Thanks for that Patrick, I'm going to give Debbie Samosa a ring right now.

Thanks Patrick, will clear it out

Hi Patrick, I sent a SAR request but bank were selective in the info they provided. The bank took 1st charge over my husband's solely owned property.

Hi Patrick, I'm in total agreement with your views. I believe that when wanting to realise their security the bank deliberately instructed receivers to prevent themselves being held liable. However on the face of it the bank acted beyond its powers in appointing receivers in the first place, thus rendering the appointment invalid. I have a letter from the head honcho of the bank that admits that in circumstances such as these the bank would not even apply to the courts, but simply rely on the provisions contained within the legal charge.

Just come across this thread re Paragon charges for letters and phone calls. In the 80's took out a mortgage with National Home Loans who subsequently changed to Paragon. Ive kept all the paperwork, and was double checking to see if any PPI had been appled (there wasn't), but I came across a document NHL sent out in 1993 advising that they were starting to introduce fees for letters, phone calls, etc. to accounts that were in arrears. It was £5 per letter and £5 per phone call. By April 2005 NHL had increased these fees to £10 per letter and £20 per phone call. There are numerous different fees on the schedule, but I cant find any exit fees, and wonder if they have disguised them as something else. Anyway to get to my query, in NHL original terms and conditions there are no references whatsoever to these fees, and as they didn't form part of the contract I was wondering if they could be all claimed back.

Patrick - I would appreciate your views on the following and would be grateful if you would comment on the following for me please. A mortgagor who has granted irrevocable powers of attorney within a legal charge subsequently loses mental capacity. On receiving notice of the borrowers mental incapacity the mortgagee makes formal demand for repayment. The borrower has not made an enduring power of attorney, he cannot lawfully act by an agent without consent of the court, yet the lender appoints LPA receivers to take control of and dispose of the mentally incapable borrower's property. Question: As it is a common law principle that no-one may manage the property and affairs of someone who has lost capacity, how could the bank legally/validly instruct LPA receivers, who are in a strict legal sense the borrower's agent?

Just discovered there is an Ombudsman service that deals with complaints against chartered surveyors. Has anyone tried this Ombudsman Services Property - Home

Wonder if this link is of any use to WS victims. Ive only just discovered that there is an Ombudsman service that deals with complaints against chartered surveyors- Ombudsman Services Property - Home

WS promised me that on completion of sale they would provide all the invoices together with the completion statement. A completion statement duly arrived but no accompaning invoices. When challenged WS said "there is no money left in the pot to provide copy invoices". After bitterly complaining WS eventually provided copy invoices but the breakdown of the huge legal costs they incurred mysteriously disappeared.

Just been speaking to a (nice) guy who acts as an LPA receiver He stressed that before appointing LPA receivers banks must serve notice on the borrower advising of their intention to appoint receivers.

Poppy Are there any law centres in your area, they may be able to assist in drafting an application to court.

You can make applications to court for all manner of things, cant see any reason why you cant DIY, but I'm not really sure of the wording you would need to use. Perhaps someone else on this site (with some legal know how) can assist in drafting an application for you.

Hi Poppy, just a suggestion, but dont know how it would work in practice. Given all the circumstances, and the fact that you are not in arrears, maybe you can ask your solicitor to make an application asking the court to order that your property be handed back to you.

Welshdragon - is your property a BTL, if so have you read the thread- Mortgage Express appoints Walker Singleton receivers to scare tenants off. There seems to be a lot of people in the same boat, and you may get a good idea on how to proceed.

Think you will find that within your mortgage agreements that these powers of attorney are irrevocable. They can only be terminated when the secured debt has been discharged in full. 4 Powers of attorney given as security(1)Where a power of attorney is expressed to be irrevocable and is given to secure— (a)a proprietary interest of the donee of the power; or (b)the performance of an obligation owed to the donee, then, so long as the donee has that interest or the obligation remains undischarged, the power shall not be revoked— (i)by the donor without the consent of the donee; or (ii)by the death, incapacity or bankruptcy of the donor or, if the donor is a body corporate, by its winding up or dissolution. (2)A power of attorney given to secure a proprietary interest may be given to the person entitled to the interest and persons deriving title under him to that interest, and those persons shall be duly constituted donees of the power for all purposes of the power but without prejudice to any right to appoint substitutes given by the power. (3)This section applies to powers of attorney whenever created. Annotations: Modifications etc. (not altering text) C1S. 4 applied (with modifications) (19.12.1995) by S.I. 1995/3272 reg. 36(3) S. 4 applied (E.W.S.) (26.11.2001) by S.I. 2001/3755, reg. 43(3) (with regs. 39, 45)

Pigland - a word of caution, think very carefully before you start DPA court action, or you could end up with a large costs order against you. I would wait until ICO gets back to you before taking any further DPA action.

You need to address the one to Walker Singleton to - The Data Controller, followed by Walker Singleton and their address. Dont forget to enclose the statutory fee of £10 They have 40 days in which to comply, and once you receive the info from both parties it should give you more of an insight into what has been going on behind your back. In the meantime you could chase up a reply to your previous letters, or you could lodge formal complaints with them.

Hi First of all have you sent a DPA Subject Access Request to both Mortgage Express and Walker Singleton. If you haven't can I suggest you so this as a matter of urgency. You say you have sent several letters to Mortgage Express by recorded delivery yet Mortgage Express claim they haven't received them. Have you retained the postal receipts?

That sounds about right!

Hi Poppy Think you need to write to your lender asking what grounds they have relied on in appointing receivers, and questioning the validity of the appointment.

Mungo's mum - re your SAR What excuses have they given you for not providing all the data? Are they seeking to rely on some exemptions? Even though the mortgages are unregulated they are still required to treat you fairly.

Good Idea Dont see why FOI request shouldn't provide this info.

Ive raised the issues of the necessity for a Deed of Assignment prior to properties being securitised before, but must admit Ive drew a blank on this.

Blackpool Landlord Were the receivers appointed by MEX automatically when you went into arrears or did MEX demand repayment first?

Hi Blackpool Landlord Are you sure that MEX followed the correct procedure before appointing Walker Singleton. I'm looking at this angle at the moment. Have MEX acted in good faith? Did they treat you fairly?