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Repossession questioned by deeds not being signed


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Lamb Case

 

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Edited by ims21

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Heres another one for you BEN, er you WILL SEE IT IS SIGNED!!!!

 

 

Date:

Company: The Mortgage Works (UK) plc

Registered in England, Registered Number 02222856

Registered Office: Nationwide House, Pipers Way, Swindon, Wiltshire, SN38 1NW

Mortgage Conditions: The Company's Mortgage Conditions 2009

Borrower:

Property: Title No:

1. This Charge incorporates the Mortgage Conditions a copy of which has been received by the Borrower.

The Borrower hereby acknowledges receipt of:-

1.1 the advance (as defined in the Mortgage Conditions) or where the advance is made in instalments the first

instalment of the advance; and

1.2 a copy of the Mortgage Conditions and confirms that he has read and understands them.

2. The Borrower with full title guarantee charges to the Company with the payment of all moneys payable by the Borrower to

the Company under the Mortgage Conditions:-

2.1 by way of legal mortgage the Property.

2.2 by way of fixed charge all shares rights benefit and advantages at any time arising and/or vested in the Borrower in: -

a) any residents' or management company connected with the Property;

b) any company in which the reversion immediately expectant upon the determination of the term created by any

lease under which the Property is held is vested.

2.3 by way of mortgage the benefit of the landlord to and in the occupation leases (as defined in the Mortgage

Conditions) and the rents (as defined in the Mortgage Conditions) together with the benefit of any guarantees,

indemnities, rent deposits or other security held from time to time in respect of any of the occupation leases

provided that nothing in this subclause shall constitute the Company as mortgagee in possession.

3. This Charge secures further advances.

4. The Borrower hereby applies to the Registrar to enter the following restriction against the title referred to above:

"No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent

signed by the proprietor for the time being of the Charge dated [this charge] in favour of The Mortgage Works (UK) plc

referred to in the Charges Register" in accordance with condition 4.9 of the Mortgage Conditions.

Signed as a deed by the Borrower in the presence of the Witness.

Form of charge filed at HM Land Registry under reference MD842LNote: Receipt not to be used for registered charges

The Mortgage Works (UK) plc acknowledges receipt of all moneys intended to be secured by the within written deed

IN WITNESS whereof The Mortgage Works (UK) plc has caused this receipt to be executed

this day of 20

Signed on behalf of The Mortgage Works (UK) plc:- Authorised Signatory:

Authorised Signatory:

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I think Kegi need's a cup of tea, can you make him / her one ;-)

 

Do you know...funny he/she didn't ask for one.... How strange...everyone knows I make a good cup of tea ; )

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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Lamb Case

 

[ATTACH]47617[/ATTACH]

 

[ATTACH=CONFIG]47618[/ATTACH]

 

Thank you so much..... : )

 

Much appreciated....

 

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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dON'T ALL RUSH AT ONCE NOW LOL

 

too late....I'm on it......lol

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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Oh and here is one from N I just in case they feel left out lol

 

Land Registry of Northern Ireland

---------------------------------------------------------------------------------------------------------------------------

Folio No: County:

 

Registered Owner:

 

Registered Owner

of Charge:

---------------------------------------------------------------------------------------------------------------------------

BARCLAYS BANK PLC acknowledges the receipt of all monies secured by

the within written Legal Mortgage

 

 

 

Dated this day of

 

 

 

SIGNED as a Deed and delivered by a duly

authorised Attorney for and on behalf of Barclays

Bank plc in the presence of:-

 

 

 

---------------------------------------------------------------------------------------------------------------------------

 

1 the Mortgage is comprised of the following Deed or Deeds:

 

DATE DESCRIPTION SERIAL NUMBER IN

REGISTRY OF DEED

 

 

you notice it has to be signed BEN

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Oh and here is one from N I just in case they feel left out lol

 

Land Registry of Northern Ireland

---------------------------------------------------------------------------------------------------------------------------

Folio No: County:

 

Registered Owner:

 

Registered Owner

of Charge:

---------------------------------------------------------------------------------------------------------------------------

BARCLAYS BANK PLC acknowledges the receipt of all monies secured by

the within written Legal Mortgage

 

 

 

Dated this day of

 

 

 

SIGNED as a Deed and delivered by a duly

authorised Attorney for and on behalf of Barclays

Bank plc in the presence of:-

 

 

 

---------------------------------------------------------------------------------------------------------------------------

 

1 the Mortgage is comprised of the following Deed or Deeds:

 

DATE DESCRIPTION SERIAL NUMBER IN

REGISTRY OF DEED

 

 

you notice it has to be signed BEN

 

Can I just point something out very quickly.......whilst the deed has to be signed by the lender...of that there is no doubt....

 

You will notice this deed says....

 

Barclays BANK PLC acknowledges the receipt of all monies secured by

the within written Legal mortgage

 

 

So, where's the issue you might ask?

 

Look again at the statement.... then ask yourself.....when is it that Barclays intend to 'acknowledge receipt of all monies'??

 

Then question....if you as a Borrower are paying in 'installments'..... there will be no execution of that document until ALL those instalments amount to the full balance of the loan.....right??

 

So, therefore....they don't execute it.....they can't execute it.....because essentially ....they say they will not execute it until ALL the money is paid in full.....

 

But, as a borrower... you took out a 25 year loan......Anyone managed to pay that 'final' installment???.......

 

NO!!

 

Everyone got or about to get a suspended possession order?

 

YES!!

 

Anyone's house been re-possessed before they get round to paying the final installment?

 

YES!!

 

Is the deed then signed/executed by the Lender..... (you know the same said Deed that they tell you they do not have to execute)

 

YES!!

 

FINAL QUESTIONS.....

 

IS THERE ANYONE OUT THERE WHO STILL THINKS THE LENDER DOES NOT OR DOES NOT HAVE TO EXECUTE THE DEED???

 

IS THERE ANYONE WHO REMAINS UNSURE OF WHEN THAT DEED MUST BE EXECUTED BY THE LENDER.....?

 

can those who say...'a lender does not have to execute the deed'.....please come forward and let us all know......Why are they Executing them them... (albeit quite wrongly - in their own time frame of course)

 

I've said it once, I will say it again....Lenders cannot be allowed to continue to have it both ways....we have found out....we are on to them....

 

Now where is that horse I was accused of 'flogging' again???

 

Good On YOU Is It Me......Thanks for bringing these 'deeds' to the forum ; )

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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I think I ve made my point now lol

 

And THEN SOME - lol

 

I do believe the cavalry and the reinforcement is in full flow.....

 

Just got to look at 'lamb' now.....just to seal the deed....no pun intended...lol

 

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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The one Ive posted IS THE ONE BARCLAYS USE VIA WOOLWICH WHICH THEY OWN

tHEY HAVE NOT DONE THERE OWN MORTGAGES FOR YEARS.

 

Hello It Is It?

 

This feels like déjà va

 

Barclays took over the Woolwich in 2000. The two banks ( as by this time the Woolwich was a bank) continued to operate separately - different computer systems, different account numbers and sort-codes etc until 2006, when Barclays announced the closure of all of the Woolwich branch network.

 

Following the closure of the branch network, Woolwich became the mortgage brand of Barclays.

 

As you will see the mortgage deed I posted is dated September 2010 - only three years ago but after the closure of the Woolwich branch network and was therefore valid at the time Woolwich was nothing more than the brand name for Barclays mortgages.

 

So I am completely lost at what point you are trying to make.

 

On a separate note, what is with the capital letters all the time ? It is the internet version of shouting. Relax Is It Me? Have a cup of tea with Apple and Kegi ;-), it will do you the world of good.

Edited by bhall

 

Yes Mark, I am Bones

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Can I just point something out very quickly.......whilst the deed has to be signed by the lender...of that there is no doubt....

 

You will notice this deed says....

 

Barclays BANK PLC acknowledges the receipt of all monies secured by

the within written Legal mortgage

 

 

So, where's the issue you might ask?

 

Look again at the statement.... then ask yourself.....when is it that Barclays intend to 'acknowledge receipt of all monies'??

 

Then question....if you as a Borrower are paying in 'installments'..... there will be no execution of that document until ALL those instalments amount to the full balance of the loan.....right??

 

So, therefore....they don't execute it.....they can't execute it.....because essentially ....they say they will not execute it until ALL the money is paid in full.....

 

But, as a borrower... you took out a 25 year loan......Anyone managed to pay that 'final' installment???.......

 

NO!!

 

Everyone got or about to get a suspended possession order?

 

YES!!

 

Anyone's house been re-possessed before they get round to paying the final installment?

 

YES!!

 

Is the deed then signed/executed by the Lender..... (you know the same said Deed that they tell you they do not have to execute)

 

YES!!

 

FINAL QUESTIONS.....

 

IS THERE ANYONE OUT THERE WHO STILL THINKS THE LENDER DOES NOT OR DOES NOT HAVE TO EXECUTE THE DEED???

 

IS THERE ANYONE WHO REMAINS UNSURE OF WHEN THAT DEED MUST BE EXECUTED BY THE LENDER.....?

 

can those who say...'a lender does not have to execute the deed'.....please come forward and let us all know......Why are they Executing them them... (albeit quite wrongly - in their own time frame of course)

 

I've said it once, I will say it again....Lenders cannot be allowed to continue to have it both ways....we have found out....we are on to them....

 

Now where is that horse I was accused of 'flogging' again???

 

Good On YOU Is It Me......Thanks for bringing these 'deeds' to the forum ; )

 

Apple

 

 

You might find that it actually relates to the discharge of the charge.

 

Yes Mark, I am Bones

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For the record some times the caps keys locks on, sorry about that I have posted about it before.

I have today spent the day going over my father in laws accounts boy there's a task

The accounts he had were with BARCLAYS so I took the deed with me and they stated its not one of there's and all their deeds are counter signed and sent off by the P A .

I ASKED YOU TO POST UP any OF THE HIGH STREET LENDERS DEEDS you did not do it only put up one from a rubbish site mis typed and out of line.

 

For the life of me and as I have state before why Ben why?

This is peoples live's here not a game.

You have been well and tu rely rumbled now.

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You might find that it actually relates to the discharge of the charge.

 

We know that Ben......

 

Answer this question.....which is supposed to come first....Delivery of the Deed? or the Discharge of the Charge?

 

Did the words not say....in relation to the execution of a Deed 'signed, Sealed, Delivered'? for the presumption of 'Delivery' to be in evidence?

 

Then do you not re-call opening up an entire thread telling us ALL...that a Lender does not have to Execute a Deed???

 

Then, prey tell...if they do not have to execute the deed... why are they doing so....'to discharge the charge'.....

 

Why are Lenders not just relying on the form DS1 and the form AS1 alone....those are the forms prescribed to Discharge a charge - are they not??

 

Remember... you are the one that says they do not have to execute the Deed ..... Can you now advise, why you would confuse the forms prescribed for the 'discharge of a charge' with the formalities of a Deed please..... ??

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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Been a long day, I will take a gander at Lamb tomorrow, look forward to reading all the interpretations that will come ;-)

 

I look forward to debating the case with you....

 

First observation stands out like a sore thumb......Preston County Court - on appeal from the Burnley County Court......Not binding on the First Tier Tribunal at all...there decisions have the same effect of any High Court......

 

Can't see that any Lender looking to rely on a District Judge or a Circuit Judges decision is going to help any Lender......

 

Mrs Lamb's application should have picked up on the findings in this thread and she should have framed her argument completely differently....section 2 does not apply to Deeds.....if she submitted the same argument....she will get the same response wherever she goes....imo

 

Just my 'first' observation.....

 

There will be plenty more......to reinforce that one... I can assure you... ; )

 

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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did you hear ben he asked for the DEED....

 

 

oh and ben i never said i didn't like you don't make assumptions or assume i don't or i did because that will make you no better than mr lowe mr LOWE DOWN.

 

oh yeah i need to add to this further how can you say that anyway i don't even know you personally?

 

pj

Edited by p.j

e-petition is live please sign it.. unlawful repossessions..!!!

http://epetitions.direct.gov.uk/petitions/56915

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