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

[ryde]

supersleuth

this is my argument for disclosure and the possibility of an unenforceable agreement for yours and others consideration

Would be grateful if you could endorse it or pull it to pieces either way it deserves consideration,took long enough to work through.

 

spv prospectus 2008 EXTRACT as originally posted by eie on a legal/equitable thread 9 months ago.YET AGAIN.

 

p.105: Any person carrying out a regulated activity, unless an exemption is available, must be authorised by the FSA, with specific permission required from the FSA to engage in the activity. If requirements as to authorisation and permission of lenders and brokers or as to issue and approval of financial promotions are not complied with, a regulated mortgage contract will be unenforceable against the borrower except with the approval of a court.

 

AS this has still not been addressed this in my opinion is the argument for disclosure and I ain't saying it again.

 

1) Mortgage servicer Capstone has a servicing contract exclusively with the spv(yet to be disclosed)

2)The mortgage contract was signed with the originator in consideration that the loan was a regulated agreement and subject to regulation by the FSA and the applicable law.

3)The originator "superficially"` on paper sold the equitable title to the loan to the spv who through their contractural agreement with Capstone oversee and administer the loan(as proof see the spv accounts and notice to noteholders re sppl))

4)The spv is not authorised by the FSA it is therefore submitted that until the relationships are conclusively established by the disclosure of the following documents(master securitisation agreement,administration agreement etc etc) between the contracting parties and entities involved in these proceedings the regulated mortgage contract signed by the defendant/mortgagor cannot be enforced.(NOTE THE WORD WILL FROM THE ABOVE PROSPECTUS which is in the spvs own words,this is differentiated from the oft used word of MAY)(the bone of contention being that the non regulated spv is conducting a regulated activity which will render the mortgage contract unenforceable, hence the essential requirement for disclosure of the servicing agreement and other related documents)

legal v equitable doesn't need to come into this.

 

This would obviously need to be polished but it seems a bloody overwhelming argument for full disclosure to me.So can it be given the attention ,considering the importance of the subject, it merits .

Please, something constructive and positive ,no sh.te,and keep it on this thread, this is the culmination of 4000+ posts.

[ZillaK]

..for those where their loan or mortgage with this bunch of criminals is a 2nd charge please ensure the 1st charge has correctly registered restrictions and charges on your title at the land registry..

 

..it's been suggested to me that this lot are now specifically targeting those customers where there are errors relating to the above.. bit like a smash and grab.. leave you still owing the 1st charge whilst SPML/Capstone disappear off into the sunset.. if there's a claim in progress, check and see if SPML/Capstone have appropriately notified the 1st charge of their repossession action and if a copy of that notice is contained with the claim/evidence pack.. if not then make sure you raise the point.. especially if you're in negative equity etc..

 

Zil..

 

ps - I checked my registry docs earlier and guess what.. the 1st charge has left it wide open for the 2nd to come along and do exactly what I've mentioned..

Edited January 30, 2010 by ZillaK
..typo..

[IAMTHEWHISTLEBLOWER]

HOME INTERNATIONALS RESULTS 2009

SCHMUCKS A COUPLE O HUNDRED AT LEAST CAGGERS A COUPLE OF SUSPENDEDS MAYBE

THE REALITY

PREJUDICED JUDICIAL SYSTEM

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

 

HAVE COME BACK TO PUT YOU BACK ON THE RIGHT TRACK

FOLLOW THE BAD GUY HOW MANY TIMES HAS HE GOT TO SAY IT ALL

YOU WON A VICTORY THEN NO FOLLOW ON THEY PUT IT RIGHT

YOU KNOW WHERE I'M COMIN FROM WOULD YOU PUT YOUR ASSES ON THE LINE

THIS IS FOR A PAL

THERES HELL TO PAY AND A WITCHUNT ONE SLIP AND I'M TOAST

TOLD YOU YOU GOT EVERYTHING YOU NEED DIRECT IT IN THE RIGHT DIRECTION INSTEAD OF SLASHING AT EACH OTHER

SO KNICKERTWISTERS KEEP THE PERSONAL SH.T TO YOURSELVES AND DIRECT IT TO THOSE THAT DESERVE IT

DOTTY GAL READ HERE YOU CAN TRANSLATE DO ANY THICKIES A BIG FAVOUR.... SAVES REPETITION

 

 

Cryptic as Whistleblower may seem - maybe he is on the inside blowing a whistle...the whistle telling us that we are on the right track and that it will work if we shout loud and long enough. If that is what whistleblower is telling us, then it is entirely consistent with my theory that this thread has an abundance of spies BECAUSE WE ARE RIGHT.

 

OK whilstblower thanks for your input - hope I've interpreted your message accurately. He seems to be saying that if any caggers are in court - USE IT DIRECTLY - i.e. use the arguments - after all, you've got nothing to loose - they're gonna nick your home whether you argue or not.

 

Is that right whistleblower? Is that your point?

 

Supersleuth

 

HURRAH ACTUALLY FOUND A BRAIN

 

RIGHT ON ALL COUNTS

ALSO GOT TO PUT THE PRESSURE ON THRO THE COMPLAINTS

IF THEY DO NOTHIN COMPLAIN ABOUT EM OFFICIALLY

THIS IS WHAT HURTS THE SCHMUCKS MOST OFFICIALS SNIFFIN ABOUT ALL THE TIME

THEYRE HANGIN ON

 

"I'm bored with this All the President's Men ****."QUOTE SERIAL LITIGANT IT APPEARS LIVING WELL BEYOND THEIR MEANS

based on real events

 

ANOTHER BRAIN, BUT ONLY PART FUNCTIONING

AINT TRYING TO WIN ANY PLAUDITS HERE

AND ITS MY ASS ON THE LINE NOT YOURS PAIN FOR NO GAIN

SO KNOW IT WHEN YOURE IN IT OR BUTTON IT

Edited January 30, 2010 by IAMTHEWHISTLEBLOWER

[enoughisenough]

From IATWB

 

"I'm bored with this All the President's Men ****."QUOTE SERIAL LITIGANT IT APPEARS LIVING WELL BEYOND THEIR MEANS

based on real events

 

ANOTHER BRAIN, BUT ONLY PART FUNCTIONING

 

Care to expand? Privately if you wish?

[enoughisenough]

The real serial litigants living beyond their means are the con artists formerly known as SPPL. They're the real busted flush. Why don't you train your fire on them?

[enoughisenough]

Raised this point several times and the silence is deafening. I wonder why this could be?

 

I have a suspicion and no more than this, that we are at risk of exposing our true identities with complaints to the SPV. What interests me is that this point is never addressed when I've raised it.

 

IATWB has the time to say leave the personal stuff, to one side and then says I have a half functioning brain and live beyond my means. Go figure that one out. Is this the agenda of the genuine whistle blower or the agenda of someone who resorts to denigration of the credibility of a genuine cagger in pursuit of something else?

 

Be aware that in my view there is a risk to be run here. I might be wrong and the advice to report to the SPV is given in good faith. Or I could be right and this is yet another attempt to flush us out. Follow your gut instincts on this one.

 

Could it be that the true agenda here is to identify as many of us as possible so that we can then be dealt with by severe special measures, thereby killing this thread and the excellent work that goes on here?

 

I thoroughly expect a WUF WUF here. But anybody who knows, knows better.

 

if anybody has the gall to label me a Jackal for this you know what you've done don't you?

 

You've handed victory to the ****, that's what.

[ryde]

eie

Don't think anyones even suggesting you are a "jackal" we all have a right to a free opinion,namecalling is usually caused by frustration anyway.

What do you suggest the severe special measures are.?Think I am maybe a victim of these already as every resource seems to have been thrown at me.So I hold no fear of any of them just contempt and blinding hatred.Why do they need to flush us out ,everyone on here has to have a major problem with them,what more can they do ? do you mean pick us off one by one to close the thread?

WB is promoting the itbg/LC approach of direct complaint and exposure which I think is 100% right and the only way to get a result as a group,or exactly that is going to happen,one by one everyones gonna be picked off.The only way to test any of the defence theories promoted here is by individual actions in biased courts whose only interest is to shuffle you in and out on the conveyor belt as quickly as possible without even listening or considering what would seem to them some incomprehensible esoteric defence, seen it and been through it all before.So theres only one alternative left.People have to be stirred out of their apathy,too many sitters and watchers who have to be turned into doers but how many times has this been said.Its just sending an email thats all.

 

The other way to look at it is that any repercussion by the spv would bring them out into the open and show that they do administer the mortgage.

The way I read it is face value , they wouldn't even bother with us but would investigate anything that might affect their cash flow, how did they find out about sppl,capstone didn't tell them or they would have said so in their notice to noteholders but now its apparently been put right as has it would seem lmc according to WB which fits the facts with the 28 day notice being withdrawn from lmc and sppl apparently still active.

Can only see 2 ways forward focus on the complaint as a primary and ongoing.Try and come up with a viable defence as an alternative and a fallback but this is always theoretical and has to be resultingly high risk and the debts still there and still has to be serviced unless the unenforceable contract angle/missale by broker could work,again mainly untested so high risk.

Could do with a month off.

Edited January 30, 2010 by ryde

[IS IT ME?]

DO NOT FALL AT THE LAST QUESTION!

ASK WHAT IS THE QUESTION 'THEY ' DO NOT WANT TO ANSWER?

THAT IS 'WHO'OWNS YOUR MORTGAGE= THE BOND HOLDERS

THEY DO NOT WANT THE TAX MAN TO KNOW THAT AS ALL THE FEES THEY WOULD HAVE TO PAY.

THEREFORE YOU HAVE TO ASK AND SAY IN COURT YOU NEED THE DISCLOSURE OF THE ' MORTGAGE SALE AGREEMENT' AS ALL THE BOND HOLDERS AND FUND MANAGERS HAVE A COPY SO WHY NOT YOU??? WHAT DOES IT SAY?

YOU GET A HONEST JUDGE TO ANSWER THAT, THEN YOU HAVE THE ANSWER

WHY IS IT THAT SOME SUB PRIME LENDERS HAVE PUT THERE RATES UP ALREADY?= TO COVER COSTS AND LOSS AS THE LIBRA RATE HAVE NOT GONE UP.

CAN YOU SEE WHAT WOULD HAPPEN IF YOU WON JUST ONE CASE, THE WHOLE LOT WOULD COME DOWN LIKE A PACT OF CARDS.

YOU ARE ALSO MORE THAN RIGHT ABOUT SPIES ON HERE SO BE CAREFUL

[enoughisenough]

Ryde

 

I know how you feel. BUT. We are doing all the right things here.and somebody is getting very nervous and twitchy as a result.

 

We have been pushing at that open door for months now and things are coming to a head. And I genuinely think that something or someone has put the fear of God into them. That may be why they want us "flushed" out, as super says they are bricking it at the prospect that what is here is already enough to nail them for once and all time. So the logical step would be to counter this by drawing up a hit list of the meddlesome revolting agitators and go after them big style.

 

I see it like this. How much lower can Attia actually go...(facing criminal prosecution)? How much longer can PwC string this out to find a way through this mess? How much longer can the FSA (bless 'em - the poor put upon souls) prevaricate and bluster?

 

As for risks. Only a fool makes no risk assessment of consequences when it comes to something this vital. One slip and we are out on our arses. Although I may only engage half my brain because the other half is too busy living the high life, I'm no fool.

 

Please don't get me wrong here. I take a very cautious view of everything and when I do stick my neck out it's always a tactically thought out decision. Thus far it's an approach that has worked for me, but I can tell you this much. I've had just about as much as I can stomach from these arch fecking criminals.

 

I'm seriously thinking of boycotting payment, putting it into an account and telling them to come and get me if they've got the balls to have all this heard. AND I MEAN ALL OF IT. I wish the hell just one consumer barrister would step forward and take this on, on a pro bono basis to get this properly heard.

 

Oh and as for the spies...what ya scared of you vermin? Insolvency, personal bankruptcy, criminal prosecution and a lengthy spell of porridge with the rapists, kiddie fiddlers and murderers. Even that doesn't spell justice in my book.

[enoughisenough]

P*** OFF GUESTS. YOU'RE NOT WELCOME. SOMETHING'S IN THE POST FOR YOU FECKERS AND YOU AINT GONNA LIKE IT.

 

Phoney War's over. Brace yourselves.

[ZillaK]

I'm seriously thinking of boycotting payment, putting it into an account and telling them to come and get me if they've got the balls to have all this heard. AND I MEAN ALL OF IT. I wish the hell just one consumer barrister would step forward and take this on, on a pro bono basis to get this properly heard.

 

..hmm.. placing the payments in an escrow account is not a bad idea at all huh

 

..it's certainly justifiable on the basis that we all believe there are large amounts of disputed penalty/arrears fees charged to our accounts & the GMAC fine & announcement by the FSA in regards to this.. and there's all of the other justifications to add..

 

..we need to all get together on this and the other approaches as mentioned previously and develop a strategy that safeguards the individual through safety in numbers..

 

..SPML have large numbers of customers that we need to somehow bring into the fold through a decent campaign - can we get CAG & the Mail writer together, and perhaps others?

 

..arrange a safe escrow service, template letters and emails, a simple list of steps for each person to take..

 

EiE - this idea of yours could really damage their cashflow if we can pull together and create an effective approach... it is not beyond our abilities or resources by any means at all..

 

Zil..

[littledotty27]

As good as it all sounds with re to non payment,whats the 1st thing they will do to the borrower on a suspended repo?

It's going to be lets start repo proceedings without further notification through court.

I've already had a letter in the last couple of days from there solicitor,asking us to send all future payments directly to lmc & not to them.

There trying there best to make us breach our order & we are not letting them get the better of us.

Play the game & abide with court rules,i'm not stooping to the level they want us too.

[enoughisenough]

You're a game one aren't you Zill? Brilliant.

 

In myunderstanding of the cag universe this will only work once it is seen to work. In other words we need to build it and then they will come, if you get my drift. I'm happy to work on this with you. Nothing yaks quite so much as money does. And when the money is no longer talking their goose is properly cooked. Anyway I've already made this leap. I've got it but they ain't getting it. Feck the lot of em. I'm not having this bunch of shysters blight my life.

[enoughisenough]

A word of caution though. No- one on a suspended should even contemplate this until you can challenge and remove the suspension in full. Also this cannot be done unilaterally. It will take those under less serious threat to try to get this established with a proper campaign. My thinking is that the Mail has been the most forward thinking on this issue. They hate Broon and new labour and the useless FSA was browns baby. See where this is going? The mail will love this in election year. I hate the mail but needs must eh ?

[enoughisenough]

Dotty

 

I know where you are coming from and I've always been a big fan of your stoicism. If it were a level playing field of course everyone should play by the rules. Not even the courts play fair though. This is no queensbury rules game. It's a dirty lawless streetfight and the only language these b&stards understand is a clump in the dangly bits. And that means their monthly blood money. I am not advising people to stop paying. That is just plain foolish. What I'm trying to generate is publicity via a method that hits them really hard.

 

For anyone in any doubt you must keep paying the blood money. Or they will swoop and most likely turf you out.

[eagleforms]

I wrote to Capstone's Stephen Pope, Investigator, Customer Liaison, SPPL, who had been to great pains to tell me that my loan was with SPPL, and asked him why, if my loan was with SPPL, the paying in book they sent me had the paying in account as SPML. I said this must be a mistake and would he let me have his comments. Surprise, surprise, No reply. Another letter will be sent Monday and if no reply, then a complaint to the FOS. Don't forget, that Al Capone was caught for tax evasion, so it might well be something delightfully simple that catches these people out.

[enoughisenough]

Hi

 

that one about al capstone always brings a smile to my face. Tax evasion is definitely the elephant in the room. The spv won't repo. That's a dead cert. So if supers strategy outlined above re LR can work all the lehman originators are really dead and buried. Perfect. Can't sue won't sue.

[eagleforms]

Perfect, EiE

[bleakhouse]

For many "guests" like me time is running out - if everyone takes what action they can surely justice must triumph? - I have tried to establish links with the press, this pack of cards cannot withstand sustained exposure.

[enoughisenough]

Hi Bleakhouse

 

And a warm welcome. A most appropriate choice of name for we are truly living in Dickensian times.

 

No offence is intended to genuine guests meaning those who are curious about what is happening to their mortgages and have not yet come across this site in general and this thread in particular.

 

However this thread is trawled by vultures and the 'guest rate' nearly always spikes on certain posts. Won't do so now though, will it? They'll pretend not to be worried and then a crossbolt is going hit them right where its aim is true.

 

Once again welcome. The day of reckoning is coming.

[enoughisenough]

What's your situ Bleakhouse?

 

Just in general terms though...don't reveal anything that could be used to identify you personally...

[ZillaK]

..good points of course Dotty!!.. this is definitely only for those in safer positions...but the highlight here is that in essence the judge, by ordering you to pay their solicitors, has created a type of escrow transaction..

 

..they're commonly used in legal process.. escrow services are regulated by the FSA and HMRC in the UK and are commonly used in mediation when two parties don't trust each other so there is perhaps some good ground to take advantage of here..

 

..escrow is also used to hold payments from a party who has not fulfilled their obligations under agreement, contract or law.. it allows the genuine party to show that they are fulfilling their obligations whilst ensuring the party at fault cannot benefit until the dispute is resolved or performance of their obligation fulfilled..

 

..anyway, will do some digging on the above..

 

..tax issues, the mail, broon, fsa, lr issues.. all good angles huh

 

.. so where does Nomura fit in to this web?

 

Zil..

[bleakhouse]

I think my situation is very different from most but I really respect the work and support that has gone on in this thread. Surely there is enough to bring down this group?

[enoughisenough]

You are a wiley old cat aren't you Zill?

 

Good spot though.

 

Nomura is a dead end now as far as I can tell. Akin to Barc Corp Taking over the green carpets and growing them blue! They snapped up Lehman's Euro operations but didn't want to go anywhere near the "toxic" mortgages. Quite what they got for their dollar to the hundred I don't know but it wasn't us. Unless of course someone can post proof positive that they did acquire Eurosail etc.

 

Without our consent of course.

[ZillaK]

ahh.. was just wondering seeing as Capstone's email servers trace back to Nomura.. so they all work for Nomura?.. but none of the assets were acquired?