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

[diddled]

Had forgotton all about this -

When WS faIled to comply with my SAR I did lodge a complaint with ICO.

IC sent one of their investigating officials (an ex-police officer or so he told me) to visit me at my home. After being interviewed I was advised that he would be paying WS a visit to inspect their records.

At the eleventh hour the intended visit was withdrawn by IC, cant remember the reason I was given, but seem to think that limited resources was the excuse.

[chillinlong]

The bank have already sent letters hiding behind the Durant decision with regards to sending details on the LPA conversations etc, I written a letter recorded delivery, have had no response from them though.

 

Good tip about request the SAR of the FOS to discover all the details.

 

Was that limited resources on the FOS or WS side?

[diddled]

No, it was the Information Commissioner

[pigland]

doots14,

 

How are you getting on?

 

Kind regards,

 

Pigland

[chillinlong]

So you still got a successfull action with the information commisioner even though they have limited resources diddled?

[diddled]

No, not really, it just died a death, because other committments prevented me from further pursuing WS's non compliance with my SAR.

[mungos mum]

Hi Guys

We did SARs request to MEx last year, they also tried to hide behind the Durant v's ? (fsa I think). After quick call to Data protection office I was told that the Durant case was no longer applicable & if MEx did not comply I was to refer back to them.

MEx did eventually comply, all be it on the 40th day. I'm still not sure we received all the information. I need to do another request as receivers are now in place so there should be more to look at. We have also just made SAR's request to the receivers.

When we requested info from MEx last year we also asked our solicitor (the ones we used when we purchased the properties) for copies of all our paperwork. That made quite interesting reading as it seems as though MEx were doing so much work that they sent the solicitor wrong documents etc and generally got themselves in a right old mess. It may not be of use to us at the moment but we may find it usefull in the future.

[diddled]

The data I received from FOS in response to my SAR included lots of copy letters between the Bank and the receivers and vice versa. It was only on receipt of this info, that the penny dropped, and I first became aware that lots had been going on behind closed doors. As soon as the Bank appointed WS as managing agents Howard Eastwood pushed to gain control of the situation and actually invited the Bank to appoint 2 of his company's own directors as LPA receivers to take possession of and dispose of the property in order to realise the banks security.

[mungos mum]

Hi diddled

Sorry to be dumb but can you explain again how you got your Subject Access Request data via FOS? I'm having a blonde moment!!!

 

x

[diddled]

Hi Mungos mum

 

Whilst this was all ongoing, my family was left virtually penniless, so I couldn't fund specialist legal advice.

 

The only option available to me was to lodge a complaint with FOS, however largely due to obstruction and uncooperation on the Bank's part towards the Ombudsman's enquiries the FOS investigation took almost 2 years.

 

Whilst FOS investigation was in progress and despite both the Bank and WS being aware of this they refused to put a sale on hold, and went ahead and disposed of the property some 10 months before FOS had even reached a decision.

 

By the way FOS found several counts of maladministration against the Bank

 

I only became properly aware of what had been going on after the event, so to speak. Had I known then what I know now I'm confident that I could have blocked the sale

 

I'm going back almost 10 years, but I've kept copies of absolutely everything

[chillinlong]

Hi everyone,

 

I think what diddled is saying really it is important to get our complaints into FOS now while a little time is on our hands which is very important.

 

Thanks again diddled for relaying your experiences with these vultures MX and WS it is really helpful and points us all in the right direction to get the momentum going.

 

Thanks

[sky blue heaven]

evening all ,

 

Im brand new to the forum and stumbled on it after googling LPA receivers rights etc, etc 9what a great forum this si). I have a portfolio with mx, at the peak nearly 20 properties, theyve repossesed half of them, havent sold any of them yet and the remining 9 or so im fighting i court with a N244 forms etc..the 9 are subject to the consolidation agreement they ambushed me with a few months ago. prior to the reposession orders being granted ,the LPAs were stood down and they went ahead with reposession orders on the remainder of the properties. has anyone got any further advise or info on the consolidation or how to defend yourself against these? its almost impossible to sell all 9 as they are circa 4-5m combined and theres simply noone with the money around to buy these, i want to sell these one by one and get max value, as the repossesion price will be pathetic.

 

any advise would be very much appreciated.

 

thank you

[chillinlong]

Hi Sky blue,

 

Sorry to hear about your situation but glad to hear your still fighting them. When you say that the LPAs were stood down and then went ahead with repossession.

 

Do you mean that LPAs were first in place and then the LPAs decided to sell them?

 

Also, consolidation I am not convinced it is totally legal for them to do this as there is no specific terms and condition to allow this, however there is a term that states sort of a similiar situation to be allowed to do this but am not 100% in the case of LPAs consolidation at the moment we are awaiting an outcome on this. We will keep you updated though.

[sky blue heaven]

thanks chillinnlong,

 

sorry i wasnt very precise with the description, MEX appointed the LPA receivers, but when they evaluated all the properties and realised a lot of the tenats had pid up front etc, thye knew they had abattel to get any rents..the remaining tenants were quite friendly and gave them the run around a bit to be honest. all of a suddent then they stood down and mEx appointed there lawyers to take posession proceedings.. im still fighting this now as im saying it is immoral and illegal to make me pay off all the loans at once despite the consolidatrion.. there doesnt seem to be much case law around?

 

i was reading earlier one of the posts, and you can request all your private info from the lender, is this correct? case request? this would be brilliant if so as my relationship manger has bullsh1tted the court about agreements etc we had..how do i get this info?

 

 

thanks again

[sky blue heaven]

ps excuse the typos...i type too fast!

[chillinlong]

When you say all the tenants paid up front, how do you mean up front for 6 months for example? Were the LPAs Walker Singleton?

 

You can request all your private info from the lender via a SAR request. Further details on this site about this. They will not provide everything as they hide behind Durrant v FSA case but apparently I think someone says in earlier post that this is not relevant, so you have to be persistent and get all the information you require.

 

Portfolio Manager, watch out with them, they say one thing and then drive off and decide something else for you without knowing you. again a earlier poster said that they are actually working you out to see what weaknesses you have so that they can use that to wear you down and win against you.

[mungos mum]

Hi sky blue heaven

 

Chillinlong is right, they will try to hide behind the Durant v's FSA case.

I 'phoned the information commisions office and was told that Durant v's FSA was no longer relevant and that if they failed to comply with my request I was to inform them.

Make sure when you make the request that you send them a cheque for the £10 fee, again they may try to tell you that you need to pay £10 for each account. This is not the case, it's £10 per name.

We were also advised to write in bold letters that we want this treated as a request for information and that they are NOT to treat it as a complaint. I was amazed at how many stalling tacticts these cowboys use.

You will find somewhere on this site a S.A.R's template you can download, fill in your details and then send off.

Someone else on this site also suggested requesting info from all parties involved at the same time ie; MEx, the solicitors you used when purchasing the properties, the LPA receivers and the solicitors who are now pursuing the money. This way you can compare what they send you, it can make interesting reading as well as sometimes tripping them up.

 

Hope that I don't sound as though I'm teaching my 'Grandmother to suck eggs' but don't forget to send everything recorded delivery.

 

As you can see there are now quite a few of us sharing info and drawing strength from each other. Our situations are all slightly different but the main objective is to stop these 'bully boys' at MEx and the receivers from draging us all down.

 

Let us know how you get on

Mungos mum x

[mungos mum]

Does anyone know if we report MEx and/or the receivers to the F.O.S, whether repossessions and further action by MEx have to be put on hold until F.O.S have completed their investigations?

I know this happens with banks but I'm not sure if it applies in this case.

[diddled]

Whilst my FOS case was in progress the arrogant receivers (with the Bank's approval) went ahead and sold the property regardless. FOS doesn't have any powers to stop Banks and receivers from selling a property whilst there is an ongoing dispute.

FOS substantially upheld my case, but FOS decision was made some 10 months after the property had already been disposed of.

[mungos mum]

I take it the lender was not reprimanded?

[caro]

One thing I'm not sure if anyone has mentioned here is the matter of shortfalls if the property was sold for less than the amount of the alleged debt. This has been an issue for people who have had their own homes repossessed by MEx. I assume so with BTL mortgages too?

 

I wonder if it's possible to obtain an injunction to prevent sales against the owners will, or allowing them to sell the property themselves.

[chillinlong]

Hi Caro, it is a valid point.

 

My arguments are the arrears are clearing themselves up yet once they sell a single property, there will no doubt be a large shortfall due to them all being in negative equity and the problem is once a shortfall has been created from the sale of one property it will be added onto the arrears of others. This make is totally impossible to ever recover and get back on track. It proves this strategy is to be able to utilise their exit strategy quick and give the government their money back quicker but a lot less than they should be giving back.

 

I believe there is a way to put an injunction to be able to decide who to sell myself but the problem is I cannot sell for more than the mortgage outstanding.

 

It is a shame I cannot get an injunction on the basis the rents are covering the arrears and monthly payments and it is not financially viable at all to sell now. Rather wait until the markets improve and then maybe sell but by this time hopefully the arrears will be clear then and they will then hand them back over.

[mungos mum]

Just received letter from MEx telling me that they have sold one of my properties leaving me with a shortfall of around £60k.

This is the first of quite a few they have up for sale.

As they have emptied the properties of tenants and let them fall into various states of disrepair all are up for much less than I owe.

 

I am still waiting for a reply from the receivers regarding claiming from their insurance as at least 2 of the properties have been totally wrecked by pipes bursting during the cold spell.

 

Caro do you have any idea how we could go about petitioning a judge to put a temporary halt to furture sales? I really do need to buy myself some time before they sell all my properties, leaving me with nothing worth fighting for.

Many thanks

MM x

[Meerkat One]

Hi All Have just been catching up. I have a complaint with FOS and mex have tried every trick to stall even claiming my complaint was out of time with FOS (6 months). Have more info so it is ongoing. The Receivers have not stood down whilst complaint going through and it appears everytime I start again with mex they make contact again. You have to ring every day and ask any questions you can. I did a SAR with mex and received half of the info am now pushing for rest. Contact their legal department direct not case managers.

[chillinlong]

Hi Mungos mum,

 

Sorry to hear about the sale, how do you know the others are on sale are they with an agent or as such? If so, who are they local agents?

 

Also, the injuction to allow you to control the sale rather than them is by making an application to the courts via a N244 form. Do a search on Mortgage express posts, I think nukem did a post about how to go about in registering this to stop them and do it yourself.

 

Let us know if you cannot find and please let us know how you get on.

 

Good luck!