Forgive my ignorance but I thought these were the rules. Something is better than nothing. Still no word on the disgusting Capstone Mortgage Services though.
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A Manifesto
We aim:
1. To name and shame Capstone Mortgage Services as a disgraceful Third Party Administrator which specialises in ripping people off before dispossessing them.
2. To highlight the appalling practices of this firm which are systemic and unlawful and which cause huge consumer detriment.
3. To highlight the fact of insolvent trading by the Lehman Bros entities including SPML, SPPL, and PML; to further highlight their failure to comply with their legal responsibilities to submit accounts or appoint directors.
4. To challenge the locus standi of Capstone Mortgage Services to issue claim on behalf of the originating lender.
5. To campaign and lobby the regulators such as the Financial Services Authority to halt these abuses NOW, by applying the law and regulations as they exist.
6. To assist anyone in the process of fighting unlawful, falsely premised and vexatious repossession claims to mount a viable defence.
7. To campaign for fairer hearings before the courts in repossession claims than the anecdotal evidence suggests is currently the case.
8. To encourage in the media wider reporting of the fall-out for thousands of British families and households of the Lehman Bros bankruptcy.
9. To alert all concerned that the cynical makeover from Capstone to Acenden is nothing more than a PR rebranding exercise and has if anything resulted in more of the same from this appalling 'mortgage servicer.'
This is not just our manifesto. It is yours too. Feel free to post up suggestions and they will be considered for inclusion.
FSA Principle 6
Securitisation and Fair Treatment – As stated by the FSA
In terms of the issues raised around securitisation, we expect a firm to adopt the same approach to forbearance for borrowers with mortgages that have been securitised as for borrowers whose mortgages remain on the firm’s books. Securitisation covenants should not constrict a firm’s ability to treat its customers fairly by exercising appropriate forbearance strategies.
Whither Deterrence..?
Margaret Cole, director of enforcement and financial crime at the FSA said:
"FSA rules ensure that financial services firms operate safely, protecting both their customers and the industry itself. Anyone found flouting those rules will face stiff penalties."
Really? Or did you mean THIS:
When I use a word,' said.... in rather a scornful tone, 'it means just what I choose it to mean — neither more nor less."
FOS Complaints STATS Courtesy of Dingle.
SPML 56% found in favour of complainant
1 July 2009 – 31 December 2009 – new cases
Kensington 50
SPML 56
1 July 2009 – 31 December 2009 – resolved cases
Kensington 50% resolved in favour of complainant
SPML 40% resolved in favour of complainant
1 January 2009 – 30 June 2009 – new cases
GMAC 54
Kensington 70
Preferred Mortgages 31
SPML 92
1 January 2009 – 30 June 2009 – resolved cases
GMAC 74% resolved in favour of complainant
Kensington 37% resolved in favour of complainant
Preferred 56% resolved in favour of complainant
SPML 48% resolved in favour of complainant
SPPL’s VAT (Yeah…I’m the Taxman…)
Direct from SPPL's Tariffs and Charges 2010
"All fees and charges are inclusive of VAT where applicable."
Now, where did we put those SPPL Accounts...?
s.27 of the Land Registry Act 2002
From the many prospectuses...
"Neither the Issuer nor the Trustee currently intend to effect any registration at The Land Registry of England and Wales, the Registers of Northern Ireland or any registration or recording in the Registers of Scotland to protect the sale of the Loans"
Why not? It is a legal requirement that they do so and any failure amounts to a criminal offence.
Categories
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- Case Law and Legal
- Civil "Justus": The County Courts and Repossessions
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- Securitisation – The Dark Art of Stealing Your Home. (A Lehmans Bros/Capstone Production in Association with the Financial Services Authority)
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- The Treasury Select Committee
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- Your Story: Abused and Unlawfully Dispossessed
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