Chillin You say - Most modern mortgages the principal sum is to be repaid after the redemption date (set at 6 months after the date of the mortgage deed) by instalments over 20 years or more. Where, and or how is the above expressed or implied within your mortgage conditions?

The reason Im asking is because Ive read that power of sale under s101 LPA only arises if all 3 of the following criteria are met- 1. The mortgage has been made by deed and the redemption date has passed. and 2. If the mortgagor is in default (includes failure to pay an installment when due) and 3. There is no expression of contrary intention which would prevent the power of sale being exercised.

Just a little query- How is the mortgage redemption date expressed within MEX's T & C

Just in case this hasn't already been posted- The Secured Lending Reform Bill is seeking to restrict receivers' powers so that it will no longer be possible to give them the power to: Bring possession proceedings for any property. Exercise a right of peaceable re-entry. Sell the property or receive the proceeds of sale, except where a court order for possession of the property has been granted.

Am I right in assuming that when the receivers left they handed the keys back to the lender? or didnt the receivers have the keys in the first place?

This link might be useful Chilling http://www.selbornechambers.co.uk/library/030729.doc

I dont really know much about possessions etc, but I think they might be able to sell as mortgagee in possession.

I agree Chilling As far as Im aware POA when given within mortgage means whilst ever mortgage is in place.

Fine thanks Patrick, Im raring to go. Hows you?

Chilling The Bar Pro Bono is a good idea especially as you have already made your MP aware of what is going on. Bar Pro Bono accept referrals from MPs

Whilst FOS will investigate complaints against lenders it wont generally investigate complaints against Receivers, because in law Receivers are mortgagors agents, and as such theirr actions or inactions are not within FOS jurisdiction.

Not received a PM persecuted

Have you been provided with a deed of assisgnment in respect of the mortgages MX took over? Also have you sent MEX a SAR? Who are the Receivers?

There is CML industry guidance on BTL arrears and repossessions, maybe worthwhile you having a read of it to see if the lender has complied with the guidance. On saying that it is only guidance and not set in stone. Search Results[PDF] Industry guidance on buy-to-let arrears and possessionsFile Format: PDF/Adobe Acrobat - Quick View Industry guidance on buy-to-let arrears and possessions. Introduction. The Council of Mortgage Lenders has issued guidance on handling arrears and ... http://www.cml.org.uk/.../Industryguidanceonbuy-to-letarrearsandpossessions.pdf?... - Similar

Ive read and re-read section 91 LPA, but dont understand how that can help you. What do you have in mind?

N244 is an application What grounds are you relying on to stop them

Ive come across this before, and it looks like as Drydens are acting under WS instructions they are simply classed as a data processer, and it is WS who is the data controller.

I made a FOI request to UKFI in March this year. They claim that governnment investee companies are not subject to disclosure under FOI, and suggest contacting MEX to clarify the matters raised.

Afraid I dont know the answers, there are a lot of people on this site experiencing similar problems with LPA receivers, and lack of information etc. There was talk of a group action at one stage, but I think that may have fallen by the wayside. Im not a BTL victim personally, but have been trying to put ideas forward for those who are. Ive been looking at unconscionable conduct as a cause of action, but a lot more research needs to be undertaken on this topic. Hope someone else comes along soon who might be able to assist.

Hi Are the mortgages still in arrears, or have they been cleared?

Charles, I thought there was no reference to BTL in your paperwork.

Charles As your T&C say you must reside in the property, does it say anywhere within your paperwork that the mortgage is regulated?

What do you mean? scared of what?

Charles Im still gathering my thoughts on your case before I put them all down on paper. One thing that has occurred to me - BTL I believe are unregulated, yet there is not mention of BTL on either your mortgage deed or T&C. Does it say anywhere within your paperwork that the mortgage is regulated?

As far as I know you would send a CPR letter to the party who has threatened to or who has already started legal proceedings.