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    • Ah ok I will see if we receive it in the post tomorrow before I go to work. We want to see theirs so we know what documents they will list ? If their N265 is not received then best to send ours so that we do not miss the claimants deadline as per their draft directions.  What would happen if we did miss the deadline even by 1 day ? The claimant would use it against us in court ?  I scanned and posted in #159 the claimants continuation sheet attached to the N244 where they give a background of the case and reference e-mails etc. After this I will continue to work on the WS which is also causing me anxiety. This will also be used to object to their SJ application. I will advise tomorrow if anything else is received.  
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Mortgage Express appoint LPA Recievers Walker Singleton to scare tenants off!


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I don't understand either chillin. Sometimes our justice (if that's the right word) system stinks.

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Hi caro

Thanks for reply.

 

Good article in paper today about mortgage express. But it is not clear that it is receivers helping mortgage express inflict the damages.

 

http://www.dailymail.co.uk/money/mortgageshome/article-2193459/Repossession-sales-cheating-taxpayer.html

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Very good article. Some of the comments aren't too sympathetic to private landlords.

 

This isn't an issue that will pull at the heartstrings of the masses I'm afraid.

The Consumer Action Group is a free help site.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Having read all the threads I hope someone can help me out.

I have 3 buy to let's. 1 property has been given back to me by WS as according to MX WS can no longer act as receiver as I am living in the property.. Is this true or are MX telling lies...?

My second question. WS are seeking possesion of one property as my father resides as a renter and I'm breaking the terms and conditions of the mortgage. There are no arrears on the account though I have told my father to stop paying WS as.

1 there is not signed tenancy agreemt with WS .

2 WS have never sent my father a tenacy.

3. The tenancy agreement is signed with me as landlord

My father is a 79 year old disabled man who has been harassed by WS to the extent the police had to be called.

 

Right now my case is with the FO though from my experiences they are a complete waste of time..!

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Hello Everyone, myself and my brother have been through many of the same experiences as those who have posted here. About 3 years ago we managed to open up a dialogue with MEX and as a result of that 11 of our properties, which are in LPA, are being returned to us at the end of this month. I am more than happy to discuss with anyone how we went about it; i dont know how information is supposed to be shared on this forum, and besides would rather communicate directly with people rather than try and post a 'one size fits all' approach, because that wont work.

 

We have managed to get our properties back, and if we can do it, then i dont see why other people on here should not be able to also. Please feel free to contact me.

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Hello Everyone, myself and my brother have been through many of the same experiences as those who have posted here. About 3 years ago we managed to open up a dialogue with MEX and as a result of that 11 of our properties, which are in LPA, are being returned to us at the end of this month. I am more than happy to discuss with anyone how we went about it; i dont know how information is supposed to be shared on this forum, and besides would rather communicate directly with people rather than try and post a 'one size fits all' approach, because that wont work.

 

We have managed to get our properties back, and if we can do it, then i dont see why other people on here should not be able to also. Please feel free to contact me.

Please let me know how I can contact you as MX always have referred me to WS stating they are now in control and they can do nothing about that

Regards,

Rob

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Please be aware we do not advocate contacting anyone by PM or giving your own contact details as users cannot be verified who they say they are.

 

I am sure if Monty wants to help any caggers he can give a brief outline in the open forum for ALL to see.

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L.capo an oral agreement is a contract not a non binding agreement! Especially if you have acted upon this! You could potentially have a case for breach of contract and damages and this will allow you to place an injunction of them selling properties. Contact me via pm if you want to speak with me about it and I will help wherever I can.

 

Patrick, good to see you also!

 

Mx and wS got so much legal might against me but I'm still fighting them, we have to all get our heads together and take action to stop this nonsense. You have to be clear on what are you going to litigate them against.

I have a letter from mx stating if I pay my arrears they will remove WS. Is this worth anything in court..?

Rob

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Hi Stevethebroker

 

I don't think I am in any danger now. I paid up any arrears on another property, which should not have even happened, except various clerical errors, none of which were on my part. But I had dealings with M. ex in the past which was very scary. They rang me ten times a day, they were awful when I rang etc etc. My daughter worked at the call centre in Borehamwood, before they went belly up, and she told me they had been instructed to give anyone who rang and was behind in payments, a very hard time. They were told it would make their jobs safer, the more money they were able to get back! She initially worked in the department the sorted applications but got switched to debts, she hated it.

 

When I rang two weeks late with a payment to make, they would tell me I was almost 2 months late, this use to make me worried, as they also said if I became 3 months late they would start repossession hearings against me. I foudn out from my daughter that they said this, as i paid on 28th of each month, which was a month in arrears of my mortgage. But that was the contractual agreement they made with me. They used to try and coerce/bully me into paying in advance, which I could not, as I was already going through a legal hassle with my ex, who claimed he had money in my house, which he didn't, none atall, but that is another story. I found out from Nat debtline I did not have to speak with them by law, but all negotiations could be by the written word, so that is what i did. this was years ago. But I got myself out of arrears, but never got seriously into arrears with htem, but judging by the actions you would think I had.

 

I had a difficult year in 2009 approximately, and fell seriously behind with another mortgage with Bank of Ireland, it was like night and day, in regard to how they treated me compared to M. Ex. They were wonderful. I negotiated a pay deal with them, they were wonderful on the phone, no interrogation, they were patient and understanding and I resolved everything, no bullying. The same with TMB, i have 5 mortgages, they again were completely different. So I knwo what M Ex are doing is not permissable.

 

I would liek to be part of some sort action, in some way. I totally agree with what you are saying, but where is everybody. Surely there is a case for seeking compensation for those that lost their properties through the terrible mismanagment i have read about, surely there is a case to answer? I cannot believe what I am reading, and yet I knwo it to be true.

 

I hope you do well on your case. Keep in touch let me know what is the situation

 

regards

Has anyone started a class action ..? If so please forward me detials

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Hello Everyone, myself and my brother have been through many of the same experiences as those who have posted here. About 3 years ago we managed to open up a dialogue with MEX and as a result of that 11 of our properties, which are in LPA, are being returned to us at the end of this month. I am more than happy to discuss with anyone how we went about it; i dont know how information is supposed to be shared on this forum, and besides would rather communicate directly with people rather than try and post a 'one size fits all' approach, because that wont work.

 

We have managed to get our properties back, and if we can do it, then i dont see why other people on here should not be able to also. Please feel free to contact me.

 

Monty...please do tell us what happened in YOUR situation....

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http://www.reuters.com/article/2012/09/14/us-foreclosures-courtcase-washington-idUSBRE88D1OF20120914

 

Interesting article, ok it is for the US but a form of securitisation if I understand correctly and now going wrong for the banks.

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  • 4 months later...

Hi everyone,

 

Great to see some people are still fighting MX.

 

My Battle has just started!!!

 

I have 40 plus mortgages with MX and a substantially large portfolio

 

I missed 1 payment last year, they now say I am in breach of my terms and conditions and demand payment in full for all the mortgages, millions!! Money I just dont have.

 

They gave me another option - sign the new terms and condtitions and pay for a company to come and value my business.

 

The alternative is they appoint receivers. I have no choice either way it seems

 

Has anyone managed to beat them yet?

 

I appreciate your help in advance. PS I am a new user so cannot PM i dont think.

 

Regards,

J

Edited by Property999
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Hi property999 and welcome to CAG. When you say you missed one payment, is that on all 43 properties and have you been able to get uptodate?

 

I wish I could say people have had some success but I don't know of any. To be honest you have a battle on your hands.

 

Are you in a position to seek professional advice?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi.

 

I missed 1 months payment and made it up a couple of months later. I have no arrears. If I dont sign the new t and c s and pay thousands for a company to come and value the business they say theyll instruct receivers.

 

My cash flow is good but I am fully aware that MX has an unlimited pot of money and the best solicitors money can buy.

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Please be assured that there is a great deal happening in respect of the battle for justice against LPA Receivers and the banks and mortgage companies who decided to throw us to their mercy and the longer the battle goes on the more confident we become and convinced that we will be sucessful. My case is being fought on several levels. Firstly that the original appointment of the receivers may not be valid on the grounds that it was not correctly signed on behalf of the bank in accordance with the Companies Act. Secondly that the receivers 'sold' some of my properties when they had no power of sale under the Law of Property Act nor was the power of sale conferred to them by my mortgage deed. Thirdly that money given to the receivers by my bank at the request of the receivers which was then added to my mortgage account without reference to me, contravined the Consumer Credit Act. If the receivers appointment was not signed correctly and is invalid, the receivers have been acting as the banks agent for the last three years and not as mine which opens up a whole new can of worms!

 

This is just a brief outline of my case and there are many other aspects and other people that I speak to are using similar and additional arguments. I also heard from George Eustice MP last week and he assures me that he is continuing his campaign to have the law changed in line with his bill.

 

No, the battle is far from over and there have been successes and we will continue with our efforts and we will be triumphant - have no doubt about that.

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Thanks for the very helpful update keates. Please keep us posted of any developments.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I am in court in the morning to try to obtain an injunction against LPA receivers to stop them selling two more of my properties in auction (also tomorrow). My grounds are that they do not have the power of sale under the LPA 1925 nor is it conferred on them by the mortgage deed and also that the receivers letter of appointment is invalid because the way it was signed by the building society contravined the Companies Act 2006. I have had a solicitor and barrister advise that both these grounds are worth arguing but I am hoping there might be someone who has experience along these lines. Any comments would be appreciated.

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