Repossession questioned by deeds not being signed

[applecart]

Oh thank goodness for that I have been very worried, I have intil next tuesday for my defence, it will now be going in this thursday or friday for definite

 

Hi Ya

 

Please make sure you are wholly confident and happy with the DEFENCE....Your Defence raises the issue to do with a mortgage under the LRA 1925 section 25.....others have relied on the LRA 2002 section 23....so, it will be interesting to see how the Judge and your Lender re-act to the Defence.....

 

There is concern that due to this fact being different... that your home may be repossessed on the mis-guided premise (imo) that you have no protection under the LRA 1925 section 25....

 

Be assured that whatever the finding of the court.....the main thrust of your Defence is your request for an Adjournment so that you can exercise the Civil Right to make an application to the Chamber to determine the Validity of the Deed.....not withstanding the finding that Lloyds are looking to take possession of your home, when they have no 'relationship' with 'you'.....they can only evidence an interest in your estate.....by virtue of a relationship they created with your Lender.....Yet, your lender did not secure a relationship with you..... Because.....they did not execute the Deed......

 

Again, I do not recommend that you raise any other issues by way of this defence......I remain totally clear that to assert anything else will simply over complicate the issues for you un-necessarily.....

 

There is no power that a District Judge can take to over ride your civil right to take the issues in your case above his head....he cannot force you to let him deal with an issue which is in the jurisdiction of the higher courts such as the Property Chamber......

 

 

We are good to go as we are...... ; )

 

Apple

[bhall]

Hello Is It Me?

 

I am very sorry to hear of your loss. You and your family are in my thoughts

 

Ben

[applecart]

Hi every one, fisrtlt let me welcome apple back and I am sure that the lenders have now said ' oh god' that did not work.

 

But I will not be able to post for awhile as my father-in-law died last night and I have to go to Devon.

But will try and keep in touch.

Sequenci,

Thank you for your comments but as you say you do not know this field nor have any knowledge of it in this area and believe me I have considered what will happen and what the courts could do, which by there actions so far is not a lot.

I do believe that my questions to IMS21 with regard to Andrew1 post is correct has not been asked.

 

I would like to see this though to the end one way or the other win or lose Both sides have a lot to lose may be some one should be saying that to the lenders??

 

So every one stay d and keep going.

 

Hi Is It Me....

 

I'm sorry to hear of your loss, I take this opportunity to extend my condolences to you and your family at this time.....

 

Your strengths are required elsewhere right now....are thoughts are with you......

 

We will continue until you get back ..... You take care of you and yours for now ; )

 

Apple

[p.j]

Hi every one, fisrtlt let me welcome apple back and I am sure that the lenders have now said ' oh god' that did not work.

 

But I will not be able to post for awhile as my father-in-law died last night and I have to go to Devon.

But will try and keep in touch.

 

 

 

Sequenci,

Thank you for your comments but as you say you do not know this field nor have any knowledge of it in this area and believe me I have considered what will happen and what the courts could do, which by there actions so far is not a lot.

I do believe that my questions to IMS21 with regard to Andrew1 post is correct has not been asked.

 

I would like to see this though to the end one way or the other win or lose Both sides have a lot to lose may be some one should be saying that to the lenders??

 

So every one stay d and keep going.

 

hi is it me sorry to hear about your loss condolences to you and your family

 

stay safe on your journey to devon .

 

pj

[sequenci]

Apple - We've quite a file on Accenden / Preferred. I think you're right to be pushing the ownership/transfer issue....

[applecart]

humm that is very odd so who was the agent acting on behalf of then this is strange indeed i did raise this question with the district judge this is when he asked the the agent who i have to make payments too? I have had a reply from court it says to pay acenden ltd po box high wycombe heard absolutely nothing from preferred/acenden or LTL with any bank details or setup any standing order nothing they are usually on the ball with letters..looking at those links it doesn't add up at all Apple...

 

pj

 

How come the county court are making you liable to pay Accenden...when they were supposed to be letting you know who owns the 'mortgage'.......it certainly isn't Accenden that is on the Deeds....at best... there address is there for notices .....they are not the Lender shown on your deed....for all intent and purpose...that company is 'preferred'.....

 

Who is complicating this issue I wonder?

 

The County Court?..Accenden?....

 

Apple

[p.j]

Apple - We've quite a file on Accenden / Preferred. I think you're right to be pushing the ownership/transfer issue....

 

hi sequenci would be nice to see some info on these two as my previous payments to them never showed up on my bank details but southern pacific mortgages do? which is odd ...

 

pj

[p.j]

How come the county court are making you liable to pay Accenden...when they were supposed to be letting you know who owns the 'mortgage'.......it certainly isn't Accenden that is on the Deeds....at best... there address is there for notices .....they are not the Lender shown on your deed....for all intent and purpose...that company is 'preferred'.....

 

Who is complicating this issue I wonder?

 

 

 

The County Court?..Accenden?....

 

Apple

 

I do not know Apple its all strange hearing from the court and not the lender or acenden?

[TimetogoRAM]

Firstly My condolences Isitme to you and your family!

 

Welcome back Apple. Good to see u back!

 

Unram - have you served your application on your lender at the West Yorkshire address? Have they responded? I am still waiting to hear back but they have a few weeks to respond yet!

[applecart]

Apple - We've quite a file on Accenden / Preferred. I think you're right to be pushing the ownership/transfer issue....

 

Hi Sequenci....

 

Yes, it has come about purely because they seem to have managed to exclude the true 'lender' from the picture all together.....being regulated to administer mortgages is one thing ...but as far as I know Accenden have not originated ANY 'mortgage'......where is the 'cause of action' the 'locus standi'...?

 

As I understand it....to administer on behalf of the 'principal'.... you must be registered at FCA as an 'appointed representative' under that 'principals' authority.....but, like I say this is a new area for me.....it may be that by virtue of the Administration Agreements that are party to a securitisation.....that they can convince the county court that they have a right to act on behalf of Preferred......will they manage to convince the Property Chamber too??

 

This Fact Sheet makes interesting reading:

 

http://www.fca.org.uk/static/documents/factsheet-becoming-an-appointed-representative.pdf

 

However, I'm not sure that we should 'push' that point alone.... but we do need to remain 'conscious' of it I think.....the best course of action is that which we have started on...which is to look to the validity of the underlying deed itself......

 

I am open to persuasion in the consumers interest of course...but, right now....my feeling is that once the deed is declared void....whatever Accenden are up to will 'fall away' ....

 

Apple

[marika41]

Hi every one, fisrtlt let me welcome apple back and I am sure that the lenders have now said ' oh god' that did not work.

 

But I will not be able to post for awhile as my father-in-law died last night and I have to go to Devon.

But will try and keep in touch.

Sequenci,

Thank you for your comments but as you say you do not know this field nor have any knowledge of it in this area and believe me I have considered what will happen and what the courts could do, which by there actions so far is not a lot.

I do believe that my questions to IMS21 with regard to Andrew1 post is correct has not been asked.

 

I would like to see this though to the end one way or the other win or lose Both sides have a lot to lose may be some one should be saying that to the lenders??

 

So every one stay d and keep going.

 

Sorry to hear that isitme

[applecart]

I do not know Apple its all strange hearing from the court and not the lender or acenden?

 

I'm confused.... you reported back to us that the Claimant was required to submit details of who you owe the payments to.....

 

It is important for us to be sure.....it will not matter what the answer to this question is.....but non the less... we must be as transparent as we can be.....we do not want to misguide anyone....

 

Was the proceeding adjourned or not?......( it does not sound as though it was to be honest)...

 

Do you mind clarifying the position P.J?

 

Apple

[applecart]

Firstly My condolences Isitme to you and your family!

 

Welcome back Apple. Good to see u back!

 

Unram - have you served your application on your lender at the West Yorkshire address? Have they responded? I am still waiting to hear back but they have a few weeks to respond yet!

 

Thanks TimetogoRam

 

The LRR 2003 makes it a statutory requirement for the Lender to update HMLR with address changes.....if you have sent the application to the address on the deed.....which is all any one is liable to do.....and you get no response....then the lender runs the risk that he is not notified of any changes that may be made and affect his 'purportedly' legal 'mortgage'.....

 

It is free for Lenders to update HMLR with address change detail....... Why is this not happening.....??

 

If the lender has 'gone away'.....then you are unlikely to get a response to your application.....even though for all intent and purpose.....these lenders are 'trading' on paper.....that is...

 

Apple

[marika41]

Hi Apple, I will and am trying to learn everything I can so by the time it gets to court I will know what section of the laws and acts I am talking about, once my defence is in I can just concentrate on understanding properly about void deeds, thanks a lot

[applecart]

Hi Apple, I will and am trying to learn everything I can so by the time it gets to court I will know what section of the laws and acts I am talking about, once my defence is in I can just concentrate on understanding properly about void deeds, thanks a lot

 

This is why I keep pressing the point hun.....this is not a 'stroll in the park'...we are working to keep things as simple as possible....that's why it's best to stick to the drafted Defence if you can for now......at least that way, I know what has been said.... we will be able to determine the county courts attitude toward LiP's.... from the decisions that come back.....

 

Essentially...we are monitoring District Judges.....and the role they are actually playing in the judiciary system......and of course .... the impact and impression they give of the Judiciary system as a whole .......as the first point of contact for most court users....

 

Apple

[p.j]

I'm confused.... you reported back to us that the Claimant was required to submit details of who you owe the payments to.....

 

It is important for us to be sure.....it will not matter what the answer to this question is.....but non the less... we must be as transparent as we can be.....we do not want to misguide anyone....

 

Was the proceeding adjourned or not?......( it does not sound as though it was to be honest)...

 

Do you mind clarifying the position P.J?

 

Apple

 

hi Apple before i reply on the situation on this it would be essential i could have some form of private communication with you before i do.it is not to hide anything from the thread but is very important that i can get clarification on something before i proceed to update the thread.

 

pj

Edited October 29, 2013 by p.j
spelling

[applecart]

hi Apple before i reply on the situation on this it would be essential i could have some form of private communication with you before i do.it is not to hide anything from the thread but is very important that i can get clarification on something before i proceed to update the thread.

 

pj

 

Hi P.J

 

This is the 'difficulty' that we have.....

 

You could send an email to the Site team....and then they will email me.... I can understand where and why Caggers are not wholly trusting this means of communication......but, then; I'm fine with you simply ad-libbing on the thread......if you feel that to ad-lib...would give too much away....then, do not do so....

 

Give your likely response a lot of thought.... if it will compromise you at all in any way.....then, do not post up anything.... we will respect your right to privacy...ok

 

The important thing...is ... We have spotted an issue with a decision made at county court level.....

 

Apple

[bhall]

Not wishing to appear as if I want to disagree on everything but

 

An appointed representative is a person (legal or natural) that is not authorised by the FCA to carry out regulated activities but is able to use the authorised status of the principle to carry out those regulated activities.

 

Acenden is authorised by the FCA so it cannot be an appointed representative for Preffered, SPML etc when it is carrying out authorised activities such as "administrating a regulated mortgage contract.".

 

If you look at the Regulatory Processes section (sub section Sup Supervision - SUP 12.2.2 and 12.2.3) of the FSA/FCA handbook and section 39(1) of the FSMA 2000 it will confirm the above

 

http://fshandbook.info/FS/html/handbook/SUP/12/2

 

Who can be an appointed representative?

 

SUP 12.2.3

30/06/2004

FCA

As long as the conditions in section 39 of the Act are satisfied, any person, other than an authorised person, may become an appointed representative, including a body corporate, a partnership or an individual in business on his own account. However, an appointed representative cannot be an authorised person under the Act; that is, it cannot be exempt for some regulated activities and authorised for others.

Edited October 29, 2013 by bhall

[applecart]

Not wishing to appear as if I want to disagree on everything but

 

An appointed representative is a person (legal or natural) that is not authorised by the FCA to carry out regulated activities but is able to use the authorised status of the principle to carry out those regulated activities.

 

Acenden is authorised by the FCA so it cannot be an appointed representative for Preffered, SPML etc when it is carrying out authorised activities such as "administrating a regulated mortgage contract.".

 

If you look at the Regulatory Processes section (sub section Sup Supervision - SUP 12.2.2) of the FSA/FCA handbook and section 39(1) of the FSMA 2000 it will confirm the above

 

Thank you for this.....

 

Like I say it is an area that is new to me .....

 

What is not sitting well Ben, is that with Accenden being authorised by the FCA......it as you say...will not be an 'appointed representative' for preferred...etc....

 

How come they are to be found actually administering the 'mortgages' of these companies without approval from a 'Principal' Lender...and these are 'mortgages' that they cannot evidence as being originated by them.. .... where is the locus standi......the cause of action....?

 

Like I say....it a new area for me......any help will be greatly appreciated if you have more detail?

 

Apple

[MUTT1]

Hi sequenci,

 

All of the terms were in the mortgage offer, this was not signed by either party. Further references to terms and conditions were made on the mortgage deed. This, as is the norm (so it seems) was not signed by the lender.

[bhall]

There would more than likely be contractual agreement between the lender and the administrator in the form of a Mortgage Administration Agreement.

 

Preferred, SPML and the other Lehman offspring essentially never really existed except on paper, everything was administrated by Capstone who then became Acenden - I think the name change happened in 2010, but I would need to check that

 

In P.J's case who is the named claimant is it Preferred or Acenden ?

 

It should be in the name of Preferred

Edited October 29, 2013 by bhall

[citizenB]

I have tidied thread up by removing irrelevant posts regarding contact.

[p.j]

I have tidied thread up by removing irrelevant posts regarding contact.

 

 

would like to say thank you to all admin with the help requested.

 

 

pj.

[applecart]

There would more than likely be contractual agreement between the lender and the administrator in the form of a Mortgage Administration Agreement.

 

Preferred, SPML and the other Lehman offspring essentially never really existed except on paper, everything was administrated by Capstone who then became Acenden - I think the name change happened in 2010, but I would need to check that

 

In P.J's case who is the named claimant is it Preferred or Acenden ?

 

It should be in the name of Preferred

 

Thanks again Ben.... with out a doubt the claim will no doubt be in the name of 'Preferred'..... but the iniital claim will be dealt with by an Agent...... followed by the witness statements provided by staff from Accenden and their chosen Agent or maybe even a Solicitor or Barrister or all of them depending on how big a threat they believe the 'threat'/ defence is likely to be........

 

eeerrrm...I don't wish to say more...util I can be sure of more on this as an issue........?this will make sense to you....?

 

Thanks for your detail and insight so far on this one.... much appreciated ; )

 

Apple

[applecart]

would like to say thank you to all admin with the help requested.

 

 

pj.

 

Yes, I too would like to thank the admin team for their assistance......

 

P.J ..can you free up some space perhaps??

 

Apple