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

[sohoscribbler]

Well done, Rocket1. A great start.

 

Ok Guys 'n Girls'

 

Sorry to intrude, but I would like to let you all know I have started a blog site here with the express purpose of drumming up public support from the whole public as well as CAG.

 

The idea is to collect ghastly mortgage stories on this blog site and inform readers about joining in a class action and how they can join in if they want to.

 

A class action simply becomes automatic from the Office of Fair Trading if they receive enough complaints from mortgage holders and the re-possessed.

 

This blog aims to make sure the Office of Fair Trading Will get enough complaints and therefore all the hard work and cost of a legal action will be born by the OFT and not us.

 

The blog site is called:

 

HOMEOWNERS FOR JUSTICE AGAINST MORTGAGE RACKETEERING

[zither]

Fixed rate came to an end this month. We hadnt heard from Capstone to find out our new payment so we rang them. The first call was answered by a guy whose first words were "how much would you like to pay". The wife said that we wanted to know what our new payment was. "Oh, our computers are down can you call back?". We called back in the afternoon-no wonder they didnt want to tell us what the payment was we save £500!!!.Chuffed to bits, only for the 3 months though so keep that rate down please.

[sohoscribbler]

I own a flat in a very expensive area and the arrears on my loan are less than 0.1% - a thousandth - of the property's value. My income is variable and my clients often pay me very late, hence the arrears. Yet SPML threatens me with repossession and refuses to discuss repayment terms. IMHO, these guys are ****, although I probably shouldn't have taken the loan in the first place. I should have starved and begged on the streets instead.

Edited December 19, 2009 by sohoscribbler

[zither]

I own a flat in a very expensive area and the arrears on my loan are less than 0.1% of the property's value. My income is variable and my clients often pay me very late, hence the arrears. Yet SPML threatens me with repossession and refuses to discuss repayment terms. IMHO, these guys are ****.

 

Why do they refuse to discuss terms? Surely if heaven forbid, it went to repo the court would want to know why?

[sawyer]

SPPL are the names on the court papers re my hearing in Jan 2001.

[zither]

SPPL are the names on the court papers re my hearing in Jan 2001.

Do you mean 2010? If all the talk is true then maybe that will change or not be legal? People in the know will tell you either way.

[sawyer]

Hi, yes I did mean 2010 Capstone's Eviction Xmas present !

[kegi]

midge

think they've just quoted the blurb from the prospectus as loans from both sppl and spml were securitized with this spv,it is sppl who are stated as being likely to be imminently insolvent.

 

IT APPEARS CAPSTONE ARE NOW VIGOROUSLY PURSUING A STEPPED UP POLICY OF REPO. from some of the pm's I've received.

They say which is accepted without question by the courts, that they are acting for the originators without any letter of authority or power of attorney,as the originators have no personnel especially sppl I cannot possibly see how they can have any valid authorisation to bring claims on their behalf.

SO FOR HOW LONG HAVE CAPSTONE BEEN BRINGING ILLEGAL AND SUCCESSFUL ACTIONS AND REPOS FOR A COMPANY THAT HAS HAD NO DIRECTORS FOR SOME TIME (APRIL 2009) AND CONSEQUENTLY FROM WHOM THEY CAN HAVE NO POSSIBLE LEGAL AUTHORITY?!!

SURELY THIS MUST BE REPORTED YET AGAIN TO THE FSA AS IT IS STILL GOING ON NOW.

 

Comments please?!!

Ryde I would be interested to know who these people are ie the PM's

no one on this site as far as I know are asking who are you, they are going to court with the help of the brill Ellen and coming to payment

deals to stop repo and eviction and in most cases winning [albiet for how long who knows.]

As to the power of attorney I believe this was granted at the onset of the deal done between O/L and SPV this along with the title deeds lodged with the Trustee for safe keeping .And for them to use as seen fit .

The question should be asked is how SPML etc can sue for what they no longer own [the Receivables ]

KEGI

[rocket1]

I just thought some of you might be interested in reading this as it shows that we have more muscle than you might think !

 

"Almost every system our government has built or interfered in is broken. Healthcare. The economy. Education. Our courts. Our infrastructure. Our environment.

 

It's time to fix them.

 

This is a make-it-or-break-it moment in our history.

 

Either we set the progressive agenda ourselves. Or the next wave of politicians will set its own agenda, no doubt with the help of corporate crooks and an army of special interest groups.

 

Where do we start? By rejecting the inevitability of the same old regressive politics of the past. By rising up in numbers never before seen.

 

By engaging in the political process as if our lives depended on it.

 

Because they do.

 

CommonDreams.org is your community, your movement, your platform for civic participation.

 

We provide the Internet meeting space, the news and views, the tools.

 

You bring your creativity, your energy, and your passion for the progressive ideals that are at the heart of all of our hopes and dreams.

 

Please become part of the future of progressive politics!

 

Why it matters | CommonDreams.org

[rocket1]

I just found this. It might be of some help to people here !

 

MARLA LYNN SWANSON, Plaintiff, vs. EMC MORTGAGE CORPORATION, et al., Foreclosure Combatant

 

It is the legal documentation about a litigant complaining the lender had no right to bring action against the borrower - as discussed on this thread.

 

It might provide guidance !

[ryde]

Ryde I would be interested to know who these people are ie the PM's

no one on this site as far as I know are asking who are you, they are going to court with the help of the brill Ellen and coming to payment

deals to stop repo and eviction and in most cases winning [albiet for how long who knows.]

As to the power of attorney I believe this was granted at the onset of the deal done between O/L and SPV this along with the title deeds lodged with the Trustee for safe keeping .And for them to use as seen fit .

The question should be asked is how SPML etc can sue for what they no longer own [the Receivables ]

KEGI

keggers

can't quite catch yor drift here mate.

Anyone facing iminent repo have advised them to post their situation here where they can receive help and also be redirected to Ell-en on the repossession thread for further help with the repo and court papers .The only advice I can offer is if the charge registered in the name of SPPL only is transferred to the spv and I am not going to post it in public here due to the prying eyes,any such opinion I give is my own and as far as I am concerned its an absolutely no lose situation.It will not help anyone facing iminent repo at the moment.Anyone who pm's me will have their posts vetted.You can all vet mine and make your own minds up and just use your own judgement.

The spv prospectus states that the spv has irrevocable power of attorney to perfect the legal transfer through the originator in this case SPPL.

SPPL has no stated contract or granting of such an attorney to bloody Capstone to issue or start proceedings in its name from what I can see,the only person with this power is the spv.

Sppl have no personell to even instruct capstone to do this,yet they will state they are conducting all the business of sppl.etc Wheres the written authority then.

 

All capstone are is collectors and administrators of the mortgage payments for the spv who as usual remain hidden like woodworm.

 

 

sawyer

Really would respectfully suggest you:

1 Get your problem posted a.s.a.p. on this thread,clocks ticking.

2 Get the notice to noteholders recently posted printed out.Title to sue is passing from the originator to spv,there is however nothing concrete yet.

 

 

Great fighting talk rocket,motivate the troops,we're ready.

Expose 'em

then

Fix 'em for good

 

Edited December 20, 2009 by ryde

[JonCris]

I just found this. It might be of some help to people here !

 

MARLA LYNN SWANSON, Plaintiff, vs. EMC MORTGAGE CORPORATION, et al., Foreclosure Combatant

 

It is the legal documentation about a litigant complaining the lender had no right to bring action against the borrower - as discussed on this thread.

 

It might provide guidance !

 

Hi I wonder if they'll provide forensic audits for UK victims:confused:

[sawyer]

Hi, I believe everything regards my court hearing is well in hand now thanks to Ell-enn. I have a lot to tell the judge, extortionate fees UTCCR 1999, arrears made up of fees, missold PPI etc etc. Will print off that notice, anything else ?

 

A couple of questions - My loan was originaly taken out under the 1974 consumer credit act (under £25,000) Does this change anything ?

 

Has anybody received back requested transcripts in their SAR ? Capstone refer to these telephone conversations but are unable to give transcript copies.

[ryde]

sawyer

really glad you have managed to get sorted out will see if I can find anything for you on cca1974 and will post here.FROM OWN EXPERIENCE TRY AND GET EVERTHING IN WRITING IN BULLET POINTS KEEP A COPY AND GET IT SUBMITTED TO THE JUDGE ALSO IF YOU CAN GET SOMEONE ELSE ALONG SUCH AS THE CAB REALLY TAKES PRESSURE OFF.KEEP US INFORMED AND WATCH THIS SPACE.how much are they trying to extort from you for chissakes if the loan is under £250000 and regulated by cca1974 they must be desperate if they can't come to some arrangement.

Ask bloody capstone where is their letter of authority from sppl to bring these proceedings, which would seem bloody miraculous seeing as sppl have no personell to write such authority,must be using a ghost writer!!??sneaky b.stards.

Edited December 20, 2009 by ryde

[Crapstone]

Hi, I believe everything regards my court hearing is well in hand now thanks to Ell-enn. I have a lot to tell the judge, extortionate fees UTCCR 1999, arrears made up of fees, missold PPI etc etc. Will print off that notice, anything else ?

 

A couple of questions - My loan was originaly taken out under the 1974 consumer credit act (under £25,000) Does this change anything ?

 

Has anybody received back requested transcripts in their SAR ? Capstone refer to these telephone conversations but are unable to give transcript copies.

 

I've been through that with Capstone and made them trip up by complaining. They 'reviewed' the conversation, which means they had a copy available even though they denied it initially. You have to put pressure on them to get anywhere and then fire it back at them. Ignore the excuses and show them you mean business and wont rest until they back down.

 

I don't know your circumstances but it may be of use to say how you were sold the loan. Was it a cold-call, were you made aware of your rights?

[wonderman]

Dear Rocket1

 

Thank you for posting up about your blog site. Having read the Neasa MrErlan's article, do you or any body else know the name of the 1991 case referred to in her article, i.e., where she reports:

 

A case based on what's known as mortgage "misrepresentation" might also be feasible. According to Ryley, this might be arguable if you were "given a very hard sell, or told everything good about the product and given no information about what would happen when interest rates went up". If misrepresentation is argued successfully, the contract can be rescinded - as a case in 1991 proved.

 

I find it interesting that where there is a case where a borrower prevails (a massively rare occurrence), the case cannot be found on bailii. Wonder why these prescendents are always so unavailable to the public...but maybe it's just me...does anyone know this case?

[mrsiphone]

Mortgage possession | Nearly Legal

 

this have anything to do with it

[wonderman]

Mortgage possession | Nearly Legal

 

this have anything to do with it

Thanks Mrsiphone. Interesting case and its always useful to keep a log of these rare wins for the underdog. The case that the Guardian report refers to is a 1991 case.

[wonderman]

I just thought some of you might be interested in reading this as it shows that we have more muscle than you might think !

 

"Almost every system our government has built or interfered in is broken. Healthcare. The economy. Education. Our courts. Our infrastructure. Our environment.

 

It's time to fix them.

 

This is a make-it-or-break-it moment in our history.

 

Either we set the progressive agenda ourselves. Or the next wave of politicians will set its own agenda, no doubt with the help of corporate crooks and an army of special interest groups.

 

Where do we start? By rejecting the inevitability of the same old regressive politics of the past. By rising up in numbers never before seen.

 

By engaging in the political process as if our lives depended on it.

 

Because they do.

 

CommonDreams.org is your community, your movement, your platform for civic participation.

 

We provide the Internet meeting space, the news and views, the tools.

 

You bring your creativity, your energy, and your passion for the progressive ideals that are at the heart of all of our hopes and dreams.

 

Please become part of the future of progressive politics!

 

Why it matters | CommonDreams.org

 

Total and absolute agreement with you Rocket1!

 

We are oppressed and burdened with total corruption at every national institution and the tax burden falls only on US!...Will visit the CommonDreams web site, but in the meantime, my hope is that:

 

at the next election vote for ANYONE EXCEPT for the usual labour/conservative MPs. If we want change - real change - then we need to get rid of BOTH labour and the conservatives. They are both the bloody same deal so change means getting rid of those career polititians who just rubber stamp their dictator's whim. The establishment have alread "annointed" Cameron as the next dictator/prime minister - he'll be just as bad to us as the others. Get rid of career politians and their career MP monkies.

 

Please consider any other MP!!!..and lets make them represent US!!!

 

Lets abolish safe seats for career MPs. NO MORE "SAFE" SEATS for career MPs!!

[osprey29]

Hello Im new here but have read with interest all the stories and detective work thats being going on. I wonder what everyone thinks we should do?Just sit tight,and see if FSA announce in Jan that infact Capstone/SPML are infact 1 of the 4 that have been investigated and maybe ordered them to refund extortionate charges back, as per GMAC? Although if thats the case, who would pay? (If SPML dont or wont exist?)

 

Plus any ideas on how to find out if infact Capstone can issue Repo Orders and if Suspended ones can be legal, for a company that is insolvent? Any feddback would be much appreciated? I know some MPs have written some paper havent they? and are questioning FSA's timescales? Views?

[kegi]

Hello Im new here but have read with interest all the stories and detective work thats being going on. I wonder what everyone thinks we should do?Just sit tight,and see if FSA announce in Jan that infact Capstone/SPML are infact 1 of the 4 that have been investigated and maybe ordered them to refund extortionate charges back, as per GMAC? Although if thats the case, who would pay? (If SPML dont or wont exist?)

 

Plus any ideas on how to find out if infact Capstone can issue Repo Orders and if Suspended ones can be legal, for a company that is insolvent? Any feddback would be much appreciated? I know some MPs have written some paper havent they? and are questioning FSA's timescales? Views?

 

Don't know about the first bit

As to the other if you are in Capstones books part of their remit is to litigate for and on behalf of those mortgages lenders

On the bit in bold I'm inclined to say yes until told I'm wrong

kegi

[wonderman]

Don't know about the first bit

As to the other if you are in Capstones books part of their remit is to litigate for and on behalf of those mortgages lenders

On the bit in bold I'm inclined to say yes until told I'm wrong

kegi

On Kegi's bold bit, I'm inclined to say no, until told I'm wrong.

Wonderman

[kegi]

On Kegi's bold bit, I'm inclined to say no, until told I'm wrong.

Wonderman

 

Thanks Wonderman I never get owt r8 I'm speaking in latin now as well ? I think

 

kegi

 

jingle bells jingle bells to all:p

 

PS I vote for a poll

[enoughisenough]

Got to be away all for the moment

 

But I will be back in the New Year, fighting for all

 

In the meantime it is obvious that I should pay my good xmas wishes to the following:

 

To all at Captsone mortgage sevices: get lost; you deserve no well wishes at all.

 

To Sced, Crapstone, Little Dotty, Midge, and other stalwarts well done for sticking in.

 

To JC and SS thanks for everything YOU HAVE DONE to raise the game.

 

For Sue thanks also for raising the bar, much though I may disagree.

 

To Wonderman also for interesting and renewed hope.

 

To the oft irritating ITBG? who just seems to have disappeared at an interesting moment?

 

In short. Merry Xmas to you all. You have between you such a combination of talent it is appalling that we still have to fight this fight. But fight it we must and so it goes on...

 

Very best Christmas wishes one and all!

[Crapstone]

Got to be away all for the moment

 

But I will be back in the New Year, fighting for all

 

In the meantime it is obvious that I should pay my good xmas wishes to the following:

 

To all at Captsone mortgage sevices: get lost; you deserve no well wishes at all.

 

To Sced, Crapstone, Little Dotty, Midge, and other stalwarts well done for sticking in.

 

To JC and SS thanks for everything YOU HAVE DONE to raise the game.

 

For Sue thanks also for raising the bar, much though I may disagree.

 

To Wonderman also for interesting and renewed hope.

 

To the oft irritating ITBG? who just seems to have disappeared at an interesting moment?

 

In short. Merry Xmas to you all. You have between you such a combination of talent it is appalling that we still have to fight this fight. But fight it we must and so it goes on...

 

Very best Christmas wishes one and all!

 

Only you could come out with that lot EIE

 

Have a good Xmas and New Year then come back fully recharged. Best wishes to you and yours. And thanks for being so supportive to all on here and sticking with it through thick and thin.

 

Take care and don't forget your thermal vest.

 

xx