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

[Fedupnow]

Hello Suetonius,

I took out the mortgage in May 2007 on what I thought was a 3 year fixed rate but have been told it was a 2 year so Im out of the fixed period next month! Also it was arranged by Approved Financial Solutions.......upon looking at the paperwork they put that I was earning £10,000 more than I actually was so it was mis-sold in the 1st place! They have been fined by the FSA and have gone out of business!!

[Suetonius]

The first thing to do is start a thread and post a link so that everyone can help you.

 

It sounds like there are a number of seperate issues that need to be dealt with.

 

In relation to the IFA, it may be worth speaking to the Financial Services Compensation Scheme and ask them if they can do anything as they do cover mortgage advice after 31st October 2004.

 

Have you tried getting help from the Government ?

 

Worried about your mortgage

 

 

In relation to SPML and their lack of assistance..

 

It may be worth writing to them, and reminding them of their obligations that they have to you (even if your mortgage has been securitised). I would suggest sending a email to

 

Mr Tony Marek (the appointed FSA contact for complaints)

 

[email protected]

 

To turn up the heat a little I would also email your MP and make sure you let Mr Marek know TheyWorkForYou.com: Are your MPs and Peers working for you in the UK's Parliament?

 

Of course, you can also use the press. Given the current levels of coverage given to the credit crunch this might be a good idea.

 

Jeff Prestridge

Post Office PPI ruthlessness tests loyalty | This is Money

 

Tony Hetherington

Hetherington: Expensive land banking fiasco | Egg | Post Office | This is Money

 

 

I would also suggest writing to Vince Cable MP as he has a bee in his bonnet about banks at the moment.

[enoughisenough]

All very sound contributions IMHO. Cheers for that Seutonius.

 

Cheers EIE. Keep the faith.

[Crapstone]

I'll put my main points on a new thread regarding Mr Malek and SPML but I'd like to ask anyone that has a mortgage with them if they have have had a letter from Capstone dated March 2nd 2009 regarding a review of,

 

'administrative errors which have affected your account'.

 

I'll follow this up on another thread...

[enoughisenough]

Can you give a link to the thread? I certainly didn't get one of those and given the operation of my account I should have had. But oh no they tried to repossess instead and now have adjourned because they don't want the issues heard.

 

By the way does anyone know whether it's within their powers to review everyone's credit reference file on a monthly basis to see if their customers are in difficulties in other areas. I know for a fact that they do this.

 

Cheers EIE. Keep the faith.

[brassed-off-2]

I'll put my main points on a new thread regarding Mr Malek and SPML but I'd like to ask anyone that has a mortgage with them if they have have had a letter from Capstone dated March 2nd 2009 regarding a review of,

 

'administrative errors which have affected your account'.

 

I'll follow this up on another thread...

 

I received one of those too in march, as you will have seen on my thread earlier !! Prior to this one i also received one in approx Dec/ Jan or thereabouts....

please post your link to your thread.

 

Thanks

b-o-2

[Crapstone]

I posted late last night after getting back from holiday and was too tired to add a thread:(. So I'll just reply here for now.

 

I questioned Mr Malek why the Interest on Arrears Reversals had vanished from the new copies of my mortgage statement, adding several hundreds of £'s on the balance. His reply was that I should have received a letter dated 2nd March, of which he encloses a copy.

 

The copy has no Capstone heading and reads as follows:

 

2nd March 2009

 

Dear xxxxxxxxx

 

Mortgage Account

 

Following a recent review of customer accounts, we have identified administrative errors which have affected your account and the account statement information you have received.

 

We have now rectified these administrative errors and the balance on your account has been corrected. As confirmation of this you will see an adjustment to the interest on your account balance in your next statement.

 

The current status of your mortgage account is noted below:

 

Account Balance at 1/3/2009 xxxxxxxx

Arrears balance at 1/3/2009 xxxxxx

Debit Adjustment Applied xxxx

 

A new quarterly statement is being prepared and will be issued shortly.

 

Please note that as a result of sending you the revised statement future statements will be sent to you quarterly from march 2009.

 

Please accept our sincere apologies for this error and should you wish to discuss the content of this letter please contact our Collections Department.

 

................

 

I know for a fact they didn't send the letter originally and it's interesting that they don't specify what the 'administrative errors' were in the first place. It also means that when they took me to court the arrears and oustanding balance were incorrect by £375.00

 

In my latest response from Capstone they are refusing to refund the £115 Arrears Litigation Fees that they keep applying since having to refund Arrears Management Fees and unpaid direct debit fees. They didn't start applying them until the Ombudsmans final decision so it looks like I'll have to fire off another complaint to the Ombudman and start all over again.

[enoughisenough]

I Think Mr Malek is probably going get very busy soon. Oh dear! I shall be sending a very strongly worded email myself imminently.

 

Let's hope his mortgage, wife and kids intact, hasn't been securitised. You know, i'd really feel for him if it has - especially if he hadn't been told upon origination and then subsequently 'true sale' operating in 'equity only'. PS did Everton win today or did Man U. My understanding was that you can't have both!

 

Cheers EIE. Keep the faith.

[enoughisenough]

Can Man U come back and retake the penalties if the shoot out has gone belly up?

 

Didn't think so either. That's enough obscure footballing metaphors although I expect one or two of you will glean what I'm getting at!

[midge61]

Well it looks like the government want to kick start the securitisation market again.................do they never learn!

 

Chancellor's 50bn home loans boost | Business | The Observer

[enoughisenough]

Hi Crapstone.

 

Give them a 14 day LBA. Then issue N1. They like litigation so I'm sure they will understand!

[jansus]

Little dotty as you are the Original poster - could you post a quick summary of where you are in your situation - or even a brief history in your signature - it is just I wanted to check how you are getting on and your thread has become very long!

[littledotty27]

Janus- Still waiting to appear in court on 29th april.

Received letter from there legal squad today stating they had put in for possession again as there was a shortfall on the payments.

 

Last time we appeared in court the judge told them to put a hold on legal fees being added,but today in there letter they have added £1035 to the arrears.

The arrears stand at £16k including £2100 interest added onto arrears.

Also received a reply back with re to the telephone harrassment letter,there reply is 'we disagree that this constitutes harassment'.

 

Ive had enough at the moment as both my father and father in law are ill with cancer.

Head is all over the place.

With re to the shortfall,when we called to make the payment we explained that DD had come out but payment would be made before next court date,which has been done. The guy on the phone said it would be ok and that he would make note of it. Has he? has he thump!!!

[enoughisenough]

Right. That's IT.

 

THEY ARE NOT GOING TO GET AWAY WITH THIS!

 

I'll PM you soon dotty!

[JonCris]

"spoke to them on the phone" please tell me you recorded them?

[littledotty27]

No couldn't get the recorder to work whilst taking the call but I did get the blokes full name.

[Smarterchick]

Janus- Still waiting to appear in court on 29th april.

Received letter from there legal squad today stating they had put in for possession again as there was a shortfall on the payments.

 

Last time we appeared in court the judge told them to put a hold on legal fees being added,but today in there letter they have added £1035 to the arrears.

The arrears stand at £16k including £2100 interest added onto arrears.

Also received a reply back with re to the telephone harrassment letter,there reply is 'we disagree that this constitutes harassment'.

 

Ive had enough at the moment as both my father and father in law are ill with cancer.

Head is all over the place.

With re to the shortfall,when we called to make the payment we explained that DD had come out but payment would be made before next court date,which has been done. The guy on the phone said it would be ok and that he would make note of it. Has he? has he thump!!!

 

Littledotty, I really hope you can glean something from these threads to help you with your repossession hearing.

 

One particular quote from JonCris I picked up and think might help you when or if you are infront of the judge giving your all to save things, It's this, take a deep breath and write this down to read out to the Judge when you are querying the ownership of your mortgage:

 

Re: Carmel Butler / House of Commons thread.:

"To litigate under law for compensation or repo there has to have been a loss by the claimant. However in the case of securitization & the original lender continues to claim to be the owner they have suffered no loss in that they have already been paid in full "

 

If your mortgage has been securitised this will give the Judge something to think about and I really wish you all the strength under the sun to pull through this. That little sentence above is very very powerful if you think about it carefully - even if you don't find out if the account is securitised it will put spml to strict proof to show it...and if it is...they're stuffed..Good luck. SC

[enoughisenough]

EIE concurs with Smarterchick's excellent advice.

 

Dotty. I have PMd you. Spk soon.

[littledotty27]

EIE

 

You have mail

[enoughisenough]

You're In!

 

Check your PM.

 

keep the faith EIE.

[jansus]

Janus- Still waiting to appear in court on 29th april.

Received letter from there legal squad today stating they had put in for possession again as there was a shortfall on the payments.

 

Last time we appeared in court the judge told them to put a hold on legal fees being added,but today in there letter they have added £1035 to the arrears.

The arrears stand at £16k including £2100 interest added onto arrears.

Also received a reply back with re to the telephone harrassment letter,there reply is 'we disagree that this constitutes harassment'.

 

Ive had enough at the moment as both my father and father in law are ill with cancer.

Head is all over the place.

With re to the shortfall,when we called to make the payment we explained that DD had come out but payment would be made before next court date,which has been done. The guy on the phone said it would be ok and that he would make note of it. Has he? has he thump!!!

 

 

 

Do you have some help in court?

 

And what is your up to date position with regards to payments - in other words ignoring the arrears can you maintain the current MP or will you be able to in the future?

 

I see there is a new mortgage rescue scheme launched today - but of course not all lenders are going to participate:(

 

Sorry to hear you are in your current position and still having to fight every inch of the way - when it really sounds as if you need a break.

[littledotty27]

I'm in bits and don't know what to do!!

 

I have justed phoned the muppets to make a payment to reduce some of the arrears.

I ended up putting the phone on them and not getting the advisors name (stupid I know).

The bloke asked me why I was in arrears and that it was company policy to ask.

I told him the company knows why we are in arrears,he said well im asking again.

I asked him if the payment had gone through and he said he wasn't putting it through until I gave him a good explaination!!!

He stated that I better make sure I find somewhere to live as they would make sure they would get the house this time!!

[Smarterchick]

I'm in bits and don't know what to do!!

 

I have justed phoned the muppets to make a payment to reduce some of the arrears.

I ended up putting the phone on them and not getting the advisors name (stupid I know).

The bloke asked me why I was in arrears and that it was company policy to ask.

I told him the company knows why we are in arrears,he said well im asking again.

I asked him if the payment had gone through and he said he wasn't putting it through until I gave him a good explaination!!!

He stated that I better make sure I find somewhere to live as they would make sure they would get the house this time!!

 

 

 

Ar**holes...take absolutely NO notice of this sanctamonious twit he's Jack sh1te in the bigger scheme of things...DO NOT BE INTIMIDATED by this fruitcake Dotty...Not one iota..

 

calm, collected with a few hundred people behind you, take notes on what's here and speak to no-one at spml...if you want a payment to go through, just pop into a bank with their account number and pay it across the counter...you owe them NO explanations especially to some ego tripping clerk on the phone. Do this in your own way and prepare...just think you can do this, the answers are on here to pull this off, you just got to believe in yourself...deep breaths, and FORGET THIS TWERP...

 

Jump back into the driving seat...take control it's YOUR call...we are all here ...

 

 

PS...sorry about the language, and me a lady!

[littledotty27]

Thanks SC

 

I am at an all time low at the moment and feel like I just keep hitting a brick wall.

I don't think the judge will be too happy that they have refused payment AGAIN!!

[Smarterchick]

Thanks SC

 

I am at an all time low at the moment and feel like I just keep hitting a brick wall.

I don't think the judge will be too happy that they have refused payment AGAIN!!

 

 

Look, I know you have one hell of a lot going on, but you can pull this off...you know it - I know it - hundreds of others know it...just believe it..okay?

 

whatever the arguments going on regarding this securitisation, and it's mind boggling for the majority of us, but it's given enough ammo, even if it's all poppycock for you to go into court and question the ownership " If you please your Honour, it has come to my attention that it is possible my mortgage has been securitised - sold and SPML the claimant may not be the true owner of the mortgage and therefore should not be the people persuing this litigation as Claimant. I therefore respectfully request the court to put the claimant to strict proof that they are indeed the true owner by producing all securitisation documentation, including the sales agreement between them and the SPV (Special Purchase Vehicle) to whom this mtg has been sold to, in front of the court for further clarification. Also, if the claimant has sold the mortgage then it has been paid in full and cannot show they are at any loss to procure litigation in any case"

 

That'll be enough to put a hold on your claim anyway I would have thought and you can gather your senses and decide what you want to do...maybe those with a better court expertise than me can advise further..? Anyone ?