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

[ryde]

Dear me, the same old same old ITBG. True toform, someone disagrees with you and the insults fly.

Tell me, please. What happens when we "take the feckers down"? Our mortgages don't magically disappear, someone takes them over and as Capstone say that Eurosail own them anyway, it will be the same again. Same over the top charges, same aggressive repros. Isn't what we really want is for them to play by the rules so there is no danger of their charges putting us in the position of being in arrears so they can take our houses?

If I am wrong, please put me right (without the insults, please).

 

The answer to this has already been dealt with at length.The spv eurosail is a non regulated FSA entity,sppl is a regulated lender with whom you signed a mortgage contract,there is a good chance that a case could be bought for contract recission.Its a mystery how you will receive notification from sppl of the transfer as they have no personnel to physically execute this.

Edited February 23, 2010 by ryde

[Suetonius]

Ryde, sorry going to have to correct you.

 

ITBG? appointed himself Lord Cagger.

[I'm the bad guy?]

Dear me, the same old same old ITBG. True toform, someone disagrees with you and the insults fly.

Tell me, please. What happens when we "take the feckers down"? Our mortgages don't magically disappear, someone takes them over and as Capstone say that Eurosail own them anyway, it will be the same again. Same over the top charges, same aggressive repros. Isn't what we really want is for them to play by the rules so there is no danger of their charges putting us in the position of being in arrears so they can take our houses?

If I am wrong, please put me right (without the insults, please).

 

 

..i did'nt think the last post was, anyways, the best way is to describe the situation which is going to happen to you.

 

1. SPPL goes into administration/bankruptcy, PWC, administrators-they apply to the court for a year stay.

 

2. Now PWC, a so called independent liquidator, then say...this eagleyed cherry, has not been paying us, where's our money- then throw your ass in court.

 

3. You say, 'but capstone told me to pay SPML(whoever?)',

PWC say your contract was with SPPL, so why were you such a dumbass to pay another company.

Judge, asks who did you take your mortgage contract out with, who did you pay, interesting? 'in my opinion you are a dumbass, and needed to pay SPPL; now pay up, or we going to throw you and your family into the street' case closed, next repo.

 

4. 'Oh but mr judge, capstone said it was ok, as SPPL assigned their mortgage to SPML(whoever), and they then sent a letter telling me that my mortgage was assigned, but forgot to change the LR.'

 

judge says: show letter from SPPL

show letter from SPML

show letter from LR

 

you say, I can't find it, and your solicitor says 'don't be a dumbass, how could SPPL assign your mortgage, when it had no directors or employees'

 

you say 'oh! no!; i've been a dumbass, how could i be so trusting of the very trusting JAWs and courts'. at this point your wife divorces you and your kids kick your dumbass down to shelter.

 

 

..with the exception, of a few errors, your fate lies ahead. peace or peices?

 

 

..to mi partner in grime, ryde, hear what he is saying., you can't just listen to Jimmy?

 

 

 

 

Makaveli

KwA

am i not

merciful

[ryde]

Ryde, sorry going to have to correct you.

 

ITBG? appointed himself Lord Cagger.

 

Sorry for any confusion I was quoting actionnotwords who had described you very possibly erroneously as the elderly gentleman who was his former friend,or at least I think I was.

[eagleforms]

This is the meaning of recision according to Gillhams, a law firm that specialises in business and commercial disputes:

Rescission is a remedy in equity which aims to set aside transactions and perhaps order the payment of money so as to place parties in a dispute in the position they would have been in before any transaction between them had been entered into. Under the laws of England, this equitable remedy is available only when restitutio in integrum is possible. If it is not possible, then the remedy is not available.

Restitutio in integrum is the process of putting parties in the position they would have been in, if the transaction in question never took place. Both sides of the transaction must be undone for this to be possible. It is relevant in assessing whether the equitable remedy of rescission is available.

For instance, where a mortgage is set aside and money was paid for the mortgage, restitutio in integrum would require setting aside the mortgage and ordering that money paid towards the mortgage is repaid.

If property has been transferred to a bona fide purchaser for value without notice and cannot be recovered, then the remedy of rescission will not be available, unless the court is prepared to make an order for pecuniary rescission. This dispensation is only available where the innocent party is not at fault. In essence, a payment is substituted for setting aside a transfer of property.

 

Usage: Restitutio in integrum must be possible for the remedy of rescission to be available to a party to litigation.

 

Where contracts are concerned, the remedy is available where a mistake or misrepresentation was present at formation of the contract, or where undue influence or duress has tainted the formation of the contract. In these cases, consensus ad idem is not present and the law takes the view that no contract could have been entered by the parties as a consequence. The remedy is not available if it is impossible to place the parties in the position they would have been in.

Rescission is also used at common law to mean that a party has been relieved of its obligations to perform under a contract.

What I cannot makeout from this is who would be bringing a case against who if SPPL went down and from what I can make out from the above, it would be impossible for the parties to be in the position they would have been before the contract.

Perhaps someone with a legal bent could explain this to me.

As for wondeboy's peculiar slant on the way courts work, all I can say, is that it is a peculiar slant.

[actionnotwords]

As evidence of my previous posts the "cagger count" has now tripled.Is this not a good thing,the bad person may not win any popularity stakes but his presence certainly grabs peoples' attention and creates debate.

[I'm the bad guy?]

No, No, No, No, let me ask you a question SHILL. When you came back posting in here, did you notice a sign out in front of this thread that said Dead Jackal Storage?

Did you notice a sign out in front of THIS thread that said Dead Jackal Storage?

 

You know WHY you didn't see that sign?

 

Cause it ain't there, cause storing dead jackals ain't my fecking business, that's why!

 

 

 

..now git yer' ghostly-casper, buckwheat narrow jackal ass back to neverland!

 

 

 

 

 

 

Makaveli

KwA

i see

jackals

[ryde]

You would bring a case as soon as you received notification because thats when title on paper would pass to the spv,alternatively object to the Land registry about registration of the legal charge in the name of the unregulated spv immediately on notification or bring a claim against the administrators/receivers.There are multiple possibilities the trigger is notification.

If sppl are struck off still holding your paper legal title their assets become the property of the crown who would then hold the bit of paper giving them power to repo you or sell it back to you as could the receiver.

[Suetonius]

I know you love me really ITBG?

[I'm the bad guy?]

..shee!!!te, jackal radar even works from Neverland, how's michael doing?

 

 

 

 

 

 

 

 

Makaveli

KwA

[actionnotwords]

Oh dear it seems the elderly gentleman and the bad person have had another falling out,can anyone broker a peace,the elderly gentlman apparently wishes bygones to be bygones.Love and hate draw a fine line.

[ryde]

ANW

Youre priceless.

[Suetonius]

No fallingout at all.. It took me time but I come to realise he is not worth the time or the energy.. I am leaving him alone in Jackanory land

[actionnotwords]

That's very sad as you have both so much to give albeit from different sides of the coin,if only you could settle your differences and work together what a dynamic relationship that could be to the benefit of all.A terrible,terrible waste.There is only one real enemy, the criminal loansharks.

There are now 12 caggers the majority of whom are willing you to both shake hands.

Edited February 23, 2010 by actionnotwords

[I'm the bad guy?]

..ANW you are not uptodate on history.

 

 

 

 

 

 

 

 

 

 

Makaveli

KwA

[eagleforms]

Thanks Ryde, but this isn't rescission is it though. It does not put the situation back to where is was before the contracts existed does it?

Clearly, there are people on this thread who seem to believe it is their own personal property. Want to get lots of people watching ANW - just contradict one of wonderboys pearls of wisdom, "..now git yer' ghostly-casper, buckwheat narrow jackal ass back to neverland!" a wonderful example of prize rhetoric.

Edited February 23, 2010 by eagleforms
typo

[Suetonius]

I would gladly shake his hand. I have no anger or any other ill feeling towards him

[I'm the bad guy?]

..very clever SHILL, sneaky is as sneaky does, lets be friends-wanna come and see little kittens..no thanks.

 

 

 

 

 

i don't do drugs.

 

 

 

 

 

 

 

 

Makaveli

KwA

[Suetonius]

I will leave now... Didn't mean to stop people posting...

[ryde]

Must admit to not being an authority on this or a lawyer but as it seems it is going to happen one way or another it needs careful thought.If a nonregulated lender attempted to transfer the legal charge into their name there must be contratural issues with them not being regulated.Remember the basics of all law of contract offer,acceptance,consideration and intention to create legal relations.

You accepted the offer from sppl on the basis that they would perform their contratural duties as a regulated lender.The fact that it has been transferred to a non regulated spv would render the agreement possibly unenforceable.

I have already posted this somewhere and its taken directly from the spvs own prospectus.Will see if I can find it.

[I'm the bad guy?]

..if there anybody to make peace with, its ma' homegrown EiE,

 

 

Whatever I said, whatever I did I didn't mean it

I just want you back for good

Whenever I'm wrong just tell me a rap and I'll verb it

You'll be right and understood

 

I guess now it's time, that you came back for good

 

 

 

Makveli

KwA

i see u

[actionnotwords]

Apologies for my intervention which may have been untimely is seems the breach is irrepairable and the bad person through past let downs finds trust in others difficult.I am glad he does not partake in mind altering stimulants however and would personally love to see his little kittens if he could extend the invitation or post a photograph.

[I'm the bad guy?]

..LD, Ryde everyone lets give a big shout out, to our boy EiE,

 

in KwA, we don't leave our kaggaz behind..

 

 

 

 

 

 

 

Makaveli

KwA

[martdj]

Can we try and keep posts to facts and opinions regarding the title of the post. It is not at all helpful to have all this squabbling and inane rubish here. If you want to do that may I suggest Facebook. In order for someone to find help in this thread they have to trawl through pages of ramblings of mad or sad persons

 

Nuff said!

[saintly_1]

ITBG ........ once again your posts have been unapproved please stop spamming the thread with the same post