Jump to content


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


chillinlong
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3170 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Keates

In my case the LPA Receivers were not in funds as they didnt collect any rental income. It was a commercial property that was involved, and the Receivers were unhappy with the existing tenancy agreement and wanted the tenants to enter into a new tenancy agreement with them, but the tenants resisted. The receivers intimated that if they collected rent under the terms of the old agreement it would give the tenants security of tenure and they would have difficulty selling the the property with tenants in occupation.

Meanwhile the Receivers ran up various costs, eg insurance, security, etc and invoices that needed paying whilst they were not in funds were sent to the Bank for payment, and increased the amount due.

Link to post
Share on other sites

  • Replies 1.7k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Caro, Patrick Tarquin and others. I am in a similar situation. Arrears a couple of years ago, settled. Two months arrears this sumner, 3 mortgatAlder Kinges with CHL who have appointed LPA Alder King.

CHL agreed to de-instruct LPA a couple of years ago. I called to make payment, to be told that they had just instructed (different adresses, long story)

I paid the arrears, and August immediately, and offered a years worht of intest now, up front. I would even take a deal where the properties are retured to me, with a year up front paid by me now, on the proviso that I gain control of marketing the houses.

I note that "dubire" last year successfully got a lawyer to get them out of LPA with a similar (actually less generous) offer. Does anyone know wheich firm he used?

I wrote to CHL, see below, and was turned down flat inside one hour....

 

 

Ladies, Gentlemen,

 

I write with regard to my recent arrears, which havebeen swiftly resolved. Whilst I realise that you have made a commercial, ratherthan a personal decision to temporarily take the properties concerned intoreceivership, I feel it may help to explain some of the personal reasons forhaving slipped behind.

 

The last time this had happened was at the time ofthe loss of my Father. This year, I spent a great deal of time nursing my Mother during her last six months (and more) of terminal cancer. This was compounded,and exacerbated by an impending divorce.

 

I was conscious that no Direct Debit existed. This was partly due to having to change my bank account details (wife raiding myaccount) and due to not being in any one place for any length of time, which iswhy I had asked for correspondence to be sent to my Mother’s address in Northern Ireland. Even that didn’t help, since I kept travelling.

 

Thankfully, I was helped by the diligence of your XXXX in calling me to make sure that payments went through by debit card.I had a call on the last working delay of July, and explained that I had to do a transfer from my deposit account to the current to make payment, but no call came back afterwards that Friday. I should of course, have called back, and certainly would have done had I realised the seriousness of the situation,which I certainly do now.

 

In my mind, with all the travelling I had been doing, and with the distress caused by (almost solely) attending to my Mother’saffairs after she died, I had thought that I was only one month in arrears, not two, since I could recall making a payment in June. This, of course, had beenfor the amount due in May as I have since discovered.

 

On my return to London, I then called over to Northern Ireland, by phone, co-incidentally on the same day I was going to callyou to make payment, to discover that letters had been sent by the receivers you have appointed.

 

I would like to tell you that despite the annoyance for CHL, I would not consider my mortgages with you to be at risk. I do realise that regular payment has not been satisfactory from your point of view, and I would like to offer various solutions to this, going forward.

 

The residual income is important to me (afterpayment of mortgage interest), especially at this time of impending divorce andtrying to ensure security for my children.

 

I would be concerned if the properties went intoshort or long term receivership, since this would inevitably result inconsequential loss for both parties.

 

My concerns of course are that under receivership,tenants may become nervous and leave, making a resolvable situation into aproblem, which would not suit me, or CHL. I do know that you are not acceptingnew business, and that your company may be sold in the near future and thatthere will be a desire and need to tidy the books, however, I do believe that Ican demonstrate that I will be a good customer to you in the future andcontinue to make a contribution to your bottom line.

 

To save the reader looking up the figures, I have three properties with you, in Winchester, mortgage debt of circa £505k and themonthly payments in total are circa £850.00

 

As a sign of goodwill, I would like to offer thefollowing solutions. I can do all of the below, and/or a combination of some ofthem. I have tried to present you with options which will demonstrate to you that your payments are secure, going forward, and that I am ready willing andable to enter into a proper direct debit with you, so that we can carry on witha normal payment structure, now that my life (and administration!) is a littlemore settled.

 

Over and above the suggestions below, I have said onthe phone to your staff that I would be happy to pay costs you have incurred todate with the receiver you have appointed, now, up front, before they build. On that note, you had only just appointed them on the day I called to make payment, it having been on my mind to do so.

 

I realise that interest rates may well change, butthe rounded figures below reflect today’s.

 

1. Anoffer to pay 1 year’s payments in full (circa £10,200) immediately.

 

2. Topay half this now, circa £5,100 and a Direct Debit facility to show monthlypayments of circa £425 pcm. This may suit you better, to see regular monthlypayments.

 

3. Topay monthly, in full, starting September with a substantial deposit againstfuture payments, lodged with you and regular payments of £850 pcm via DirectDebit.

 

4. Todo as per any of the above 1-3, with a sum paid against the capital on eachmortgage, t.b.a and adjusted accordingly.

 

I could, in theory, due to other assets beingrealised (I have just sold another property, and I have assets coming from probate later), pay off the smallest of the mortgages, conditional upon theother two properties being returned to my control. This would take a littlemore organisation, but can be done immediately. Also, co incidentally, I amowed $800,000 (USD) which is almost the amount that I am mortgaged to you for,but that is a little more long range.

 

The options, 1-4 are something I can do right now,today.

 

I would very much like to resolve this situation asquickly as possible to avoid what I could see as an undesirable position forboth parties, and do hope that you can see my desire to amend oversights of thepast, and be a good customer to you in the future.

 

clip_image002.gifI look forwardto your early and swift response. Yours sincerely

Link to post
Share on other sites

  • 2 weeks later...

Mortgage Express Mortgage Complaints Data

http://consumer.bbg.co.uk/site-services/complaints/complaints-data.aspx

 

Mortgage Express Data

Complaints Publication Report

 

Firm Name: Mortgage Express

Group: Bradford & Bingley plc

Other Firms Included in this Report: None

Period Covered in this Report: 1 January 2011 - 30 June 2011

Brands / Trading Names Covered: Mortgage Express

Link to post
Share on other sites

  • 4 weeks later...

Hi all just to update you all, got injunction against mx and its lpa receivers to stop any actions, seeking declaration from courts under cca s140 that appointment of lpa unfair and that execution of contract terms is unfair and behaviour of company unfair and unacceptable, we believe case is good any advice will be greatly appreciated

Link to post
Share on other sites

well done jut ,i will say MX will not want this in court it would cause them a considerable amount greif ,they will try to settle to your satisfaction, but beware this will be a ploy and they will start puting obsticles in your way rather than a propised settlement, so take it as far as you can ,please also liase with the others about your legal team and see if they would be interested in a bigger tranch of simmallar cases i am sure they would be , anyway if we can help feel free to pm if its neccessary

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 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

Link to post
Share on other sites

yes, please do, I have a lawyer who says he knows what to do, but I dont believe it. Also, I can arrange bridging if anyone needs it. Would like to find a lawyer who has successfully gotten them out of recievership, in the case where the borrower can pay a year in advance, or, at the very least, control of the marketing and sale of the property. Its either that, or I will bridge, too much equity to lose

Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 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

Link to post
Share on other sites

Well done on progress so far jut. If they do want to try and settle I suggest that you keep everything in writing so they can't try and backtrack on anything they say. Also it prevents you having to think on your feet and finding yourself agreeing to something that you later realise is not the best idea.

 

Another idea may be to look at mediation to try and resolve things.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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.

Link to post
Share on other sites

hey all, sorry ive been away for a bit... Jut that is good the action you have taken, I have took similiar action aswell (injunction pending hearing on damages, losses and breach of contract by them not me). Now they are trying to play the mediation card by suggesting a meeting before the hearing. If this does not go well then I am willing to go straight to court and battle it out! Got to let these people know they cannot mess us around... Keep it up, need more people on board to do the same thing aswell, the more the merrier!

Link to post
Share on other sites

Hi jut & chillin

Well done on the progress you have made, I am so pleased for you.

I probably need to get back in the saddle & start fighting again as MX & receivers have now taken all of my properties bar three!

I had an attempt at trying to stop the eviction of two of my tenants a few weeks ago.

The tenants are a couple who are in their 70's, they've been with me, in the same property for 12 years, they've never missed a rental payment to either me or the receiver, the house is immaculate and the property is in credit. As you can imagine, saying that my tenants are in a bit of a state would be an understatement.

I proposed to MX & receivers that my cousin, who has the cash to pay off the mortgage in full, is willing to buy the property on the proviso that the tenants be allowed to stay in the property (receivers have issued a section 21 & insist on vacant possession), I pointed out to them that paying the mortgage off in full will far exceed the amount that will be realised if the property goes to auction.

As expected this was turned down flat, I think they muttered something about needing to follow proceedure! I did inform them that I was recording the conversations but this was of no concern to either MX or receiver. They are so arogant and sure of their legal standing that threatening them with court (in my case anyway) just doesn't seem to hold water.

Any thoughts or suggestions would be greatly appreciated.

Many thanks

MM x

Link to post
Share on other sites

I also meant to say that we had a go at mediation with MX early last year.

We (ourselves & our solicitor) had several meetings with someone in MX who was only answerable to the two directors, Dick Pym & Dick Banks.

We really thought that we were making progress and the person we were dealing with could see the sense in our proposals, our solicitor was having regular telephone conversations with this person & everything was moving along at quite a pace.

All of a sudden things changed & the receivers seemed to take charge, three properties were sold (simultaneous exchange & completion) under value in one week.

We attempted to contact our person in MX but his P.A kept saying that he was un-availaible.

About a week later we had an e-mail saying that he was sorry but he would no longer be able to proceed with our negotiations in a manner which we would have anticipated. Our solicitor was not able to speak with him & we were all at a loss as to understand what had happened.

The sale of our properties by the receivers then escalated & we were back to 'square one'.

Our solicitor later found out that the person we were dealing with had been made to stop the negotiations by the two Dicks, he left MX shortly afterwards and went abroad.

If that doesn't stink of corruption then I don't know what does.

The reason for speaking about this is just to let people know about our experience of 'mediation' involving MX.

Obviously that was 18 months ago and their attitude may have now changed, I do hope so for your sake.

If you do go down the route of mediation then it may be worth taking a recording device with you. MX won't like it (nor I suspect will your solicitor) but at least you will then have proof of what was said.

 

MM x

Link to post
Share on other sites

Sorry to hear of this MM and thanks for the warning about mediation.

 

The thing about procedure sounds like total claptrap. I wonder if your best bet would be to try for an injunction showing the judge the offer from your cousin. Do you have a value for the property, and how much is owing on it?

 

I'll see if any of the site team can come up with anything more substantial for you.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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.

Link to post
Share on other sites

Thanks caro, any help would be much appreciated.

The property was valued (by 'independant!' valuers, commisioned by the receivers) at £170k

Similar property in the area is on the market at between £100k to £150k

I owe roughly £150k

Would an injunction by something I would get my solicitor to do or is it something that I could do fairly easily myself?

I don't know the first thing about how injunctions work.

Our experience of navigating the court system on our own has been quite dismal.

Last year we took a receiver to court for blatent non compliance of the data protection act, they had a barrister & solicitor in court who argued their case so effectively that the judge disregarded the legalities & found in their favor.

This has left us wary of 'going it alone' but on the other hand I don't want to start running up huge bills with our solicitor.

Many thanks

MM x

Link to post
Share on other sites

Hi Chilli and MM i would think the Mediation is only something you would seriously consider provided you know excactly just what is it they are prepared to mediate and ask on who's authority they will be acting upon , if i am correct i would suspect MX do not even wish to consider Mediation for the simple reason they will maintain you are being unreasonable , so Court Action is your best bet , although i would not consider it a bet (gamble) i would consider it a sensible move in making MX accountable for losses incurred due to the Actions of their own Nominated Receivers ,who have shown total disregard to your needs and have abused the whole proccess of fairness making this an unfair relationship between both You and the Receiver if also you can prove the receivers ignored you completely and also used ficticious billing against your account then you have a case to take to the courtroom , fair enough they presented the courts with a barristor and lawer and unbeknown to tou you felt the judge was ruling in their favour due to your lack of knowledge and procedures , i am sure the site advisors on here can guide you through the legal proccess and also if the group on here already have a barristor amongst one of you then perhaps he can act on your behalf when the court procedures are started , only this time you have more knoledge Chilli and jue are starting a proccess that will be unstoppable unless MX mend their ways and treat people fairly, lets face it it has been over two yeears and MX have abused all attempts made by yourselves to enter into meaningfull mediation so Court is the best option this way MX can be forced to compensate all Victims of MX and their apointed Receivers

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 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

Link to post
Share on other sites

I'm afraid I don't know of anyone familiar with the injunction process MM. I would suggest some professional legal advice, but the choice is yours if you think it worthwhile.

 

It seems odd that your property has been valued at a higher price than similar properties. :???:

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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.

Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 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

Link to post
Share on other sites

Hi

 

Do you know how to stop Walker Singleton from acting as receivers or is the a way to capitalize the arrears? I have had a hard time trying to talk to anybody at Mortgage Express; I get a new account executive every time I call. It seems it is done deliberately to make you give up. I wont.

Link to post
Share on other sites

I live in Hong Kong and have a property under receivership with Walker Singleton. I too would like to know how to get an injunction against them. The tenant's rent is more than double the mortgage yet they are thinking of selling. Absolute madness. The arrears are being reduced and they want to flog for a quick profit. They have even refused to rent it out after the last tenants left. I wouldn't be surprised if they were "forced" out by the mismanagement of WS. I am very interested in the outcome of this.

Link to post
Share on other sites

I would like to join any legal action against MX and the receivers Walker Singleton. I too have a property that they may be considering selling despite having rental income that is more than twice the mortgage. I live in Hong Kong and only have a 70 year old mother and some relatives in the UK to help. Be that as it may, I would like to join in any legal action. Please let me know.

Link to post
Share on other sites

I dare say others have thought of doing this but for sometime now, I have been registered on the main website that is used for advertising properties for sale and for rent and by requesting email updates for rented and for sale properties in the areas where my properties are located, I am able to keep an eye on what is going on when the LPA Receiver is reluctant, to put it mildly, of keeping me informed.

 

It is very useful to be kept updated and not only that it aggrevates the LPA Receiver because I keep abreast of things and anything I can do to rub them up the wrong way is fine by me!

Link to post
Share on other sites

  • 4 weeks later...

Hi all,

Thanks again for everyones input, my case is still ongoing with them, they are now asking if we can do mediation before the court case hopefully by end of the year. Lets see what happens, personally \i would rather go to court and present as much evidence as possible to make them beg for mercy. Meanwhile Walker Singleton continuing to break all their promises even the stipulated consent order they have agreed to until outcome of court action, ie boarding properties, evicting tenants, failing to carry repairs, worsening situations with the local councils, let council tax rack up higher, not chasgin tenants arrears the list goes on and on...

 

Jimcoke, PM me your details I might be able to help with your case.

Thanks again

Link to post
Share on other sites

Good to see you chillin. I think you need to go to mediation to prove to the court that you are a reasonable person who is willing to negotiate to avoid litigation. However if the consent order, which I assume is a court document, has been breached I would suggest that you write to them pointing out the error of their ways, and send a copy to the court with a covering letter.

 

Were there any consequences of breaching the order?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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.

Link to post
Share on other sites

Hi Caro, good to hear from you. Really we wanted to see if we can mediate and actually start any progress before we pursue the line down breaching the order as we could find faults all day long with how WS act however we want to bring the matter to an end hence not allowing them to distract us from our focus on the objective which has been their objective from day one.

Thanks

Link to post
Share on other sites

Fair comment. Lull them into a false sense of security and if they don't play ball then hit them with all you've got. :-D

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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.

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3170 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...