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

[mungos mum]

Hi chillinlong

 

I was 1st made aware that a proerty was about to be sold when I received a redemption statement from MEx, I called to ask why they'd sent it & was told that the property was being sold.

 

I found out that the others were up for sale (all with agents local to the properties) when I looked on the web site for Sequence & Fox & Sons.

We have contacted LPA twice now via e-mail & recorded delivery letters asking for details of pending sales, copies of 3 valuations, HIPs reports, insurance details, details of viewings etc....the list goes on.

I don't think any of you will be surprised to know that I haven't had any kind of reply.

I asked dear old MEx what was going on...usual reply, 'we don't know, contact receivers as they are your agents' yeah right!

 

Regarding form n244, I have read through loads of posts both on this forum & in general on the web & it seems as though people have had limited success getting a court to agree to letting the borrower sell when a receiver is in place.

I will pm 'nukum' to see how he got on, but in the meantime does anyone have any personal experience of success or failure in going down this route?

 

Thank you for your support, how are you getting on with your fight?

[Meerkat One]

Evening all

 

I think the idea of all making complaint to FOS would at least highlight there is a problem with Mex & Receivers. However they are funded by the banking industry and I am not entirely sure they are particularly effective. It seems that if a lender/bank throws in an objection on grounds of time etc they back off. Mex are masters of the art of delaying tactics and misleading.

 

Mungo's Mum - am I right in understanding that no notification of sale was received by you from anyone?

Regards

Meerkat One

[mungos mum]

Hi Meerkat One

 

I think everyone making a complaint FOS at around the same time would be a really good idea, at least then FOS may be able to 'join up the dots' and see a picture emerging.

I wonder if we maybe should also all write to our MP's, again I don't expect much to be done but if across the country they were all individually made aware of the situation then our situation may be raised when they are having drinks together in their private watering holes, and there is an election looming!

 

You are correct in your understanding, I received no notification of a sale. All I have ever received is a redemption statement and then yesterday a letter telling me how much I now owe due to the shortfall.

 

I don't know about you but I am pretty sure that much of this has to be airing on the side of illegal, what I don't know is how to go about fighting any of this and good solicitors are just far too expensive at the moment.

 

We could do with some sharp youngster who wants to make a name for themselves on the legal front who will put up a fight and then charge us when the fight is won.

I've spoken to firms who occasionally do 'Pro Bono' work but they are not interested.

[Meerkat One]

Hi Mungo's Mum

That is something I am working on! The trouble with the law firms is they do not want to lose their banking customers. I am sure if you are the legal owner then surely you should have known what was going on? It just makes it all the more underhand.

 

Meerkat One

 

 

 

Meerkat One

[mungos mum]

Hi Meerkat One

 

I agree, as the owner I should be told what is going on. Unfortunately this seems to be normal conduct with both MEx and the receivers.

I am having a row with 'Templetons' LPA at the moment trying to get information out of them as to whether or not they have insured a property. It has been wrecked by water damage from burst pipes during the very cold weather. The ceilings are down, flooring has lifted, the new kitchen is totally destoyed etc. My arguement is that I would have had to have the property insured and I would have claimed under the insurance.

I am begining to think that they did not have insurance (even though in their letter of acceptance of receivership they state they will insure the properties) they are very coy about providing me with the insurance details. I was under the impression that under the terms of the mortgage contract the property had to be insured for the life of the mortgage.

 

On a slightly different note, we believe that we may have something to challenge both MEx and the receivers regarding their contracts. It's not about securitisation. I know it may seem as though I'm being paranoid but I don't really want to go into too much detail here. I have been in touch with Bona who has given me the details of a good contract QC they used a while ago to successfully challenge MEx albeit on a different contract matter.

I'll p.m you with more details later in the week once I've hopefully had a chance to speak with the barrister.

 

Mungos mum x

[caro]

Just received letter from MEx telling me that they have sold one of my properties leaving me with a shortfall of around £60k.

This is the first of quite a few they have up for sale.

As they have emptied the properties of tenants and let them fall into various states of disrepair all are up for much less than I owe.

 

I am still waiting for a reply from the receivers regarding claiming from their insurance as at least 2 of the properties have been totally wrecked by pipes bursting during the cold spell.

 

Caro do you have any idea how we could go about petitioning a judge to put a temporary halt to furture sales? I really do need to buy myself some time before they sell all my properties, leaving me with nothing worth fighting for.

Many thanks

MM x

 

You need to SAR both MEx and WS if you haven't already. If you have and they haven't complied in 40 days then send an LBA informing them you will take them to court for non-compliance and then do that if they still fail. Also complain to the Information Commissioners Office.

 

Phone RICS as a matter of urgency for advice. They have a code of conduct for their members and I hope would want to know about this. Ask them what you should expect of an LPA, and if they can't help you, ask them for contact details of an organisation that can help you.

 

I don't know much about them or how effective they are, but it may be worth looking at the Residential Landlords Association. It does cost money to join them but once you've paid (I think about £70) they have a free advice line, and forums for members which may help you find people with similar experiences.

 

Hi All Have just been catching up. I have a complaint with FOS and mex have tried every trick to stall even claiming my complaint was out of time with FOS (6 months). Have more info so it is ongoing. The Receivers have not stood down whilst complaint going through and it appears everytime I start again with mex they make contact again. You have to ring every day and ask any questions you can. I did a SAR with mex and received half of the info am now pushing for rest. Contact their legal department direct not case managers.

 

FOS will take forever, and it's not unusual for them to take in excess of a year to respond. Phone FOS, and also contact the Office of Fair Trading.

 

While I understand caggers concerns about the site being monitored by those they are fighting, if people do not post openly others cannot help. Those experiencing similar problems will also find themselves in the same situation as you are now. By bringing these issues into the public domain, and getting an understanding of the scale of them (I suspect this is affecting an awful lot of people), there is more chance of fighting these immoral (and quite possibly unlawful) practices so that these companies are forced to change their ways, helping everyone in the long term.

[Meerkat One]

Hi Caro Thanks for that advice. You are right about the FOS. In my case although they are acknowledging there is a case they are allowing MEX to claim the 6 months time limit. It is no coincidence that MEX has now sent me the information I requested over a year ago which proves my complaint. This information proves my case. I will now refer to FSA and OFT.

Regards

Meerkat One

[caro]

Can you explain about the 6 month time limit. Is it because you left it too long before complaining?

[Meerkat One]

Hi Caro After the lender has sent their final response you have six months in which to complain to the FOS. After this time they are unable to investigate the complaint. In my case there were a number of issues and I did not feel that a final response had been given as these were uncovered as I delved deeper. Each time the lender was "investigating" the issues as I uncovered errors. Having thought they genuinely were looking to see if errors had been made I now realise they were not and just playing for time so when I made my complaint to FOS they claimed it was out of the six month time limit. They then sent me all the information I had been requesting for over a year which proved the errors I had been claiming. It was a lesson learned - the rules of fairness do not apply to Banks and they will use any means whether underhand or not.

[caro]

Ah I understand now. Thanks. They usually say 8 weeks or a final response if sooner I think, but as you say, it was a lesson learned. FOS and FSA are made up of bankers so brings into question their impartiality in dealing with complaints, so I don't set great store by either I'm afraid.

[Meerkat One]

I agree. I think it exposes the whole rot in our financial system. In the current financial climate I think there is even less impartiality than there possibly was previously.

[pigland]

Caro and Meerkat,

 

Yep, that's a fair comment!

 

'They are the system, we are the system, they govern the system and the system evolves and self perpetuates'

 

How many times can you send a Subject Access request?,

 

Kind regards,

 

Pigland

[diddled]

I believe there are no limits re the making of subject access requests as long as a reasonable time elapses between each one.

Unfortunately "reasonable time" is not defined.

[Meerkat One]

What I am also interested in learning and I don't know if anyone can help - if there are a number of issues/complaints then when is a final response applicable if some of the complaints have not been addressed or answered?

[mungos mum]

Had a letter from our local council today saying that as a property I own has been sold they will not require payment from me for the council tax!

 

This is the 1st I'd heard of it, I didn't know it was up for sale, let alone sold.

 

Contacted MEx who told me to call receivers...I explained, yet again, that receivers are not responding to my e-mails or letters and that I would not deal with them on the 'phone in case conversations are misinterpreted.

I was told by the person I was dealing with that they could see the information regarding this property on the screen. I asked for a copy of all the info on the screen...oh no I have to do another subject access request and wait for the usual 40 days (if I'm lucky) for them to comply.

I've asked what other proprties he could see on the screen that have been sold....."very sorry" he said "I'll have to get authorisation from someone higher up to divulge that information". I'm afraid to say that by this time I was so cross that I shouted at him saying that it's MY information & then hung up on him. Not a sensible thing to do I know, but I'd just about had enough of listening to the garbage coming out of his mouth.

Still I suppose I'll find out about the next property that's been sold by someone such as our local milkman!

 

Sorry for rant but I am so fed up with dealing with all of these crooks, that I'm getting to the point of just wanting to walk away, let them take everything and then spend the rest of my life on benefits. I really can't see much light at the end of the tunnel at the moment.

 

MM x

[Meerkat One]

I understand how angry you must be feeling. Do you know who the property was sold to? If you haven't received any responses to your SAR either to MEX or Receivers within the 40 days inform the Information Commissioners Office. You should not have to do another SAR - this is mex stalling tactics. Phone lending complaints directly 0844 8921913. Surely in order to sell a property the Lender/Receiver has to apply for repossession to take legal ownership? I am trying to find out the process and any information you can give me would help.

[diddled]

Court orders are not always required if the properties are commercial properties.

If they are un-tenanted I imagine that BTL are in this category as they are regarded as investment properties.

[chillinlong]

Hi all,

 

Sorry Ive not been around in the last few days.

 

Mungos mum, I would contact Police and report damage to them of the proeprty, get a crime reference number and then send a letter to LPA along with a copy to MX and that you expect them deal with their insurers to get the property repaired otherwise you will be holding them liable for all losses incurred on this property. They always say they cannot do anything unless they have this, there is no excuse if this is provided up front.

 

Another way to check if properties are sold is to do a land registry check on each one, costs £4. Is that the sole agent that are selling the properties for MX? and are they selling for market value.

 

When you recieved the letter from the LPA recievers, is there an email address you can report to on there? then this keeps your copies of writing to them requesting info.

 

First thing to do is to complain to MX chief, then they will have to look into what is going on. I never do anything by phone either as I do not trust any of them.

 

Would be interested for your barristers details if he thinks anything of these cases as I will pursue if I can, I approached a few solicitors, but they say it is too much work and that LPA recievers are experts in bringing so many excuses as the law backs them. But I do not agree as their tactics are clearly wrong so I am not giving up and will fight them to the death.

 

Please dont give up and keep trying, as Winston Churchill was it:

 

"Never give in! Never give in! Never, never, never, never - in nothing great or small, large or petty. Never give in, except to convictions of honour and good sense."

 

Meerkat one, are you sure they have provided you with everything for example conversations with LPA recievers etc, if they have not get on the phone to infromation commisioners office and say that you are still waiting for details 6 months later. Then they might start a request with them and then if more paperworks comes along the 6 month rule does not exist as fresh case.

Edited February 23, 2010 by chillinlong
Extra comments

[Meerkat One]

No they did not provide telephone conversations. I am still waiting for MEX to send me any information re receivers - letters, notes invoices relating to my accounts. When they sent the first half then eventually the second half nothing relating to receivers was included. I have been in contact with their legal dept and also sent in all the original letters requesting this info. They are trying to claim I have to submit another SAR but told them it was all part of original and as they sent the other in dribs and drabs they can get on with this. Will get onto them today as they have had time - trying to claim it may be stored in their archives in a form they cannot send! What rubbish!

[chillinlong]

I would write a letter to MX tell them as part of the original SAR request you are still waiting for the telephone conversations etc.

 

Then report to FOS and say that you are still waiting on MX providing info and that you have taken this up with information commisioners office.

[caro]

Ch 69: Law of Property Act Receivers (March 2001)

[doots14]

Hi guys,

Been on Holiday, Sick, made redundant, Sick so had a lot going on suffice to say in the meantime MEX have been busy, After having the eviction notice cancelled they sent me a letter to say that an LPA would be instructed on my property soon ..lo and behold I get a letter from MovewithUs telling me that they've been instructed to manage the property. Now I got their letter on the 10th Feb but I've just spoken to my management agency and they tell me that MovewithUs got in touch with the tenant directly on 1st Feb And when I spoke to Ms C Hull on the 11th of Feb no mention was made that they had been in contact that early. So we now have another group of f*cking turds to add to the mix with S&W and Templetons and they haven't wasted anytime trying to scare off the tenant.

 

I'm on the phone now with MEX trying to find out whats going on (11.20)

I think this is further proof that they have no interest in "helping you manage" I mean the easiest thing to do would be just to tell my management agency to pay them direct but that would too easy and it would mean that I could hang on to my property.

 

But they want the whole thing so that they can sell it and get you of their books.

 

Now They're going to raise a complaint and get back to me within 15days I'll eat my mum's hat if that happens.

 

dOOTS

Edited February 25, 2010 by doots14

[pigland]

Hi Doots,

 

So would you say you've been treated fairly?

 

The banks have just just had their knuckles rapped for treating customers unfairly!

 

Kind regards,

 

PL

[chillinlong]

Hi Doots, sorry to hear about this.

 

I would not speak to them on the phone as nobody has a clue as to what is going on there.

 

Try to write to the chief executive of MX outlining your problems and and that you want an explanation to what they are now doing? If they do not know then you want to know what the LPA recievers are doing, it is their responsibility to find out for you. The problem is they think the hand lies with the LPA reciever once appointed as it protects them from any legal issues, the law backs the LPA reciever very strongly as they can come up with excuses all day long that protects them.

[Meerkat One]

Hi Doots

 

Very sorry to hear your woes. Don't know how much luck you had with MEX yesterday. Don't wait for them to raise a complaint go direct to Lending Complaints 0844 8921913/01274 554093. Otherwise they will continually fob you off with " we are investigating" etc for several weeks whilst they work on your properties. The intimidation does not stop whilst they look into the complaint. The Receiver is obliged to provide info as are MEX. They are both in regular contact and MEX receive reports. I know that WS/Nutrade keep visiting my properties and it is now bordering on harrassment. Their sole aim is to intimidate the tenants so they leave and you know the rest.

 

Regards

 

Meerkat One