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    • The other cases aren't going to happen before November though, are they? Reporters are saying he can't pardon himself for a state conviction. He would have to lean on the governor of New York state, as I understand it.
    • I am requesting your assistance to how I should go about a serious breach of my privacy that occurred during my stay at one of IHG’s hotel on Ma 2023. Having previously had items taken from my hotel room elsewhere I take the added precaution of using a security camera app on my device whenever I stay in a hotel room. The recordings are date and time stamped and it cannot be adjusted by the end user.   On this particular occasion I discovered evidence from my personal security camera recordings of a spy camera had been placed underneath my door, and can be seen moving along the base of the door for approximately 15 seconds.   The spy camera is in fact marketed as an inspection device of drains primarily but is known to be used in observing spaces difficult to enter. It is a usb endoscopic camera that has a length flexible cable that is semi rigid and can negotiate any obstruction by bending. The operator can be up to 3-4 metres away.   Infuriated as I had previously stayed with them in 2022 for 3 months at £260 per night that they would seek to question my honesty and invade my privacy. I immediately called reception and asked why they would do such a thing and if they had any concerns they were welcome to inspect my room and go through my personal belongings and ask me anything they wanted to. I was sleeping for the best part of my stay and was alone throughout.   I sent the recordings to the receptionist within the hour of finding them and I asked to speak to the manager of the hotel who I was told wasn’t present. I tried to have face to face meetings with him but he instead wrote to me denying the recordings were made at their hotel stating that they didn’t observe anyone in the corridor at the time of the recordings and that they don’t have a metal bar at the interface of the tile and carpet which corresponds to the overlying door. I rejected that statement on the grounds the video doesn’t show a bar but a reflection of light on the tile and you wouldn’t see a person outside my door because the cable is black and runs along the floor. If you don’t look for this you won’t see it. The matter was passed up to the area manager and he also denied the allegation. This is where the matter ends as far as IHG are concerned. Leading a busy work and family life I let the matter go but I found myself back at the same hotel a year later. I booked for  2 nights and was given a room facing the lobby door that led to the lifts. Unfortunately, from the hours of 3am I was woken up by the noise of the door opening and closing but also noticed shadows of a person standing in front of my door. At first I took no notice and put this down to a guest waiting for someone but the person or persons returned several times, standing outside my door for up to several minutes. I called the hotel reception and asked if there was an issue  on my floor and they said they would come up to check. They never said they would check the CCTV and as the incidents continued to happen up to 8am I called them 6 times. Given my past experience I didn’t think they took security as serious a# her establishments and made them observe the Cctv and let me know. The explanation I was given was that they could see residents there but they were heading down to breakfast. The time that I had noticed these feet by door was from 3am and breakfast started at 6.30am. It also didn’t explain why they would stand by my door for anything longer than 10seconds and if they were waiting for someone how likely is it that this scenario is played out 6 times when there was only 12 rooms per floor. Later that morning when I went down for breakfast the manager said he would move me to a room at the end of the corridor and asked me what my plans were for the day, essentially when would I be in the hotel. I stated that for the day I was out. He then said that all his staff were uncomfortable about me being a guest and said that I was not welcome there anymore. I had paid for the two nights but when it came to the end of the day I didn’t feel that I would be able to rest at the hotel given the hostility so I returned the next day to collect my remaining belongings, namely items of clothing, an iPhone charging cable and plug, and toiletries. Checkout was at 2pm and I was at the hotel at 3pm. All my belongings were gone and they couldn’t locate the items.  I plan to report the incident of the spy camera to the police, as well as the theft, and write to the hotel emphasising that this breach of privacy is unacceptable and the hotel's failure to properly investigate and address the issue is deeply concerning. The fact that I requested security checks to ensure my safety in the early hours was reasonable, yet their response to ban from the premises was excessive and even possibly discriminatory as I had revealed to them that I had been a victim of a hate crime given my sexuality. . I am seeking compensation for the infringement of my privacy, the lack of proper investigation, and the being humiliated and made to feel like an undesirable. I will request a full refund of my two-night stay totaling £390. Additionally, I will request compensation for the cost of my previous stay when the infringement occurred, which was £220. I am also considering damages for the infringement of my privacy but at a loss as to what this would equate to. I will close the letter giving them a 14 day timeframe to respond.    Is there anything you feel i need to consider here? Many thanks   
    • oF course, this is all just the start. trump is dragging it out as much as possible hoping to pardon himself, but the barrier the yanks had about admitting that a pres could be such a piece of err work has been broken and there is many more to come. His current criminal charges are extremely unlikely to result in jail time or anything other than fines  - but with some of the other charges - jail is pretty much mandatory - especially for one not only not on a first offense - but with others stacked up
    • Indeed, it’s all up to date at the moment and no missed payments and no issues from a credit file perspective everything is up to date in that sense 
    • follow it thru, plenty of time to poss arrange a tomlin or consent later on. ............   pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] .............. dx
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SPML/LMC anyone claimed for mis selling and unfair charges?


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Seen all this and sent to Solicitor - she is becoming not intersted!!

probably too much work and too complicated and beyond her comprehension

 

There are of course the parent RESETFAN and 100% shareholders signed 11/02/10 accounts particularly the directors report on page 4 clearly showing SPPL has no directors and will therefore not demand the debts owed to it of 55million yet in contrast your debt to sppl has to be paid.

The link:http://www.consumeractiongroup.co.uk/accounts/Reset%20Fan%20Accounts.pdf

 

ONE RULE FOR ONE........and yet more creative and illegal accounting.

Edited by actionnotwords
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Signing off

 

Busier than most sceptics realise...:D

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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All

Maybe i missed something here as i am still waiting on replys from SPML/Capstone i.e.SAR before i can post more, but thought i would mention that i dont pay any charges for being in arrears whilst i have an arrangement in place.

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Hi MWSPML

 

That's nice of them. I wish my performing arrangement immunised me from their charges which they apply whenever they feel like applying!

 

Toss3rs

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Reflecting on the various posts of yesterday concerning the role of Capstone and their apparent current status of authorisation and reading through many many posts it has been stated by many participants on this site that their mortgage contract contains no condition by which their mortgage is serviced by Capstone.

Capstone in fact have an administration contract with the spvs as detailed in the respective prospectus this is not an agreement with the lender.It is clearly authorisation to collect money and administer the mortgage on behalf of the spv.

 

The simple answer is to just write to Capstone and ask them to produce written authorisation from your lender as you have never received directly anything from your lender that they have such authorisation and you are concerned about the destinatiom of your repayments and capstones ability to give a valid receipt given the apparent precarious position of your lender.

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ANW

 

This is correct. BUT. Consider this.

 

Just because it says that in the prospectus does not mean that they have observed the formalities and actually have a valid and legally binding Mortgage Administration/ Service contract. If they had they would just say...here it is...shut up and pay us...BUT THEY DON'T DO THEY? What are they hiding/afraid of? Or am I barking up the wrong tree?

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Sced...YOU'RE IN! Check your mail...!

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Mortgage account no:.............. ................................... . name

Lender ....................................................................... address

....................................................................................date

 

Dear Sir/Madam,

I am greatly concerned about the status of my lender whom I believe was a wholly owned subsidiary of the now bankrupt Lehman Brothers.It has been impossible to contact my lender directly by either telephone or post .Mail I received indicates that you appear to have been acting for my lender for some considerable time but I have never received any signed and written confirmation from ny lender stating that you are fully authorised to act on their behalf. Until you can supply me with such written authorisation it is impossible to understand how you can supply a legally valid receipt for all my repayments.Would you therefore by return please supply me with full current written authorisation directly from my lender that you are able to receive my repayments,give a legally valid receipt and act fully on their behalf.

 

 

Yours Faithfully............................

Edited by actionnotwords
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Above template letter any further modifications or input welcome.

 

Just because it says that in the prospectus does not mean that they have observed the formalities and actually have a valid and legally binding Mortgage Administration/ Service contract. If they had they would just say...here it is...shut up and pay us...BUT THEY DON'T DO THEY? What are they hiding/afraid of? Or am I barking up the wrong tree?

quote eie

Their administration contract is solely with the spv,the spv as shown in the prospectus clearly assumed the role of the originator/lender was over except for retention of the legal title to carry out enforcement action against the borrower.The only role of the lender was to originate loans for the spv no more and act as a frontman.

There is a clause that their is no recourse back to the lender from the spv if the loans fail to perform(barring fraud or misrepresentation)and also the lender insolvency clause where the legal title is transferred to the spv for obvious reasons(as in the sppl situation)

What has to be remembered is that these arrangements were made in a booming market ,the current situation was never imagined or catered for it had never happened before

As far as I am aware capstone simply cannot produce such an agreement with the lender because it does not exist hence the subterfuge.The spv is concealed because of their direct involvement in the mortgage pool rendering the original regulated agreements possibly unenforceable as has previously been posted and with which I concur.

As I believe scedminc posted, pml was in the unique position in that they had their own servicing staff which was later transferred to capstone but the "naieve borrower "being their cash cow was never consulted or notified by the original servicers of an authorised change of servicers and now the original servicers have gone there are in 2 cases no employees to give such authorisation(lmc and sppl) and in the other 2 cases (pml and spml) only one employee left to give such authorisation,if that makes sense.

The only agreement capstone currently hold is with the spv,otherwise why not just produce a simple signed letter of authorisation from the lender.

Legally it would appear they cannot and should not have conducted any litigation on behalf of the lenders.

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Nice work ANW.

 

Keeping it nice and simple. Nothing gets lost in the woods then. Simple question, simple answer. Yes we have it and here it is, or...

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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All

Maybe i missed something here as i am still waiting on replys from SPML/Capstone i.e.SAR before i can post more, but thought i would mention that i dont pay any charges for being in arrears whilst i have an arrangement in place.

 

You are very lucky if not.

 

Spoke with FOS recently, told me they deal with a lot of Capstone complaints and know exactly what they are like. So looking good :)

 

In contact with my local MP re FSA also.

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Excellent news Sawyer. I have been banging on the FSA's door for a year now. They are useless. They know what is going on. How could they fail to know?

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Hi ANW

 

Again quite correct. Shoddy thinking and a slip of attention in my post. Well spotted. End result is the same though isn't it. They bring claim in the name of the OL and they have no authorisation to do so. This could and should feck 'em. Three cheers for that if it does. Serves the barstewards right. They should have played a bit more fair and even.

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Mortgage account no:.............. ................................... . name

Lender ....................................................................... address

....................................................................................date

 

Dear Sir/Madam,

I am greatly concerned about the status of my lender whom I believe was a wholly owned subsidiary of the now bankrupt Lehman Brothers.You appear to have been acting for my lender for some considerable time but have yet to produce any signed document directly from my lender granting you authorisation to act on their behalf.Until you can supply me with such written authorisation it is impossible to understand how you can supply a legally valid receipt for all my repayments.Would you therefore by return please supply me with full current written authorisation directly from my lender that you are able to receive my repayments,give a legally valid receipt and act fully on their behalf.

 

 

Yours Faithfully............................

 

LMC and SPPL borrowers would be fully justified into paying their monthly repayments into a seperate account pending an answer to this question from Capstone (which they cannot legitimately answer)SPML and PML borrowers would have a similar argument although Capstone could obtain authorisation from Amany Attia.

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LMC and SPPL borrowers would be fully justified into paying their monthly repayments into a seperate account pending an answer to this question from Capstone (which they cannot legitimately answer)SPML and PML borrowers would have a similar argument although Capstone could obtain authorisation from Amany Attia.

Will use this letter today and Thanks, I dont know what I would do without you all:)

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Hi ANW

 

Again quite correct. Shoddy thinking and a slip of attention in my post. Well spotted. End result is the same though isn't it. They bring claim in the name of the OL and they have no authorisation to do so. This could and should feck 'em. Three cheers for that if it does. Serves the barstewards right. They should have played a bit more fair and even.

 

This is exactly correct they have been instructing solicitors on behalf of all these lenders to carry out litigation in the name of the lender without producing any written authorisation.It is only recently that this has been challenged in the courts as in the case of mortgagewithspml and a sharp District Judge has spotted the anomalies.Did Capstone ever come back with the written authorisation? (no? and why not? post #5620)

In the case of jetli the action by SPPL was never properly instigated but because this was an eviction hearing perhaps as she has a buyer this could be the best outcome.

To challenge an eviction on the locus standi of sppl dependent on the vagaries and mind set of an unknown District Judge would have been of extreme high risk.The challenge would have possibly had to go to appeal and the costs and risk of losing at that level an equity wipeout.

There is still room for manouvere and such a letter to capstone does no harm but I must urge her not to lose or jeapordise her sale under any circumstances if there could be any resulting delays and time is of the element.

Edited by actionnotwords
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Of course the colossal implications of invalid or non authorisation as well as being fraudulent misrepresentation is that every repossession conducted under this authorisation would be illegal and could be challenged and set aside and if appropriate substantial compensation claimed.This would also obviously apply to any and all litigation I would believe.

 

 

WRITE THE LETTER then

BRING 'EM ON and

SHUT 'EM DOWN!!

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I have now modified my template letter in response to a pm ,in essence it is still the same except for a slight change and reinforcement of words.

 

IN ORDER TO GAUGE ANY RESPONSE COULD ANYONE WHO HAS USED THE LETTER PLEASE SIMPLY POST:

SHUT 'EM DOWN as in the old L.C. days

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Mortgage account no:.............. ................................... . name

Lender ....................................................................... address

....................................................................................date

 

Dear Sir/Madam,

I am greatly concerned about the status of my lender whom I believe was a wholly owned subsidiary of the now bankrupt Lehman Brothers.It has been impossible to contact my lender directly by either telephone or post .Mail I have received indicates that you appear to have been acting for my lender for some considerable time but to this date I have never received any signed and written confirmation from my lender stating that you are fully authorised to act on their behalf. Until you can supply me with such written authorisation it is impossible to understand how you can supply a legally valid receipt for all my repayments.Would you therefore by return please supply me with full current written authorisation directly from my lender that you are able to receive my repayments,give a legally valid receipt and act fully on their behalf.

 

 

Yours Faithfully............................

 

the letter in modified form.

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Good evening - I have been reading another members thread about OHL and noted the posters reference to 'Legal Consideration' within contract law. I am not familiar with this but wondered whether there would be any scope in this ? just an idea - I paste a bit below:

 

Consideration is one of the three main building blocks of a contract in English contract law....

 

....A contract must be "met with" or "supported by" consideration to be enforceable; also, only a person who has provided consideration can enforce a contract.

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campari2

The consideration which is one of the usual 4 conditions of a legally binding contract in this case would be that for the loan of a sum of money the lender has been granted security for the loan by placing a first or other charge upon your property and in the event of your default in repayment will be able to sell your property in recoverance of the debt you owe.

The owner or legal chargeholder in this case the original lender is the only person entitled to enforce this security unless they have assigned the debt and notified the borrower in accordance with s136 LOP 1925.

I believe the actual offer offers more scope for dispute because it involves regulated agreements and non regulated spvs.

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Hi thanks ANW - so would the third party as assigned to, have to show the same consideration as per one's original contract - I mean if the original lender advances say £100k for such and such terms that is the consideration itself and the bargain struck so to speak and would it have to remain the same in cost of assigning so that the contract is still the same?

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The assignee would have to honour the original terms of the contract as signed for with the borrower by the assignor(lender) hence in this particular scenario here the conflict from moving from the regulated assignor(original lender) to the new unregulated assignee(the spv).

This scenario is a distinct possibility with the demise of sppl.

This is also why the third party regulated administrator capstone's role and authorisation requires clear determination.

They collect repayments of the mortgage pool on behalf of the spv who has been sold the beneficial rights(ie the income) to the loans.

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Please help. I have a first charge with spml and also have a second charge with sppl. I have a warrant for eviction for 15 April by spml. i went to court yesterday and because of the discrepancy on the balance of arrears the judge has adjourned it. The solicitors letter stating that they were applying for a date and also the eviction notice is for spml but when we went to court it was Capstone versus ourselves - thought they were just for administration - if they granted repossession would that mean that it would be Capstone that had the rights to my home, although they are not allowed to hold customers money? Really do not know legalities of this but lady in court suggested we do not go back to court because we will face extortinate solicitors fees and it will drag out, she said to come to an arrangement with Capstone before the court date, but they are not prepared to accept any offer i put to them without a lump sum of a few thousand pound, which i simply do not have. Can somebody please give me advice, have been evicted by sppl once in september 2008 then they let me back in - long story. Now i have it with sml. Just need some advice, nobody, even the judge is not aware of Capstone, solicitor for spml just said it was sister company and he accepted it.

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