to them, if not response by 7 days, I will then take them to court for info according to Consumer action guidelines but I shall do as you suggested aswell.

 

Thanks again

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Hi Chillinlong

 

I haven't been on the site for ages but have been reading posts with interest.

 

We applied to MX for all our info under data protection act last year, after spining us lots of excuses using durant v's fsa, we finally received a load (I think our poor postman nearly ended up with a hernia from carrying them) of paperwork from MX.

 

We had all the usual stuff but did not receive recordings of telephone calls nor copies of any e mails.

When we asked for these, their reply was that we had to give them the dates and times we made the calls for them to retrive the information, unfortunately in a previous life I was a more trusting soul & didn't make notes of dates, times and names of the calls...I soon learnt!

 

I must admit that we then went off in a different direction looking for evidence of MX & their LPA receivers mis management etc (another story for another day!) we will however be returning to MX soon asking for the missing information....That's going to be fun!

 

We also intend to ask the LPAs for all our info, has anyone had any joy getting info from either Jorden Salata LPA or Templetons, who also act as Stephenson Alexander LPA? It would be interesting to know in advance what delaying tactics they will employ.

 

On a slightly different note, have you yet been sent any letters from MX's solicitors, Cobbetts? They are are charming bunch! They send threatening letters demanding that you reply within a set time and then when you do reply, also asking them questions they totally ignore you. Good job I always use recorded delivery when writing to those type of organisations.

 

At least, thanks to forums such as this, we know that we are not alone, I think I would probably given up fighting ages ago if I had thought that I was the only 1 going through this...they say "a problem shared is a problem halved"

 

Many thanks to everyone

Mungos mum

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Thanks for your post Mungosmum, I am sorry to hear that you are going through the same situation also.

 

It is a horrible experience especially when they are treating you like a nobody and blaming you for everything yet you have tried your best and it is actually them that are making the situations worser than it was at the beginning.

 

I feel the more of us that joins together we will be able to get a better result as we can then share infromation and resources etc.

 

Did you have the same experience when the LPA Recievers were managing yours?

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Hi Chillin

 

The LPA are still managing (sorry that should read mis-managing) our property at the moment.

I agree, the only way forward seems to be that a lot of us get together and fight collectively. Is this something you are working on? Do you know other people who would be willing to join together to form a pressure type group?

As you say, we are too small to fight individually but there is strength in numbers

Thanks for your kind words of encouragement

 

Mungos mum

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Hi MungosMum,

 

Yes we have got a small group together in the same situation and are encouraging everyone in the same boat to jump on board and gather all the info together and then to eventually look at possibilities of starting a class action against them.

 

How did you get on with gathering all of your info and taking it to them to prove that they have mismanaged them?

 

Thanks

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Warning to all Mex customers!!!

 

Mortgage Express is sending out people to look at 'ways of helping with your portfolio'.......

 

No they're not they! They're gathering information and looking for your weak spot. If they find it they'll put you with an LPA Receiver!

Edited by pigland

Pigs do Fly!

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Hi I have just discovered you all and it has taken some reading to catch up! We too are having problems with Mortgage Express and Walker Singleton. Mortgage Express instructed WS even though we had kept to an unreasonable arrangement. They only gave us a month and then claimed we had not kept arrangement and instructed WS. I refuse to help WS and have complained to FOS re M/Ex. Like Mungo's Mum we did a subject access order and eventually - after nearly a year received half the required docs. A further few months of hassle and we received the other half. Makes interesting reading with wrong dates, conversations etc. etc. Again after a year of asking and M/Ex giving every conceivable excuse we received a disc recording a specific telephone conversation. This is unreadable. Would be happy to share our experience but it would take up so much time to relate here but very similar to all of you. We are very willing to join any group to highlight the appalling tactics of Mortgage Express and Walker Singleton

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Hi Meerkat

I'm not a MEX customer but had major problems with Walker Singleton a few years ago, hence my interest.

If you haven't already sent a SAR to Walker Singleton, may I suggest you do a.s.a.p.

Have you reported MEX 's non-compliance to the Information Commissioner? You can lodge a complaint online if you wish.

 

Unfortunately as UKFI are not required to be FSA authorised, it doesn't appear that MEX are under any obligation to "treat customers fairly".

 

I really think all the MEX victims should lobby their MPs, because after all it is the Treasury who are responsible for UKFI

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Hi Meerkat,

 

Im sorry to hear about this Meerkat one and I hope the situation gets better for you, we now have a few people who have experienced the same problems. Like Diddled says request the SAR etc and try to get as much info you can off these people.

 

We will be doing a collective action to try and address these problems for everyone involved.

 

Please keep an eye out on the posts for further information but it would be good if you can share any info that you think is relevant?

 

Thanks

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Thank you Diddled and Chillinlong for your replies. I haven't done a SAR with WS but will do this. I am still trying to get everything from M/Ex. There are obviously notes, telephone calls they do not want me to see. I have also requested copies of all invoices they are paying WS on my behalf. I will keep you updated.

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Welcome Meerkat One,

 

As you can see there is a problem with MEX and their LPA's. I can see you've had problems with Walker Singleton. Well you're not alone!

 

Keep posting!

 

Kind regards,

 

PL

Edited by pigland

Pigs do Fly!

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Hi Meerkat One,

 

Im sorry to hear about your situation, we are all in the same boat if it helps.

 

they are horrible people to deal with their continous lies and tryug to ruin the situation so that they can make more money out of us.

 

I am sure a year is too long for the SAR information, have you asked for advice from the Information office, they might be able to speed things up.

 

Please keep us updated.

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Hi everyone and thanks for sharing your experiences.

 

I am the ScaredTenant you've been talking about ;-) I agree with what most of you were saying - the way LPA receivers act seems unethical, unfair, and purposefully negligent. In fact the letter from LPA receivers looks so unprofessional and threatening that I initially treated it as a [problem].

 

In my case my family has been renting for 4 years and are perfectly happy with the landlord and the property. LPA threats aside, we have no intention to move. The property is not yet repossessed. The landlord says he is indeed in arrears but will rectify this within weeks. We can't say with any degree of confidence how serious his problems are. He has a portfolio of about 20 properties.

 

LPA receivers are trying to say that stopping all payments to the landord and paying them instead is my only option. Is this really the case? They are effectively demanding me to sign a new contract with them without breaking my old agreement with the landlord and without providing any evidence (such as a court judgement) that the landlord lost control over the property. And they obviously don't ask me whether I'm happy to enter into this new agreement. I'm not!

 

Questions:

 

1) When/what am I legally obliged to respond to?

2) When/if I'm pressured to respond, what delaying tactics can I employ? Perhaps asking them to provide evidence or informing them I am contacting the landord to confirm that allegations are genuine etc.

3) If I ignore the demands, what are the consequences for me?

 

What else can I do? Can I complain to the lender for causing me distress? Would this be helpful?

 

Still can't believe this is legal. (Or is it?) I haven't breached anything and don't want to spend my time figuring out how my landlord gets on with the lender - or not. It shouldn't be my problem!

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Hi Scared tenant,

 

I sympathise with your plight, this whole situation is affecting so many people. Who's the LPA receiver? Can you type in the meat of the letter with personal details and addresses etc removed?

 

The landlord and tenants interests in most cases are symbiotic and it sounds like you've got on with your landlord in the past.

 

The process is designed via the LPA receivers to drive a wedge between you and your landlord, they try and stop you and the landlord from communicating. The reports are that in a lot of cases the LPA receivers don't maintain the property and in lots of formats unsettle the tenants so they eventually leave.

 

Try and work with your landlord to ensure that your best interests and your landlords are protected. Where's your deposit? Have you and the landlord carried out an up to date inventory?

 

The lenders are in trouble and want the mortgages repaid!

If we allow this LPA receiver/Lender practice to continue, no tenant or landlord anywhere will be safe.

 

Who do you trust more; the LPA receiver and the lender (bank), or the landlord?

 

Until the LPA receiver can absolutely prove their appointment is legal who says it is? If the appointment is challenged, it may be that the only way this can be proved is via court action. If a landlord pays the mortgage on time and in full then surely a Judge is more likely to order the property be given back to the landlord and for you to stay?

 

Solidarity is the key!

 

Kind regards,

 

PL

Edited by pigland

Pigs do Fly!

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I am sorry to hear Scared tenant and I hope it resolves soon...

 

What are your rights? All depends on the LPAs actions and what they are allowed to do. If I were you I would say that I want to continue on my existing contract.

 

I would contact the Landlord and see if they are looking to try and take the property back and are they going to use your rent to pay the lender back in order to get the property back of lender, this will give you some considerations of what to look out for in the future. For example is Landlord intention to take back next month, then hold out until he takes over but I would pay the rent to be on the safer side to the Landlord and maybe provide a receipt to the LPA. The LPA like you say they need to prive that they have a right to take over this property to which I doubt is legal.

 

Pigland has raised some good points on his posts with regards to various issues that will crop up at some point.

 

Try and speak to the landlord and see if he can give you any indication as to what his intentions are if you already get on with them.

 

good luck!

Edited by chillinlong
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