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

[patrickq1]

GOOD TO HEAR FROM YOU CHILLI, BEEN QUIET ON HERE FOR A WHILE ,

HOPE EVERYONE ELSE IS GETTING ON OK

YES MEDIATION ALTHOUGH WE ALL CAN GEUSS THE OUTCOME AND THE TRUTH OF THE MATTER IS THEY WILL NOT COMPLY UNLESS IT SUITS THEM, ALSO THEY WILL WANT TO NAME THE MEDIATOR OOPS SORRY CAps lol

yes by all means use the Mediation Service http://www.civilmediation.justice.gov.uk/

this also help stop MX from any more activity with this account and suspend the actions of the receivers , also if the receivers and including mx are already in breach of the judges ruling you need'nt bother with mwdiation but seek a ruling from the judges for mx to cease and desist all actions until meditaion has taken place ?

patrickq1

[chillinlong]

Thanks Chilli and Caro.

The mediation is on behalf of MX and they are trying to bring WS into picture who are not just with it at all.

 

We will see what happens anyway. So much defence materials to gather!

Thanks

[jutolo]

Chillin,

Good to hear that you are in mediation with these guys. my advice to you is that I would be very careful and I would be extremely skeptical of anything they said, ensure all is in writing and play your cards close to your chest. They seem to be past masters on delaying tactics, remember this is a job for them. I would also suggest, if there have been breaches to a court order, it is important to deal with them separately from the claim and have it on file, it will only strengthen your position.

 

My impression of them is not the best but will keep this to myself for now, suffice to say that i will not trust a car salesman as far as i can throw them.

 

Regarding cca and BTL mortgages, its interesting that there aren't a lot of people out there bringing cases against banks, they might have a case against them as i dont think there is a time limitation on cca agreements or s140 and 140a.

 

I have a lot to say on this issue with btl mortgages and i am thinking of starting a new thread to share my experience further, bcos i am getting really annoyed at the way these guys behave, their arrogance and smug attitude towards borrowers, I am happy to share my experience to help others in the hope that the more people know about this and bring cases the more they will take it seriously, however, the difficulty for me is that I am conducting my claim myself and it is extremely time consuming and draining, but notwithstanding, I am convinced that certain aspects of the mortgage contract can be challenged successfully under the cca.

 

 

 

 

 

 

My advice and comments are 'without prejudice' based on my personal experience, research and what I have learned through the people. Please If in doubt or told to, do not hesitate to seek legal advice. I can not be held responsible as each individual's circumstance is different

[patrickq1]

hi jutolo welcome to MX forum...

by all means share your experiances on here if its MX , also how far are you down the line with them , as if pointed out to Chilli trust them not... i would ask for a recorded meeting and have a solicitor handy as well .. and do not accept anything they say as trickery is their middle name

i also think the Goverment may have had words as well as the FSA also the Parent Company who are meant to be overseeeing MX out of their troubles or should i say parent company guiding the Building society

out of their financial troubles , but i suspect also someone may be considering a BID for the Company and with all these legal Problems they certainly dont want this showing up on their Books ...

patrickq1

[patrickq1]

just noticed the Bringing WS into the frame ABSOLUTELY NOT what you require from WS is so simple the accounts of all collection data all letters sent by them to your customers and all accounts for repairs and to include all emails and letter concerning you and your properties end of ...your matters are with MX , what they are trying to do here is hijack your complaints in order for them to be able to continue with the use of WS and their underhand tactics ..MX must stop all actions by ordering WS (cease and desist)against you before you agrree to any form of Mediation always remember WS are not party to your mortgages you never signed any document making them a party to any procceedings or discussions, your legal action has certainly made them sit up so please do not allow WS anywhere near this just order MX to cease and desist all actions before any mediation without MX otherwise use the courts to show they are in breech and ask the judge to give some sort of rulling

patrickq1

[caro]

Chillin,

Good to hear that you are in mediation with these guys. my advice to you is that I would be very careful and I would be extremely skeptical of anything they said, ensure all is in writing and play your cards close to your chest. They seem to be past masters on delaying tactics, remember this is a job for them. I would also suggest, if there have been breaches to a court order, it is important to deal with them separately from the claim and have it on file, it will only strengthen your position.

 

My impression of them is not the best but will keep this to myself for now, suffice to say that i will not trust a car salesman as far as i can throw them.

 

Regarding cca and BTL mortgages, its interesting that there aren't a lot of people out there bringing cases against banks, they might have a case against them as i dont think there is a time limitation on cca agreements or s140 and 140a.

 

I have a lot to say on this issue with btl mortgages and i am thinking of starting a new thread to share my experience further, bcos i am getting really annoyed at the way these guys behave, their arrogance and smug attitude towards borrowers, I am happy to share my experience to help others in the hope that the more people know about this and bring cases the more they will take it seriously, however, the difficulty for me is that I am conducting my claim myself and it is extremely time consuming and draining, but notwithstanding, I am convinced that certain aspects of the mortgage contract can be challenged successfully under the cca.

 

 

 

 

 

 

My advice and comments are 'without prejudice' based on my personal experience, research and what I have learned through the people. Please If in doubt or told to, do not hesitate to seek legal advice. I can not be held responsible as each individual's circumstance is different

 

Hi jutola

 

A thread might just help you as well as others because if you share your experiences others may see aspects which might help you moving forward.

 

I understand there is sometimes need to keep things off the forum, but it would really help to get some good practical advice for newbies looking for help and support.

[chillinlong]

Hi all,

Thanks for posts. It is a good point from Patrick that dont want to deal with WS as it is the fault of MX that this has got yards worser than it aleady was.

 

Anyways, in typical MX and WS style, they have tried to lead me down the garden path with a mediation meeting stringing me along that we dont need defence replies until mediation is tried. Only 1 week left before court, they have now decided to oppose the injunction hearing and forget about the mediation meeting. I think they were hoping that I would be resting on my laurels and not doing anything, however I am prepared to fight them all the way no matter how much time or it costs to get done! Right dirty scoundrels these people it ought to be highlighted everywhere but not many people are listening in the media.

[patrickq1]

good for you Chilli , yes go for the buggars, they never intended Mediation it was a delaying tactic in order to take you for as much as they could get before any hearing and for you to cancel legal actions, in otherwords to go for a potential Bankruptcy if that possible just to cut their nose of to spite their face ,i would also be looking at the people responsible for MX in other words their Bosses also the Goverment department that are supposed to be looking after the goverments interest or should i say Tax payers interest if you have any correspondance concerning the paymasters to MX B & B i think then ask for the judge to bring them forward aas witneses due to the fact that you are still awaiting excess amounts of Paperwork and data from MX that they are flatly refusing to pass over especially concerning WS and their paperwork and their NEGLECT OF DUTY or Fidicury duty ...could go on but i think you get my drift

patrickq1

[diddled]

Hi Chillin

 

Did the court grant the injuction to allow mediation to take place?

If so, I would suggest that they are in contempt of court if they have disobeyed the order.

[patrickq1]

some pointers here concerning MX useful points to take into account:

take a reasonably broad-brush approach as to what the claims are;

putting in different or additional evidence will not usually alter what the dispute is;

different or additional arguments don’t usually mean it’s a different dispute;

different claim amounts or calculations are not necessarily a pointer to the disputes being different;

don’t be over-awed by the amount of detail, evidence or analysis when comparing the two claims;

it is OK to look at the expressed motivation of the referring party and the given reasons for the new basis of formulation;the basis of bringing WS to the table is very much in favour of MX who wish to be in control

and impose their will also note notices of adjudication and referral notices have no compulsory form and do not need to be interpreted as if they were contracts, pleadings or statutes; thi part MX are well aware of and i am sure you know it is not binding whatever is said ?

[chillinlong]

Thanks again all, OK well lets see how it goes this week.

 

They MX and Ws have come up with a load of BS and backtracking what they promised etc, anything to get out of it.

 

Lets hope the Judge sees the real people that they are.

Wish me luck everyone. May the best man win.

[caro]

Is this for mediation or a hearing?

[chillinlong]

Hi Caro,

Are you working late again?

They decided to oppose the mediation 1 week before the injunction hearing (We dalyed to allow them time to mediate and put their defence in), nice and typical WS and MX fashion.

 

So here goes on the court case now, its up to the judge to decide which is the best way. They are conjuring up any sorts of arguments to get themselves out of it but it all depends on the Judge on the day.

 

Will keep you posted.

Thanks

[caro]

You know what a night owl I am chillin!

 

Wonder what the judge will make of their change of heart.

 

I think you know we all wish you good luck and will be waiting with everything crossed to hear how it goes.

[chillinlong]

Hey all,

Well been trying to catch my energies back after a long few days...

 

Anyways, the high court Judge (Lasted a whole 8 hours!) struck the injunction out on the basis that I did not have the means to indemnify the defendants costs and damages if the injunctions was carried out. Costs were made against me for their 2 barristers (1 for MX and 1 for WS), 3 Solicitors and a puppet from MX. WS were so arrogant noone from there turned up.

 

From the moment we turned up MX and WS were all very snobbery and demanding we give up before they stick the knife into us. The Drydens solicitor was actually an OK guy and just doing his job for MX, tried to see if he can sort out beforehand. The Judge actually heard our side and understood but could not grant because of no indemnity provided. Our argument was even if we do lose the case after injunction I still have to pay costs anyways.

 

However the judge has ordered a preliminary trial to be heard over a particular issue to which he stated I may have a strong case and it is arguable which is good but it does not stop MX and WS from selling the properties although I understand it leaves them liable for damages now this is ongoing.

 

Well I am not giving up and I intend to continue fighting by getting an appeal in straight away! And I am going to prepare so much evidence it is unbelievable for the preliminary hearing that they cannot possibly win!

 

The battle is now on!

[diddled]

Going to trial seems like a good result, even if you didnt get the injunction that you wanted.

 

Re the indemnity - Dont really understand this, what costs and damanges would MX & WS suffer if the injunction had been granted.

 

Think WS ans MX will be really feeling the pressure now, watch out for their next round of dirty tricks, watch especially for them filing out of time documents ordered by the court, and failing to make applications for late service.

[chillinlong]

Hi Diddled, the costs and damages if I were to lose the case after the injunction such as the extra interest, solicitors and barristers fees etc.

 

I personally think it is the wrong decision hence why I will go for the appeal next.

[diddled]

I thought that costs were usually "in the case", and as Judge has ordered your case to go to trial all and any costs would then be assessed.

 

Did they apply for security for costs?

If you had been in the position to be able to pay funds into court would you have been granted the injunction.

[chillinlong]

If I had indemnified the other parties costs I think I would have got the injunction.

 

I was surprised the Jugde asked for this as either way I am still liable for the losses anyway. There was nothing I could offer in terms of security or assets for them.

[jutolo]

Hi Chilling,Sorry to hear abt you injunction. Can you PM me pls What is the general gist of your case and what sort of evidence do you have against themI am happy to assist if i can, btw i received letter that lpa have been revoked on my properties interesting

[chillinlong]

Hi Jutolo,

Thanks for message. I will PM you now...

[chillinlong]

Hi Jutolo, Have PMed.

 

I asked MX to refrain from selling the properties until outcome of the case. Got a nice email of them to say they will not agree to any stay on actions. In other words they will press on and sell as much as they can now! So they have more of an excuse to justify what they are doing ASAP.

[patrickq1]

will come back later chilli at least you know what lays ahead and now can plan better ,will try to help later on

patrickq1

[patrickq1]

not had a great deal of time just lately but i found this concerning arbitration , mispelled i know ,

http://www.snrdenton.com/news__insights/alerts/2011-09-15-arbitration-rules.aspx

patrickq1

[stevethebroker]

Very useful thread. I have 2 business partners in similar situations and MX refused just about every proposal other than full payment. If full payment could be made, then why would someone be in arrears in the first place? Also the receivers they instructed are just as bad Walker Singleton. They agreed a deal sometime ago but only to deny that they ever did and mysteriously MX reappointed a different receiver!

I just received a letter for my wife's portfoilo of 16 properties where they stated that they have not heard from the borrower regarding Ground Rent / service charges arrears that was paid by the lender, which is 100% untrue. The portfolio manager dealing with her case stated that we could ignore her portfolio whilst I was settling and clearing my ground rent / service charge arrears. He also started ignoring my calls as of 3 months ago.

The MX letter dated 01/02/12 gives my wife until 8th Feb 2012 to clear all her loans with them because of her ignoring their repaeted attempts to clear these arrears. Failure to do so would result in them instructing a receiver to deal with her property on her behalf!!!!

Neither my wife nor I have mortgage arrears with them! I will update you guys after I have spoken to them on Monday. It seems to me that BBG/ MX have a very specific and hidden agenda with these so called toxic debts. My experiences with them so far is that they do not really want to help. They just want to find ways of clearing as many loan books as possible, even if the properties are to be sold at massive negative equity!

Any comments from anyone about possible hidden agendas from BBG?