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

[on*the*case]

I think we all jumped the gun and read far more into a site error. I trust CAG and their judgement .... ....................Let's just get back to the job of keeping homes..

 

Yes & Yes.

Far too much gripeing & whingeing.

Lets just keep focussed on what is really important.

[enoughisenough]

Don't think I've ever lost my focus but I'm sure some smart alec will be able to provide plenty evidence that I have. Keeping the roof over my head is something I think about every day.

 

As for griping and whinging...

 

When a cagger is due for eviction next week and sees their posts go up in smoke I do NOT see drawing attention to that fact as griping or whinging. This cagger was in desperate need of help and their posts were being obliterated. Consider this. Technical issues or otherwise we know that posts have been pulled..

 

It is a perfectly legitimate concern to raise and does not in any way impede the progress of this thread.So, if in the circumstances, anyone can tell me why I shouldn't flag this up, tell me and next time the target for eviction loses his or her posts we can just ignore it and keep "focused".

 

Just my 10p's worth.

Edited March 11, 2010 by enoughisenough
Ironically, post was substantially deleted on submitting...?

[ryde]

I want to gripe and I want to whinge ,although I'd actually call it a wholly legitimate complaint,how can you even begin to help save someones home if you can't see their posts?

The gripeing and the whingeing and the wholly legitimate complaining should be done to the feckin' FSA and CH yet the people who push this forward can be counted on one hand.

So is this a save me from repo site ,repo by individual repo or is it a site for fundamental change and the end to the rogue lender whose charges are the highest in the industry,accounts prove the group is trading insolvently and who still continue to charge you unfairly and repo you illegally despite the gmac ruling who's charges were I believe actually less.

Too many Indians not enough Chiefs,the burden falls on far too few.

If youre not with us whats the point? And if we fail at least we've gone down giving it our best shot.

You might just as well go to the CAB if this isn't what you want.

 

CIB COMPLAINTS

It has been observed and noted that this seems to have a peculiar effect. If for example your mortgage is with a former Lehman’s entity and or subsidiaries SPPL/ PREFERRED/SPML they may, since the collapse of Lehman’s, have been trading insolvently. Ask Companies House to investigate.

You are a concerned member of the public and they have a statutory duty to investigate such complaints…

ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE

either SPML/PML/LMC/SPPL:

the following are DIRECT tel#s, of the investigating & prosecuting organisations: .

1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

2. CH : Lee Jenkins(prosecuting Amany Attia(MD) for SPML/PML) @ 02920 380 643

 

3. CH : Mark Youde(accounts compliance) @ 02920 380 955

4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108

(part of the Insolvency Service) investigating all the Lehman lenders

5. CIB : Jeremy Pilcher(‘unofficial’-consumer/company lawyer) : @ 0207 637 6231

DO NOT EVEN SAY YOU HAVE BEEN ON A WEB SITE.

SAY YOU GOT IT FROM CONSUMER DIRECT WEB SITE OR A FRIEND TOLD YOU, OR YOU GOT PUT THROUGH BY THE SWITCHBOARD AT COMPANIES HOUSE.

When you get through do not use their names. Ask for their names.

THE EFFECTS COULD AND SHOULD BE DEVASTATING…

SHUT 'EM DOWN

Edited March 11, 2010 by ryde

[ryde]

The posts are not "being pulled left right and centre here", as Ida said there's been a software glitch & some where not showing. If anybody's posts are pulled for whatever reason you will be notified.

__________________

stercus accidit

 

When making a post do not make threats or libelous comments against Companies or their employees otherwise it will be edited/removed & you could face possible legal action.

 

If CAG has helped you, can you now help keep CAG running by making a donation no matter how small? Click here

.POSTED BY SITE TEAM ON ROCKETS THREAD.

[ryde]

rocket

hows the n244 coming along?

[rocket1]

ryde,

 

I battling with time and conflicts of advice ! I started editing the n244 down last night to confine it only to what Ell-enn and you suggest and although I did cut out all unnecessary words it was still about 650 words.

 

BUT the bloody thing did not yet include some other legitimate references as suggested by enough is enough and you. Am about to get at it now to complete it so as to file by 4 pm today.

 

Will post it when done.

 

BUT, interestingly I seem to have found what may be the answer to all our prayers. A bunch of people that if they are what they have just told me they are, specialise in going for the brokers and lenders mis-selling.

 

 

They seemed to think my statements should paint a comprehensive picture of the whole case and various points on which the eviction should be stayed as I did include in my original statement. they said they were going to phone me back within a few minutes with a more accurate view from a solicitor.

 

Have a look at their website here. they tell me they are a 'bunch of entrepreneurs who are NOT solicitors,but they employ solicitors and other professionals to put mis-selling cases together on a no win no fee basis.

 

I am, OF COURSE, cynical and they may be rip off merchants. But the guy I spoke to did sound convincing. See what you think !

[ryde]

rocket what have you got to lose?

It does say this underneath.

Mis sold Mortgages is a trading style of Gravitas Law Ltd.

Gravitas Law is regulated by the Ministry of Justice in respect of claims management activities.

Our registration is recorded on this website: www.claimsregulation.gov.uk

Our Authorisation no. is CRM15800.

 

 

Before you submit your n244 I would run it past Ell-enn it needs to be prioritised especially at the start, the misselling etc could come after the most important part ie servicing the mortgage even if this is only for the short term..

Check the opening hours of the court for tomorrow and submit it without fail tomorrow,I can't see another day will make a difference as its only with the court admin. and you must must must get this right to stand any chance.

eie

what do you think?

Edited March 11, 2010 by ryde

[enoughisenough]

I'm of the opinion it needs to go in today.

 

E -day Monday...

 

Rocket. PM myself and ryde with it. Even if it's in rough form and we'll liaise and bash it together. Probably too late to go to Ellen unless she's around now...

 

Those are my thoughts

[rocket1]

Ryde & EIE,

 

here is my n244 statement so far. What else needs to go into it do you think ?

 

10

 

Evidence in Support of Application Notice N244

 

During the whole of 2009 I was becoming increasingly ill. This meant I was unable to process any paperwork.

I had been accepted for inclusion in the government backed ‘Fast Track Mortgage Rescue Scheme’ which had been initiated by the lender in October 2009 and was being progressed. This came to a halt as a result of my illness.

I am in receipt of pension credit benefit as a lone parent with sole custody of my son and am legally entitled to receipt of mortgage interest relief which would pay the current monthly mortgage payments in full. This application has been part processed and my state of illness has prevented me from progressing it further to its conclusion.

 

I am now recovered from this illness am am now able to progress the above issue properly.

 

Because I had been accepted for the mortgage rescue scheme that scheme will, when completed, fully pay off the lender.

Meanwhile, when adequately progressed, the pension credit mortgage interest relief payments would pay the current monthly interest payments on the original mortgage in full. There will also be some degree of backdating.

 

I was unaware of any eviction notice until Tuesday March 2nd due to contracting a kidney infection and influenza severe enough for the doctor to want to admit me to hospital.

 

My son is also now ill and cannot attend school which means that whilst I am now recovering adequately enough from my recent illness, much of my time is taken up with attending to the needs of a very ill eleven year old boy.

 

It is the case that I have been a victim of the mis-selling with this lender owing to my desperate attempts to survive and keep a roof over the head of my son and I, and provide my son with as stable a home as possible under the circumstances.

I have now initiated a formal complaint (number 9320194) concerning the mis-selling of my existing mortgage with the Financial Ombudsman Service.

 

I would ask the court to suspend eviction until the FOS investigation is concluded; and also to suspend eviction pending conclusion of the mortgage rescue scheme which cannot take place if am evicted.

 

ORDER REQUESTED OF THE COURT

 

With all this in mind I would respectfully request the court to suspend the warrant of eviction to allow me the necessary time to progress the mortgage rescue scheme application and also the monthly interest payments from the pension credit department, which, combined, will provide no valid reason for eviction.

 

Taken together both of these will ensure the lender is paid in full.

 

Mr Richard Crofts, administration manager of the mortgage rescue scheme has assured me that I appear to qualify for all of the criteria for the successful conclusion of my mortgage rescue scheme application which will then repay the lender in full. (enclosed is a letter dated March 11th 2010 from the mortgage rescue administration.

[enoughisenough]

Ryde...can we have a quick PM on this...?

[scedminc]

Hi Rocket,

 

Your hearing by default will be allocated 10mins. As it would appear your statement of case and evidence will take longer than 10mins to discuss then on your N244 where it says how long you want the hearing to be then enter something along the lines of 30mins and ensure that you point this out to the clerk at the court office. In theory there is then no reason for a judge to dismiss your lenghtly application if the correct time is allocated. Of course this doesn't leave any room for a bent DJ who may just dismiss it anyway.

 

As EIE and Ryde have stated, it is most important you get this application in today as even if they give you a date for a hearing on Monday and you lose then the warrant will still go ahead for the same time i.e. a few hours after the hearing.

 

Sced.

[ryde]

Quick thoughts looks a great deal better especially with the letter dated march 11 from mortgage rescue admin.

If as eie feels you do submit basically this today can you submit an amended copy by tomorrow if other relevant things for inclusion are found later?

Theres only an hour left !!!!! usually theres no DJ's working friday(at least in my part of the world) so the earliest it will get seen is monday.

Ring the court and ask them otherwise this is gonna be one hell of a rush.

[rocket1]

Ryde, EIE,

 

this bit isn't quite clear to me. Should I include demand for authorisation, if so how do I word it ? And again. I have so far just made the brief comment I am making FOS complaint about mis-eeling without going into all the mis-selling reasons. Should I give all those reasons ?

 

Who was the originator? SPML/SPPL/Preferred? Locus standi. Don't rely too heavily courts not that interested. But where is their sols authorisation to act on behalf of the lender....bet they haven't got it...Instructions from lightfoots/optima or some other to a local sol, But who instructed them? Capstone that's who. Where is the letter that proves Capstone have right to collect payments and issue claim?

 

Claimants conduct take out all the medical stuff and Itemise a b c of where they have misbehaved Again succinct you can articulate if the judge bites.

 

CJC:

 

In October 2008 the Civil Justice Council published the pre-action protocol. These include the steps lenders must observe before they can bring a possession claim. There is a clear requirement for the lender to observe these protocols and ensure that any possession claim is an action of last resort. Needless to say many possession claims conducted by Capstone Mortgage Services are not claims of last resort or even anything remotely resembling a lost resort remedy.

 

http://www.civiljusticecouncil.gov.u...col_21_Oct.pdf

[enoughisenough]

Rocket

 

Slight change of opinion here. Ryde IS RIGHT. TOMORROW IS BETTER. I think we are all having a serious heart to heart about this and the last thing we want to do is rush it. You will have this hanging over you for the weekend now and Monday will be enormously stressful for you.

 

WE ARE WORKING ON IT...

[enoughisenough]

RYDE

 

you have PM....

 

Rocket.

 

Go and make a cup of tea.... We are on it...

[enoughisenough]

Good call sced....

 

N244 best done as a 1,2,3,4,5 etc in your opinion? Give a number of reasons why it is a problem and give the Judge at least three different legal bases for finding a suspension the most appropriate and fair outcome...that's my thinking. It still needs a tighter structure, but rocket don't fret...we'll cover that for you...

[enoughisenough]

Rocket

 

IF IT IS AT ALL POSSIBLE GET A LETTER FROM YOUR GP STATING THE EXTENT OF YOUR ILLNESS AND YOUR SONS and tell the GP that the criminals are trying to evict you and you would like a letter which you can present to the court to show the possible consequences of such eviction were it to go ahead.

 

the DJ would have to be the worst DJ in History not to give you a suspension to get your affairs in order

[rocket1]

Rocket

 

IF IT IS AT ALL POSSIBLE GET A LETTER FROM YOUR GP STATING THE EXTENT OF YOUR ILLNESS AND YOUR SONS and tell the GP that the criminals are trying to evict you and you would like a letter which you can present to the court to show the possible consequences of such eviction were it to go ahead.

 

the DJ would have to be the worst DJ in History not to give you a suspension to get your affairs in order

 

Done

[ryde]

Rocket

what concerns me is that in your particular case capstone unusually have cut you an enormous amount of slack, over 12 months without payment and to them this is an action of last resort as the emphasis was upon you to have sorted this out, obviously your health issues being a mitigating factor.

It may be extremely difficult to get over to a DJ a misselling argument given the tolerance of the lender at an eviction hearing and given these circumstances.

Look at it how a busy DJ would look at it.

You are saying you want the eviction suspended on the one hand because all your benefits will cover the repayments then on the other you are saying you were on benefits and were missold the mortgage.One argument surely defeats the other.

Thats how it could easily be construed.

The only way around this would be to argue you were led to this situation by the misselling but this seems like wafer thin ice to me looking at the whole situation objectively.

I think a DJ would find it quite remarkable that you can get a 170 g mortgage on benefits so there is that angle but I cannot see this being to your advantage as you are the beneficiary.

Edited March 11, 2010 by ryde

[enoughisenough]

Rocket

 

I have substantially amended this to fit the way a court might want to look at it. Ideally I would want to trim it down even further. The trick is to give them little on paper and then expand on each point when they ask. If you put it in a certain way they will be curious to see what you have to say.

 

So. CAN I PM RYDE WITH THIS AS WELL FOR A SECOND OPINION. AND WE WILL SEE IF WE CAN GET IT TIGHTER. THEN WHEN ALL 3 OF US THINK JOB DONE WE CAN WHIZZ PAST ELL-EN?

 

How does that sound? Await your answer.

[Gallahad]

Can I say you guys are much taller when assisting than you sometimes appear when you are confrontational. keep up the great work.

G

[enoughisenough]

G

 

You have no idea...

 

You should see the effort , dedication and brotherly and sisterly love that goes on behind the scenes...

[enoughisenough]

Rocket

 

Given the urgency I didn't await your expected yes...so sorry if you didn't want ryde to see it but I'm sure you don't mind and in any case it's just a stripped down more legal version of what you've posted already. Let me know how you feel about this...EiE.

[Gallahad]

G

 

You have no idea...

 

You should see the effort , dedication and brotherly and sisterly love that goes on behind the scenes...

 

I can imagine though EIE when I see the un hidden efforts you guys are capable of.

G

[enoughisenough]

:D:D

 

Keep the faith

 

NO KAGGA LEFT BEHIND...