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    • The "grief tech" firms helping users create talking avatars of their dead relatives.View the full article
    • I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
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    • Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
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SPML/LMC anyone claimed for mis selling and unfair charges?


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I know it's not SPML or Capstone, but in a similar subprime vein, our rate with Swift was as high as 15.77% at one point in 2007, which is no consolation to those of you still struggling but I would have been glad of anything under 10% back then. Throughout the time we were with Swift it never dropped below 14.52%.

 

The rate of our C&G mortgage which we had at the same time was 6.75%.

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Hi all

 

Does anyone know how they work out what the margin should be? My mortgage is 4.25% plus LIBOR.

 

I took my mort via a broker and had not been in arrears with my previous company for 6 mths but had had arrears of 1 month before that due to the mort companys mistake which they had to repay my charges for via the fos.

 

I think my margin is quite high but don't understand how they come to that amount. I am having trouble with Capstones at the moment due to them making up arrears but it has been dealt with by the fos once and seems like it will have to go to them again!

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Hi all

 

Does anyone know how they work out what the margin should be? My mortgage is 4.25% plus LIBOR.

 

I took my mort via a broker and had not been in arrears with my previous company for 6 mths but had had arrears of 1 month before that due to the mort companys mistake which they had to repay my charges for via the fos.

 

I think my margin is quite high but don't understand how they come to that amount. I am having trouble with Capstones at the moment due to them making up arrears but it has been dealt with by the fos once and seems like it will have to go to them again!

 

I did come across something on the net meant for brokers which gave all the catagories and the margins ..ranging from light subprime to fully loaded and it gave what each meant. i.e. defaults, CCJ's, mortgage arrears.

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thanks crapstone will have a google and see what it comes up with.

 

I would of thought this is something the brokers should make you aware of. I never realised there was any variation until I started looking at the prospectus and began digging.

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Crapstone is absolutely right. Check these with a bloody fine tooth comb. If anyone can afford to have your statements professionally and independently audited I strongly recommend that you do so. Incidentally is there any archive of historic 3 month libor rates? It seems impossible to find it. Freedom of information request perhaps?

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 midge

 

That's great but been bumping around this for a while. Any idea where the historic and accurate UK libor rates can be found?. I doubt the bba are going to tell me what the 3 month libor in september 2005 was. I'm after each quarter since then. I've contacted them but thus far nothing.

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 midge

 

That's great but been bumping around this for a while. Any idea where the historic and accurate UK libor rates can be found?. I doubt the bba are going to tell me what the 3 month libor in september 2005 was. I'm after each quarter since then. I've contacted them but thus far nothing.

 

I had similar trouble finding a site and I did in the end but unfortunately I bookmarked it on my other computer which has since died.

 

I'm sure it was all listed on an economics site, London School of Economics comes to mind but that was a few months ago now and I'm not even certain that's the correct name but try it anyway.

 

I know I printed them all off and they are buried in all the masses of paperwork we have on Capstone and SPML so I'll try to find them out for you when I get a chance.

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That's great capstone. Having this info would be great. I bet they've been shoddy here as well. What a stick to beat them with when they come calling. How they going to explain that one eh?

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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Ladies and Gentlemen,

 

The conspiracy thickens and having done my best to go through what documentation l've had available, l'm very very upset! To start with, let's talk about the lenders rights and as to what is stated in my mortgage deed para 38. Transfer of Rights;

38.1 The Lender may sell, assign, or transfer any or all of the Lender's rights, benefits and obligations under this Mortgage and any other security interest entered into under this Mortgage and any of the Secured Amounts to anyone at any time(s).

 

38.2 lf the Lender shall sell, assign or transfer any or all the rights, benefits and obligations under this Mortgage or any other security interest entered into pursuant to this Mortgage, Your own rights, benefits and obligations under this mortgage will stay exactly the same but You will be bound to the person to whom the Lender has sold, assigned or transferred this Mortgage and/or the relevant Secured Amount. That person will TAKE ON THE LENDER'S POWERS, RIGHTS, BENEFITS AND OBLIGATIONS TO YOU INSOFAR AS THESE ARE SOLD, ASSIGNED OR TRANSFERRED AND THE LENDER WILL BE RELEASED AUTOMATICALLY FROM IT'S OBLIGATIONS TO YOU INSOFAR AS THE LENDER'S OBLIGATIONS ARE ASSUMED BY THAT OTHER PERSON.

 

Guys, what this means is that we are defrauded of the most basic rights under any normal contract erformance. The lender floggs your ''beneficial''

part of the mortgage and is thereby released from any and/or all responsibilities INSOFAR AS THE LENDER'S OBLIGATIONS ARE ASSUMED BY THAT OTHER PERSON????????????????????????????????????????

 

We do not know, we will proberbly never know, but, the Lender has the ultimate weapon against us as he can on the one hand claim that The Other Person is responsible, why, on the other hans claim that The Other Person has not assumed full responsibility, but, only enjoys the benefits of the Mortgage. Catch 22 for us and the doomsday machine for the lender as he will always be in the right and you and l will always be forced to bend down! The caveat is IF here as in IF THE OTHER PERSON LIKES TO TAKE ON OBLIGATIONS. We do not really know who that other person may be and what our contractual relationship to him is as we are not informed. Talk about a double wammy. This needs a very smart lawyers view as l consider it outright misleading. Further, any solicitor worth his £200.00 an hour should have noticed this and made me and you aware of this double edged sword.

 

Regarding our or at least my mortgage rates l'm equally peed off. l just found a statement from my lender quoting a new mortgage rate set in July 2008 and based on a LIBOR rate of 5.87%, but according to the LIBOR index the July 2008 rates for 1, 3, 6 and 12 month were 2.40%, 2.78%, 3.11% and 3.31% respective. Last time the LIBOR rate was anything near %.87% was in January 2000 when it was 5.86%. l'm now in the process of checking through the rest of my mortgage statements as well letters of changing rates, but, it seems to me that they do use 1 month LIBOR as my last letter stated that the next review would come one month on. ln any case, to me it looks like l've been had for quite some money during the years since my preferential rate finished and a thorough investigation may just be enough to start off something positive against these ...whatever....

 

Shall keep you updated

GR

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Just got off the phone with my solicitor and this is what he said:

This is a major major action and can only be done by a specialist solictor/barrister who can act with passion. Get as many people together as possible and collect enough funds to get started, i.e. a few thousand.

l have the necessary information to interview possible solicitors with good barristers and will start today. l now need commitment from those who are willing and able to participate soonest. Based on the number of people and the possible funds we can commit, we can proceed with a solicitor of common choice. Your views and comments are urgently required.

Gustavius

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One more item of interest. ln my mortgage agreement it states that the mortgage rate shall be calculated on a monthly basis or at least 4 times a year and be the 3 month LIBOR + premium. l've checked some of my statements and rate adjustments and in every case the LIBOR charged is double the historical Libor rate for that particular period! Even if l calculate the rate based on the previous month and interpolate it become a double LIBOR rate! l urge everyone to check their statements out.

G

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Hi

 

Well it seems they have updated their site re LIBOR correctly. Will double check when I get my notification from them.

 

Will also check my previous statements .

 

My mortgage docs say the same as yours about their right to sell on and me have no change in my obligations even though they only sent a letter stating that all future payments would now be to Capstones.

 

I wrote to them when my fixed rate was due to come to an end to ask what alternatives they could offer and what they could do to help if I hit problems paying. Their reply was that they were not mortgage lenders or financial advisors and so I should seek proper advice.

 

I think it would be good if we could find a firm of specialist auditors to check all our accounts. Bet that would turn up a few nasties. I know most of my statements do not make sense and even the FOS adjudicator couldn't believe how bad they were.

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l have access to what l believe is a serious, specialized and engaged firm of solicitors. lf l can raise enough interest and not only talk, then l shall approach them for advice.

 

As for contract law and securitisation, these are two different issues. Capstone are officially nothing but administrators, i.e. appointed by the lender to administrate the mortgage. But, who's the lender? and who's in charge and instructing Capstone? According to the mortgage deed Preferred or SPML may no longer have any obligations towards to borrower, hence, who is then responsible for the setting of my and your mortgage rate? who's determening and is responsible for the LIBOR to be applied? As a matter of fact, this is now so fluid that non of us have a clue as to who owns what, is responsible for what, and why have we not been informed by the administrator about our mortgage situation? l need some answeres and that very soon or l shall take measures required to obtain this information.

GR

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GR you are on a roll here. I have been up to my eyeballs in other stuff but that is breaking soon. I think I may have some of the answers we are looking for here. Give me a little more time and I will contribute some pieces to the jigsaw. Good on you for getting the ball rolling with some proper legal advice.

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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