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    • So with a long working history, which she can evidence, it should not be a problem. Still have to go though HRT process for any benefit application, if they have been out of the UK for more than 6 weeks. It won't be a smooth process though. Suggest they try to get advice via Embassy, before they start any journey.
    • Dep Thx Eric's Brother. There was a person on this forum who told me his case was thrown out at the same court because of the contract. I requested more info, but he has disappeared since his case was dismissed.  I was just wondering whether it was worth whacking off a letter to IPS pointing out one of their members, using their logo, is making a claim based on illegal signage and other issues in contravention of their Code of Practice. Would they lean on VCS to withdraw, do you think?
    • Mother and father worked here and then went to SA in about 1978 returning to UK in about 1996 and worked here until 2016 when her husband died at age 66.  He was still working at the time.  She then went to live with daughter in SA.  Mother only claims for her pension. 
    • Thanks, I owe the money, no issue with that, I will SAR the company.  If I need to just pay it and have the CCJ for a few years so be it.  Just thought I'd explore all options
    • By the way you wrote that post, i can see that you are as confused by the situation as someone reading it. Important advice must be not to pay for any flights etc, until they understand the situation fully. Those that have British passports could be entitled to receive UK benefits. However, nothing is that straightforward. The passport does guarantee anything. The daughter could be entitled to Universal Credit ( which includes housing) as a British passport holder, but this can only be confirmed when she has gone through the Habitual Residency test (HRT). So you will need to read about HRT for British passport holders returning to the UK. There will be requirements to provide information about why they are returning to the UK and what work searches have they done to find work on their return to the UK. In regard to the mother who has a British passport, you will be correct in presuming that no council is going to be helpful in paying for the care home fees immediately on arrival in the UK. When did the mother last live in the UK ? When did the mother last work in the UK ? British embassy in South Africa may be able to provide information and assist with applications ? Just getting on a plane, landing in the UK and expecting help to resolve their situation, would be a silly thing to do. I can see the mother ending up in an NHS hospital for a period, while people wondered how they were going to deal with the situation. Probably not the first to do this, but if the mother also has a South African passport, they could put her on a plane back to SA and then the Daughter would be a difficult situation. Embassy in South Africa must be first place of advice.
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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1475 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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You may wish to check decisions in more recent cases that follow the precedent set by this case. I have made you aware of it, what you now do is down to you.

 

Thank you I will look. But that precedent relies on the Land Registration Act 1925 which was repealed by the Land Registration Act 2002.

 

I wish you well in whatever you do

 

Thank you.

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You have said they have committed a criminal offence : why be shy about saying which?

Otherwise, why mention it at all?

 

I refer the Honourable Member to the reply I made earlier.

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I refer the Honourable Member to the reply I made earlier.

 

Which reply isn't really any help to CAG'gers.

 

So, it was to scare them?

 

I bet they are quaking in their boots.

"He can't say which crime, nothing to worry about here, lads"

 

Or: imagine the scene: CAG'ger walks into a police station:

"Good Afternoon, Constable, I'd like to report a crime"

"Sorry to hear that Sir, I'll take details, do you know who the perpetrator is?"

"Yes, it is "

"And what is the offence they have committed?"

"Well, I can't really say. I read it on CAG, see, that failing to perfect a mortgage is a crime. I don't know what statute is is supposed to be against, but they posted twice to say it was, so it must be!"

 

If you are alleging a fraud, who has been defrauded?

If not fraud : what is the offence?

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I want to start a new thread can someone either getiut started for me or tell me how to start a new thread? There isn't a blue box anywhere to make the atert!

 

I want to start a discussion about what I believe are unlawful charges on my mortgage e.g. solicitors fees added the the mortgage.

 

Thanks in advance

 

george

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I want to start a new thread can someone either getiut started for me or tell me how to start a new thread? There isn't a blue box anywhere to make the atert!

 

I want to start a discussion about what I believe are unlawful charges on my mortgage e.g. solicitors fees added the the mortgage.

 

Thanks in advance

 

george

 

If you want to post about a specific mortgage company, George, there's a blue button at the top of this forum. top left. Here's a link.

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=80

 

HB


Illegitimi non carborundum

 

 

 

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My understanding of my situation (I don't know about that of any other borrower) is that there is no mortgage.

 

If I were to say only one thing, that would be: do your own research. Acenden have told borrowers that they (the borrowers) gave SPML an irrevocable power of attorney. That probably is not true. It is not true in my case. Look at the documents you SIGNED.

 

Yesterday I received a one-and-a-half-page letter from SPML's lawyers in which almost every sentence is misrepresentation, very easily seen off by reference to my bank statements, documents in the public domain, current legislation. But the letter is clearly meant to intimidate me into blindly and mistakenly accepting their version of things which is the wrong version.

 

Do your own research, people. Even the lawyers are going to "throw dust" in your eyes, being untruthful without compunction. You, the borrower, are Acenden's customer (on behalf of the lender, whoever it is), to whom they have a duty of care. But at the moment, they and their lawyers, seem to be treating borrowers as the "enemy".

 

hi, if you have some sort of valid claim, why not write about it here and provide full details?

you say you do not want to provide full details because the other side will read it here, - but, so what if they read? if as you suggest you have stumbled upon groundbreaking technicality with your mortgage then sharing your thoughts with others is more effective than simply saying - 'go do your own research'

 

How can you say that your mortgage company has forfeited the remaining payments because they have screwed up??? Many mortgage customers have had their mortgage screwed up from misselling in the Buy To Let market (probably the next PPI reclaim bubble) to other mistakes. Though, just because they have screwed up or made mistakes does not mean they have forfeited the right to have their money repaid.

 

Title deeds are now dematerialised.

 

It may help you if you were to google this word "subrogation" - If a bank sold your mortgage to another bank, then the new bank which has paid the older bank receives the same rights as the older bank - for better example just google the word.

 

As I've said, if you post your thoughts and concerns instead of saying go and do your own research, then you are more likely to receive further help.

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Good luck with that one Cosmos! It's been gone over time and time again, and put to court, but the end result is that you are not going to get something for nothing when it's a fixed asset.

 

I've done my own research, kept my house, fought the courts and SPML before they became wider knowledge, and after.

 

Their conduct seems to be overlooked by the 'regulators' and needs massive improvement and recourse for those affected,

 

If you're getting letters and facing legal action then you need to focus on your own personal situation first and stop grasping at straws. Once that is stable, and you still have a roof over your head, then you are in a far better position to pick faults.

 

 

At the moment you are just digging a hole with no idea how deep it will go or where it will lead.

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At least one English county court is issuing suspended possession orders (SPOs, in respect of mortgaged premises) published on faked court forms. Any court order that is published on a faked form is no more enforceable that if it were printed on the back of a bus ticket. But, I suppose, most people served with an SPO - if they did not have a genuine copy of the relevant form to compare it with - would not at once notice that the court form was faked.

 

I have made a formal complaint to HM Courts & Tribunals Service and requested that this practice cease immediately but I would also like to try to work out how widespread this abuse is and how long it has been going on.

 

If you have a suspended possession order (re your mortgage) that is still in force, would you like to post a scanned copy (with your details blanked out) to this thread?

 

As to WHY this is happening, I can only guess at the moment. The reason may not be the same in every instance.

 

Thanks.

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What is making the forms fake ?

 

Lack of Court seal, And/or wet ink signature ?

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What is making the forms fake ?

 

Everything except the heading. Below that, what is there and what is not there (but should be there).

 

If all that is wrong with an order is that it doesn't have a Court seal or a signature, that doesn't make it fake. I am talking about counterfeit court forms.

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Surely if the form was "faked" then there would be no hearing when one turned up at the court ?


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Surely if the form was "faked" then there would be no hearing when one turned up at the court ?

 

One would think so, wouldn't one?

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Faked as in, by the mortgage company?


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Faked as in, by the mortgage company?

 

It seems to me that they are the only party who would benefit from doing this. Their solicitors are "Centre users" of the Claims Production Centre. It would not surprise me if the solicitors gave the mortgage company their log-in details. And it would be very easy for a wealthy and powerful company to arrange for the genuine N31 template to be over-written by something else. The question that interests me now is: how many firms are generating suspended possession orders (and other orders and notices) on counterfeit court forms.

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but it doesn't really matter....


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

 

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but it doesn't really matter....

 

Hahaha - yeah, on conviction, up to 10 years in prison for faking court documents "doesn't really matter" (Fraud Act 2006).

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I have reported several companies for sending out fake court documents and not one has been investigated. If you can prove that you have been treated unfairly by a court as a result of a fake document then you will stand a chance of getting a new hearing, nothing more. there isnt the financial interest to bother with this small time crookedness

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I have reported several companies for sending out fake court documents and not one has been investigated.

 

You are thinking of the debt collection companies and/or the legal departments of banks etc. I am referring to fake court documents produced by HM Courts & Tribunals Service. A completely different kettle of fish.

 

If you can prove that you have been treated unfairly by a court as a result of a fake document then you will stand a chance of getting a new hearing, nothing more. there isnt the financial interest to bother with this small time crookedness

 

I can and I have. This is not small time crookedness - it is an attempt to undermine the whole panoply of the administration of justice and siphon £ billions out of the UK economy and evade tax. And I am not interested in "financial interest": I have a strong social conscience.

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Back in June 2015, I filed and served some payment proposals to pay off the whole of the outstanding balance of the mortgage. Acenden and co did not respond in any way (breach of MCOB) but my letter was included in the Claimant's evidence bundle for a hearing at the end of October 2015. The judge began the hearing by admitting that she hadn't read the bundle, and as the hearing went on it became painfully obvious that she had no idea that I had made these payment proposals.

 

When the court order was sealed and issued, it was on a fake court form and said nothing about my payment proposals. So Acenden do not have an enforceable court Order. I made the payment that I had offered, anyway, in the normal way, to Eurosail: the whole of the outstanding balance of the mortgage.

 

Acenden's quarterly mortgage statement arrived yesterday (I had to ask for it), and I was astonished to see that they have used half of my redemption payment (which should have been used entirely to reduce the outstanding balance to zero) to pay their own - disputed - charges and costs. Despite the fact that they have no valid court Order to allow them to do so. They have also resumed charging interest on the fabricated "outstanding balance".

 

These people should be run out of town.

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:evil:

 

Indeed. As the FCA Handbook makes clear, lenders have to allocate borrowers' payments to (1) the balance of the mortgage, and only then to (2) interest and (3) charges. Acenden should have treated my lump sum payment exactly as if it were a payment towards a shortfall or an over-payment. It is not their money to pay themselves with first.

 

https://www.handbook.fca.org.uk/handbook/MCOB/12/4.html

 

MCOB 12.4.1BR26/04/2014

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A few excerpts from Land Law (2011), by Gray and Gray, OUP.

 

the equity of redemption remains as the inviolable and irreducible entitlement of the mortgagor. The equity of redemption clearly also ranks within the category of 'possessions' protected by ECHR Protocol No. 1, Art. 1 (see Horsham Properties Group Ltd v Clark (2008))"

 

"... Under a post-1925 legal mortgage the mortgagor retains his full legal title in the land (subject to the mortgage charge)"

 

It is a cardinal principle of the law of mortgage that the mortgagor has a legal right to redeem the mortgage on the redemption date fixed by the mortgage deed. Once that date has passed, the mortgagor enjoys an equitable right to redeem at any time ...

 

The right to redeem in an inseparable incident of the transaction of mortgage and the 'one matter that the mortgagor can insist upon is that, on redemption by payment, he gets back his security' (Cheah v Equiticorp Finance Group Ltd (1992) per Lord Browne-Wilkinson). The starting point here is that the sum total of the mortgagee's entitlement comprises, quite simply, the return of the loan principal together with interest and costs, and that any attempt to extract from the mortgagor some superadded obligation is inherently dubious.

 

... the mortgagor must always be able, by the mere act of full repayment, to free himself from the totality of the burden imposed by the mortgage.

 

... upon cesser of the mortgage term by redemption, the mortgagor's estate in the land must be unencumbered

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