Kent Reliance Building Society & LPA Receivers are increasing my mortgage debt

[Gemma.]

That is marvellous, I wish I could pm and ask more, I will have to get posting. I am in the middle of an LPA thing and your post sounds just the ticket. Do you know the actual law I would need to quote or the case precedents please?

[keates]

I have a barristers opinion on this and she represented me in court and won the case for me. Which bank are you with?

[keates]

please could you give your opinion on what happened with my LPA receivership.

 

 

The letter of appointment contained the extended power for the receivers to sell the properties

but we later found there was no express term in our mortgage to allow the bank to confer the power on the receiver

and we received a court judgement preventing the receivers selling any more properties..

 

 

..by this time they had already 'sold' five! Would the fact that the bank had breached the contract by conferring the power of sale invalidate the appointment?

 

Also we tried to claim the appointment was invalid because it wasn't signed in accordance with the Companies Act but because it was a building society their barrister claimed it wasn't controlled by the Companies Act. The appointment was signed only by the financial director and was not sealed. Thank you

[keates]

I had interest only BTL mortgages.

 

 

I got to a situation where I had overpaid so owed less than I borrowed ie I had paid off some of the capital on interest only mortgages.

I asked my bank for a breakdown of my accounts so I could see how I had arrived at this situation

but they wouldn't provide this information so stupidly, I cancelled my direct debits and

 

 

after two months, the bank took action against me because they said it didn't matter that I owed less than I borrowed on interest only mortgages.

..I had missed two monthly payments so was in arrears by £18,500.

Incidentally, the bank set the amount of monthly payments I had to make so had put me in this position.

 

This led to a catastrophic chain of events resulting in me losing all my properties and being left with a debt of £328.000.

 

Please can anyone tell me if in law, it is possible to be in arrears when you owe less than your original facility on interest only mortgages even if you miss monthly payments?

 

If a tenant overpaid on his/her rent than missed a couple of months to get back on track, they couldn't be taken to court for arrears even though their contract would say they had to pay a certain amount each month.

 

I'd be very grateful for any information, thank you.

[keates]

I don't know where to post this. It's a bit of a long shot that anyone can help but here goes:

 

My LPA Receiver illegally (another story), sold one of my properties. For some reason that I can't get to the bottom of, the conveyancing solicitor transferred all but an access passageway to another title and left the passageway on the original title and still in my name. The conveyancer then submitted an AP1 to the Land Registry for the rest of the property and this stated the sale price as being £101,000. Then a TP1 was submitted to the Land Registry but this time the sale price was stated as being £94,995 and this is the price entered on the new title deed.

 

My LPA Receivers who signed the TP1 with £94,995 on it insist they received £101,000 and can't understand why I am querying it when on the face of it, it looks as though the receivers were paid £101,000 NOT £94,995 which should be to my advantage but I think something underhand has gone on and if the LPA Receivers are manipulation accounts, I need to know.

 

Can anyone work out what might have happened here please?

 

Thank you

[citizenB]

I will try and find someone who can help you, it might not be until a bit later on when those who advise in this section are home from their day jobs.

[citizenB]

Could you please provide a little more history, especially in respect of the LPA acting illegally.

[keates]

LPA Receivers were appointed over my eight BTL properties when I was in dispute with the bank. I still dispute the banks claim that I was in arrears by £18,500. All my properties were in excellent condition and positive equity. The properties have now all been sold and I have been left with a debt of £328,000. I have lost my home and my lively hood. I live in rented accommodation and survive on benefits and a £15 a week hand out from a local charity.

 

When the bank appointed the LPA Receivers, they conferred the power of sale. The receivers 'sold' five of my properties before I received a court judgement in my favour forbidding them selling anymore . The mortgage deed did not contain the express term to allow the bank to confer the power of sale. The Land Registry admitted it had made an error when it allowed the receivers to transfer three of the properties, the other two 'sold' by the receivers were transferred by the bank as mortgagees in possession. The bank then went on to sell the remaining three of my properties.

 

I also believe, that when the bank acted as mortgagee in possession while the receivers were still appointed, the receivers became the bank's agent not mine and therefore, the bank is responsible and liable for the receiver's actions.

[dx100uk]

yet again various threads merged on this same issue that has been going on since 2010

 

 

please keep to one thread

as it makes a mockery of those that have in the past tried to help you.

 

 

dx

[andrew1]

 

a) I have lost my home and my lively hood. I live in rented accommodation and survive on benefits and a £15 a week hand out from a local charity.

 

b) The Land Registry admitted it had made an error when it allowed the receivers to transfer three of the properties, the other two 'sold' by the receivers were transferred by the bank as mortgagees in possession. The bank then went on to sell the remaining three of my properties.

 

 

I can't help on the technicalities behind this keates, but if I may say, in

 

a) above, this is typical British banking at it's best, you obviously have entrepreneurial skills if you've got so far as to having eight properties and renting them out only to be knocked down and had it all taken from you by greedy bankers and receivers. I came across this attitude myself so many times when in business over 30 yrs, deal killers, the lot of them. I sympathise and empathise with you and it's damned hard getting back to where you left off so sue the feckers for all you can once your situation allows and make them account for themselves till the end.

 

and in b) Well, I'd suggest you might have a case against the Land Registry if they've admitted an 'error'. Error my foot, these are people who should know better given the resources they have and expertise. I've given up believing some of these banks and professionals make 'errors' - funny how these errors always seem to cost us rather than them and thereafter they try and pass the buck on to someone else.

 

As you say, you lost your livelihood and everything you worked for, you can either walk away and let them get away with it drawing a line in the sand to get on with your life (which is what my wife encourages me to do continuously), or you can make them account for themselves and pay for their 'errors' that put you where you are now, (which is exactly what I am doing!).

 

No assumptions, no guesswork, no what I would like things to be when they're not, just pure and hard FACTS and the Truth - stick to the FACTS, tell the TRUTH, provide the documentary evidence and hammer the feckers!

 

Research, then hammer, I tell you, it works wonders. I wish you luck in delivering them and getting back on your feet.

 

A1

[keates]

Your response is very off hand! My case is very complicated and as this was to do with Land Registry it didn't seem appropriate to post it anywhere else! But I'm sure you know best and will deal with it!

[keates]

Thank you Andrew1, I've been fighting for five years now and can't give up. The deeper I dig the more I find out about their underhand ways and bullying.

 

Were you affected by LPA Receivership?

[andrew1]

Were you affected by LPA Receivership?

 

No, just oppressive bankers who knew little or nothing about business apart from their own profits in reality which resulted in a liquidator being appointed which got nobody anywhere except killing-off 10 years of damned hard work,which led to more oppressive unsupportive bankers who cared nothing about the realities of life in general.

 

I too can look back and see where things went badly wrong and how things could have been so different had these so called 'professionals' we trusted been honest and transparent.

 

Since then I have dug and dug for information, some of it coming quite unexpectedly when I asked uninvolved individuals further down the pecking order for simple answers and been supplied the answers in bucket loads in the form of written documents by the culprits themselves I had been asking years back... denied me by those clever feckers who thought they could hide it from me. I now have the bulk of what I need and as the old saying goes " All things come to he who waits" ..Payback time has come...as will yours if you never stop asking until you have the answers you need and the documents and laws/case laws/regulations etc...to support it.

 

That's the thing with these bankers and liquidator/receivers, they just move on to the next sucker and watch their money come in...they should look over their shoulders now and again to see the likes of you and me coming..they might learn a thing or two.

 

I've dealt with those types of individuals, both professionally and on the receiving end, who you are now having to deal with having been in the Credit Industry myself for 30 yrs and running businesses which some survived, others didn't so I know where you're coming from.

 

I can't help you personally as I'm up to my neck in other things, but you stick with it, that's all I can say, because persistence pays, just don't play their litigation games, that cost me a fortune, always look outside the box. That's something they rarely do....

 

A1

[keates]

I totally agree about the litigation game. I think that's why I'm still here fighting, five years on. Had I tried to get them in court they would have won, hands down. How can they fail with the top lawyers and barristers working for them and a judicial system supporting them?

 

I've even been threatened with an Harassment Order for telling the truth on Twitter and they tried to sue the BBC for Defamation of Character when the BBC ran this article on me http://www.bbc.co.uk/news/uk-england-kent-25889308. The bank told the BBC a load of lies but the BBC didn't back down. I've just sent the BBC an SAR to find out what lies the bank told about me. They have already lied to my then MP.

 

The only way to 'get' them is by pure grit and tenacity.....................they didn't know I had that when they did this to me and I guess the same with you.

 

Good luck! x

[andrew1]

 

Good luck! x

 

 

Thanks, fortunately I don't need luck any longer, I've got all the evidence I need. It's they who now need the luck.

 

A1

[keates]

Please can anyone tell me if an offence has been committed by a creditor issuing a statutory demand knowing that they have already received the money claimed?

[obiter dictum]

Well i would apply to the court to set it aside on those grounds

 

Then bill them on an indemnity basis as a vexatious litigant

[keates]

I succeeded in having it set aside but I had been disputing the debt for months. When I was waiting to go before the judge as litigant in person, their barrister came over to me and said 'my clients wish to withdraw the demand' but I did not trust them and elected to go before the judge. As soon as we got into the courtroom the barrister asked the judge for permission to speak and he told the judge that he had only just been made aware by his clients that they had already received the money.

 

They were LPA receivers and they had added the money to my mortgages and will have added their legal fees for this case to my mortgages also.

[citizenB]

It is an abuse of process, yes.

[AndyOrch]

Hi keates

 

Ideally you should have asked for counter costs on the day ...as for the fees being added to the mortgage account....will have to take that up with the LPA as I assume costs were dismissed also....not that there should be any costs involved in issuing or attending a set a side from the Petitioner.

 

Regards

 

Andy

[keates]

It's been suggested that I might have a claim under the Consumer Credit Act 1974 s140 a, b & c - Unfair Relationships - concerning the way I have been treated by my bank over buy to let properties. Any information would be appreciated

[Bogman63]

Keats ate you still fighting?

[keates]

Yes I am. Five and a half years now and won't give up

[keates]

I keep reading about LPA Receivers being appointed jointly and severally and what your mortgage deed states. Please can anyone advise......my LPA receivers were appointed JOINTLY but my mortgage deed says nothing specifically about being able to appoint LPA Receivers, it just refers to it's remedies under the Law of Property Act 1925 section 109 so it does not state jointly or jointly and severally. Also, as my LPA Receivers appointment states they act jointly, does it mean that they both have to sign and authorise ALL documents. Thank you

[honeybee13]

I keep reading about LPA Receivers being appointed jointly and severally and what your mortgage deed states. Please can anyone advise......my LPA receivers were appointed JOINTLY but my mortgage deed says nothing specifically about being able to appoint LPA Receivers, it just refers to it's remedies under the Law of Property Act 1925 section 109 so it does not state jointly or jointly and severally. Also, as my LPA Receivers appointment states they act jointly, does it mean that they both have to sign and authorise ALL documents. Thank you

 

Hello keates.

 

Do you already have a thread about this please? It would be better not to hijack someone else's.

 

HB