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


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Hi Tarquin,

 

Sorry I seen your message late, my experience with MX is that they will appoint LPA on all of the properties in arrears of 3 months or more. I would ring one of the call centres and suggest the scenarios to them hypothetically and you can get them to tell you what they would do.

 

Hi Patrick and Marley,

 

They actually send agents to the property and specifically state to the tenants "Landlord has not been paying the mortgage therefore we are here to find out what is in the houses". This is a data protection issue they are doing here, I have actual proof of this but no news again from information commisioners office etc. Also, they would put everything into recievership if it is 3 months or more in arrears, they would not hesitate by slowyl putting them into LPA. They want them in there ASAP.

 

Marley1 I agree we need to bring them down quick hence the reason I have been trying to get a meeting together of everyone to discuss the issues and then to collate and make action more effective along the means of a class action.

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PROFESSIONAL NEGLIGENCE PRE-ACTION PROTOCOL THIS PROTOCOL MERGES THE TWO PROTOCOLS PREVIOUSLY PRODUCED BY THE SOLICITORS INDEMNITY FUND (SIF) AND CLAIMS AGAINST PROFESSIONALS (CAP)

first actions against WS is a must follow the rules here i have asked VJ for some help on here as he knows how to write up the cpr rules of engagement none of you can afford to leave this situation to get any worse than what it already is, also VJ may have a good contact for legal representation but just wait till he comes on here ,because a class action would be in your intrests to bring this to a head instead of living on your wits and having to put up with all this worry

patrickq1

see here for pre action

against WS PROFESSIONAL NEGLIGENCE PRE-ACTION PROTOCOL THIS PROTOCOL MERGES THE TWO PROTOCOLS PREVIOUSLY PRODUCED BY THE SOLICITORS INDEMNITY FUND (SIF) AND CLAIMS AGAINST PROFESSIONALS (CAP) - Ministry of Justice

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They actually send agents to the property and specifically state to the tenants "Landlord has not been paying the mortgage therefore we are here to find out what is in the houses". This is a data protection issue they are doing here, I have actual proof of this but no news again from information commisioners office etc. Also, they would put everything into recievership if it is 3 months or more in arrears, they would not hesitate by slowyl putting them into LPA. They want them in there ASAP.

 

i hope you have written witness statements concerning this as this will create more than just a simple problem it will cause them big problems with regards to damages and recovery of rents as well seeing as they took responsibility for this i geuss nutrade were involved in this >?

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yes you need these statements , also if possible SAR to nutrade find out who were the staff involved in the investigations

then when and if this information becomes available start immediately on the pre action protocol against WS and MEX this has to happen soon otherwise they are just picking you off like flies so sooner now rather than later, i can envisage them going for everything unless its stopped dead in its tracks once and for all,i am sure with negotiations of a couple of months most of the arears could be brought under control but with WS they are making this an impossible task

patrickq1

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Marley 1

When did you SAR WS? They have 40 days to reply. You must also SAR MEX. There will be details of exit strategy etc between WS and MEX. Difficult to see how you will be breaking the law if you try and sort out your own properties. Remember these are still legally your properties - WS are legally acting in your interests and if they are not they take the situation in hand. They should also be keeping you up to date with their activities.

Have you received any invoices from WS? If not demand detailed invoices. Then you will be able to check what they claim to be doing and what they are really doing - which I imagine is nothing.

We continued to let our properties and ensured tenants paid rent. You are still responsible for the mortgages etc. WS basically just send threatening letters to tenants with the aim of either frightening them off so they can seize properties - difficult to understand given that they should be ensuring rent and properties are maintained if it is feasible. In the current property market unless an property is unlettable then lpa receivers have legal duty to let. WS hardly ever visit a property and it is amazing how they make their decisions. Nutrade usually compile reports - several in our case all within a short space of time, all with incorrect information etc. I challenged these.

When were lpa receivers instructed?

With regard to Data Protection you would need written evidence of a breach. Information Commisioner will not consider verbal breaches - even with witness evidence. If the data gather/handler chooses to lie and deny giving any data to 3rd party - which most of them do - then ICO give benefit of doubt to data handler. They are pretty toothless really given that most breaches are verbal. Record all telephone conversations if possible I suggest written communication.

I would be interested if you could tell me who signed the letter of appointment. PM me if possible.

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Hi Tarquin999

Have you got tenants in the properties now? Can I suggest you SAR MEX. This will give you an indication of whether they have started doing their homework re lpa's. In many cases they seek reports some months prior to appointing. If you are on your second chance then it would be worth seeing what their plans are.

If you can keep the payments up you will save yourself all these terrible scenarios - and lpa's are truly terrible. They have no interest in assisting you.

MEX are not landlords and most never have been - they do not really understand the market. Ask your Case Manager about LHA, tenancy agreements, court proceedures etc in dealing with tenants and properties - most likely they will not have a clue. You are best to go with your own instincts and keep a tenant in the property even at a lower rent.

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Thanks Meerkat One.

 

We do have quite a few new voids now (voided during July) - because our MX portfolio manager bullied us into doing this. He's the type of person who "knows everything" - and if you challenge him he starts to throw the book at you!

 

There's absolutely no prospect of getting "normal" tenants in - as most of the outgoing tenants trashed the places. My only long-shot is to try to find tradesmen who want a cheap place to live. I won't get much rent, but at least it might bring the properties back to life. Back to square one - perhaps a nice demonstration to MX.

 

I'm pleased to report that yesterday MX gave us the second chance we needed. It was helped by the fact that the portfolio overall is now cashflowing positively, and the main reason we couldn't pay on the date specified was because of the actual timing of receipts (we have no cash buffer yet).

 

SAR request on MX... yes, in principle I would like to do this. However, I am concerned that, whilst they are being "helpful" it might put their noses out of joint and change their view.

 

Agreed... I do *not* wish to enjoy the LPA Receivers. I can see you guys reeling from it. What I don't understand is why, if the LPA Receivers have duty of care to the landlord, we don't have a clear-cut "responsbile person" to prosecute. Surely the 1925 Act itself must be challenged if it does not require a responsible person?

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We do have quite a few new voids now (voided during July) - because our MX portfolio manager bullied us into doing this. He's the type of person who "knows everything" - and if you challenge him he starts to throw the book at you!

 

then you throw a bigger book back start with your sar no good being nice and dont want to make waves they have already begun the proccess,it could quite simply have been dealt with on a phone conversation..so all future contact with MEX from now on must be in writing to your office address only and not the tennent address like they usually do,

 

Subject access requestlink3.gif request on MX... yes, in principle I would like to do this. However, I am concerned that, whilst they are being "helpful" it might put their noses out of joint and change their view

 

dont worry about sending the SAR this is your right and you are protecting your rights,the LPA is appointed by MEX to work for and on behalf of MEX,if the situation is they work for you then MAKE THEM SIGN A CONTRACT THAT THEY WORK SOLELY FOR YOU AND ALL REPORTING IS DONE ON A WEEKLY BASIS ON ALL PROPERTIES ,if they refuse to sign then ask yourself this, i did not appoint them so i shall not have them within my properties end off

patrickq1

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Labour planned to regulate lettings agents but new Housing Minister Grant Shapp has rejected the idea, however, a middle ground needs to be found, says Sebastian O'Kelly

 

 

Letting agents: New regulation needed

THE BUY-TO-LET-TEST It's vital to ensure your property can be a sound investment.

- Buy-to-let test

HOUSE PRICES See the latest news and analysis on the property market:

>> House prices

>> Prices near you?

MORTGAGE TABLES Get a quick glance of the best rates with our mortgage tables:

- Mortgage rates

Readers may recall the appalling case we reported last month of Zimbabwean fraudster Rose Chimuka - the tenant from hell - who operates in South London.

Her [problem] is renting out houses, transforming them into bedsits and sub-letting them to numerous tenants from whom she extracted large amounts of cash.

By the time ex-pats and amateur landlords had gone through the process of reclaiming their houses, they were tens of thousands of pounds out of pocket in missing rent and damages - in one case £86,000.

Victims of the [problem] are blaming the various letting agencies involved for failing to carry out proper checks.

 

The Labour Government was planning to regulate lettings agents, but last week the Tory Housing Minister Grant Shapp rejected the idea on the grounds that half of them belong to various redress schemes.

'Regulation would burden the good letting agents with unnecessary red tape and would not be the most effective way to tackle poor performance,' said a ministry spokesman.

'Instead, we would urge anybody using a letting agent to ensure they belong to accreditation schemes such as the National Approved Letting Scheme or those run by the Association of Residential Letting Agents or the Royal Institution of Chartered Surveyors.'

This is exactly the line adopted by successive governments to estate agents selling property, which delayed a compulsory redress scheme for 20 years. Yet letting agents have nearly as much potential to wreak havoc on family finances by not really caring that much who they rent your house out to.

'This move risks seriously hampering the improvement of standards in the private rented sector, the sector's reputation, and the fundamental role it plays in the wider housing market as well as failing to protect the consumer who has nowhere to go when there is service failure or fraud,' says the Association of Residential Lettings Agents.

One homeowner who recently did obtain redress - £100 - is Gary Minkin, 46, a financial adviser from Brookmans Park, Hertfordshire. He and his now ex-wife were trying to sell their £1.2 million house through an estate agent. With no sale in the offing, the estate agent accepted an instruction from Mrs Minkin to rent it out instead.

Mr Minkin felt he was locked out of his home and complained to the Property Ombudsman, who examined the case in commendable detail, giving a 2,500-word assessment before making the £100 award.

'It's a derisory amount of money, but at least it shows that what the estate agents did was wrong,' says Mr Minkin.

Half the cases considered by the Property Ombudsman, who has powers to make awards up to £25,000, concern lettings.

'We are very disappointed that letting agents are not to be regulated,' said a spokesman, who estimates that there are 8,500 effective letting agents in the country. 'But many more are small-scale, operating out of spare bedrooms and similar. These are completely unregulated.'

 

Read more: Letting agents need stricter regulation | This is Money

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Marley1, try and rent your properties ASAP, I would maybe suggest to tenants they can have 1 month free etc to repair the properties themselves, maybe ok for you to try this tarquin.

 

This way less cash is needed and then you can get the property rented ASAP and then collecting rents without actually putting up too much money that is not there.

 

MX portfolio managers are not there to help you but to find a weakness in you and prey on that. I had one who kept on trying to intimidate me and I called their bluff a few times as I really will get them back for this. You do what you think is best for these properties, these guys are not thinking on your behald trust me.

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Thanks to everyone for their input so far.

 

Although, for the moment, I've saved myself from the MX receiver, I discovered yesterday to my horror that this has been achieved at the expense of Chelsea Building Society taking a handful of my properties into LPA Receivership (Allsops).

 

Although I had received a tame warning from Chelsea, I only found out that they'd actually taken over the properties when yesterday a tenant phoned me in tears saying that someone from Allsops was at her door telling her to pay rent to them in future, and it would be a good idea to find somewhere else to live because they might need to sell the property.

 

I need to understand the boundaries of the LPA Receiver's power. I've only got as far as Page 14 of this excellent thread, and there's already some conflicting information...

 

Is it correct that the LPA Receiver is acting on the instruction of the lender with all the powers of the landlord, and with duty of care to the landlord?

 

Is it also correct that the LPA Receiver, although having all the power of the landlord, they are not obliged to take any form of instruction from the landlord?

 

Furthermore, is it correct that the landlord would be deemed to be "obstructing" the LPA Receiver if the landlord attempted to access the properties, tenants, or take rents from the tenants without the permission of the LPA Receiver?

 

Also, the letting agent who is managing the properties has asked whether they have to take instruction from the LPA Receiver and cease acting on our behalf. I assume that this is correct - because the Receiver has the power (acting in our interests) to do this?

 

Thanks in advance.

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like i said before you have all been informed that WS are working for you if so look at this and make a contract binding with penalties forthwith

When participating in a financial agreement, you should be sure that those you are dealing with and that those people are trustworthy. But when finance is involved, people usually have a hard time giving trust. On the other hand, it would also be hard for someone to gain the trust of others when finance is involved. That is why, people resort to writing a contract when engaging to these kinds of agreements. And because a contract is a legal matter, then you can use it as a ground when filing for a case when your partner has made something that is out of the agreement and it has affected your business with him. Making a contract can be done by you or any other individual if they want, just follow these easy steps.

1. Always be sure that you know the topic (finance). When making your own contract, you are protecting your rights so make sure that you know them by researching. You can do research by reading books and even researching online. If lawyers are not involved, the more that you should research and find out more to prevent being fooled.

2. Decide on the terms and conditions of the contract. This part of the contract should be agreed by both parties. This will include the dates of the monthly payments, the amount of the monthly payments and any sanctions applicable should any of the terms and conditions will not be followed. For example, you can put an interest on the rate if the payment is past due.

3. Find a pre-made contract that you can use as a format. This will help you in doing the rough draft of your contract. You will also know the issues that you have to address and include in the contract. But remember, the pre-made contract is only a guide. Make sure that the contract you made is tailored to your case and based on the agreements you have already made with your partner. Also, make sure that all the points you have discussed and agreed on is covered on the contract.

4. Make sure the information you used are correct. This is usually the case when you are making your own contract. To be sure that the information you entered is correct, refer to the right documents for the correct and official description of the property to be financed.

For first timers, making a contract can be a hard work. And since a contract is a legal paper work, you need to make sure that the contract is made properly and correctly. If you are not sure of the contract you have made, then perhaps it is easier if you just consult legal help from a lawyer. This may add some expense on your part but it will be better that to get sued because of a faulty contract. So, better be sure than sorry. A legal help is still better because they are experts on these field.

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...you have all been informed that WS are working for you if so look at this and make a contract binding with penalties forthwith

Thanks. I think your single sentence is the key point that is giving me most trouble.

 

My understanding is very different - that the LPA Receiver is acting with my power and has a duty of care to me, but is not obliged to take instructions from me.

 

On that basis, I am surely in no position to lay down terms and conditions and boundaries. It's a bit like being in prison, I guess... the inmate can't define the T&C's, but can sue if they believe that appropriate duty of care has not been observed (a bit like the ongoing Ian Huntley claim against HM Prison Service).

 

I need a definitive clarification on this key point... is the LPA Receiver obliged to take instruction from me? How can I ascertain this?

 

If the LPA Receiver is not obliged to take instruction from me, then they will surely not accept T&C's from me, and certainly not allow me to put my own tenants into empty properties... unless I first win a law suit against them for breach of duty of care.

 

Confused.

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I Think You May Find A Refference Of Some Sorts From Mex Or Ws Saying They Have Been Appointed And Are "acting For You And In Your Intrest With Regards To Help And Advice And Guidance To Recover Your Business "..if You Have Not Received This Sort Of Advice, Then You Have Been Duped Into Beleiving Somehow That They Are There To Help And Assist You,truth Is They Have Been Given Power Of Atorney Over You Making It Their Business And Not Yours And They Can Do And Say Whatever They Think Is Fit ,they Have No Duty Of Care Over Your Property , If You Believe They Have Then They Are Already In Breach Of Any Terms And Conditions ,they Have Absolutely No Terms Or Conditions In The Power Of Atorney ,this Power Of Atorney Isnt Worth The Paper It Is Written On Because It Is An Abuse Of Power That You Seem To Be Accepting Meekly ,this Is Your Livelyhood Your Pensions Your Childrens Futures And You Are Accepting Sub-standard Quality Assurances ,and Just To Remind You These Are Assurances That Do Not Exist, So You Have Lost The Properties They Control And You Are Continuing To Pay For It By Added Charges And Intrest That Will Be Allowed To Continue Unabated And With Your Full Knowledge And Consent,,

What I Have Written Above Is What You Are Telling Me But If They Have At Anytime Said Or Written They Are "working For You" Then A Contract Must Be Made Available So That You Can Remedey Any Defaults That You Find With There Employment Because You Are Paying Them Not Mex

..you Are Entitled To Change The Locks

You Are Entitled To Put In Tennents

You Are Entitled To Collect Your Own Rents

If Not Then The Contract Has Been Rescinded And Is No Longer Your Concern You Might As Well Hand Over The Title Deeds And Let Them Screw You For For Every Penny You May Ever Earn ,because Bankruptcy Is The Best Bet For Walker Singleton , Why Because They Can Auction Of The Properties Regardless Of What Price As They Will Get Paid Whatever They Want To Charge Sooner Rather Than Dragging Things Out Bit By Bit....

 

So Just Take Control, Its Your Business Not Theirs They Have No Rights To Be Dragging This Into The Gutter Because You Missed A Couple Of Payments, The Biggest Fear Mex And B & B Have Is Bankruptcy On All Properties Because It Would Almost Certainly Mean There Downfall As Well,if Everyone Did This As An action Group B & B Would Certainly Be Asking Questions As Would The Goverment And The Taxpayers

Patrickq1

Patrickq1

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Tarquin,

 

Sorry to hear about the LPA appointed from Chelsea. Sometimes, they will give you 7 days to clear arrears or come up with a payment plan and then they will cancel the LPA for now until you get back on your feet. Try and do this first to prevent the LPA getting involved.

 

In my experience WS and MX are very uncooperative. I would just do what you think is best ie get them tenanted etc and they cannot really tell you to stay away, if you put in front of a judge they will see that you have tried to put things right and not hinder progress which is what the LPA are tryign to do. Make sure you clear to them that you will hold them responsible for their actions and will sue for all losses incurred by them.

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Thanks chillinlong.

 

I've tried begging Chelsea's Litigiation Team already, but they've said absolutely that once they've instructed the receiver (which they have) then the only way they'll settle is if the FULL MORTGAGE AND COSTS are paid (i.e. I remortgage away... not much chance now my credit file is shot to bits, and considering the LTV with their penalties is now 80%-85% of OMV).

 

At the moment these properties have the best tenants I've ever had. All pay on time - but 2 are paying below market rent (agreed up-front). The reason I didn't pay these Chelsea mortgages is that I had to use the rent receipts to pay to evict tenants from other properties. I simply lost track of the Chelsea arrears - and I didn't spot a very subtle one-line difference in the last Chelsea letter compared to the previous ones (we will appoint a receiver as soon as your payments become more than 2 months in arrears).

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Really they have to work with you by law, they cannot just give you no chance to recover. They have to give you a chance at least. Did they say they will not even call the recievers off if the arrears are brought up to date at all? Just tell them who in their right mind will not give a chance for the landlord to recoever and work with them to resolve. This ploy shows a deliberate act to try and recover the properties, indicate you will not accept this and the decision they are making will cost huge losses especially in this market if they are sold not to mention you will be suing them for any losses as you will not be paying for it espececially as you are looking to resolve this and not ignore it. Really have a blast at them and ask to speak to a supervisor and tell them you will be holding them responsible for this as yu want to actually resolve and not ignore. Cannot believe these people and they wonder why the counry is having a bad time.

 

Another thing is if LPA Recievers have been appointed at 2 months arrears, then this is not right, They can only appoint 3 months or more I am sure. Maybe Patrick can confirm this.

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Chelsea's Litigiation Team

 

AAHH Chelsea blenheims springs to mind and spot finance ,i had problems with them in 1995/6 ...gggrrrr pigdogs...i won my case against them but took a few years of my life with the stress...i would sugest you get tennents in ASAP,let them take you to court no judge will tollerate their unreasonabless especially if you had been in consultation with them and you were even in a position to go for ARBITRATION it can then be brought to book for One the firm employed ie ES would be found to have failed to exercise due skill, care and diligence ,you need to back this up with video and photographic evidence against WS...and their you have it so i do not beleive WS would like to be stood in front of a judge to explain there handling of your properties and leaving it in a serious run down state and you have had to suffer devaluation because of all this so damages is another counter claim you can use, i do not think WS are suicidal enough to go in front of a judge and be TARNISHED as a unreputable company to do business with ..

patrickq1

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i think Caro is the more experianced in the RULES of ARLA he after all worked under this system for a few years but i do imagine 3 months possibly more would be reasonable and if you have been in contact with them then they should be reasonable if they are not then what have you got to lose,in the end you need to get your back up and fight for what is yours...if WS are abusing you and your properties ,take control, i am sure that CHELSEA would nt dare go into court...

go for it dude

patrickq1

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now then some good news ASSET STRIPPING this is what Chelsea WS and MEX are trying to achieve by stripping you of your assets then taking over and selling everything off,,look at this case

see what you think

United Kingdom

July 29 2010

 

get.ashx?g=2cc8f501-2444-400b-8a2d-4687f525bfc8

Last week the High Court of England and Wales revoked a company voluntary arrangement (CVA) promoted by retailer Miss Sixty in a damning judgment that called into question the conduct of the practitioners involved. The case of Mourant & Co Trustees Limited v Sixty UK Limited (in administration) [2010] could end so-called guarantee stripping – where the CVA purports to discharge guarantees given by a third party – and provide powerful ammunition to landlords seeking to negotiate future CVAs with tenant companies.

The decision goes further than that in The Prudential Assurance Co Limited v PRG Powerhouse Limited [2007] by making it clear that guarantee stripping can only be justified if there is a payment to landlords based upon a thorough evaluation and genuine pre-estimate of their losses. Anyone promoting such a CVA must therefore be very sure indeed that they have accurately calculated and compensated landlords fully for their losses. That is likely to be impossible in difficult times when the future is uncertain – precisely when CVAs are used. Guarantee stripping may be appropriate where the guarantee is of limited value because the guarantor is itself insolvent, but in that case the guarantor will probably be part of the insolvency process. Solvent guarantors should expect to pay full value for the removal of guaranteed rights.

The case highlights the importance of the checks and balances within the CVA and scheme of arrangement procedures to protect struggling companies and their creditors from third parties who seek to use the procedures for their own financial gain. It is a salutary reminder to practitioners of their obligations to be seen to act independently and to make full disclosure in any CVA proposals to which they put their names.

Having seen increasingly radical CVAs in recent months, landlords and other creditors are likely to rely upon Sixty UK to negotiate for more favourable treatment and if they consider a CVA has been unfairly prepared or formulated to challenge its terms in Court accordingly.

For further analysis of the case and more information on CVAs, click here:

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Yes So It Is Arguable The Case Of Ws And Others Who Are Being Appointed That It Is Unfair Considering There Charges And Unsuitability There Failure To Excercise Due Skill Care And Attention To Your Properties ,i Effect Stripping Your Properties Of Any Value ,this Is What Looks Like A Deliberate Act ...so Take Over Tarq... Dont Let Them Grind You Down.. If Needs Be I Will Get Written Up A Cpr 31.16 Disclosure Before Proceedings And Hand That To Them Not Ws But To Mex And Cheslea This Is Letting Them Know They Are To Keen And Abusing The Fsa Rulings On Going Easy And The Supreme Court Rulings That Try Arbritation First And Formost So You Can Force This On Them And They Will Have To Get Rid Of Ws In No Uncertain Terms The Charges Against Mex And Chelsea Would Be For All Losses Due To Their Appointing Ws ?

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