Mortgage Express appoint LPA Recievers Walker Singleton to scare tenants off!

[ScaredTenant]

pigland, thanks for your response!

 

LPA receivers are Countrywide Managing Agents. Fortunately or not I had experience of dealing with them in the past (as a management company, not LPA receivers in that case) and their services were absolutely appalling! I never experienced a service as bad as this from any company in my entire life. Even if they wanted to look after the property we rent (which they don't - it's not in their interest) they can't do that due to their incompetence.

 

>> Where's your deposit?

 

With the landlord. I've been told by lawyers that if the appointment of LPA receivers is proved to be genuine, then the landlord has to give back the deposit immediately, and LPA receivers may ask for it at the start of the new arrangement.

 

I understand that the deposit may be at risk, and will have to raise this with the landlord if this continues.

 

>> Have you and the landlord carried out an up to date inventory?

 

No - what's the value of doing so?

 

ps.. I will type in the letter in a short while.

[chillinlong]

Im sorry after further consideration I have edited my post above about paying to Landlord instead of LPA. I feel that the landlord should still be paid the rent as the contract is between you and your landlord until proven otherwise that the LPA can take over. It is important that the Landlord continues to pay the mortgage from your rents then there is more chance that they will get the property back unofficially even if the LPA appointment is not legal.

 

Them saying that you have to sign a new agreement maybe an indication that they know that they have not got the legal right to take over without a court order maybe something to go off here.

[pigland]

Chillinglong! Good point about the new agreement!

 

Scared Tenant.

 

Keep an inventory to make sure there's no dispute over condition.

Edited February 3, 2010 by pigland

[ScaredTenant]

[Addressed to the Occupier]

 

Dear Sir/Madam,

 

[Address of the property]

 

I am writing to advise you that [Name1] and [Name2] have been appointed as Joint LPA Receivers in respect of the above mentioned property by UCB Home Loans. As Joint Receivers we effectively take control of the property from [Landlord] and therefore act as your landlord from the date of the appointment namely DD/MM/YYYY [this date is two weeks before the date of the letter itself]. Please note the property has not been repossessed.

 

All rents as from the date of appointment should be paid to the Joint Receivers. I intend to instruct Countrywide Managing Agents to act on our behalf in relation to day to day matters. This will include, for example, dealing with any repair issues that may be outstanding. Please can you pay your rent to Countrywide Managing Agents upon request in due course. If no response to this letter is received then Countrywide's local representatives will endeavour to make contact with you.

 

The Receivership Appointment does not affect the terms of your occupation, however this letter should not be taken as acknowledgement that you have the right to occupy. Such a right will need to be demonstrated by the production of a Tenancy Agreement. I would be grateful if you could send a copy of your agreement to the above address as soon as possible, marked for the attention of [Name3 - this is indeed a new name not mentioned above].

 

Please note that as from the date of the Deed of Appointment, your former landlord has no right to collect rent nor the power to issue legally valid receipts. If the landlord does make contact please ask them to contact me. If you are unsure as to your rights in this matter you should immediately refer this letter and its enclosures to your own Solicitors or the Citizens Advice Bureau requesting independent legal advice.

 

We would be grateful if you would complete the enclosed Tenant Questionnaire and return in the pre-paid envelope supplied and also give [Name3] a call on ### to further discuss your occupancy.

 

[Name4 - yes, yet another one!]

For and on behalf of the Joint LPA Receivers of the Property

 

Enclosed: copy of Deed of Appointment & Frequently Asked Questions, Tenant Questionnaire, SAE

[ScaredTenant]

From the Deed of Appointment:

 

---

 

We, UCB Home Loans, would ask you to treat this letter as your appointment to act as Receiver for the above property pursuant to the powers conferred on us by the mortgage any other power enabling to do so. Your appointment is upon the terms and with all the powers conferred by the mortgage or under law.

 

---

 

[Please note I haven't edited or omitted anything - THIS IS what is says. Is this English???]

[mungos mum]

Dear ScaredTenant

 

I am so sorry to hear that you have to put up with this sort of treatment from people who are supposed to be acting in a proffesional manner.

Our properties are also being (mis) managed by 'countrywide properties'

and our tenants have had exactly the same problems as yourself.

 

I don't know how much help this will be but we have a few tenants who are putting up quite a strong fight at the moment.

Two tenants who have been with us for a long time (1 for 14 years & the other for nearly 10 years) are refusing to play ball with these cowboys.

The family who have been with us for 14 years will only deal with the LPA via letter, they will only show a copy of their AST, refusing to let them have a copy. They have continually stated to the LPA that they will conduct their affairs as they have always done, ie if repairs or maintenance are needed, the tenant gets the materials, does the work (at minimal cost to me) & now instead of sending me the bill he sends it to the LPA. They now pay their rent to the LPA, this was at our request.

The tenant who has been with us for nearly 10 years has approached the LPA differently. After having the usual scare tactics used against them, they have asked (in writing) for proof from the LPA of who is now their landlord (they were told verbally that the property had been repossessed, unfortunately this is not in writing) and they have asked the LPA to provide them with details of how much their rent should be, they did give LPA a copy of AST but LPA state that they have misplaced it. They have taken some advice from the charity 'Shelter'.

 

Both of these tenants have stood their ground or challenged the LPA in different ways, this has resulted in the LPA now leaving these particular tenants alone. These guys are the few that have stood firm, most of my other tenants have been bullied so much by the LPA that they have eventually all left and the houses have been empty now for 18 months.

 

Incidentally, if at the end of the day you cannot get your deposit back from your landlord, the LPA have to return it to you. There is another post somewhere on this forum that explains this in detail.

 

I'm sure that other landlords will agree that the very last thing any of us want is for tenants to be treated like this, it is totally unjust.

 

I really do hope that your landlord gets back on his feet again soon and that your life can return to some kind of normality.

 

Wishing you lots of luck

 

Mungo mum

xxxxx

[Meerkat One]

Hi everyone and thanks for sharing your experiences.

 

I am the ScaredTenant you've been talking about ;-) I agree with what most of you were saying - the way LPA receivers act seems unethical, unfair, and purposefully negligent. In fact the letter from LPA receivers looks so unprofessional and threatening that I initially treated it as a [problem].

 

In my case my family has been renting for 4 years and are perfectly happy with the landlord and the property. LPA threats aside, we have no intention to move. The property is not yet repossessed. The landlord says he is indeed in arrears but will rectify this within weeks. We can't say with any degree of confidence how serious his problems are. He has a portfolio of about 20 properties.

 

LPA receivers are trying to say that stopping all payments to the landord and paying them instead is my only option. Is this really the case? They are effectively demanding me to sign a new contract with them without breaking my old agreement with the landlord and without providing any evidence (such as a court judgement) that the landlord lost control over the property. And they obviously don't ask me whether I'm happy to enter into this new agreement. I'm not!

 

Questions:

 

1) When/what am I legally obliged to respond to?

2) When/if I'm pressured to respond, what delaying tactics can I employ? Perhaps asking them to provide evidence or informing them I am contacting the landord to confirm that allegations are genuine etc.

3) If I ignore the demands, what are the consequences for me?

 

What else can I do? Can I complain to the lender for causing me distress? Would this be helpful?

 

Still can't believe this is legal. (Or is it?) I haven't breached anything and don't want to spend my time figuring out how my landlord gets on with the lender - or not. It shouldn't be my problem!

 

Hi Scared Tenant

 

I have advised my tenants to ignore the LPA Receiver. They use all manner of threatening behaviour - claiming they can forcefully enter, change locks etc. They can't. My tenants continue to pay me. I ensure the lender is paid. I also ensure gas checks etc are all carried out. Keep renewing your tenancy agreement and do not allow it to lapse on to a periodic tenancy where each party only has to give a months' notice. My aim is to look after my tenants as I have always done. I do not want the receiver's making their lives a misery.

 

Meerkat One

[ScaredTenant]

We've got good news - our landlord rang us yesterday to say that he cleared the debt in full so we shouldn't hear from Countrywide any more.

 

Thank you chillinlong and Meerkat One for your comments and support. It only confirms my view that LPA actions are unfair and their demands may be unfounded (unless proven otherwise).

 

mungos mum, thanks for sharing the strategies of your heroes ;-) Refusing to communicate in any other way except through a letter is certainly a good tip!

 

Countrywide were managing Aspect 14 - a newly built block of flats in Leeds city centre - where we were renting before. They were handed a new shiny building and virtually destroyed it within 2 years. They forced people out by not doing the most basic maintenance work (like changing broken locks on the gates etc). People's cars and bicycles were dissapearing from the so-called 'secure' underground parking one by one (mine included), caretaker was constantly drunk and suspected in allowing this to happen. But there was absolutely no way you could get Countrywide to do anything about it! Within the 2 years that we lived there, all of our neighbours (that's 8 flats!) have moved out. So did we. This is an article on the BBC website about how the prices in this building dropped by 40% and more: BBC NEWS | Business | Big fall in prices of some flats

 

pigland,

 

>> Who do you trust more; the LPA receiver and the lender (bank), or the landlord?

 

Not sure what you mean by trust. If this is about repair and maintenance work - which seems the most important aspect of rental agreement to me - then clearly I trust the landord more on the basis of my previous experience. And in my particular case the difference between my landlord and Countrywide is extreme. I have to be very very desperate indeed to want to deal with Countrywide. As long as I've got other options, this isn't going to happen.

[mungos mum]

Hi Scared Tenant

 

What great news, you must be so relieved.

It sounds as though you have a good landlord

 

Good luck for the future and I hope everything now runs smoothly for both you and your landlord.

 

We will continue fighting and hope that somebody in power will see the ludicrousy of this situation

Mungos mum

[ScaredTenant]

Yes I think my landlord is doing a very good job. But I suppose in these times no one is safe. The letter from LPA receivers tries to make an impression that the landlord is in a big big trouble and you better run, but that's not always the case. Lenders now jump on every opportunity to raise money in any way imaginable.

 

Good luck to you too! I can't even begin to imagine how this affects landlords like yourself.

 

What they are doing is bullying and robbery!

[pigland]

Scared Tenant,

 

That's great news! I hope you don't hear from the LPA again. Good luck with everything!

 

Kind regards,

 

Pigland

[chillinlong]

Well done scaredtenant!!!

 

Wish you all the best!

 

Its a good point you say that though about what the LPA Reciever say to the tenants, Walker Singleton tell my tenants that the property has been repossessed and at any point do not speak to me and do not pay rents to me as I have failed to pay the mortgage etc and that I will not be involved any more etc... then when I call the tenant to see how they are getting on they are understandable very wary with me which makes it very difficult to say can you keep paying me the rents and I will pay to the lender therefore trust me not them. When they send all these official letters the tenants rightly get very scared. This could be handled in a better way but they (Walker Singleton) refuse to listen and all the time when maintenence issues arise they continously say to the tenants it is the Landlords fault why these were not dealt with in the first place in the first place however we will try to resolve, then they have the cheek to contact me and say I should go and resovle it!!!

Edited February 4, 2010 by chillinlong
Extra points...

[Meerkat One]

A good result. If Landlord and Tenant have a good relationship and can maintain their trust it lays bare the lies and underhand tricks the LPA receivers and Lenders use to deceive everyone.

 

Regards

 

Meerkat

[mungos mum]

Hi chillinlong

 

Your points regarding Walker Singleton are also true of Joden Salata LPA & Templetons LPA.

Lying to scare tenants, lying to the landlords, squabbling over repairs, selling properties (well under value) without informing the borrower, not replying to letters requesting information, the list goes on & on.

They must have all gone on the same training course...

'How to mis-manage properties in one easy step'

and they all appear to have passed with flying colours!!!

I do wonder if there are any LPA receivers out there who do not conduct themselves in such an appalling manner, if there are I would love to hear what they have to say.

Best wishes from a very slightly bitter & twisted Mungos mum

[chillinlong]

Hi Mungos mum,

 

Its a shame isnt it, the genuine recievers who are supposedly actually work with the landlords to get the properties back on track are rare, they are like surveyors who think they know everything and treat you like a criminal in order to get more work for the banks that have been appointed by.

 

I come accross numerous intriguing decisions by Walker Singleton and to this day it is flabbergasting as in does not make sense even if I was on the banks side aswell in other words just losing money and making the LPA reciever more money and quicker...

[caro]

Steve Molloy is a member of ARLA (Associaltion of Residential Lettings Agents).

 

http://www.arla.co.uk/directory/members.aspx

 

ARLA have a Code of Practice which members have to follow, and will discipline members if they don't comply with it. Could be worth reading the Code and phoning the ARLA Compliance Department.

 

http://www.arla.co.uk/about/

Edited February 9, 2010 by caro

[chillinlong]

Thanks Caro,

 

I will endeavour to write to these (ARLA) about the conduct of Steve Molloy, I need to sit down one day this week and write a whole load of complaints to every organisation etc about the practice of Walker Singleton and Steve Molloy...

 

Its a shame we couldnt do some sort of petition against these people about their practice, well I suppose it is possible if we get something constructive put together. I will go away and think about that.

 

Thanks again

[chillinlong]

I was having a think before about the tactics of the LPA recievers, be interested to know everyones opinion.

 

In theory for example if you have a few or more properties, you are more likely to recover quickly to go back into credit and maybe hopefully regain control of the proeprties back due to arrears coming down faster.

 

Now we know for example Walker Singleton use tactics to scare tenants etc and reduce chances of recovering etc but one really strong tool they can use is just sell one property which will mean a large shortfall and therefore that means you officially have no chance of recovering the portfolio because your arrears will not only be difficult to regain back but you now have a monstrous shortfall to deal with on top of this effectively making their position stronger to deal with your properties by eventually selling them as they are increasing risk and the banks want their money back quick.

 

Now how about if you endeavoured to ensure that the properties were always rented therefore they cannot use the excuse the property is in bad condition therefore we think the best strategy is to sell when they know it is not as it will lose another 50k!

[Meerkat One]

Like you I will be writing to ARLA. The tactics used by WS are not acceptable. Perhaps if everyone writes then ARLA, RICS will realise there is a problem

[pigland]

Chillinglong,

 

Yep, that looks like one of their tactics. I feel a march on Mex coming up!

 

Kind regards,

 

Pigland

Edited February 18, 2010 by pigland

[caro]

Like you I will be writing to ARLA. The tactics used by WS are not acceptable. Perhaps if everyone writes then ARLA, RICS will realise there is a problem

 

Yep, RICS would be another avenue to explore.

[chillinlong]

RICs it is then...

 

I have been complaining abot some of their tactics, the problem is instead of trying to go forward with you they avoid replying to your emails od addressing this. And theyre supposed to have a legal right to do what is best for you and the lender?

 

Thanks Caro, and others. Fascinating isnt it...

 

Another question I have been thinking about...

 

The credit history shows that no payments being made etc and totally non existent on these mortgage but they are getting payments every month, so surely they should be updating the credit records as payments being made. This way then would make it easier for ourselves to get finance in the future to get the properties away from Walker singleton and Mortgage express but we have to rebuild our credit first. I have put this to them (MX), and their answer is "An interesting question, I will try and get back to you on this), they never have the bloody answer. I think they just come to meet you to find out what you are up to and to see if they can slowly overpower you before you notice it but trick you into thinking that they are working with you to address the problems. Then when they go, a couple of hours later you get an email, the bank have agreed with WS that they need to sell a property. And they never mentioned anything about this in the meetings.

 

I agree with Piglands comments, be careful when they come to meet you. they are out to screw you.

 

This weekened I am going to try and write up all the complaints letters to RICs etc...

Edited February 11, 2010 by chillinlong
Extra comments.

[caro]

In that case they are breaking the Data Protection Act by passing inaccurate information to the credit reference agencies. You could point that out to them and inform the Information Commissioners Office. You can email that from their website.

[chillinlong]

Caro, thank you so much for this infromation.

 

It is intriguing and very unreliable for example, we know the tenants are paying regurlarly every month to the LPA recievers, yet for some reason on the Mortgage express statements, some months they recieve and some they dont but then the month after they catch up. apparently this is because their accounts systems are not always up to date aswell as the LPA recievers are too bloody disorganised to get things progressing straight forward.

 

I will have to address this. I get one statement in the post from MX that makes it looks like it is regular payments, but then I get statements from them via email that totally contradicts the statements ie irregular payments.

 

On the credit history it says I have not paid for 6 months and over, yet they are getting paid every month. I wonder if this is to do with the fact they have decided to consolidate all the mortgages, which apparently they say they have a right to do this according to their terms and conditions. In reality, if consolidated then every mortgage on the credit history should say there is payments coming in as every month they get more rents the the actual subscriptions payments a month.

 

Thanks again caro, amazing how much more info we discover via this website...

 

Another question, do I have a legal right to know what is going on with each property? As they do not answer my emails as to what they are doing about something sometimes and avoid informing me that properties have become vacant. I fell they do this deliberately so that they have a chance to sell before I come along and say this should be rented not sold as it is gainging more than the subscription monthly.

Edited February 11, 2010 by chillinlong

[diddled]

Chillin - Im a bit confused here.

Am I right in thinking that as your portfolio has been consolidated into one single mortgage account, there is now only one consolidated repayment to be met each month?

If this is the case I would imagine that any arrears should also be consolidated, and that overall the arrears situation is perhaps reduced, in as much that you are not enough in arrears to allow MEX to excercise its rights in appointing recevers to manage your properties.

If that makes sense?