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    • sorry I have been confused by Statute Barred meaning. I thought with Statute Barred the debt cannot be chased 6 years after you have stopped paying.  Originally I set up a payment arrangement with all the companies around 2008 when things went horribly wrong. At that time the payment arrangement was with the original creditors.  I still have one of the original creditors who I pay each month (Cap1). I thought that if you make a payment arrangement you have to stick to that situation throughout. Also, MDR (Moorcroft) have been taking a monthly payment on behalf of M & S Bank for about 5 years. When I sent MDR a CCA request I got a copy of the original agreement sent to me directly by M & S Bank about 5 weeks after my CCA request. Sorry for my ignorance but would you suggest I stop paying all including Cap1 who are the original creditor? TIA
    • London1971 without divulging too much into his mental health he has issues regarding anything to do with government and so is it ok to fill the forms provided and what do I put on there  thanks  
    • Dear all, I am hoping for some advice/guidance on this matter. I received a LoC dated 12/04/24 and replied to this on the 2/05/24 disputing claim with the following reasons: 1: [Inadequate Affordability Assessment]: I contend that your institution failed to conduct a thorough assessment of my financial circumstances prior to approving the loan. As a result, the loan amount and repayment terms were not suitable for my income and financial situation. 2: [Unsustainable Repayments]: The repayment schedule imposed by the loan agreement placed an undue burden on my finances, making it impossible for me to meet my other financial obligations without experiencing significant hardship. 3: [Lack of Transparency]: Your institution did not adequately disclose the risks associated with the loan, including any potential increases in interest rates or fees over the loan term. I also added the following: Under the Consumer Credit Act 1974 and the Financial Conduct Authority (FCA) regulations, lenders have a legal obligation to conduct thorough affordability assessments and ensure that loan agreements are suitable for borrowers' circumstances. I hereby request that your institution: 1: Conduct a full investigation into my claim of irresponsible lending. 2: Provide me with copies of all documentation related to the loan application and approval process, including affordability assessments, credit checks, and correspondence. 3: Cease all collection activities related to the loan until this matter is resolved. Yesterday i received the attached reply via email and it included: 1: The Original Loan agreement 2: An account statement 3: A copy of a default notice letter. The email included a link for a direct debit set up page where you enter their reference and your bank account details (looks like a standard D/D set up page) but there is nothing to indicate the amount of the D/D that I might be agreeing to. I also think two days response time is not long enough to appropriately reply. Any thoughts appreciated   Email-compressed.pdf
    • Easy to set one up on Gov.uk , search on Google.
    • Hi London  he doesn’t have government gateway. Should we do it via post?
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Capstone/Preferred/SPML


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mw

with respect suggest you read up on the main spml thread,you've got some things really really quite badly wrong here and resultingly your advice is bordering on the downright dangerous.link here:

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/170607-spml-london-mortgage-company-287.html#post2830885

 

IF YOU HAVE GOT DIRECT ACCESS TO VINCE CABLE WE NEED IT URGENTLY BUT PLEASE READ UP ON THE ABOVE LINK OR ALTERNATIVELY THIS SITE:

http://capstonewatch.wordpress.com/category/accounts-and-auditing/

Edited by ryde
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According to Trading Standards, or whatever they are called now, under no circumstances do you open your door to debt collectors. SPML have committed a criminal offence under the relevant Act, I think it is the Consumer Credit Act 1970 (googl it and you will get the correct date). If debt companies threaten to send a doorstep collector, I inform them that if they do so, I will call the police.

With regards re-possession hearings, you do not liase with the company;s solicitors, who lie anyway. You contact CAB before the hearing. You then have a right to appeal.

SPML can not chase you for a purported £100k, that is illegal. 3.5 years ago , SPML was owned by Lehman Bros, and any sebts are owed to their administrators, not SPML/Barclays

Go straight to CAB as they are on the case. CAB have asked me to request all documents from SPML, so that they can look at them. They know what is going on.

Don't be frightened, there is help out there.

 

Agreed with ryde, you don't have a clue what you are talking about. By the way, Barclays bought the U.S. operations of Lehman, not the European operations, so what you said in that regard is nonsense.

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No Barclays bought the Japanese assets of Lehmans, confirmed by Barclays. CAB do know what is going on and I have ben advised by 4 specialist mortgage advisors, one of whom worked for Lehman's branch in London. The general consensus is that those people who took out mortgages with SPML and the rest have been robbed. Likewise what is happening on the Costas. Read the e mail, this has gone to the Lib Dems, Vince Cable in other words to go before Parliament. I am not talking nonsense.

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All you have to do is write to Vince Cable,in the sane way that you can write to any politician. Your MP can also speak for you.

The relevant Cosumer credit Act is dated 1974. I know what I am talking about and have already presented it to SPML/Eurosail?Capstone and am working from advice received from Trading Standards

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Originally posted by Margaret Wiliams, as on page 2 of this thread posts #38 and #39

 

With regards to re possessionaction, please make sure that you contact your local council re: mortgage rescue package. They or CAB can arrange legal representation if you are eligible.

The plot thickens with regards SPML/Eurosail, both being declared insolvent. Capstone are service providers. not registered mortgage comapnies. In our case, arrears built up when Lehmans owned SPML, because neither SPML nor Capstone would explain who Euro sail were. I now know that SPML was re branded Eurosailm, but continued to use the SPML brand as Eurosail etc is not a registered mortgage company.

Likewise the suspended re possession order was taken out when Lehmans owned SPML.

When Braclays bought Lehman Bros assets, they bought the mortgage, not the arrears, those are owed to the Lehman Bros administrators. Therefore, SPML have been collecting arrears illegally from us since the collapse of Lehmans. Also they acted illegally by taking us to court for a review of the arrear,Sept 2009, which resulted in the payments towards the arrears being increased. I have compiled a report, not just relating to SPML, but the whole sub primemortgage and finance farce, and have sent the first copy to Vince Cable (my husband is a Lib dem councillor) Copies are also going to the FSA and fos, and Barclays.

The last misive that I got re repayment rates, came with a Capstone heading,not SPML, making me suspect that the company is defunct. So the next question is, where does it leave mortgage holders, especially those with assets in the property? And, what about Building's Insurance? these are twq questions I will be putting in a letter to the Chief Executive of Barclays Bank. In additio, I will want to know why payments are not being processed when I present them at Braclays Bank. we have a payment book and the name on the giros is not SPML, it is London Corporate Banking. Something vert fishy is going on.

With regards charges, the complaint needs to be made to the FSA. The fos just act as arbitors (and take ages)., negotiating between the lender and borrower. If SPML is indeed defunct, them there is no one to negotiate with!

 

According to Trading Standards, or whatever they are called now, under no circumstances do you open your door to debt collectors. SPML have committed a criminal offence under the relevant Act, I think it is the Consumer Credit Act 1970 (googl it and you will get the correct date). If debt companies threaten to send a doorstep collector, I inform them that if they do so, I will call the police.

With regards re-possession hearings, you do not liase with the company;s solicitors, who lie anyway. You contact CAB before the hearing. You then have a right to appeal.

SPML can not chase you for a purported £100k, that is illegal. 3.5 years ago , SPML was owned by Lehman Bros, and any sebts are owed to their administrators, not SPML/Barclays

Go straight to CAB as they are on the case. CAB have asked me to request all documents from SPML, so that they can look at them. They know what is going on.

Don't be frightened, there is help out there.

 

Margaret I have to agree with the emerging consensus that however well intentioned your posts are they are simply not up to scratch when it comes to advising people of their rights. As Ryde as pointed out this is dangerous

 

Let me tell you why.

 

With regards to re possessionaction, please make sure that you contact your local council re: mortgage rescue package. They or CAB can arrange legal representation if you are eligible.

 

A number of issues emerge here already.

 

1. The mortgage rescue scheme had helped just six households by August despite being launched at a cost of £280m. later unconfirmed figures suggest that approximately 600 may have been helped. Contrast that if you would with the bent figures for repossessions in the UK last year from the Council of Mortgage Lenders (The industry's poodle). 40,000 plus repossessions, or to put it another way less than 0.3 % of all those faced with possession actually received help. And that's if you believe the CML figures which you shouldn't because they don't include suspended repos which became full repos, second charge repos, buy to let repos, shared ownership repos or those where people were so desperate they handed the keys to the lender.

 

The council does not arrange legal representation. CABs are understaffed and overrun. They often know even less about the real issues at stake here than you seem to. They often think for example a suspended order is a good deal. IT IS NOT A GOOD DEAL. IT IS A ONE WAY STREET TO REPOSSESSION.

 

The Council should of course be notified by the lender under CPR 55.10 that a claim for possession has been issued. How many local authority housing departments do you know have received such notifications. Certainly not from the likes of SPML.

 

Capstone are service providers. not registered mortgage comapnies

 

But they are registered, right? FSA NUMBER 438372 Companies House Company No. 05381786 Listed as Capstone Mortgage Services with activities including financial intermediation

 

I now know that SPML was re branded Eurosailm

 

Could you provide evidence of such?

 

The plot thickens with regards SPML/Eurosail, both being declared insolvent

 

Neither has been declared insolvent. In any case there are numerous Eurosail entities. Which one would you be referring to?

 

When Braclays bought Lehman Bros assets, they bought the mortgage, not the arrears, those are owed to the Lehman Bros administrators.

 

This is absolute rubbish and totally misleading. If you know better put up. If you don't you know the rest...we are not here to mislead...

 

SPML have been collecting arrears illegally from us since the collapse of Lehmans. Also they acted illegally by taking us to court for a review of the arrear,Sept 2009, which resulted in the payments towards the arrears being increased.

 

You may need to recognise the subtle distinctions between illegal and unlawful here. In any case the numbers are numbers on a balance sheet. It's not like your current account provider stripping you of real cash through six £35 charges when you weren't looking and finding your self brassicked or having your card bounce at TESCOS. The aren't illegally collecting arrears at all. They are unlawfully manufacturing and exaggerating arrears.

 

I have compiled a report, not just relating to SPML, but the whole sub primemortgage and finance farce, and have sent the first copy to Vince Cable (my husband is a Lib dem councillor) Copies are also going to the FSA and fos

 

Good luck with that. The FSA will fob you off because because they don't look at complaints from individuals. The FOS won't investigate until you have given the **** 8 weeks to fully and finally respond to your formal written complaint. AND you may only raise those issues you raised with the mortgage firm for adjudication by the Ombudsman. Not anything you feel like adding.

 

The last misive that I got re repayment rates, came with a Capstone heading,not SPML, making me suspect that the company is defunct.

 

Capstone were sending out SPML related stuff from about 2005 on Capstone paper. SPML were NOT defunct then.

 

With regards charges, the complaint needs to be made to the FSA

 

NO. THE FSA WILL NOT ACT ON INDIVIDUAL COMPLAINTS. THEY HAVE BEEN MADE WELL AWARE OVER 30 MONTHS AGO OF THE ISSUES, PROMISED ACTION BY DECEMBER, FINED ONE LENDER IN OCTOBER AND QUIETLY SHELVED THE REST.

 

If SPML is indeed defunct, them there is no one to negotiate with!

 

Well they are still trading (although on life support and brain dead). You could negotiate with capstone. If you did your homework you might even be able to find out how.

 

SPML have committed a criminal offence under the relevant Act, I think it is the Consumer Credit Act 1970

 

Since SPML are defunct how can they have committed any offence? The Consumer Credit Act 1974 and its subsequent amendments (SI1983 etc) govern all consumer credit agreements prior to October 2006 when most of the main provisions of the CCA (2006) came into being. Being a consumer credit agreement under civil jurisdiction there is no criminal offence committed.

 

The correct regulations for governing DEBT COLLECTION AGENCIES are OFT 644 FINAL GUIDANCE ON UNFAIR BUSINESS PRACTICES (July 2003/ Updated December 2006). These are better placed than trying to invoke criminal law unless of course the course of conduct of the appointed DCA falls foul of s.1 of the Harassment Act, 1997, or s.40 of The Administration of Justice Act 1970.

 

To everyone I would sincerely not be googling anything unless you know what the verified sources are. Rely on the slow patient build up of wisdom on this site. Be slow be sceptical and create your own thread. Don't rely on Private messages (no one else to tell you the advice is wrong). Above all you will need to be an advocate in your own cause. And that means listening and learning.

 

Margaret, ...I could go on but I'll close. Have the good grace to accept that you are way behind the loop on these matters to be advising people. Go slow and steady. Learn, as we have all had to. Join the chorus, make your contribution and join our band. You will be most welcome with your efforts to raise the profile. I and many others speak from a vantage point of vast experience of these matters.

 

Peace and sincerity

Edited by enoughisenough

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Guest MamaG1

Margaret thanks a lot for your advise, I am starting to feel a bit better, I will call the CAB tomorrow to go see them and explain to them.

In the mean time, what do you advise I do if I get calls or txt from SPML.

I will post any further correspondence on the site and keep allposted.

 

MamaG1

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Guest MamaG1

enoughisenough,ryde,londres

 

Thanks to you all for all your support, now can I get clarity of what the best way forward is pls. I am new to this and will need all hands on deck to help me pull through. In d meantime, I will await there responce and call a few orgs.? Is there anything else I could do?.

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Well Hi All,

 

Not good news. I attended court after having some advice from CAB they told me they did not think i had enough to ask for a set aside or an adjournment. We queried the differing amounts on my statements, capstones solicitor photocopied mine and the original contract. After phoning Capstone up they have said that the extra is interest due on interest because of the arrears. When we entered the court room the judge asked the solicitor what was happening she said that they wanted a suspended order with an arrangement of £50 on top of the monthly CMI. The CAB lady explained that i had some unresolved issues namely the figures not adding up, charges being included in the arrears amounts. Their solicitor stated Sir, this lady has 15 months payments missing. I was not happy at this and said no i have missed 6 payments over the last 3 years and 4 of those were over 18 months ago its the charges that make it look like that. The judge asked to look at the statement, at this point the solicitor produced a much more detailed statement which i had never seen and announced Oh i've only just noticed i've got this (yeah yeah). The judge arranged for it to be copied and stood the case down for 15 mins for the CAB lady and I to look at this. This statement did include the interest on arrears. The CAB lady then said that i would have to accept the suspended order. We went back into court and the Judge had looked back through the original notes from November 2008 and said were we aware that the original Judge had requested some answers from Capstone and that if the case came back to court the original judge wanted to deal with it and it was not to go on the usual repossession list. I said i was aware of this but Capstone had told me they had decided not to persue at that time so i thought that was good for me.

The Judge said No what you should of done was insisted that the case went ahead because chances were they could not of provided the relevant paperwork. I then said well if they still haven't why can't we set aside, he said because i accepted their decision not to return to court. I then tried to say but we are back in court, same case, same number, but he said it was too late now.

He then went on to quote all the different mortgage acts starting from 1970 etc. He agreed the charges were outrageous and to adjourn would only incur me more charges. He said he thought i was right to persue a FOS claim. The CAB said she thought i had been treated very shabbily and Yes to persue with the FOS.

So sadly i ended up with a suspended order. BOO HOO BOO HOO

The Judge said he only had so much power and sadly charges were not in that remit, he also said that Preferred have it written in their contracts that they can add charges and arrears together.

 

So folks despite our high hopes it was not to be. I am currently awaiting a response from the FOS.

 

Thanks again for everyones support and i will continue to support this site and keep you all updated with the FOS claim.

 

Good Luck everyone and remember as EIE says stay strong.

 

xxx

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Just because they have written in their T&C's that they can add arrears and charges together doesn't mean it's fair and should be challenged as an unfair T&C in the contract.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Uneverdid

 

This is not, as you know, the outcome you wanted or deserved. Seems the Judge was particularly "lender biased" as we all know they can be. He really should be King in his own court and not let the solicitors get away with an 11th hour production of documents that you've been patiently asking for for months now.

 

Also note how they are yet again declining their own jurisdiction on the contracts and misstating the law. Since when was a contractual term enforceable merely by being a contractual term.? If this anything goes approach is the correct legal analysis then An EU directive has been ripped up by a county court. What would the ECJ have to say about this? It's high time the rotten County Court system got itself up to speed. AT least be honest and say I'm declining my jurisdiction-take it up with the FOS. instead of lying 12.3 of the UTCCRS. Read it. The court may grant an injunction as it sees fit, NOT IN HIS REMIT MY FOOT. It's right within HIS remit, the lying ******.

 

So uneverdid...let's try to put something positive on this. Generally Suspended orders are easy to convert, but we can fight those too, and have a strong track record in doing so. Look upon the things you could have done and should have done as part of the experience of learning how to fight this head on. You will have to watch them very carefully and must not miss a payment or the overage. AT some point they wil say they haven't received payment and then go straight to the court for eviction which they'll get. You'll be the last to know. Even at this stage we can fight. After a while they move onto to some one else instead and realise you have them boxed in.

 

Remember that in the past it was so much easier for them to get a suspended because people would not fight that thinking it was fair. Now they have to breach procedure and lie just to get those.

 

Pep talk over, practical advice to follow...

Edited by enoughisenough

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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eie and others

Is this worth an appeal or are we just gonna add costs and get the same result and a big pile of stress added to uneverdid in any event.?

Its a bad result considering the circumstances but just shows the inconsistencies of the judicial system and the doctrine of discretion.

It should have gone back to the original judge who made the order.

Hows a L.I.P. supposed to know otherwise they just get whitewashed by solicitors and the court.What happened to the overriding objective?

Exactly the same thing happened to me a judge made an order refusing to join the **** to my case one day they came back a week later and got joined by another judge who was a total ass cos they,d modified their case,I appealed as they were f. all to do with my claim and a circuit judge dismissed the appeal with the use of discretion argument,but allowed me to discontinue my claim so they never got joined at all.

Still going on today.

 

UNEVERDID

At the start of your case this might have been seen as the inevitable result.

Please keep a record of all payments and any paperwork you get absolutely religiously .If you do complain to the fos and you must it will take some 18 months but all the time youve got that going on the **** seem to back off.

Anyway you went to court faced them and got a result that saved your home,thats an achievement in itself cos it shreds the nerves,you get to live again and bang a claim back at them which will cost you nothing and them at least £500 in fos fees.

Important thing now is to get everything you possibly can in your fos claim.So post for any advice.

Edited by ryde
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Highly unlikely to succeed on appeal in my view.

 

The thing is if the assessment of the DJ had been based on erroneous understanding of points of law that might do it.

 

But really it's not about a point of law. It's about a judge not doing his or her job properly and lying. You are now asking another judge in the same court Such as a Recorder or more likely a Circuit Judge to cast doubt not on a point of law but on the conduct of one of their colleagues. I don't think that could stick.

 

Factor in stress and costs and it appears not to be worth it. There are other tactics to ensure that this goes no further. Many seasoned caggers on the Capstone threads have been on suspended repos a long time now.

 

You just have to watch them 24/7 to make sure it doesn't go fully blown. At least now we can start getting the FOS involved. The FSA surely have to call time soon. They are too far up the path not to.

 

Just my 10p's worth. Feel free to disagree.

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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As a footnote I tried to vary an order and got a pig of a judge who sounds more or less the same as this one. If they ain't interested no amount of documentation and supporting evidence is going to help. They have the discretion NOT to Help you which they exercise invariably and the discretion TO help, which they invariably NEVER exercise. DJs are still locked into the myth that the lender is telling the truth, we are **** and that we should be grateful for suspended orders.

 

It's a feckin' disgrace. CJC next stop.

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Hi the judge did say we could issue a defence but in his opinion it would only prolong the case and add additional costs to already outrageous charges.

We did try and go along the lines that we needed more time to consider the new paperwork provided but he said the stand down time was sufficient for this. Even when i was crying with frustration he said Cheer Up, keep to the arrangement and you will be ok. My time was 3.15 and i was the last to leave at 4.50 so it was totally nervewrecking.

He said they have defo got it in the contract that charges can be added to arrears as he had seen it many times previously.

So do i wait now for the FOS to start asking me questions or is there anything else i should be doing?

Another thing that i found disgusting was the fact that

1. Unscrupulous characters pounce on you when you are checking which court you are in. They want to know if they can help you ?????? with a remortgage to stop you losing your home.

2. The solicitors speak amongst themselves quite loudly, i knew all about the lady going in after me(she was with the CAB lady when they were talking). I knew who her mortgage company were, how much her monthly CMI was, how much her arrears were. It was disgusting how little respect they had for her privacy.

 

Anyway not a lot i can do but just keep paying these ?*?*?

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Hi the judge did say we could issue a defence but in his opinion it would only prolong the case and add additional costs to already outrageous charges.

We did try and go along the lines that we needed more time to consider the new paperwork provided but he said the stand down time was sufficient for this. Even when i was crying with frustration he said Cheer Up, keep to the arrangement and you will be ok. My time was 3.15 and i was the last to leave at 4.50 so it was totally nervewrecking.

He said they have defo got it in the contract that charges can be added to arrears as he had seen it many times previously.

So do i wait now for the FOS to start asking me questions or is there anything else i should be doing?

Another thing that i found disgusting was the fact that

1. Unscrupulous characters pounce on you when you are checking which court you are in. They want to know if they can help you ?????? with a remortgage to stop you losing your home.

2. The solicitors speak amongst themselves quite loudly, i knew all about the lady going in after me(she was with the CAB lady when they were talking). I knew who her mortgage company were, how much her monthly CMI was, how much her arrears were. It was disgusting how little respect they had for her privacy.

 

Anyway not a lot i can do but just keep paying these ?*?*?

 

Hi Uneverdid.

 

Once again I am so sorry that the efforts to help get you to avoid the suspended repossession order did not work on the day. I'm afraid in experienced cag circles we have invented the phrase DJ lottery which means of course that a weaker argument may well have succeeded with one DJ and a stronger argument would have failed with any judge so inclined not to hear it.

 

This is all too commonplace in our courts. I don't say that they should automatically side with us but I DO SAY they should not automatically side with the lender, especially when there must be so many murmers going round JUDGE CIRCLES about the essentially evil and unlawful nature of so many of these actions.

 

I praise the judge who told Capstone to get lost until they could demonstrate what business they had in all of this.

 

So there we go, some good some not so good. I've been there myself and it is thoroughly dispiriting for a few days. As I said above I GOT NOTHING even though nine tenths of the argument was mine. Even the judge started to shift in his chair. He lied, I knew it and he knew that I knew it. From there he started giving the oppo a tough time presumably to give it some "balance."

 

So...this is never easy but the main thing is to not lose heart (I was devastated as until then I had belief in the fairness of the court).

 

But I have picked myself up and learned so much about fighting the **** it made me determined never to go in again without first arming myself to the teeth with all the necessary legal ****e that goes with the territory. I am dedicated to making sure that everyone going in against the **** has at least a fighting chance.

 

The fact that even this cold hearted b*****d could say 'cheer up' fills me with wonder and dread. Keep to the arrangement and you'll be fine? He's just given them a licence to scream breach. What an a-hole.

 

But we know that this is what they do. They do scream breach even when there hasn't been one.

 

No eviction notice is passing your door without a full and robust response. YOU HAVE MY WORD ON THAT. (Anybody else with specialist knowledge of how to tackle this manufactured nonsense will also chip in).

 

The contract argument is a nonsense. HE is lying, or just not a very good interpreter of the law. It works like this. If the EU passes a directive, irrelevant of local custom, that must be given effect. If the EU has deemed that there may be some contracts which have unfair terms then the very existence of those terms is not sufficient to overcome the condition of fairness. It is really very simple. IT's in the contract does not wash anymore and has not washed for more than 15 years. A judge should know this and is unfit for judicial office if he suggests otherwise.

 

Debt dodging agencies at the court doorsteps is an utter disgrace as is lack of privacy. These parasites are just another part of the feeding frenzy.

 

They have no useful function other than at least it keeps them from burglary and robbing people's cars. Yet another set of **** waiting to suck us all in. Tell them to **** off. (probably get banned from cag for that)

 

We are with you 100%. And we will stay with you...keep the faith

 

and watch the b*****ds like a hawk from now on in...

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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  • 2 weeks later...
Guest MamaG1

Hi actionnotwords,

 

So what does this mean if I had an unregulated mortgage agrement from SPML?? to me an how is this advantangeous or beneficial to me. Sorry I may be sounding really clueless!!. I got dis missold mortgage from SPML in 2004, the early part before October, when the regulations by the FSA Started.

 

In the meantime following my letter to the debt collectionlink3.gif agency. I got a letter back from the debt collection agency DLC saying

 

" Thank you for your recent letter

We have referred the matter to our client and we will contact you again when we receive their reply".

 

Your sincereley.

 

Name

Team leader.

 

What do you advise I do.

 

I did not know that these banks can come after you after they have repossed your home, what on earth is this all about. they shaft u with hefty rates on misold mortgages, steal so much money off u wreck u, then take the house and then also come after u??

 

Pleas advise!!!.

 

Just to let u all know - My tread has been moved to repossesions, please update or advise here too, I will be on both here and mine.

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  • 2 weeks later...

Hi all,

 

I need a bit of advice, a couple of weeks ago my cousin asked me if i could put him and his pregnant girlfriend up for a couple of weeks whilst they got their new rented place sorted. Being the kind caring person that i am i agreed on the proviso that it was definitely short term and that they could not register at my address etc because i am just about getting myself sorted. Imagine my dismay today when i discover that his girlfriend has opened a bank account under my address and has an argos storecard in process. Ok i shouldnt of read the letter but it was left lying around on the side (foolishly on their part).

How should i deal with this, surely the bank or argos would need proof of id and address which in 2 weeks they would not of been able to obtain. Would they ???

I am so angry and upset that they have abused my good will like this and really don't know how best to tackle this. I just want them out of my house but how do i deal with the bank account and argos card ???

 

Many thanks for your support, i know this is not really a mortgage query but i know the people on here will be able to offer me some advice.

 

Thankyou thankyou thankyou

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Guest MamaG1

I got a letter back with some form of statement and sales sttment addressof property on it etc.

 

Doesnt all look good, but brasing myself up for a long fight gaggers. it is a battle really for us, but 4 them, it seems they also have the law on their side.!!. doublewhammy for the borrowers and the rich get richer, if u ask me.

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  • 2 years later...

Sorry for possibly hijacking your thread but still can't remember how to start new threads ( i did manage before but purely by chance) i have received my latest statement from Capstone and they have put the following;

charges as a result of missed payments = £2,127,13 ?????????

 

ARE THESE CHARGES LEGAL

 

thanks

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As far as I know, handing back the keys doesn't stop the mortgage payments so the debt continues.

 

Better to carry on fighting.

 

Anyway, continuing to echo mustard7, A

 

cenden are going through the motions with me i.e. they replied saying to me also that they will still only go back six months.

 

Also as a "goodwill gesture" will refund the early redemption fee to a grand total of £848.

 

They've given me 21 days. I don't plan to accept that and will also write back insisting on 12 years.

 

In fact I don't see the point in accepting anything less than what I'm asking for.

 

Any thoughts?

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you dont need ANOTHER thread on the same debt.

 

you have 4 already........

 

therads merged

please keep to ONE thread per debt

 

and new post copied over to here

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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