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

[Crapstone]

Sorry to here your news littledotty but hopefully you'll appeal or at least get a sale on the house. At least you know we are all going through the same thing and we aren't the **** they think we are.

 

When will judges ever bloody listen? I guess it's in their favour to find for the companies are they are their bread and butter with the amount of repos' going through the courts. It's so frustrating and the sooner we can all get SMPL out of our lives the better.

 

Take care and stay strong.

[Crapstone]

EIEs post means that the court have to follow the Directive placed upon it by the EU. Even if you do not say the contract is unfair or do not know it is, the court should use it's powers to make sure it is before they enter a judgement.

[Crapstone]

Truro,

 

Your local council should still rehouse you as they can't automatically say that you have made yourself homeless. Don't take no as an answer from them. A work colleague of my OH was made bankrupt recently and has had to sell his house ( waiting on contracts) but the council offered them a bungalow today.

 

Stay strong my friend.

[Crapstone]

Well you don't really have anything to lose by putting in an appeal at least they have to take you down fighting. Did you point out any special circumstances such as having to stay close to schools, caring for family, medical reasons, job etc.?

[Crapstone]

I'd wait until the full 40 days are up just to be sure unless they have informed you in writing that they will not be providing any further information and that they have complied to your SAR.

[Crapstone]

The problem is that they know we are in financial difficulties otherwise we wouldn't have incurred arrears or charges with our banks/mortgages. They know we can't afford to fight back and appeal individually as the costs can be tremendous, even compared to losing your home. You more or less know if you lose that bankruptcy would be your only option even if you could raise the money for the appeals in the first place.

 

What really annoys me is that there seems to be a glut of programmes about the 'poor' folks who have purchased abroad for 2nd homes and main ones that are losing out because of the local laws/interest/exchange rates. Shouldn't there be some interest in people who have stuck with this *@&% of a country and are being treat like **** by our own courts and left without any legal representation?

 

Politicians get to keep their 2nd, 3rd,4th homes at the taxpayers expense. Romanians get front page headlines when they are harrassed and suddenly everyone wants to help them!

 

Well what about the rest of us that the news agencies and government just don't want to know about? Just another figure to add to the statistics despite the promise of the already doomed mortgage rescue schemes which none of us would qualify for.

 

We were the cream that the fat cats licked up in the boom. They knew full well what would happen as soon as they were exposed but as long as they could run with the money it made no odds to them.

 

It makes me sick that our own country has allowed this and doesn't give a stuff.

 

Rant over...

[Crapstone]

The law is an ass.....

 

Have babies at 16, win the lottery but you can't buy cigarettes, alcohol or drive a car. You can't vote but we can still tax you...

 

Buy a house, better yourself, get into trouble and it's tough luck..you should have stayed on that council waiting list..there were only 500 refugees ahead of you that wanted to live on a crime ridden estate on the 10th floor in a block of flats.

 

I wouldn't mind if we had led a lavish lifestyle but most of us don't. The debts rise when we can't pay the bills because of inflation or reduced income and not through exotic holidays and luxuries. Not to mention the fictitious charges the sub prime lenders dream up just to get back their asset.

 

Rant is really over..sorry.

Edited June 19, 2009 by Crapstone

[Crapstone]

Without ranting..lol

 

Another point is that Capstone and other companies are using legal executives that are ill-prepared in the court room. They can't answer questions put to them and don't have the relevant paperwork so why does the judge always side with them when repossession should be a serious matter and used as a last resort?

 

So far it's been about the lenders applying for repossession but something must be done about the judges that are rubber stamping it without looking at the true facts or the applicable law.

 

Tomorrow is another day and hopefully one of will get a breakthrough.

[Crapstone]

I don't think I'd be voting BNP anytime soon, just for the record. I want to see eyes on the consumer and our real world, day in and day out, not just overnight scandals that slip in and out of the media. Unfortunately I can't get all dramatic and say it's all too much for me so I'm going back home or stepping down from Office. I'm stuck with this.

 

Rocket1,

 

You have to dig your heels in and not give up at the first letter. The local authority has a legal duty to house you despite what they will tell you, although it may only be temporary. Not being able to able to repay your mortgage is not making yourself intentionally homeless unless you had the funds to pay it but didn't.

.......................

The only people I have seen prosper is those that lie, screw and abuse the system. Honesty gets you nowhere but I'd rather live like that and at peace with myself than having guilt on my shoulders.

.......................

EIE,

 

'11. JUST THROW THE BLOODY KITCHEN SINK AT THEM WHILE YOUVE STILL GOT A HOUSE WITH A KITCHEN.'

 

Lol, too true! Don't forget to add that after 2 years of investigations into the initial complaints to the FOS, you then have to start again for anything outside of that and make a fresh complaint. In this game the ladders are very short and the snakes are very, very long.

 

It costs nothing to say a 'please' or a 'thank you' and be polite. It's a value we have lost as a nation and has been replaced by the 2 fingers up sign in all sectors.

 

I've sent Capstone a LBA for them to gleefully peruse and they aren't going to be happy bunnies. It's not acceptable that they have given a final response to a complaint and then want to start the whole process again when proof was given that they were lying. Do they honestly think I'm going to sit back and do nothing or follow their ever decreasing circles?

[Crapstone]

Make the government ministers squirm when all this is put to them. We don't have second homes and we no longer even enjoy the protection of the courts.

 

On a lighter note....with the amount of motions passed in the House of Commons in the past month, they could hire all the sacked Total employees as cleaners and they still couldn't get to the bottom of the s***.

 

Did I say I was rubbish at making up jokes?

 

I used to be terrified of the postman bringing letters from Capstone and SPML but this far in it's nothing that can't be dealt with, so I can afford to smile now and again.

Edited June 21, 2009 by Crapstone

[Crapstone]

It's just outlining that FSA are looking at how mortgage lenders are treating customers with arrears in prep. for a paper to be issued in September. Nothing we haven't heard before. By the time they get their backsides into gear hundreds more have been repo'd.

 

I'm wondering if our arguements are going to be looked on less favourably now the LIBOR has fallen and the High Street are increasing their fixed rates? It's putting us on an even keel, although a rocky one as rates were up past 10% including product margins. I can just picture Capstone saying, 'You've never had it so good'.

 

Although I think I'm right in saying it's not about the money, it's the principle of the way we have been treated. Hung, drawn, quartered and left out to dry..

[Crapstone]

Just spent ages writing a post and lost it ...screeeamm:mad:

 

EIE,

 

Is the Law Society really going to listen when the profession relies on knowingly representing lying scumbags anyway?

 

I was thinking more along the lines of undue influence by the brokers and unconsionable bargain.

[Crapstone]

Don't forget that most of the complaints are about own representatives and that it's extremely difficult to raise a case against one acting for another party.

 

I listed all cases I had been looking at in my 'lost' post, (my cat pulled the comp. lead out), starting at LLoyds v Bundy (1974) with Lord Dennings comments through to modern cases (Pitt, O'Brien, Holdgate) which tend to look more at neligence.

 

I will keep at it EIE, I have no choice. At the moment Capstone cannot produce a single document that has an SPML signature on it that relates to the execution of the mortgage.

 

I'm still waiting for a reply from them with regards to the complaint they reset and my LBA. I'm quite prepared to take them to court and time is ticking but they have gone all shy on me. An arrears letter and management fees are the norm. but the postman has been getting off lightly.

 

Agatha C,

 

It's terrible what you have gone through and words fail me when it comes to this company. Actually, they don't fail me but would be far too rude to print. When I read stories like yours it does give me the uumph and vigour to keep going and not only for myself but everyone that has and is facing the same.

 

Take care.

 

Crapstone

[Crapstone]

It's not hard to see why repo. is favoured and how they eat into your equity so readily. You are still liable for the mortgage, plus their fees for repo, plus monthly fees for managing the repo, house clearance fees, bailiffs, locksmiths, advertising, estate agents, auctioneers, repair fees, HIP costs, solicitors, insurance....with interest.

Edited June 26, 2009 by Crapstone

[Crapstone]

Hi EIE,

 

Change the 'doing' to 'done'. I have summitted my case against them and it should be winging it's way to the TSC in all its glory. Every little helps...to coin a phrase.

 

At least we have a small support group here which is more than the poor souls from the last recession had. You can't help but be amazed that we all give up some time to help others and the same in return without any expectations of reward when so called charities are raking in thousands for poor quality advice and with little understanding.

 

I just hope we can all look back at SPML/Capstone in 10 years time as being just a turd on the landscape.

[Crapstone]

I'd don't think I'd clean my shoes. It's been a learning curb, and one I don't regret, but there are sure to more in the future to replace them. If I could shake these barstewards off tomorrow I'd still be here to help where and when possible even if I won a jackpot on the lottery.

 

We live and learn.

 

I'll gladly post 'mines in'....

[Crapstone]

This whole mortgage situation is worse than having children. They tell that you should bang your head against a brick wall just to see what being a parent is like. Children grow up but Capstone don't let go of their dummies.

 

Uneverdid,

 

There is no cap on the fees that can be charged but you must have been advised of them prior to signing. You could either chase up the broker or put this to your lender as they are ultimately responsible for the selling of their products.

 

Don't be put off by any Capstone response. They will happily say black is white if you let them. Keep hammering away.

 

If you want to capitalise you will have to supply them with the info. they want. If there are fees in there then that's the last thing you should do. Sort the mess out you are in already with them and get the fees taken off first and all your complaints addressed.

 

Be strong and very bold.. write to them and don't accept their ignorance when they answer.

[Crapstone]

EIE,

 

It's worth sticking in there. I think the key is the insurance on all levels.

[Crapstone]

The legal framework they're using is sound and as Sue says, whatever the companies contract to between themselves wouldn't override Law of Property.

 

What is clear, is that it's the underhand tactics which are disguised within the securitisation which are questionable as being unfair to the consumer. If even part of the role taken by the lender is outsourced then how can complaints be fairly addressed when you can only talk to the puppet and not the invisible master?

 

Shouldn't the equitable 3rd party be involved in any court proceedings merely on their interest in the property or some mention of it made by the administrators that they have been informed?

 

I'm still pondering the insurance aspect. As the only named party, other then ourselves, on the building insurance is the supposed 3rd party,(they aren't but should be named), then if the house were to be destroyed they would then be entitled to claim their loss. A loss that they don't have legal title of, only equitable.

 

In my original mortgage contract it stipulates that the lender must always be named on any buildings insurance. If they are asking me to name someone other than the lender then where would that leave us in the event a major claim and what effect would/does it have on the legal status of the property and mortgage? Any opinions?

Edited July 18, 2009 by Crapstone
corrected spelling mistakes

[Crapstone]

I thought you'd come back with that Sue, but any thoughts on the insurance aspect?

 

Sedit qui timuit ne non succederet. Aut viam inveniam aut faciam.

Edited July 19, 2009 by Crapstone

[Crapstone]

I already did..hence ..and..

[Crapstone]

In life, I have only found two things that were impossible.

 

1) Put your right elbow, in your left hand. Then try to lift your elbow out with your right hand.

2) A woman walking past a shoe shop without going in.

 

Therefore, I consider anything else possible

 

 

*THE ABOVE IS A JOKE

 

 

Now you tell me!

 

1) Does touching your toes using wrists and above count, whilst standing and legs kept straight?

2) You got me on that one.

[Crapstone]

Anybody think mass non-payment might work. It certainly did for the poll tax.

 

It would be great to organise one month where all payments due were donated into a fighting fund instead. And we tell them that they can have the money when they stop the charges. My only reservation is that it's really hard to get co-ordinated action going.

 

Now you'd really be losing the plot if you though that could possibly work. Each contract is different and so far removed from the poll tax it's just unreasonable to suggest it when homes are at risk.

 

If you haven't already then go through the right channels. It worked for me and the charges were refunded but I still have a whole new fight and have to do the same again for new charges. The law is clear that charges should be to cover only costs and not be used for profit and a clear explaination given why they have been applied in accordance to the contract.

[Crapstone]

You can forget wrists and above Crapstone...

 

If you saw the size of my belly, you would know I need a stick to reach my toes lol

 

Must be just me then:p!

 

My suggestion is to sort out the men from the boys and see who brokered what and find a common ground for misrepresentation and mis-selling. I named my broker who took the money and ran (Berwood Park Associates, Hilton, Derbyshire). SPML have lost all the submissions made by him, the solicitors lost their paperwork and SPML/Capstone have just the signed deed from us and a copy of an offer.

 

So then we go on from there after brokers, fees, insurance and then to arrears and repo'. Look at each step and walk before we run.

[Crapstone]

It may also be amusing to send them a warning 28 day copy S.D. if we can claim more than £750 between us in amounts owed. All above board from a very official DCA:D. I wouldn't expect them to do a darn thing but just the thought of it ..