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

[ZillaK]

..might see if I can get any headway with the penalty charges & fees in my case.. they all seem to have disappeared on paper.. but they're certainly still there looking at the balance owed etc...

 

ZillaK

[on*the*case]

..might see if I can get any headway with the penalty charges & fees in my case.. they all seem to have disappeared on paper.. but they're certainly still there looking at the balance owed etc...

 

ZillaK

.....and attracting interest charges

[enoughisenough]

Well now we are talking

 

Trust me on this. They simply don't have anywhere near the resources of the high street banks to resist a sustained and large scale assault on the unfair charges. It will bring them to their knees.

 

So how is it to be done?

 

Firstly, you will either have all your statements from the feckless criminal cabal at High Wycombe or you will need to Subject Access Request them using s. 7 of the Data Protection Act, 1998.

 

Secondly, itemise in a spreadsheet all their charges. The ones that are definitely claimable are Arrears Management Fees, Litigation Management Fees, Arrears interest and unpaid direct debit fees. Please add to the list any charge (They have about 30 different charges) that seem unreasonable. If they appear unreasonable that is almost certainly because they are. The spreadsheet templates will also add 8% statutory interest. Where can you get 8% these days? You will see that especially with the muppets we deal with that the charges add up to more than a pretty penny.

 

Next we are relying on our old friend the Unfair Terms in Consumer Contracts Regulations (1999 Statutory Instrument 2083). You can find them here:

 

Statutory Instrument 1999 No. 2083

 

Forget about the supreme court ruling in the banks charges case. This is being spun as the charges are fair. It is no such thing. Paragraph one of the SC judgment makes this clear.

 

http://www.supremecourt.gov.uk/docs/uksc_2009_0070_judgmentV3.pdf

 

Next is a letter before action. I have now had the opportunity to examine my statements etc . Please refund against my account the sum of xxxxx. Do not include the 8% at this point. (You can't as it's in the Courts Discretion).

 

 

They will then tell you to get stuffed in their own inimitable style. Give them another seven days. Then when they don't respond use this form:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

Go to your local county court and submit. Guidance can be sought on POCs here.

 

Then it's a case of who blinks first. THis is a HIGH RISK STRATEGY. If you are currently under a suspended order I really cannot recommend this as they will retaliate with A NOTICE OF EVICTION. And you will be under immense pressure. As for those with Liberty to restore orders still in arrears it's more fifty fifty in terms of how they are going to retaliate but for those NOT in arrears - Trust me there will be charges ( and discrepancies in terms of allocation of your payments galore) that they will find trouble in defending.

 

Finally - They fear the potential of this. But it is not the panacea we are looking for when under a suspended repo order. It is nonetheless a very useful defence if they get narky and try a warrant for eviction or put in a possession order.

 

Not retracting here. They are genuinely scared of this. But in practice it will need to be handled very carefully.

 

Please seek further advice before proceeding... (from me if you wish...!) Your actual circumstances with these predators need to be carefully considered.

[ryde]

Had this strange flashback to Hayes, who can forget that one!Everyone saw how easy it was to be apparently duped by entries on a register.All this lot have only existed recently on paper,no premises,just names on a register (now they've all moved to a sail address so they don't need premises for investigation of all the registers),litigation through solicitors,never any physical contact or personal representatives in court, voices on a phone,could be from anywhere.Maybe since Lehmans went bust thats all it is,all being controlled from one boardroom and Littledotty's actually by accident discovered part of whats really been happening for a long time? Capstone may have folded or be about to fold(hence account number changes?) and started delegating everything to vertex:mind boggling,sorry for diversion.

[ZillaK]

..thanks for the info in your last post EIE.. it's challenging their charges that seems to have gotten us into trouble with this lot in the first place..

 

@ everyone.. the use of Vertex fits with a disaster limitation and recovery policy as well as outsourcing certain customer relationship activities.. Vertex were always ruthless in terms of sales and collection teams.. as a company they're also ruthless when it comes to acquisitions & stripping of assets prior to liquidation..

 

ZillaK

 

ps.. I wonder if they're looking for any temp staff

Edited January 17, 2010 by ZillaK
adding ps..

[enoughisenough]

Here's Vertex Details from a 2008 prospectus - probably the last one:

 

Vertex Mortgage Services Limited

 

Vertex is a company incorporated in England and Wales (Registered Number 02042968), is authorised and regulated by the FSA (Reference Number 306064), and has its registered office at Pegasus House, Kings Business Park, Liverpool, Prescot, Merseyside, L34 1PJ.

 

Vertex operates from three sites in the U.K., Cheltenham, Chester and Dudley, and the IT systems at all sites are fully interchangeable so that in a disaster recovery situation, mortgage loans can be serviced from any location.

 

Vertex is currently servicing approximately 60,000 loans with an aggregate value of £5,000,000,000.

 

Vertex has the following servicer ratings: “RPS3+” in respect of its primary servicer rating (prime and sub- prime) by Fitch and “Average” as a prime and sub-prime residential mortgage servicer and Special Servicer by S&P .

 

And Homeloan Ltd for anybody who is interested.

 

Homeloan Management Limited

 

The registered office and principal place of business of Homeloan Management Limited is 1 Providence Place, Skipton, North Yorkshire BD23 2HL. Mmmm... no registration unlike Vertex...

 

Homeloan Management Limited currently provides mortgage administration services to approximately 45 institutions, including building societies and centralised lenders. Homeloan Management Limited has been providing these services since 1988 and annually services approximately 330,000 mortgage loans.

 

Homeloan Management Limited is rated RPS2+ by Fitch in respect of its primary servicer responsibilities for UK residential mortgage loans.

 

Homeloan Management Limited currently has approximately 2,000 full time employees who are responsible for all aspects of mortgage servicing including the collection of payments and enforcement of borrowers' obligations.LOVE THAT PHRASE. What about their obligations under law? Parasites!

[enoughisenough]

Originally posted by ZillaK

 

it's challenging their charges that seems to have gotten us into trouble with this lot in the first place..

 

Hi Zillak

 

I'm afraid I'm not getting you. How can letting them get away with unlawful charges keep you out of trouble. Everyone knows the charges increase the likelihood of 'default' and subsequent repossession.

 

Unless I've missed something...

[ZillaK]

..EIE did I say any of what you allege?

 

@ everyone - searches on the Vertex Group might provide some more background info on everything they're involved with...

 

ZillaK

[napiernuts]

Post deleted to allow ITBG? to continue to live in his fantasy world.

 

Follow his ill informed and often incorrect advice at your own risk

Edited January 27, 2010 by napiernuts

[enoughisenough]

Napiernuts

 

I stand corrected. There I go again making assumptions. The assumption made was based upon the fact that every other entry in the prospectus (i.e . for the likes of Capstone, Vertex etc) is accompanied by the relevant authorisation. Not in their case though. I should have checked and didn't. Thanks for the clarification.

 

ZillaK.

 

Allege is a bit strong but no worries on my part about your usage. For clarification I was genuinely confused as to how complaining about the charges got you into bother with them in the first place. Surely the charges and the alleged arrears the repo action is predicated upon are the problem. NOT challenging them would just see your woes mount. Challenging them of course produces a fight and retaliatory action. But that's the trouble we are in. They take the p***, we complain and then they go for the jugular.

 

Anyhow no need for any dispute here. Too much of that already...

[enoughisenough]

Thought this might amuse Dotty given her recent encounter

 

Quote from Vertex website

 

Treating your customers fairly

 

We believe that fair treatment of customers is about adding value to the service we offer by:

 

Protecting the interests of customers at each stage of the product cycle

 

Meeting the unique needs of each customer with a transparent, efficient and professional service. This is constantly reviewed to identify areas of improvement

 

 

Mortgage, Banking, Pensions Outsourcing - Vertex

 

Usual corporate BS. The stuff from Capstone's web-site was especially hilarious.

[on*the*case]

Yes, reading the Capstone website I was impressed by what a well run, caring, thoughtful, customer facing company they are. Gives me a warm fuzzy feeling to be one of their customers.....my arse !

 

Regarding Vortex, my suspicion is that their role is only to outbound the more routine dunning calls. Capstone generate a call list of defaulters and pass it to Vortex for action, leaving Capstone to deal with the more complex troublemakers, that's us.

 

I think it unlikely that Capstone are considering a run down of their operation.

[enoughisenough]

That assessment may be correct. I, however, AM considering a significant run down of their 'operation'...

 

(Watching the prosecution of directors of companies flouting the law left, right and centre is one of my favourite spectator sports)

 

:D:D

[ZillaK]

They take the p***, we complain and then they go for the jugular.

 

 

..that is what I meant.. although I guess didn't read quite like it.. in a sense, it was like somebody flicked a switch at their end as soon as we refused to pay for a charge..

 

ZillaK

[littledotty27]

From what OH said,vertex are absolutely clueless!!! He fired loads of questions at them & the couldn't answer them.

Leaving the advisor irrate & ending call.

 

So,it looks like they have just passed the book with loads of shoddy paperwork again,with a load of monkeys to try & gain some revenue back in.

[enoughisenough]

Morons...

 

Allow me the pleasure of typing that again...

 

MORONS

 

VERTEX. Latex more like. Clingy, horrible and synthetic, usually in bad taste colours.

 

Might just about suit them.

 

Dotty your OH, you once said, really didn't like to speak to these morons on the phone. Who can blame him? It's all lies and threats anyway.

 

If he (in all his reluctance) can befuddle them with a few questions then they really do need to up their game. If the best that this Billion dollar [problem] can rely upon is ill educated threat monkeys from a call centre what is there really to fear...?

 

Trust me they are the ones who are bricking it at the moment. VC, if on the level, might even be able to confirm that they are demoralised, fed up and on the run...?

 

Over to you VC.

[I'm the bad guy?]

Sced, all

 

Thanks for posting up SPML/PML 2007 & CAPSTONE 2008 accounts ON PAGE 191.

 

PML Accounts 2007.pdf

SPML Accounts 2007.pdf

Capstone Accounts 2008.pdf

 

I know that the SPML/PML 2007 accounts are not compliant under either,1985 CA or 2006 CA.

 

Could anyone, please look at the signatures on these 3 accounts- they are all available on a recent post by Sced:

 

1. Amany Attia Signature & date on the Capstone 2008 accounts and lower down signature & how the date is written by Ernst & Young auditors.

NB on official E&Y letterhead.

 

 

NOW COMPARE WITH SPML/PML ACCOUNTS 2007:

 

2. Attia signature & date against E&Y signature, and especially how the date is written.

 

NB on SPML/PML accounts NOT on auditors letterhead.

 

 

3. I see on Capstone 2008 accounts, Attia signature and HAND WRITTEN DATE- NOT IN DIGIT FORMAT. Same as the E&Y date.

 

4. Compare SPML/PML 2007 accounts, Attia signature, BUT DATE IN DIGIT FORMAT THE SAME AS E&Y DATE.

 

 

5. ARE THE SPML/PML 2007 accounts ALL SIGNED AND DATED BY THE SAME PERSON?

 

 

comments?

 

 

 

 

ITBG?

end game.

Edited January 17, 2010 by I'm the bad guy?
CAPSTONE 2008 accounts

[enoughisenough]

Nothing better to do on a Sunday evening guests. Has ITBG? disturbed you and awoken you from your slumber?

 

Feel the pain. Right on...

[Crapstone]

..that is what I meant.. although I guess didn't read quite like it.. in a sense, it was like somebody flicked a switch at their end as soon as we refused to pay for a charge..

 

ZillaK

 

I got your meaning straight off. I refused to pay their unwanted insurance but they still took the money for it and put the mortgage account into arrears instead. 6 years down the line I'm pretty wise to them now and turned the tables on them.

[Nightmare4banks]

Hi All!

 

I have just been reading the Accounts for Crapstone and:

 

1.it seems that it has 2 directors - Attia & S Staid - this guy seems to be an expert from the USA in securitisations etc - found more about him on here:

 

ESF/IMN Global ABS 2009 * June 2-3, 2009 * London, UK - Information Management Network (IMN) Global Organizers of Institutional Finance & Investment Conferences

 

2.Personaly I believe that the signatures are nothing to the real reality of everything as we piece together this jigsaw.

 

3.On a seperate and related note which could well have an impact on this bunch - the guy in charge of Citigroup in Greece has been charged with fraud type offences associated with selling Lehman Brothers products and misleading investors which can be found on this link:

 

Citigroup Faces Criminal Prosecution - Yahoo! News UK

 

Anyway,another possible angle worth exploring.

 

Again,just my 2p's worth!

 

On with the fight!

 

Cheers,

 

Nightmare4banks

[ryde]

Sced, all

 

Thanks for posting up SPML/PML 2007 & CAPSTONE 2008 accounts ON PAGE 191.

 

PML Accounts 2007.pdf

SPML Accounts 2007.pdf

Capstone Accounts 2008.pdf

 

I know that the SPML/PML 2007 accounts are not compliant under either,1985 CA or 2006 CA.

 

Could anyone, please look at the signatures on these 3 accounts- they are all available on a recent post by Sced:

 

1. Amany Attia Signature & date on the Capstone 2008 accounts and lower down signature & how the date is written by Ernst & Young auditors.

NB on official E&Y letterhead.

 

 

NOW COMPARE WITH SPML/PML ACCOUNTS 2007:

 

2. Attia signature & date against E&Y signature, and especially how the date is written.

 

NB on SPML/PML accounts NOT on auditors letterhead.

 

 

3. I see on Capstone 2008 accounts, Attia signature and HAND WRITTEN DATE- NOT IN DIGIT FORMAT. Same as the E&Y date.

 

4. Compare SPML/PML 2007 accounts, Attia signature, BUT DATE IN DIGIT FORMAT THE SAME AS E&Y DATE.

 

 

5. ARE THE SPML/PML 2007 accounts ALL SIGNED AND DATED BY THE SAME PERSON?

 

 

comments?

 

 

 

 

ITBG?

end game.

zillak

After your previous sterling work with pdfs and as our now newly appointed pc expert by popular request any chance of putting the relevant bits of what itbg states in one post for all to look at and make an easy comparison as you did previously with auditors reports ie primarily signatures of amany attia the director and dates ??!

[I'm the bad guy?]

Ryde,

 

Zillak posted the signatures on page 192.

 

Also, the 2006 accounts for SPML/PML/CAP, ALL follow the E&Y format with signature style and date. PLUS all on E&Y letterhead.

 

E&Y donot want to be legally liable for the 2007 SPML/PML accounts?

Proof to be posted shortly.

 

 

 

 

ITBG?

end game.

[ZillaK]

..put them together as requested...

 

[Nightmare4banks]

Hi All!

 

Regarding E & Y,

 

Could this be the reason why they do not want to be liable for accounts?

 

IN BRIEF....

 

E & Y has been sued in a few states in the USA and settled - more information of this very interesting link - full Texas case available and could possibly reveal more information to benefit our cause.

 

Firm Watch: Ernst & Young - Going Concern - A Tabloid for CFOs, Chief Investment Officers, Accountants & Finance Execs

 

Anyway,again just my 2p's worth!

 

Keep up the fight!

 

Cheers,

 

Nightmare4banks

 

Sorry - for initially not posting link really tired and been reading these papers in depth!

Edited January 18, 2010 by Nightmare4banks

[ryde]

zillak

you're a wasted talent excellent work and many thanks again.

6 caggers now with insomnia, a record.Medical claim against the filth may be in order,plenty of ambulance chasing solicitors about no win, no fee, now legal aids dried up.

Edited January 18, 2010 by ryde