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I have only just discovered this site since having 8 properties taken over by LPA Receivers.

I am desparately trying to find out what to do next.

 

I read that I can make an Application to Court to get control of sales.

Please is there an expert who can tell me how to word tha application?

I am scared of making an awful situation even worse if that is possible!!!

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Kent Reliance Building Society

 

Like many others I have been devastated by my building society, appointing an LPA receiver. I have joined with other landlords and we are supporting George Eustice MP and his Secured Lending Reform Bill and we are drumming up suport from other landlords to fight this dreadful situation.

 

I would like to hear from anyone else who is with the Kent Reliance Building Society and has been affected by their decision to appoint an LPA Receiver. They boasted to me that they had, 'done this to a lot of people' and if you are one of those people I would very much like to have contact with you.

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Since LPA Receivers were appointed over my eight properties in May 2010, my debt has increased by around £120,000 due to the receivers costs and works carried out on the properties, some of which were not necessary.

 

Because the rent they were collecting does not cover the costs, they send invoices to my building society, Kent Reliance, who add the amount to my mortgage account and send a cheque off to the receiver.

 

Has this happened to anyone else and does anyone know if it is legal for someone to be increasing the amount on, what are still my mortgages? I cannot find anything in the Law of Property Act that relates to LPA Receivers that says that they can do this.

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We have been wanting to take out an injunction against our lender and the LPA receiver from the time the action was taken against us 18 months ago but our barrister has always said that we do not have grounds to do this so I am interested to hear that others are taking this step and would be interested to know of the progress of the action.

 

Can anyone help with a new situation we have encountered with one of our properties in LPA Receivership please? The neighbour has put in a drive and taken some of our land. We have spoken to the tenants in our property and they said they have notified the receiver but does anyone know if it is for us to take action against the neighbour or if the receiver has the authority to do this.

 

I would be grateful for any advice.

 

Thanks, keates

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i would be interested to hear the outcome of this when you eventually do decide to start an action , i think it should be you send notification to MX asking them outright what actions are they going to take in the negligence of their appointed administrator and see what they have to say but in the meantime i would be asking the planning officer for the council to take action against this neighbour especially if he has applied for planning permission to do any work ie extentions etc.. see what comes of this ... you need to start your injunction asap

patrickq1

ps , whoever advised you that it would be a waste of time i would be questioning their cappacity and knowledge to make them presume you cannot take out an injunction against MX and their agents ..you should be looking for a new legal council by the sounds of things the one you have got does not seem very competant


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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We had a meeting in London last year with a few landlords and a barrister and George Eustice MP who has the Secured Lening Reform bill up for it's second reading in parliament this month. I feel very strongly that we should pull together but, although everone at the meeting was very keen, nothing has happened since. I certainly think that we need to get together and make as much fuss as possible. Those of us who didn't give up, (and many did fold under the weight), need to start pulling together! We have each been struggling and doing all we can think to beat this dreadful injustice. I have had nearly two years of it and many have been suffering much longer. I have signed your petition and I am willing to do whatever it takes to beat this.

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Hey Keates,

Hope you are well!

Some of us are still fighting on but believe me its getting a little hard to breathe now. The only way we can persist is to fight on and gather everyone to join in like you say.

I am arranging a little meeting in London this week if anyone wants to join in to see if there is anything we can do about this injustice.

Speak soon

  • Haha 1

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hi keates

nice to hear from you. i have just pm'ed you. i am with chillinlong on this one.

 

lets get this action going. I will fight to the very end. its obvious that ukar are stronger because so far they are picking us off one by one. united we stand.

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Good to hear from you. Please can you tell me more about the meeting? You probably remember that we are not with the same lender as most of the rest of you but the principal is still the same and once we crack it we will all benefit - and we will get there in the end I am convinced!

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http://epetitions.direct.gov.uk/petitions/30563

 

Our network of friends who have be wronged by lenders are growing. Please support the e petition!!!! The public think that as we are landlords, we must be 'rolling in it'!

 

The lenders are using the public hatred of landlords against us. They know that no one will care for what we think. We need to fightback and state our side of the story. People ignore that fact that a lot of us saved to start off with one property. Many forget that whilst they were sleeping, we were up late at night doing basic refurb work into the early hours of the morning. Do not let lenders take away your future! Your properties are not just bricks and mortar. They are built with blood and sweat. They will become your pension, if not already. They can be passed on to your descendants as a legacy for their future!

 

Back up your moans with action. I AM ONE A FEW WHO HAVE A DEAL AND NO RECEIVERS ARE INVOLVED! However, I will not simply dissapear from this forum/ thread because injustice is being done on all of us. UKAR/ MEx or which lender cannot keep my mouth because i am telling the truth.

 

All I ask is that those that read this thread come forward and lets fight as one!!!!

Edited by stevethebroker

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I'm with you! Come on the rest of you - join the campaign! Even those of you who felt they had been beaten and gave up, please, please get behind us. We need as many as we can rally to help us beat this injustice! I am sure many landlords gave up the day they received the letter telling them the LPA receiver had been appointed - we need you as well. We were all hard working decent people until these leaches came along. COME ON - LET'S SHOW THEM WHAT WE ARE MADE OF. WE WORKED 24/7 TO GET WHERE WE WERE, THAT'S MORE THAN CAN BE SAID FOR THE PEOPLE THAT DID THIS TO US! WE CAN BEAT THEM!

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You will have to look at the terms and conditions that were in place when you took out the mortgage, nut from what I can gather these LPA Receivers do as they please - Lawful or unlawful, because they are confident that the average individual will not know the difference.

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If you have been affected by the appointment of LPA Receivers, please, please join us in our fight to get justice and to stop further hardships. We are gathering strength and we will get there but we need as much support and force that we can get. So please make contact either by CAG or by sending me a private message. There is a great deal being done right now and you need to be part of it. If you were one of the many who just 'gave up' because the struggle got the better of you, please find the strength to make one last effort. Don't let them get away with ruining your life. I look forward to hearing from you.

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I have posted in this forum as it is the closest to my problem.

 

 

My building society placed some of my buy-to-let properties into LPA receivership and following this I did an SAR on them.

 

 

One of the documents I received was a Particulars of Claim that was sent from the commercial lending department to the legal department

and on it, in answer to the question, 'What is the reason for the proposed action'

(initially they threatend court action for re-possesion)

the answer had been given, 'numerous letters have been sent'

- inferring that they had written numerous letters to me about the alleged arrears.

 

 

I in fact had received no letters and when I ask the building society for copies of the 'numerous letters',

 

 

I was told by email, that there were no letters and this statement was an error.

 

 

The particulars of claim was never used in court as the building society changed direction and did not go for re-possesion

and did not have to apply to court before appointing the receiver but the statement on the particulars of claim

by the commercial lending depatment was false but it seems it influenced the legal department in the action it took against me.

 

 

This happened over two years ago and has cost me the loss of my business and literally hundreds of thousands of pounds.

 

 

Please can anyone tell me if falsifying documents in this way is something I can do anything about?

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Good evening,

 

As an ex-police officer, I can tell you that there is much you can do.

 

To start with to forge signatures or falsify statements is a Criminal offence and carries a maximum penalty of 14 years imprisonment!

 

I politely suggest that you contact the police immediately and make an appointment to see an officer from CID - DO NOT BE FOBBED OFF BY THE COUNTER STAFF...THEY ARE NOT POLICE OFFICERS.

 

GOOD LUCK, YOU WILL NEED TO PERSEVERE AND BE PREPARED TO ATTEND COURT - Ultimately this may lead to a Civil claim for Damages to recover your losses.

 

Kind regards

 

Dougal


Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Good Evening. Thank you for your advice. I will certainly make some enquiries in that direction

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Good Evening. Thank you for your advice. I will certainly make some enquiries in that direction

 

Follow Dougal on this one, and see what happens.


:mad2::-x:jaw::sad:

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Keates, Dougal is a star and knows exactly what he's talking about.

 

Now, I faced this problem and I piled a whole load of things into my court papers to defend an action and I used this false signature issue as a core to my defence. I suffered badly at the hands of a Judge who admitted she had not read my witness statement and only 'some' of my documents I had so painstakingly prepared over many months with all the supporting legal arguments only to be ruled against as counsel acting for me arrived with only 4 minutes to spare before the hearing and had not been briefed properly when he should have been there an hour before. Needless to say I am suing the barrister and putting in a complaint once this is over about the judge, but that's another story and digressing from yours. Lesson is, don't rely upon the judiciary and their servants to hammer home and get justice through any court.

 

I've worked closely with Dougal on this behind the scenes and he knows what he's talking about.

 

I will try and dig out some of the things you can rely upon and research, but this false statement business and dodgy documents I have suffered twice from. Once was a real Blue Peter job on an email which was used as an exhibit in court against me which I even had Microsoft employees telling me could never have been sent in the format it was produced in court as evidence as and I've been far too involved in more serious things to make much of an issue of it, but it changed events considerably and these white collar fraudsters feel they can do this and get away with it...don't let them IT IS FRAUD and if you google the word fraud you will find out exactly what that covers. It's anything which deprives another of money. It nearly cost me my house but for the grace of god and someone is going to pay dearly for this believe me. It's obviously cost you too so leave no stone unturned.

 

Let Dougal point the way and I'll see what I can find from my own workings. Give me a day or two.

 

A1


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Thanks Andrew1, I wonder if it will go against me that the Particulars of Claim wasn't actually used as evidence in court? I am fighting the actual outcome, which was the appointment of the LPA Receivers from many angles but I am a firm believer that it is quite often, something which seems quite insignificant at the time, that can turn out to be the trump card and I feel that the false statement on the Particulars of Claim was pivotal in my downfall. I think it is even more sinister than it at first appears because whoever made the false statement was obviously hell bent on destorying me. It may not have been a personal attack but maybe he/she was trying to make a name for themselves. It happened at a time when the building society (Kent Reliance) was in financial trouble. They are a small society and they were bailed out by an American fiancier, J C Flowers and I think I was a 'victim' of the new regieme. I made a complaint to the Financial Ombudsman but I might as well have hit my head against a brick wall for what good that did and solicitors and barristers have cost loads of money and failed to 'crack' it so I am hoping this 'false statement' avenue, might get me somewhere. Thank for your input and I look forward to hearing from you again.

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http://legal-dictionary.thefreedictionary.com/fraud

 

You know the old saying keates " The devil's in the detail"? Well 6 years on cag and 3 major investigations behind me into 3 separate companies in finite detail tells me the more you read and re-read over your documents the more you find. I found the signature on a statement of truth to have been signed by a completely different person than the person who's name appeared as the " I Mark White...." who's name it commenced with. I even found the guy who signed it on face book, contacted him and got it confirmed the signature was his......it was entered into court in 3 bundles 3 times and who would have ever have known this was not the persons signature who purportedly submitted the Statement of Truth unless I'd seen countless examples of the real Mark White?

 

I'd looked at those bundles dozens of times for 3 years at least and never spotted it until one day it stared me in the face. You just have to keep returning to the same documents looking at every word, every phrase, every typed up detail including all the obvious things and check absolutely every detail. Once you've done that keep going back and soon the picture becomes clear. Just keep checking and never take any one thing for granted as being correct, check it, check it right through. We did this with licences, subsidiary and sister companies, legal department status with the sra, checked out the OFT, FSA, SRA, ICO, company numbers, traced and tracked everything and finally, we have our quarry. They are doomed, it's now just getting the final touches cleared with a high court judge and they are dead. The regulators, FOS and so on are all useless, you have to go the Dougal route, find the most effective and do not rely upon others to do it for you (official routes I mean) nail them with hard evidence and ram it home.

 

It won't matter about not being put into court, the mere fact it has had the reaction it has is evidence enough for a criminal offence to have been committed and it's for the police to handle, especially when it involves so much money and assets, let alone the personal trauma.

 

It's never easy, but you have to persevere and that is exactly what I am doing. Bring the beggars to account and you will succeed.

Edited by andrew1

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Thank you for your encouragement. I know what you mean about reading and re-reading - it's the only way and it's no good relying on anyone else. Solicitors and barristers might know the law but they only know what you tell them about your particular case. I am in the middle of court action at the moment. The LPA receivers are withholding information I requested in an SAR. The ICO actually came down on my side when I complained to them but the receivers will still not give me what I'm entitled to - of course they won't - they will hang themselves, they have wasted so much of my money they know I will sue them for negligence. The judge found in my favour but they have gone to appeal. The appeal hearing is in November. They have a barrister but I am representing myself and not doing a bad job of it in my opinion. I don't trust a lawyer to represent me as I am the only one who knows the facts. I have a few more things up my sleeve to hit them with at the appeal hearing so I hope it goes my way. I never stop serarching and researching. My future depends on it so I can't give up. I can't let them get away with it! The next thing I want to get stuck in to is the whole business of LPA Receivers. The law needs to be changed to stop these leeches. I don't know if you have come across them but if you have a minute, there is a forum on CAG if you want to know more. I think if you search on CAG 'Mortgage Express appoints LPA Receivers.....' you will find it. I have been in the buy-to-let business for 20 years and hadn't heard of LPA Receivers until it happened to me.

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Good morning all,

 

To A1 thanks for the compliments.

 

As for the main situation, 'fraud is fraud and no matter how you dress it up it is always the same at the end of the day.'

 

Not my words sadly but those of a leading Criminal Barrister, who also happens to be a very good friend of mine.

 

What is vital is to never let go of the fact that you have been deceived out of property (money) which belonged to you.

 

The legal definition of fraud runs like this:

 

A person commits fraud if he "dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it."

 

So what you have to do to prove the offence is 'complete' is this:

 

1. Was/were the action(s) of the 'suspect' dishonest?

2. Was there an 'appropriation' by the suspect? (was it transferred to the person committing the act, or did the person committing the act take it - whether physically or not is NOT needed to be proven)

3. Was 'property' obtained? (money is held in Law to be property.)

4. Did the 'property' belong to another (in other words NOT the person committing the act).

5. What was the 'intention' behind the action of the 'suspect' (was he/she/they going to keep the property - or use it to give to someone else)

6. Did the 'suspect' expect to keep the 'property'. (this can be inferred from the actions of the suspect after the appropriation)

7. Did the 'suspect' deprive someone of something (a possible case for leniency might be that it was only borrowed by the 'suspect' - but this plea usually fails in view of the circumstances of the offence)

8. Was there ever a situation in the instant offence of the likelihood of the property not belonging to the complainant. ( a strange viewpoint, but vital to prove from the outset that the victim owned the property 'with full title' - in other words free of any loan agreement/mortgage/hp/lien or any other restriction legally placed upon it from the start and without any constraints upon it.)

 

Once all those points are in place a conviction is virtually certain and a good Defence Barrister will advise the client to plead guilty at an early stage to mitigate against the sentence which will be imposed. Note: maximum sentence 14 years imprisonment.

 

So the next questions are what to do on discovery of the offence:

1. Go to the Police

2. Do NOT accept that it' is a Civil matter' - a CRIME HAS BEEN COMMITTED!

 

As for the Civil side of things, these are always dealt with after the Criminal matters are heard. Criminal cases take precedence over Civil cases.

 

Hope this helps,

 

Best wishes to all

 

Dougal


Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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It has been brought to my attention that the LPA Receivers Appointment Document should be signed on behalf of the bank or building society, in accordance with the Companies Act 2006 which provides that a document is executed by a company by the affixing of its common seal OR by signature by a director of the company in accordance with subsection (2), which requires signing on behalf of the company either by two authorised signatories OR by a director in the presence of a witness who attests the signature. Section 47 of the Companies Act 2006 permits a company to sign by an attorney of the mortgagee under section 7 of the Powers of Attorney Act 1971. If your receivers letter of appointment has not been signed as required, you should be questioning the validity of the appointment.

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Hi Keats, Thanks for info.

Can you please help with these Q's

Chelsea BS unreasonably refused payment in full of 3mths mortgage arrears and instead appointed Allsop Fixed charge Receivers.

They have put my BTL for sale £30 K less than my outstanding mortgage, no court, no permission from me, how can I stop it ?

Should the Lender or the LPA have provided me with a copy of the LPA Appointment Document ?

Is a BTL a Commercial or a Residential Loan ?

Thanks

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Following a court judgement in my favour, that my LPA receivers do not have the power of sale even though they have 'sold' five of my properties, I would suggest that if you have had LPA receivers appointed by your lender, then you should carefully check to see if you are in a similar situation.

 

My receivers letter of appointment clearly stated that they had the power of sale but the mortgage deed does not EXPRESSLY set out an agreement between me and the lender that the receiver, if appointed, is to have the power to sell the property.

 

PLEASE CHECK TO SEE IF YOUR MORTGAGE DEED AND ANY OTHER WRITTEN CONDITIONS ON WHICH THE MORTGAGE AGREEMENT IS MADE, EXPRESSLY SETS OUT AN AGREEMENT BETWEEN YOU AND THE LENDER THAT THE RECEIVER, IF APPOINTED, IS TO HAVE THE POWER OF SALE.

 

Please, would you post on CAG, or send me a private message, once you have checked, so that we can see how widespread this problem is. George Eustice MP, is also aware and the information you give could be very important.

 

Thank you

Edited by citizenB

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