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

[actionnotwords]

Yes I would agree with that, you could pay £100 per month if your fortunes changed but £50 would be the minimum acceptable rate.

Have they tried to pull yet another [problem] then?

[Guest MamaG1]

So then if Capstone do not have the authority to carry out all this actions by SPML, How can they be bullying and harrassing people out of their houses unlawfully and getting away with it? Yes I know so be it pp in arrears.

 

Do you have a copy of the contract that can be posted on the site pls. would like tosee it.

 

R u sating LMC has now appointed Capstone to cover their track hence forth. fine . how about the past illegality that were perfomed, they cant just be swept under the carpet.

 

The fact still remains that they acted unlawfully in that space of time. Or am I just being Naive here

[actionnotwords]

mamag1

There is currently a debate that capstone do not have the authority to act for PML(Preferred Mortgages Limited) part of this group,please read the preceding posts.I have not seen an Spml contract so I cannot comment on this but no doubt someone who has one(crapstone I believe)will and has.

LMC previously had their own administator and have now delegated administration to capstone and notified the borrower which was the same scenario as PML however they did NOT notify their borrowers ,capstone suddenly appeared.

I think scedminc will support this assertion

[scedminc]

mamag1

There is currently a debate that capstone do not have the authority to act for PML(Preferred Mortgages Limited) part of this group,please read the preceding posts.I have not seen an Spml contract so I cannot comment on this but no doubt someone who has one(crapstone I believe)will and has.

LMC previously had their own administator and have now delegated administration to capstone and notified the borrower which was the same scenario as PML however they did NOT notify their borrowers ,capstone suddenly appeared.

I think scedminc will support this assertion

 

Hi,

 

This is indeed correct. If you ask Capstone why you did not recieve written notification then the best they can come up with is that you should of however I do have confirmation that they do in fact administer on behalf of the SPV and not PML. When asked to provide written authorisation they either lie and say they will send it but of course it never arrives or they confirm they cannot send anything to confirm it.

 

Sced.

[brassed-off-2]

Just received a reply to an enquiry i made in relation to an account in credit letter, that they sent to me a few weeks back. As we all know getting any information that makes an ounce of sense off the buffoons is like extracting teeth from a newborn baby.

Quote

" It is your payment arrabgement that is in credit. The court ordered you to pay your monthly contractual payment plus £xx.xx towards the arrears with effect on XX/XX/2009. If you make any overpayments in any one month, the overpayment will show as a credit on your agreement."

 

Well my quarterly statements have not shown any credit as yet, and the overpayments took place over 10 months ago,

 

QUOTE

"The credit balanceon your arrangement is purely to show the status of your arrangement.This enables us to track payments are being received in full under the terms of the arrangement. All payments received are automatically deducted from the arrears balance...

 

oh well bettr get number crunching and check over their false accounting again!!!

[actionnotwords]

So what they are saying if you pay £100 off this month you cannot count that as paying for the next month you still have to pay the mandatory £50?

[actionnotwords]

mamag1

I have looked at your posts and am baffled at why spml have handed your case to an outside collector instead of simply bringing a claim against you directly into court.

Surely this is not normal practice has anyone any experience of this?

Debt agencies have usually bought the debt and its my opinion that the best policy is to completely ignore them and let them bring a claim in the court especially if you have no resources to pay them,as they will if they have the power to do so in any event.

The worst possible thing you can do is make any offer or any payment or accept what they are saying as true.

[brassed-off-2]

That seems to be what they are implying, so if you are in a position occassionally, to make overpayments on the arrears,to reduce it as quickly as you can, they will keep it as a credit against the arrears balance, but they will also leave it 10 months down the line to let you know that the arrears are in credit, even though the arrears are still over £6k. They then advise you that instead of paying £150 the following month you can reduce the payment to £100, so what have they been doing with the surplus for the last 10 months???

[Crapstone]

They tried that with me. Some overpayments were put against the whole balance instead of just the arrears figure. They tried to charge for overpaying on the mortgage which is completely stupid when you are trying to play catch-up.

 

Do your figures and then send them a letter stating that all overpayments are to immediately reduce the true arrears figure and not to be used for any other purpose. Remember that this bunch of cowboys are as thick as two short planks and will try to tell you that it's how THEY work. Keep your regular payments and your arrears payments apart instead of using a lump sum.

[Crapstone]

mamag1

I have looked at your posts and am baffled at why spml have handed your case to an outside collector instead of simply bringing a claim against you directly into court.

Surely this is not normal practice has anyone any experience of this?

Debt agencies have usually bought the debt and its my opinion that the best policy is to completely ignore them and let them bring a claim in the court especially if you have no resources to pay them,as they will if they have the power to do so in any event.

The worst possible thing you can do is make any offer or any payment or accept what they are saying as true.

 

SPML have had what they wanted, now the super enhanced shortfall has been sold on and taken off their books. SPML don't take care of their own records so chances are that the DC will not have anywhere near the documents needed to bring a court case. Ignore them but if they do start to get heavy then make it clear that you WILL be defending any case made against you and you do not acknowledge the debt.

[enoughisenough]

When a DCA comes after you the thing that gets them scurrying away is to ask for a Notice of Assignment that proves they have the legal right to puruse an alleged debt, WHICH YOU DO NOT ACKNOWLEDGE.

 

I can post more later on this subject but I find it unusual in the least that they have referred this to a DCA, unless of course you have already been repossessed In which case it is par for the course. Take a look here...

 

A disgusting post-possession habit… Capstonewatch's Blog

[pt2537]

now i have a real problem with this

 

asking a DCA for proof of the legal right to a debt is fine, but is it an alledged debt?

 

i suggest not, to suggest otherwise implies fraud has taken place, does it not? because if you didnt borrow the money who did?

 

Challenging the right to collect a debt is fine, and of course you should be provided proof of that entitlement. but the question arises here did you borrow the money? if you did then there is no alledged debt is there,

 

 

people seem to always jump on the alleged debt issue when disputing the enforceability of the debt under a CCA , same applies, the debt is there, its merely unenforceable.

 

So using the words "alleged debt" doesnt help you and the court would take an adverse view of such comments in my experience

 

just my opinion

[enoughisenough]

Hi PT

 

I fully accept that some careful guidance and thought will be needed here. Insofar as repossessing someone and stiffing them for a hugely exorbitant ERC charge, that should surely be the end of the matter. But there have been a load of reports that post -possession, having stripped as much equity as they can grab they then come after you for more. If these aren't alleged sums then I don't know what is.

 

Can you provide some clarification? Remember that this is quite a bit different from CCA enforceability arguments as very few if any of the Lehman ****** loans and mortgages would have been regulated by the CCA.

 

Careful handling is definitely required.

Edited April 10, 2010 by enoughisenough

[enoughisenough]

PS

 

Not a single repossession has been executed by the **** without grossly exaggerating the arrears through sky high unlawful charging regimes. You would think they had already grabbed enough that wasn't theirs to grab wouldn't you?

[pt2537]

well, i accpet there is a distinction between the two,

 

but i have first hand heard a high court judge criticise a litigant in person for using such words

 

i think that care would be needed to establish the nature of the debt and the amount etc then you can challenge the debt, but i would never call it an alleged debt, it is a disputed amount that is what i would term it

[enoughisenough]

That's excellent clarification PT. Thank you.

 

If I may just one more question.

 

Suppose one does use the preferred wording disputed amount (or perhaps disputed sums) - does such language import too much credibility to the lender's claim. If an amount is disputed not alleged, can a whole amount in it's entirety be disputed?

 

Also I would like to post a template for challenging the DCA's right to collect moniesin these specific circumstances.Does one simply rely on CPR 31.6 for disclosure where legal action is threatened bearing in mind the CCA is most unlikely to apply? Or is a SAR to the DCA the better route? My thinking is that the SAR doesn't cut it in these circumstances. Would I be right?

[sawyer]

My dear enoughisenough,

I have been made and am aware of your continual efforts and those of others in other areas and with what was being dealt with under the essential cloak of anonymity.My post was in no way reflective of your efforts but rather a battle cry to watchers and listeners to become proactive like yourself and get involved.

Your quote is exactly what I mean:

"If you want apathy try having a guess at the number of caggers who filed a CIB complaint that brought SPPL to the brink. I believe it numbers less than 10."

This is a terribly sad reflection of either a fear of authority or a hope that others will do the job when the constant cry has been and must be for numbers and the pressure continual .with over 300 pages and nearly 200000 views 10 or less is a sad sad figure.

The authorities require huge numbers to complain , a figure of less than 10 can easily be dismissed as disgruntled troublemakers and it is a testimony to Lord Cagger and friends and their persistence that action was actually taken.

This is the crux of the problem.

I am working with others on yet another template letter of complaint to make things simpler and which will require a mere signature but if less than 10 bother to sign and email it the exercise is futile,this is what I dread.Firstly I need to see the sppl accounts which will hopefully provide some necessary ammunition.

 

Thankyou Jetli for sending my letter,the absence of a reply may say it all.

 

O that we now had here

But one ten thousand of those men in England

That do no work to-day!

And they did make but one complaint

To the fos,cib,ch etc etc

 

 

Sadly I believe this to be very true, there have been only a small number of complaints. Speaking with the FOS who deal with a fair amount of Capstone/SPPL/SPML etc complaints on an individual basis, there is simply not enough complaints being made to the FSA and other authorities.

I am one of the 10 who HAS complained to CIB etc. I must admit that I did not have much luck with some of the other telephone numbers given out, Kevin Hughes (Compliance Manager-main) I was told nobody by that name and passed around several departments still with no luck. Same thing with Jeremy Pilcher.

Companies like Capstone, DCA’s and all other lowlife etc etc can do what they like regards the law as only a very few will ever complain. These companies all realise this and it’s how they can all get away with it.

How many thousand mortgages do Capstone administer in total ??? How many complaints have there been to the CIB??? Look at the amount of replies to blogs etc, very few. The signatures on the petition to the Prime Minister to stop subprime lenders charging fees whilst borrowers are in arrears A total of 22…… Look at the complaints data figures from the FOS. There are far too many people out there silent, who need to speak out if you don’t just want to hand over your house keys to Capstone. Looking at all this from the outside makes Capstone out to be the good guys!

[actionnotwords]

A quick query re:sppl who have submitted their 2008 accounts at last are they exempt from submitting the overdue 2007 accounts,the last accounts previously submitted were 2006.?

Hopefully this has cost them a great deal of money in auditors fees and fines which in part is the purpose in reporting them,this is a war of attrition on both sides from what I can see and this was a big hit from which they will smart.

 

I echo everything you say sawyer.

If only everyone who visited this site because of problems with this group just spent half an hour making a few relevant complaints,our voice would be heard.

Such a complaint should almost be mandatory for every visitor.

Hopefully we are working along these lines and will have something in place soon.

Edited April 10, 2010 by actionnotwords

[Guest MamaG1]

Thanks to all Crapstone, enoughis enough, site team.

 

Crapstone- When you say ignore them do you mean just not answer their correspondence?

 

As I have sent them a SAR now and stated I do not acknowledge the debt on the SAR to the DCA. Pls clarify yr advise here.

If they respond I will be telling them to get lost and that I am going to be defending in court.

 

I await the CPR 31.6 for disclosure template ? just in case. would like to have that handy. Thanks Engh.

 

Please provide me with the notice of assignment request papers to DCA, as I am sure they will not go away easily.

 

Where Lehmans regulated by the CCA then, I taught all thier agreements were unregulated prior October 2004??.

 

 

Enough is enough,

I have read the post in the link you provided and responded, a bit angrily, I think pls see below.

 

Now now, I see we just keep moarning here and they still carry on repossessing and still come after people for more blood, is there nothing we can do.

Can we not lobby politicians or legislators to change the law, particularly, as this fraudulent banks got millions of the tax payers money to sort them selves out.

 

This is crazy and hs to be fixed somehow.

If there is evidence that the borrower has been shafted and mistreated, forced into repossesion systematiclly by the lender. There should be room for redress and recourse to support the borrower. who Originally did not just buy a house so as to loose it after paying so much interest to the banks. People buy homes for a good reason in mind weather naively or not by not getting proper advise from lenders or brokers, which start this repossnt possibility in th 1st place. It is a huge commitments and a life time investment for that matter why do they seem to get so much plesure from cutting pp down due to their greediness, at the slightest opportunity Particularly

 

This is unfair, and absolute madness. their is no sence in all this mortgage systems. How can we propose to change the law on this particular Mortgage Strategy please some one pls advise. Edited slightly.

 

I hear and feel u Sawyer, and I am up for it too the need to changeh the laws around this, but how do we get people to talk and increase the petitioning of the government process. the CIB I have completed myself. Maybe we can lobby one of the national denbt lines or the CAB or insolvency agencies to manange the process, as anyone iwhois being shafted by this bast***ds would be in contact with at least 1 or 2 of the above, as we cant seem to effectively achieve it through this site.

Dont get me wrong this site is very helpful and supportive of us all. but I think like you said, we just need to make more noise so the pp that matters know and hear us, or maybe people are just too embarassed to be shown as loosing their homes, if so. It is notheing to be ashmed of all, it is not of our own making that we are putin this predicaments of life. Greed is the cause fromthe banks side.

 

I read they write off repossesions that sell with a shortfall against their taxes as losses, how can they do that and then still sell on the debt's to a DCA who then want to bleed dry the borrower. Where are the controls here, the DCA are probaly thier sistes companies, or belong to their friend or business associates. someone pls comment.

 

I am just quite frustated and angry so excuse meif I am sounding really off the cuff.

Edited April 10, 2010 by MamaG1
revised

[wot2do?]

A quick query re:sppl who have submitted their 2008 accounts at last are they exempt from submitting the overdue 2007 accounts,the last accounts previously submitted were 2006.?

Hopefully this has cost them a great deal of money in auditors fees and fines which in part is the purpose in reporting them,this is a war of attrition on both sides from what I can see and this was a big hit from which they will smart.

 

 

They might have filed 2007 aswell, who can say until companies house info is updated

 

Noticed this today

 

DISS40 recorded for SPPL

 

This is a 'Notice of striking-off action discontinued'

 

SPPL looks like it is now home and dry as far Companies House is concerned

[littledotty27]

Help it just gets worse!!!

 

I have the property up for sale,The HIP payment has ben deferred until property sold. Received letter on 29th mar stating upon completion of sale,payment of £463.85 will be made via solicitor.

Husbands account has had £498.85 removed from the company yesterday. Theres no direct debit on the account for it to go out as it was cancelled when they claimed it would be dealt with via the solicitors.

What can we do? as they taken over the amount that was supposed to be paid. ARRRGH!!!

[Guest MamaG1]

Why cant this forum set up a petition thing and we all have to just press a button to vote and count as a petioner against SPML and the lot of them and this can then be sent off to the legislators. lords,parliament etc. Home and Communities Agency. Home office, FSA, FOS, CML, who ever will listen and hear it, lets shout it out to them. This one does not have to be anything complicated.

 

Or

We can do somethin complicated also see below.

 

Lets request for information from all this statutory bodies on the no and level of repos done by SPML and its goons since its inseption. In comaparison to lets say the non sub-prime lenders - comparism optional.

 

Lets ask them to collate the info on how much this properties have been then sold for after repos and to whom, and after how long after repossn were they sold and why. Lets ask them how much it has then been further sold on for an to whom giving us at leat 7 to 10 years history on every property that has been repod and then sold on.

 

What has been the levels of shortfall sales, HAS EVERY REPOSSED PROPERTY BEEN SOLD WITH A SHORTFALL IF SO WHY.

 

How much have people been chased for by DCA after the Banks have written off this supposed shortfall debt against their tax releifs and what DCA companies have bought this debts and what processes were followed. how much have been recovered from the DCA and how many families have been dispossed and smached up as a result of all the Above in the UK.

 

SPML are getting away and fast too, if nothing is done to futher expose them

Edited April 10, 2010 by MamaG1

[actionnotwords]

Crapstone- When you say ignore them do you mean just not answer their correspondence?

quote mamag1

In my personal opinion yes,if they were going to bring a claim I would have thought they would have done it by now or obtained a default judgement.

You can't pay them anything so let them do the work and bring the claim.

The emphasis is on them to prove it.So give them no assistance whatsoever.

In the meantime give some thought and concentration to protecting what you still have as a precaution.

[actionnotwords]

Help it just gets worse!!!

 

I have the property up for sale,The HIP payment has ben deferred until property sold. Received letter on 29th mar stating upon completion of sale,payment of £463.85 will be made via solicitor.

Husbands account has had £498.85 removed from the company yesterday. Theres no direct debit on the account for it to go out as it was cancelled when they claimed it would be dealt with via the solicitors.

What can we do? as they taken over the amount that was supposed to be paid. ARRRGH!!!

 

Dotty if the direct debit was cancelled and you have evidence of this and money was extracted post cancellation then this is the fault of the bank and they should refund the sum.If I have this correct?

[Guest MamaG1]

Please advise, How do I protect what I have now. AS I am so short of taughts at the moment.

 

Cheers