SPML/LMC anyone claimed for mis selling and unfair charges?

[ryde]

nabl

if it is possible to get an application for a restriction registered on the property this will stop the registration of the spv charge.The process then is that the spv will object to the application which means automatic referral to the land registry adjudicator not the courts, purely on the grounds of law surrounding the application for the restriction ,this alone gives you the power to negotiate.To get the land registry to accept the application you must have an interest in the charge,this is why i am asking for legal help.the 2 grounds I have proposed are:

1) transfer from regulated to non regulated loan

2) sppl owe you money for arrears charges/fees etc this obviously depends on personal situations.

The administration by capstone is just that they collect payments and send nasty letters sppl's rights have not been assigned to them.

I appreciate your frustration i am climbing the walls at times,this is now real time and we all need to concentrate on this problem alone especially the legal side.

I am familiar with beneficial and third party interests against a registered proprietor,this is a new one because you have to show you have an interest in the registered charge (an interest you granted in your property) which is tricky as you gave it them in return for a sum of money,so how have they transgressed? as i say the 2 things are continual non performance of mortgage contract through unfair fees etc and the proposition to move from regulated to non regulated lender.

We need everyone in their own future interests alone to concentrate on this subject.

Edited January 8, 2010 by ryde

[enoughisenough]

Que Pasa...?

 

Ryde.

 

You know this stuff better than almost anyone. I know you are climbing the walls and tearing your hair out but so are many of us and we have posting extensively on all kinds of stuff for months now. FSA TSC OFT FOS UTCCRs CCA CJC E -v-L and all the rest.

 

Something is afoot so think about the wider picture here - from every corner people are coming together. There seems to be some kind of critical mass happening going on here. Even IATWB with his/her 'blunt' approach has "told you I was gonna do something...".

 

There is SO much weight on our side here it seems a nonsense not to carry it through. The point is NEVER whether it succeeds or fails. The point is, as I have always said, TIME and PRESSURE.

 

On the one hand I DO care that the FSA are useless window dressers. On the other hand I DONT CARE as long as it is out there and they know they are coming under pressure to get their game up in favour of the consumer. Token fines? Yes. Can you imagine even the GMAC-RFC penalties and compensation even 2 years ago? So whilst all this effort is for (near enough) nothing - that is what they want us to think. FSA? Useless. Won't bother...Even if I did who would listen?

 

This self defeating cynicism (NOT YOURS) really gets my goat.

 

Please construct a letter - no matter how rubbish - and I can promise this - I can edit and polish in a flash. I know how to write, though from most of my posts you would not know it. ONE PUSH. WE THEN GET IT RIGHT. That's it.

 

Please?

 

PS PM me a draft - no matter how thin - so I can ask useless questions in order to refine. Then we can get it on open.GO GO GO!

[ryde]

Eie

after careful review have sent a simple draft pm to you for your opinion,restriction needs legally qualified input and could be costly at the moment,think this draft is best option and free and simple for all to try.

BEAR THIS IN MIND THE LAND REGISTRY WILL NOT UNDER ANY CIRCUMSTANCES GIVE YOU LEGAL ADVICE SO ANY LETTER TO THEM CANNOT ASK A QUESTION.

kegi

how are you in the big freeze up,no kilt now I BET!

 

for a quick explanation of how the registry works and why it is so important read this.

You are here: Publications and Records > Select Committees > Merits of Statutory Instruments > Merits of Statutory Instruments

Select Committee on Merits of Statutory Instruments Seventh Report

 

SI 2005/1766 Land Registration (Amendment) Rules 2005

Registered titles

The Chief Land Registrar keeps a register of the ownership of land in England and Wales. More precisely, there is a register of the titles to legal freehold and leasehold estates in land (and several other types of estate). Not all land is yet registered but where it is there will be a registered title for each registered freehold or leasehold estate in land that exists in respect of that land. For each such registered title there is an individual register and title plan.

An individual register is usually in three parts.

The first part of the register is the Property Register. This contains a description of the land in the title. It also refers to a title plan, which is prepared for each title. It may also give details of any rights that benefit the land, for example, a right of way over nearby land. In the case of a leasehold title, it gives brief details of the lease. The title plan is based on the large-scale maps of the Ordnance Survey.

The second part of the register is the Proprietorship Register. This gives the quality of the title (for example, an absolute title, the best quality and the most common) and the name and address of the legal owner (the proprietor), and shows whether there are any restrictions on their power to sell, mortgage or otherwise dispose of the land.

The third part of the register is the Charges Register. This contains details of registered charges (a type of mortgage) and notice of other financial burdens secured on the property. It also gives notice of other rights and interests that burden the property, for example, leases, rights of way or covenants that limit how the property can be used.

Restrictions

A registered owner of land or of a charge has certain powers of disposition. For example, in the case of an owner, those powers include the power to transfer the registered land, to charge it, to grant a lease for, say, ten years out of it or to grant a right of way over it - the transfer, charge, lease and grant are all examples of "dispositions". The dispositions referred to must be registered - they must be the subject of certain types of register entry - if they are to take effect in law. So, for example, if the registered owner of land seeks to transfer it to a purchaser, the purchaser will only acquire the legal estate in land when he is registered as owner of it.

If there is a restriction entered in the register, then a disposition covered by the restriction, generally, cannot be registered unless the restriction is complied with.

The following is an example of a restriction that might be entered in a Proprietorship Register -

"Restriction: No disposition of the registered estate by the proprietor of the land is to be registered without a written consent signed by the proprietor for the time being of the charge dated 12 November 2003 in favour of Fast and Furious Building Society referred to in the charges register."

So if the registered owners created a charge in favour of X Finance Limited, X Finance Limited would not (subject to an exception) be able to register their charge (as it is a type of disposition and the restriction says "No disposition ..."), unless with the application to register it they lodged the written consent to the charge of Fast and Furious Building Society. If their charge were not registered, X Finance Ltd would not have a legal registered charge, only an equitable charge. An equitable charge would not have the benefit of "state guarantee" (which includes being paid compensation by Land Registry in certain circumstances), could also suffer as regards priority as against other interests (including competing charges) and the methods of enforcement of its security, if the borrowers defaulted, could be affected.

The Land Registration Act 2002 provides that rules may prescribe standard forms of restriction - that is the wording of restrictions (with variables). The Land Registration Rules 2003 prescribe 32 standard forms of restriction. The restriction set out above is an example of a standard restriction (Form N). Some of the advantages of a standard form of restriction are mentioned at 7.1 of the Explanatory Memorandum.

A person entitled to apply for a restriction may apply for a restriction which is not a standard form of restriction but (unlike a standard form of restriction) it can only be entered if it appears to the Chief Land Registrar that its terms are reasonable and that applying the restriction would be straightforward and not place an unreasonable burden on him.

Land Registry

13 July 2005

Edited January 8, 2010 by ryde

[ryde]

NABL

I hope I get a positive response to this post, if not I am going to try the small claims court they are now trying to get me to agree to remortgage somewhere else and settle my loan with them I wonder why?, and I thought the loan was was over a ten year term. quote.

This is interesting and could work greatly in your favour can you post exactly what they have said to you as are obviously desperate to get you off their books, so a great potential opportunity to try and negotiate a big discount because whatever you do you will not escape liability to someone at the end of the day.

[not another b----- letter]

Ryde

The letter was an attempt to get me off the books and no doubt a settlement discount would have been offered but still have a lot of disputed charges on the account that need to be sorted out before we settle. Still trying to get my head round your posting on land registry will try reading it again, but it looks good news not bad?. Do we have someone with an SPPL loan prepared to try and get a restriction?, I would give it a go but if we settle it would be pointless far better someone in until the bitter end (or happy end).

[not another b----- letter]

Good morning guests, whats the weather like in High Wycombe?.

[ryde]

nabl

would not recommend anyone go it alone without a solicitor down a litigation route,have wasted last 5 years of my life over something that should never have been and as I say you cannot escape eventual liability whether the loan is secured or not,the only way you can beat them it seems is by recission of the original contract.If they want to get you off their books they're in a weak position,add up what you think they owe you and offer them a figure if you're in the position to do so.I assume you have a 2nd secured loan with them,can you not add this onto the first charge?

Anyway we have got the the no lose/no cost scenario to try first which should be done by monday at the latest.

[littledotty27]

Could you not try & find a barrister on a pro bona basis?

 

 

http://www.justanswer.com/brands/UK-Law?ofid=87&r=ppc|ga|5|Law+%2D+England+and+Wales|Lawyer&JPKW=pro%20bono%20lawyers&JPDC=S&JPST=&JPAD=4278756558&JPAF=txt&JPCD=20091208&JPRC=1&JPOP=Omar_TabsTest2_Tabbed&nodis=1&gclid=COGojq_RlJ8CFYQU4wodlQ-YYw

 

try this link it has lawyers online now that you can ask questions.

You all know how to put the situation better than I do.

Edited January 8, 2010 by littledotty27

[littledotty27]

Well I have just received my annual statement & the cheeky ****** have added insurance of £51!!! I sent a copy of my insurance & so did my insurance company yet there still charging me block buildings!!! GRRRRR

 

I really can't work out how they have got there figures

opening balance £111k

total debits £2.8k

total interest charged £6.5k

total credits £7.2k

closing balance £113.5k

[ryde]

ld

on schoolboy arithmetic alone theyve done you for £400.

2.8 + 6.5 = 9.3 - 7.2 = 2.1 + 111 =113.1 not 113.5

[midge61]

Hi

 

I have just had my second response from crapstones regarding my complaint re alleged arrears.

Can I ask those of you who pay them, when you get your letter stating what your payments for the next 3 months will be do they take EXACTLY that amount stated in the letter if you pay by DD and if you pay by other means is that the amount that you pay?

 

In my letter they say that this amount is a GUIDE and I should phone to get the exact amount so therefore I am under paying each month which is why I am in arrears!

[brassed-off-2]

Hi

 

I have just had my second response from crapstones regarding my complaint re alleged arrears.

Can I ask those of you who pay them, when you get your letter stating what your payments for the next 3 months will be do they take EXACTLY that amount stated in the letter if you pay by DD and if you pay by other means is that the amount that you pay?

 

In my letter they say that this amount is a GUIDE and I should phone to get the exact amount so therefore I am under paying each month which is why I am in arrears!

 

WHAT!!:-x

 

That has got to be the most utter peice of bull****e i have ever heard!!! where does it state this in any of their t's&c's...surely not, ive never read that...i think you might have them by the gonads there midge...ring the fos...is this lawful!!! sorry rant over, and off to read all my paperwork again, an d await my statememnt....be back later when ive had a chill pill....since when have we had to ring them for the correct amount, they have a legal obligation to give the correct information...surely:confused::-x

[brassed-off-2]

that letter you have their midge ...has got to be priceless, hold onto it safely...it might be the golddust you need!!!

 

b-o-2 still ranting...my god, i am totally speechless...a guide!

write back and say i only pay you what i want...its just a guide.....uuuuurrrrggghhh- really they are the pits!

[enoughisenough]

They're just shysters and they've got it coming big style...

 

Originally posted by NABL

 

Good morning guests, whats the weather like in High Wycombe?.

 

The forecast is frosty for the remainder of their miserable lives.

 

Back to the serious stuff soon!

[midge61]

Hi

Well that's what I thought. They say that because the letter states that it does not take into consideration any arrangement you may have set up this covers it.

 

I have had an arrangement for the last 3 years to pay by the 10th of the month and this excuse has never been used before AND they have never claimed that there were arrears because of this!

 

I have my complaint form to go to the FOS nearly done and so will be off in the post on Monday. Capstones are complete idiots as far as I am concerned.

 

I also queried some transactions on my account that had no explanation. They said they were due to charges that had been added and then considered an error. Trouble is they never notified me that ANY charges were being added and the amounts don't tally with any of their charges!

[enoughisenough]

And have you noticed the phantom amounts that keep getting credited and debited? WTF is that all about?

 

They are charlatans and fraudsters. They are quite clearly arrogant as well. They may have signalled business as usual but these charging regimes are coming to an end and their beloved booty will be shot down in flames when that happens. No wonder no fecker would touch them when they were up for sale last year. If That's their business model they are sunk.They think they are untouchable. Well we'll soon see about that.

 

Recognising the the FSA is nonetheless useless (Otherwise they would have done something by now, wouldn't they?) - this guy might like to have his in-tray filled.

 

http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/001.shtml

[brassed-off-2]

FSA appoints consumer senior advisor

 

couldnt agree more EIE, we need to step this up a gear, especially in the light of midges evidence!! My printer will be doing overtime this weekend, with all the failings i have encountereD with crap****e.ALL adresses to this guy.. if we all do it..then who knows?

Midge i hope you are going to use this evidence, and send it to all who will sit up and..take notice!

This has really riled me, i must say, i didnt think they could hit me with anything else, after all my dealings with them in the last 5 years! but this!

[enoughisenough]

never underestimate their talent for sophistry (The guest might like to look that one up!)

[enoughisenough]

AN OPEN LETTER TO JULIAN EDWARDS

 

(OPEN LETTERS ARE PUBLISHED IN THE EDITORIAL AND CORRESPONDENCE SECTION OF OUR 'QUALITY' PRESS!)

 

 

Dear Mr. Edwards

 

Firstly may we offer our warm congratulations on your appointment as Consumer Senior Advisor at the Financial Services Authority.

 

TO BE CONTINUED...

[ZillaK]

hmm.. this thread makes for very enlightening reading.. although I haven't managed to read it all yet.. I'm currently battling LPLL or is it LMCL or is it SPPL or is it SPML at the moment over a repo if anyone is interested...

 

..the comments regarding land registry are very interesting to me.. at the initial hearing their legal rep had a copy of the title register available for the judge to view but none was available for me or as part of the evidence pack..

 

ZillaK

 

ps - this is a link to my thread

Edited January 8, 2010 by ZillaK
adding link

[kegi]

ZILLACK

copy your thread into this one

its mind bending and what I have been waiting re LMC

CHEERS

KEGI

[ryde]

ZILLACK

who was the original charge on the property registered to?

They have to give you written notification that the loan has been assigned before the assignee can register a charge in their name.

RE IMMINENT INSOLVENCY OF SPPL

For consideration in this yet more and more tangled web.

1)If you have a money claim( for arrears charges etc )against sppl who are insolvent,you are a creditor of their bankrupt estate if your claim is upheld.

2)If you make a claim against them through the F.O.S. HOW CAN THEY RESPOND?? In bankruptcy law its their trustee who has to deal with any creditor or claim.Capstone is not and cannot be their trustee.So suggest you ask Capstone who is their trustee as you can only pursue your claim legally through the trustee in bankruptcy and it has f...all to do with Capstone.

3)Write to the FOS make a claim and tell them that because sppl are insolvent no one with the correct authority will reply to your claim because capstone will not tell you who their trustee is.This will really f..k them up.

4)If sppl are insolvent your payments should in reality be paid to their trustee not to capstone as you have not had notification that the legal charge has been transferred so it is still as far as youre concerned with sppl and now their trustee.

5)YOUR LOAN IS AN ASSET OF THE INSOLVENT ESTATE if they have sold the equitable title to the spv and the legal title has not been transferred at the date of the insolvency it has to become the property of their trustee in bankruptcy it again raises the question of the true sale in a real time situation.Mind boggling.

6)We should email the insolvency service as given in lord caggers post and find out exactly just whats going on here.

Edited January 9, 2010 by ryde

[ZillaK]

ZILLACK

who was the original charge on the property registered to?

They have to give you written notification that the loan has been assigned before the assignee can register a charge in their name.

 

hi.. here's a quote from the land registry titles document..

 

6 (17.06.2006) REGISTERED CHARGE dated 13 June 2006.

7 (12.04.2009) Proprietor: SOUTHERN PACIFIC MORTGAGE LIMITED (Co.

Regn. No. 3266119) of London Personal Loans Mortgage

Administration, P.O. Box 88, Cheltenham, Glos GL50 3SH and of

{[email protected]{.

 

..the dates of the original charge on the title register match those of the letter stating 'legally assigned' to Southern Pacific Personal Loans (on SPPL Limited t/a London Personal Loans letterhead) but the info on the charge names Southern Pacific Mortgages Limited..

 

.. also, the evidence documents and witness statement filed by Lightstones state that it was assigned from London Personal Loans Limited to Southern Pacific Mortgages Limited.. the date next to 7 above interests me though..

 

ZillaK

[ryde]

so its been legally assigned to sppl ,so why is spml registered as the legal chargeholder surely it must have been assigned again?

[ZillaK]

so its been legally assigned to sppl ,so why is spml registered as the legal chargeholder surely it must have been assigned again?

 

..I thought that may be the case too.. however the evidence being used against me clearly states that it was legally assigned from LPLL to SPML on 2/05/06.. my letter states legally assigned to SPPL t/a LPL dated 13 June 06 as in the registered charge.. they have provided no proof to back their claim up btw.. also, we're fairly good at keeping records & I'm quite sure we've received no other notices of assignment - besides the fact that it would mean being assigned back to LPLL before being assigned on to SPML for example??

 

.. also LPLL changed their registered name to LANGERSAL NO.2 LIMITED on 2/05/06 whilst my original loan agreement is with LPLL signed after the name change (7/06/06) & executed by them (13/06/06)..

 

..btw - notice the date in bold above?.. how is it possible for something to be assigned before the agreement has even been signed and returned to them for their executing signature?

 

ZillaK

 

ps - I've changed my dates slightly for confidential reasons.. actual dates are much closer to the alleged assignment..