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

[Crapstone]

B2B ,

 

No idea what they mean..

 

Mine is full of Tallyman but the list of abbreviations they enclosed doesn't cover most of the crap they have written.

 

'GNL ..pp.closed no post to action'

 

And they refer to me as Miss, Mrs and Ms and sometimes Mr or B2 or something that has been blanked out (hate to think what they put). Most of the stuff is missing and they appear to have tried to contact someone via email and phone about the SAR and a missing invoice but all names have been obscured so it's a 3rd party they don't want me to know about, not just one person but a company.

 

It must be a joke.

[Crapstone]

My OH has just come out with a corker and showing their age! Apparantly an SPV is a 'Spectrum Pursuit Vehicle' used in Captain Scarlett and were hidden away in houses and barns. How true that is but of course I'm too young to remember:D.

 

B2B,

 

The SAR sent to my OH says that.

'We have only released the details of ******** as we were not able to accept the other authority provided'.

 

'Despite extensive searches we are unable to locate the original file'.

 

Against all my usual judgement I called them today asking them to explain just why my 'authority' was not accepted. They explained that they did not have a signature to compare it to and then that changed to it not matching any signature they had . I reminded them that the clock is ticking and the Commissioner will be receiving my complaint if they continue with such ignorance. Hey presto!! Within 2 seconds I was told it would be rushed out by special delivery minus all the important files they have 'lost'.

 

Either way it's going to be a complaint as they have failed to comply with the DPA and sent just the bare minimum.

 

We have an insurance assessor due on Friday so when I know more about the claim I'll be calling Crapstone and asking them which mortgagee is entitled to notification as there seems to be a conflict of interest.

[Crapstone]

'I'm not forcing the pace of this. They are.'

 

Well said EIE. The 'toxic assets' are of their own making as we know they had no intention of long-term investment and have tried every trick in book to ensure default by the mortgagor.

 

Surely the term 'right to title' would have no legal standing even if the bank did go bust as neither the LR or the borrow were informed. It seems akin to putting a sticker on Grannies clock just in case she should perish in the hope you get first dividends regardless of a will being made and the debts associated with her estate.

 

One thing we can be sure of is that we are well and truly being stitched up and the securitisation is just a side-line to explore. I think we have enough evidence to prove beyond doubt that they have and are acting unlawfully.

[Crapstone]

EIE,

 

That's what I intend to do. If Mortgage Holdings are supposed to be the mortgagee then I am owed an explaination at least as to why this should be and I regard it as my right to be able to contact them directly because it's my insurance and in my name. I too can play the game of not disclosing information about or to 3rd parties without expressed permission.

[Crapstone]

EIE,

 

I get your point as I'm familiar with law, but I have to plead some ignorance otherwise they'll know, that I know so to speak. We wouldn't want them to think that we can actually read and understand the law.... I'd rather give them the rope and let them....you can guess the rest.

 

So far it's working ..dumb consumer v even dumber goliath and associates.

[Crapstone]

The FSA seem to be already looking at the SPV issues.

case number: WI-A13

[Crapstone]

But they do say there are only a 'small amount of cases', so if we all add to that list it's going to bump up the figures and they'll HOPEFULLY realise just what a can of worms they have opened and they've only just touched the surface.

[Crapstone]

Obviously very few people have put forward the SPV issues so far for obvious reasons..it's complicated and it's not easy to get all the documents you need to construct a complaint. But now if looks like we don't have to bother as long as we have a reason to believe it's been securitised, then the FSA can do the rest.

 

But it would be good to download those documents and send them to Capstone asking them to elaborate and to release the details related to your mortgage so you can forward them to the FSA.

[Crapstone]

That links dead Truro..

[Crapstone]

I've contacted the court that dealt with my SRO in 2005 to obtain a copy of the original order.

 

It seems that after 2 years all the documents were destroyed and all that remains is a note on their computer so they are unable to provide the original judgement. Is this usual practise as it seems I'd have to supply a copy of the judgement for the purpose of N244?

 

2 years for record keeping seems unusually short.

Edited May 23, 2009 by Crapstone
typos

[Crapstone]

Capstone have told me that the SAR made in both names and for the one mortgage account should have been 2x£10 and not one. It's one account in joint names so surely it's only one request? Who's right?

[Crapstone]

Just to be sure..EIE & JC

 

I sent them an SAR from this site and changed all the the terms to show as we/us. We both signed our names and it was clear that it was a mutual request under one account number jointly held and all contained in one letter. Both our names were included on the address, the account name and finally at the end of the letter which was signed and printed.

 

My OH received his but they said my signature could not validated. I called them and they told me they didn't have a copy of my signature to compare it to and then they changed their story to say it didn't match the ones they had. After threatening them under DPA they agreed to send my copy, which I now have.

 

Capstones covering letter to me says that we should have enclosed £10 per SAR (£20) but on this occasion they are waiving the fee (the extra £10) as a gesture of goodwill!

 

Considering it's both on the same account my OH has entire paragraphs missing from his SAR but mine has very little blacked out. Between us we have a fairly good copy including 3rd parties names that they insisted wouldn't be included under DPA.

 

Can either of you provide a relevent paragraph for the fees saga, which can be included in my next letter? The SAR isn't complete at all by any stretch of the imagination and they have again admitted that they do not have our original file.

Edited May 25, 2009 by Crapstone

[Crapstone]

Pt2537,

 

Thanks.

 

So it there an easier way of asking for the data relating to just the account as a joint affair, each being several and liable? And do they have the descretion to just forward the copies to the first named or is it a lottery?

 

I'm a reasonable person (too reasonable) and would have accepted a return of the cheque or an explaination why both parties SAR could not be provided for the fee enclosed. But being lied to is another issue and it's a poor attempt to cover their tracks.

 

EIE,

Under their rights they only have to send one copy of everything to the address given and as long as one party is notified it doesn't make a difference if the other receives nothing or it's hidden from them. I tried that route and it had no legal standing, as told by a solicitor.

 

It's worked out to our advantage that individual copies have been sent. As pt2537 said, it's given us a chance to cross reference 2 SARs' that should be the same but aren't. Mine has been hastily done and they have missed a lot that should have fell foul to the dreaded black pen.

 

It's not complete. I've been in touch with the Head Honcho for the past 2 years but not one of their letters is in the SAR and they can't expect me to believe that they don't keep copies that are readily available or they are exempt from the DPA. They haven't provided the libor rate change statements either and the eviction notice they issued 'accidently' is missing. And that's just for starters..

[Crapstone]

I'd be very interested Rocket 1 but unless we can find something conclusive it's going to be hard going.

 

I was mis-sold by a broker that falsified documents but trying to nail him down is proving difficult.

 

SPMLs' websites have done a vanishing act. I have a list of Sundry fees dating back to 2002 and they look nothing like the ones now displayed on Capstones website. The effort they have gone to cause maximum distress and the lies they have told are unbelievable.

 

Truro,

 

The CAB, with respect for what they do, are hopeless when it comes to anything outside making an arrangement to pay. If they can get you from death row onto a life sentence then they will see that as a positive result even if you didn't commit the crime.

 

I think I've exhausted every root to find out and get SPML to provide the information on securitisation. So I've tried the direct approach, as the 'other' company should be named on the insurance and as such I feel I'm bound to directly inform them, and not Capstone/SPML, that I've had to make a claim for water damage.

 

Plus the other complaints and a direct confrontation of a proven lie. Strangely enough it's been over 2 weeks since it was received recorded delivery and they haven't yet replied. Usually I get a reply within a few days to say it has been received and a few days later another letter arrives that's full of ........

 

Eerily quiet.

[Crapstone]

They are absolutely hopeless Truro and nether Capstone or SMPL have a clue what they are doing.

 

I spoke too soon before and have now had a response, if you can call it that. I'm basically back where I started as they have classed it as a new complaint instead of keeping up the correspondance when they already knew I was complaining and it's a flamin' ongoing thing that they can't get anything right!

 

In their little list of things taken from my letter to investigate, guess which question has been overlooked?

 

2 letters from the same person, (not even the person that it was addressed to directly), on the same day and both signatures are completely different. The can't even get the names right for the account and have fused my OH and myself into one trans-gender name.

 

I've had enough of their rubbish and games as someone is taking the P.

 

I think I've done everything to sort this mess out and even after going to the FOS and sticking that out for 2 years, more things are coming to light the deeper I look so I don't think there is any other choice than taking them to court. The longer it's going on for the more chance we have of losing our home as they are a loose cannon when it comes to fiction and fees.

 

I'm a fairly strong person but it just grinds you down to think that THEY couldn't be trusted to walk a dog (mildly put) but are in charge of your home.....GRRRRRRRRRRRR

[Crapstone]

I'm ranting a bit but travellers seem to have more bloomin rights than any of us that have tried to better ourselves and free up authority and rental housing. But what help do we get when it all goes wrong and the company is acting unlawfully? A free ticket to the FOS that's bloomin funded by them and are as impartial as an MP's accountant.

 

I'd better stop before I throw my toys out of my pram but all of you in the same situation will know how it feels and it's not good.

 

Rant over (sorry).

[Crapstone]

That made me smile littledotty and thanks for being so sympathetic at my rant. Together we will find something to bring their house of cards down and I'm thinking along another avenue rather than the main road.

 

Doesn't matter who we vote for, the Government always get in . Words fail me at what the bar stewards have milked when 'prudence' was preached:lol:

[Crapstone]

LittleDotty,

 

It seems you've had the same response as I had. Screen dumps, poorly edited, (we have 2 and both different), and the glossary is a joke as they can't spell and make it up as they go along. We only received about a 1/5 of what they should have sent and they haven't even enclosed their response letters to complaints made. Anything that could be used against them has been left out apart from their big mistake of receiving payment and trying to conceal it.

 

Wait for the full 40 days to pass (just in case they send anything else) and then complain to the IC but I think you'll be behind me in the queue.

 

I trained with Trading Standards ( did the exams a few years ago, but have never worked for them) and from what I know they pass on local complaints to the T.S. in the area where the trader operates from or where their head office is. What we really need is for them to take on a super-complaint but they have to have enough people complaining and sufficient grounds to raise it but by the time it's looked into it and acted upon it could be years from now and won't personally benefit any of us (too little, too late).

 

The CAB can also raise super-complaints but are as much use as a chocolate teapot when it comes to anything in the real world and outside of their basic handbook, bless 'em.

 

I'm more than willing to meet up with anyone that wants to make a case against them as I think mine is fairly strong. Ongoing for at least 6 years and disputed from the first month, 2 years with the Ombudsman and still no nearer to a resolution or at least having an accurate account and treated fairly. Instead it's lies and going back to square one.

Edited June 5, 2009 by Crapstone

[Crapstone]

Can anyone name any High Street lenders that have sold SPML products, or any related Lehmanns loans/mortgages?

[Crapstone]

Thanks seville,

 

You hit the nail on the head with your description of them. I think there are a lot of angry people here and rightly so but we will keep fighting. If have to post my house back to them brick by brick and sod by sod ..I'd bloomin' well do it than let them take it.

[Crapstone]

My original application form, filled in by a broker (lying ******), has been 'lost' but copies of the forms for SPML, Kensington and a fair few others are still available to look it. If anyone doesn't have their copy then download the blank to show what should have been filled in.

 

Metro Finance: Mortgage Application Downloads

 

My broker didn't ask some of the questions, so it's assumed he must have filled in the blanks to the tune of his own dance.

[Crapstone]

Sample from SPML terms.

 

'IF TWO OR MORE OF YOU ARE APPLYING

 

We will not follow any kind of instruction on your account unless given by both of you in writing'.

 

I beg to differ but they bloomin' well do.

[Crapstone]

201: The mortgage backed securities market in the UK: overview and prospects - Housing - Communities and Local Government

 

The London School of Economics covers large amounts on securitisation.

 

I still don't think the arguement of securitisation would stand up, unless you could prove it harmed you as the borrower directly. A DJ wouldn't give two hoots about the tech. parts of securitisation as the face of it reads lawful. They can't be bothered to read a defence at the best of times.

 

The true value of what it means lies in the way we are being treated to secure possession of our properties. Missing paperwork, missing payments, mis-selling, none compliance of law/codes and lies. Feel free to add to the list.

[Crapstone]

Quick update.

 

Capstone hope to respond to my none-existant letter of complaint, which was an ongoing issue knocking down everything they threw at me in their letters, by the 10th July. That should give them plenty of time to fabricate and alter anything they think that could be seen as their fault. How fluffin' long does it take to look at their own print-off and see they have lost the payments? I can lead a horse to water.. I can send a cheque but I can't force either to act. Except a horse can't wite and drop itself in the preverbial poo......

 

LIBOR has now changed to 1.27%, according to what they have sent me, so at least it's dropping and gives a bit more disposable income to put aside to fight the bar stewards when the push comes to shove at closing time.

Edited June 14, 2009 by Crapstone

[Crapstone]

Littledotty, it's really annoying when you do all the hard work and the judge 'brushes' it aside.

 

I presume you have provided the judge with all the facts and paperwork you are contesting when you attend? Point out the figures you are most confident are wrong and inform the judge that it is becoming stressful after such a long period of time being in dispute.

 

Just keep it short and to the point. You dispute the amount of arrears and the claimants ability to provide clear statements (or anything else that relates to the account).

 

Resist the temptation to try to point out every little error otherwise you end up waffling ( or is that just me?). Try to sound clear and confident but I'm sure you will anyway.

 

The very best of luck for tomorrow. You deserve it.