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

[Crapstone]

I've just called Capstone again to try to get a bit more info. from them.

 

They really didn't want to disclose why the account was refunded and kept passing me between litigation and customer 'service'.

 

I asked what the position was and they have again said the account was reviewed as we been a very good boy and girl and kept up the payments! I pushed them for an answer if everyone would be getting the same treatment in light of the FSA getting tough. The reply was a 'NO' but the tone and manner was saying otherwise. So....I asked them to put in writing the reason for the refund and that it's not a mass customer exercise across the board..... The silence gave it away.

[gustavius rex]

l'm a bit short of time here, but, this is what l've dug up so far. ln the US they have had a good success rate with stopping repos. The reasons given and basis for counter court action were:

 

DECLARATION OF RELIEF

 

1. Mortgage Fraud;

2. Predatory Lending;

3. Violation of Home Ownership Equity Protection;

4. Property Settlement (unfair);

5. Truth in Lending (Beneficial Ownership Sale of);

6. Fair Credit Agreement;

7. Fraudulent Misrepresentation;

8. Unjust Enrichment;

9. Civil Conspiracy;

10. Set Aside Illegal Trustee Sale;

11. Quite Title;

12. Wrongful Repossessions;

13. Usury;

14. Wrongful & Unfair Debt Collection Charges and Procedures; and

15. Slander of Title.

 

Quite some list of discrepancies and l now need each and everyone of you to go through this and come up with what you think we can successfully use here.

 

Got to go, but, will be back in a few hours.

 

Gustavius Rex

[ryde]

bloody hell GR a months work there! give us a few links.

[verycatchy7939]

Phoned capstone to day to pay my SPML mortgage and i asked them about PML/PPL/SPML appearing in the high court in respect of the appeal against bankruptcy and what had gone on?

 

To which i was met with a long silence and asked how did i know that as it wasn't supposed to be public knowledge. To wit i pointed out court proceedings and listings are.

Then i got a manager on who would not comment on any of the questions i asked him. which were

 

Are they in admin

Are you SPML

who now owns my mortgage

when is your restructure

who owns you

are you going in to insolvency soon as per you holding companies

 

they just directed everything to PWC and gave me there phone number and interestingly admitted they were under fsa investigation. His words were (which i have recorded)

 

" you probably need to add your name like the other to the fsa complaint against us, you type always does"

 

i had a field day and got him to admit that they are one of the 4 companies, in addition he told me to do a sar to get my charges back. dear

this is all recorded guys , just need you advice on next steps.

 

God the guys at crapstone are so rattled at the mo , he even told me they are being restructured and jobs will go.

[Crapstone]

Phoned capstone to day to pay my SPML mortgage and i asked them about PML/PPL/SPML appearing in the high court in respect of the appeal against bankruptcy and what had gone on?

 

To which i was met with a long silence and asked how did i know that as it wasn't supposed to be public knowledge. To wit i pointed out court proceedings and listings are.

Then i got a manager on who would not comment on any of the questions i asked him. which were

 

Are they in admin

Are you SPML

who now owns my mortgage

when is your restructure

who owns you

are you going in to insolvency soon as per you holding companies

 

they just directed everything to PWC and gave me there phone number and interestingly admitted they were under fsa investigation. His words were (which i have recorded)

 

" you probably need to add your name like the other to the fsa complaint against us, you type always does"

 

i had a field day and got him to admit that they are one of the 4 companies, in addition he told me to do a sar to get my charges back. dear

this is all recorded guys , just need you advice on next steps.

 

God the guys at crapstone are so rattled at the mo , he even told me they are being restructured and jobs will go.

 

 

I bet a few journalists might be interested in that recording.

[ryde]

Great stuff verycatchy love your nerve,bet their office was buzzing after your phone call just wait until the panic sets in and it has spread around that their predicament is public knowledge!!!!!!!!!!!restructuring usually means going bottoms up.Hopefully one big fine coming their way but who will it go to spml/pml/lmc.Capstone give it all away if they weren,t running these companies they wouldn't be that bothered as as collectors everything they've done would be on the instructions of the lenders and its the lenders who would be hammered by the fsa,shows what a sham it's always been.

Where and how do we add our names to the fsa list can you ask them!?.Wonder how long the list is?Can' we announce publicy via the internet or otherwise that a list exists for people to add their name to for complaints being dealt with by the fsa against pml/spml/lmc etc and find out the details of where you can do this and that compensation will be forthcoming Everyone who has ever had a mortgage with these gangs must have a complaint and is due something back if they only knew,alternatively better still get it stuck on the front of a tabloid ."Claim compensation now directly through the FSA if you ever had a mortgage from these people etc".If you look at the mortgages they've securitized from the eurosail prospect(uses)(i) over just the last few years you're talking of billions and there must be an awful lot of disgruntled mortgagors (both current and ex ) out there who have no idea of what is going on and need to be told the quicker the better.How about a huge petition?

Edited October 30, 2009 by ryde

[midge61]

Hi

 

Well I got a letter from them yesterday but it was to tell me I was in arrears by £85.

 

I have written so many times now asking them to explain how and when and what for but all they do is send another letter sating I still have arrears.

 

Will sit and do a big complaint at the weekend ....again!

[brassed-off-2]

Phoned capstone to day to pay my SPML mortgage and i asked them about PML/PPL/SPML appearing in the high court in respect of the appeal against bankruptcy and what had gone on?

 

To which i was met with a long silence and asked how did i know that as it wasn't supposed to be public knowledge. To wit i pointed out court proceedings and listings are.

Then i got a manager on who would not comment on any of the questions i asked him. which were

 

Are they in admin

Are you SPML

who now owns my mortgage

when is your restructure

who owns you

are you going in to insolvency soon as per you holding companies

 

they just directed everything to PWC and gave me there phone number and interestingly admitted they were under fsa investigation. His words were (which i have recorded)

 

" you probably need to add your name like the other to the fsa complaint against us, you type always does"

 

i had a field day and got him to admit that they are one of the 4 companies, in addition he told me to do a sar to get my charges back. dear

this is all recorded guys , just need you advice on next steps.

 

God the guys at crapstone are so rattled at the mo , he even told me they are being restructured and jobs will go.

 

Nice one!! Catchy:D

 

As it so happens i am doing another dsar as we speak...had well over 6 months of them towing the line re my payment/ late payment (not) charges..also going for the other info on securitisation, insurance underwriting sheets (soon due for renewal;)) ...the full shibang!!

 

conversation i had yesterday, was my arrears are still over the £6k mark?? although the figure the girl gave, didnt tally with the recent letter received?? will be interesting to say the least...am also hitting them with the give me a satisfactory list of the 6 months late payments that have remained on my credit file for the last 8 months....must say though they have only updated it once ..and not the ususal monthly cra check they were doing before hand....yes capstone i have them all saved for proof!!

 

Other interesting point admited in their conversation, when enquiring what my best way to pay was this month, due to the postal strike, and the 1st falling on a sunday... as i pointed out that my cmp by cheque and my seperate cheque to be used towards the arrears as per court order could be delayed...i was advised to either pay on line (dont think so), ring up with debit card(not on your nelly, let you say i missed novembers payment, because ive paid early? been ther got the t-shirt) or over the counter at any branch of barclays (theres that word again!! barclays)...which ever way i did it, their system would not recognise to split the extra for the arrears and would lump it all together!!! familiar old story i hear you all say...so missed arears payment as per court order....lets take them back to court again and get repossession!!! cretins

 

The cheques are stuck in the sorting office, but at least i have a recorded paper trail...and an industrial dispute to back me up..wonder if they mark me as a late payment this time??

[ohitsonlyme]

Does anyone know how this is affecting Oakwood/ Mars capital??

Onlyme

[verycatchy7939]

thanks guys for the praise but it mean little unless someone helps me how we can use this recording .

 

I got little to loose as i have no arrears now, but i so want to help out and sort these jokers out.

 

so if u got a question i will ring up and ask it anytime- if you wan to me to that just ask guys

 

we will beat these if we work together, i always record and i even played back to them LOL

[gustavius rex]

thanks guys for the praise but it mean little unless someone helps me how we can use this recording .

 

I got little to loose as i have no arrears now, but i so want to help out and sort these jokers out.

 

so if u got a question i will ring up and ask it anytime- if you wan to me to that just ask guys

 

we will beat these if we work together, i always record and i even played back to them LOL

 

Now is the time to put all the various complaints together that l posted earlier today. lt's not difficult, but, in some areas we will need legal advice. Let's break it all down to individual sections and then add each and everyones particular problems to that heading, i.e.

 

1. Mortgage Fraud? Contract entered for xx year and sold to trust for 6 years.

2. Predatory Lending. Promises, no check's of ability to pay, lax controls etc

3. Violation of homeowner equity....needs to be checked.

4. Property Settlement. Unjust sale and loss to debtor.

5. etc etc

These are only a few examples, but, we need to put a proper package together now and all of us contact FSA to provisionally add our names to ''the list''. l shall get my sh.t together immediately and also draft a preliminary claim for the court. Should have the first draft by tomorrow or Sunday latest, but, expects all of you guys to help me out now.

 

Where is Sue???? We need your assistance.

 

GR

[ryde]

GR you're obviously a fellow citizen please send a senatorial messenger to summon him back from his country villa to the forum postus hastus!!!

Still don,t quite get this seems the fsa are investigating capstone as one of the gang of four when it should be pml/spml/lmc and their various derivatves as originators/lenders or are capstone the actual representatives of all of them.We need to know when we add our names to the "LIST" who we are actually complaining about our lender or their administrator?(in the gmac situation it was the lender)The identity of the miscreants is actually shrouded in secrecy and has not been put in the public domain by the fsa who appear to have made investigations of these gangs by the volume of complaints made seperately and directly to them by individuals and the quantity,variety and seriousness of complaints would appear to determine the financial penalty so the more variety of complaints,the more serious and the quicker the better before the fsa make their decision because then the bigger the penalty?perhaps the best course is just to sayin the complaint pml or spml etc as represented by capstone their administrators and that gets the whole lot lumped together.

Edited October 30, 2009 by ryde

[Crapstone]

who we are actually complaining about our lender or their administrator?

 

 

The whole flaming shooting match. All as bad as each other in my view. And whoever or whatever the excuse is ...it's their problem...not ours.

 

I don't care who gets shot for this as long as we get the compensation we all flipping deserve.

[eagleforms]

I'm obviously slow off the mark, but reading brassed-of-2's reply, the penny dropped as to why my arrears were not going down - they aren't putting the arrears payments against them. How likely are they to now claim that I haven't made any payments against them? You've got me worried now? Count me in to screw this lot well and truly!

[brassed-off-2]

The whole flaming shooting match. All as bad as each other in my view. And whoever or whatever the excuse is ...it's their problem...not ours.

 

I don't care who gets shot for this as long as we get the compensation we all flipping deserve.

 

Here!! here!! couldnt agree more..

 

nice news on the refund, Crapstone.:D dont think i will be at the top of their refund list just yet £6k+ is quite a lot to admit too just now:rolleyes:

 

Just a thought regarding getting some answers...did the fos contact you to say they have advised capstone to do this or gave you any inclination it was happening..or is the matter still in their hands?? Sorry if i have missed anything in your previous threads...but you know how it is...still busy with the welscum, but try and keep on top of the goings on over hear...

[brassed-off-2]

I'm obviously slow off the mark, but reading brassed-of-2's reply, the penny dropped as to why my arrears were not going down - they aren't putting the arrears payments against them. How likely are they to now claim that I haven't made any payments against them? You've got me worried now? Count me in to screw this lot well and truly!

 

It only came to light for me, when after our regular 3-4 montly trip down to the local court house in the september (another court order agreed),

paid them on DC as usual on the friday in september, as the 1st oct was a sunday...and low and behold in the november/december i got a call from the collections threat monkey stating we had not stuck to the arrangement and had missed octobers payment and they could go for repossession blah blah...found this wonderful cag community ..sent for the

dsar...oh what an eyeopener...

 

Eagleforms, send for a dsar, if you havent done so already!!

 

And start making payment by cheques. post dated for the 1st of the month. 1 for contractual monthly payment and seperate one for arrears send recorded delivery including covering letter stating cheque numbers and amounts, and include the sentence. As per court order dated xx/xx/xx Granted in the county court of XXXXX. Believe me it works a treat..

[eagleforms]

Many thanks B-o-2 I will do that. What's a dsar? (I know I'm thick but can't work it out)

[brassed-off-2]

Many thanks B-o-2 I will do that. What's a dsar? (I know I'm thick but can't work it out)

 

Data subject access request.

 

if you need one, look in the templates section. shout if you need further help.

[eagleforms]

Many thanks b-0-2

[Crapstone]

Here!! here!! couldnt agree more..

 

nice news on the refund, Crapstone.:D dont think i will be at the top of their refund list just yet £6k+ is quite a lot to admit too just now:rolleyes:

 

Just a thought regarding getting some answers...did the fos contact you to say they have advised capstone to do this or gave you any inclination it was happening..or is the matter still in their hands?? Sorry if i have missed anything in your previous threads...but you know how it is...still busy with the welscum, but try and keep on top of the goings on over hear...

 

The FOS haven't said a bean.

 

The refund was bolt out of the blue considering the last response from Capstone was a 'stuff you' letter.

 

But the penny has dropped why the 19th was the day they refunded the account. It was the day the FSA announced the new measures. Perhaps a coincidence......I didn't spot it but the date rang a bell with my OH.

 

FSA sets out major reforms for the mortgage market

 

The review’s key features are:

• Imposing affordability tests for all mortgages and making lenders ultimately responsible for assessing a consumer’s ability to pay;
  
• Banning ‘self-cert’ mortgages through required verification of borrowers’ income;
  
• Banning the sale of products which contain certain ‘toxic combinations’ of characteristics that put borrowers at risk;
  
• Banning arrears charges when a borrower is already repaying and ensuring firms do not profit from people in arrears;
  
• Requiring all mortgage advisers to be personally accountable to the FSA;
  
• Calling for the FSA’s scope to cover buy-to-let and all lending secured on a home.

I know that Capstone manually adjust the figures and it can go on over a few days..mine rolls over to the 20th and the end of statement, so could have gone beyond that. So if it takes at least 2 days to do 1 account, and not always get it right, then how long is it going take to do their whole catalogue of accounts? My best guess it they are putting them in order of who would create the most fuss, who has already won with the FOS or through the courts ...then the rest ..possibly leaving the court cases pending for the solicitors to gloss over and blag their way out.

 

At least things are looking a lot better for all of us now and we are making some progress.

[ryde]

take a look at this should provide some interest:will ultimately concern us I believe.involves lehmans and return of assets to the investors

NOTICES FOR JUDGMENT

 

NOTICE

Take notice that on FRIDAY, 6 NOVEMBER, 2009 in COURT 71, at 10 O'CLOCK, Judgment will be given in the following.

APPEAL

From The Chancery Division

FINAL DECISIONS

A3/2009/1794 Perpetual Trustee Company Ltd -v- BNY Corporate Trustee Services Ltd & anr.

A3/2009/2037 Butter & Ors -v- BBC Worldwide Limited & Ors.

A3/2009/2043 Butter & ors -v- BBC Worldwide Limited & ors.

A3/2009/2047 Butters & ors -v- BBC Worldwide Limited & ors.

NOTICE

Take notice that on THURSDAY, 5 NOVEMBER, 2009 in COURT 69, at 9:30, Judgment will be given in the following.

APPEAL

From The Chancery Division

FINAL DECISIONS

A3/2009/0356 Southern Pacific Mortgages Limited -v- Heath.

[Crapstone]

Thanks for keeping that updated Ryde.

 

I was having a poke around on the net earlier and it was interesting to see that investors that have lost out to Lehmans products ( structured bonds..mini bonds) have started their own support and pressure groups across the globe..HK, Germany, Australia. I think the one based in the UK is called Spirit..sorry didn't have time to bookmark it.

 

If they can start a dedicated group why can't we? Something a little more away from prying eyes of the guests. Each take up an email address dedicated to getting back we are owed.

 

Perhaps CAG could assist us with a locked thread on invite only..or however it works. I'm not a techie..but if we could get something structured and keep on track with someone leading and filtering, we could actually get somewhere. Not that we aren't already but some things are better said away from 'guests'. Keep this thread going but have somewhere else dedicated to putting up a legal fight and to maximise what we can get back.

 

I don't think it's going to be long before we see the first court cases for GMAC and some backtracking on court orders already made.

[Crapstone]

5th November..They couldn't have picked a better date..

[Bona]

We have been banging away at GMAC for 5 years now about the unfair treatment they doles out and as late as the Summer they were still denying it while working with the FSA they just dont lear we got a letter yesterday in reply to one of ours a week ago saying they were going to look into our case if they think there just going to pay us back the penalty fees We llost our house because of them it wasnt repossessed we sold under a court order that was unfair and it has cost us dear I will fight on till they pay us back every penny and compensation for their lies in court

[gustavius rex]

GR you're obviously a fellow citizen please send a senatorial messenger to summon him back from his country villa to the forum postus hastus!!!

Still don,t quite get this seems the fsa are investigating capstone as one of the gang of four when it should be pml/spml/lmc and their various derivatves as originators/lenders or are capstone the actual representatives of all of them.We need to know when we add our names to the "LIST" who we are actually complaining about our lender or their administrator?(in the gmac situation it was the lender)The identity of the miscreants is actually shrouded in secrecy and has not been put in the public domain by the fsa who appear to have made investigations of these gangs by the volume of complaints made seperately and directly to them by individuals and the quantity,variety and seriousness of complaints would appear to determine the financial penalty so the more variety of complaints,the more serious and the quicker the better before the fsa make their decision because then the bigger the penalty?perhaps the best course is just to sayin the complaint pml or spml etc as represented by capstone their administrators and that gets the whole lot lumped together.

 

Sorry, no can do Ryde. My servants have fled; my slaves and horses levyed by the bailiff and my clothes sold on public auction, why l'm now facing not only debtors prison, but, prosecution for indecent exposure as well.

 

As for the rest, the situation's like this;

 

We all know, by now, that SPML/PML/LMC/et al are not really working companies anymore. They are there on paper and do have registred as well as business addresses, but, that's about as far as it goes. When Capstone was set up, the thought was to streamline all the collection, debt servicing, legal and re-possession activities within one single specialised entity. That would reduce staff levels at the lenders (originators) and let them focus on the lending business. However, when business went bad, the first entities to stop trading were the lenders. All of them, that is SPML/PML/LMC/Pink and so on stopped all new lending business. Voila, sack all the staff as there is no need for them, moth ball the lending companies and transfer it all to Capstone. ln short, Capstone is now fronting for all the various lenders and their names are only print on letter heads when you get your statements. FSA may not be made up of the smartest and most effective cookies in the world, but, this situation within the Lehman mortgage arm is now so appearant and up-front that even they cannot miss it, hard as they may try. This leaves the regulator and us in an awkward situation, as the question must be; who the hell do you talk to regarding the legal issues facing the lender and the borrowers? Capstone is only an administrator and should not have any legal powers, why, there must be someone sitting in a managerial position in all of the lenders ''offices''. Or, have the lenders given Capstone the ultimate authority to act on their behalf in all and that would then include legal, matters? And, if that is the case, why haven't we been informed? We should have been provided with information stating that as of so and so Capstone will act in all matters pertaining to the administration, collection of money and legal matters including repossession issues on behalf of SPML/PML.... Unless we have this information, any attempt to re-possess by Capstone is unlawful.

 

As far as l know, nothing has been forthcoming to me and l'm now going to go through my old repo. hearing to see who actually initiated the action.

 

Gustavius