Homeowners for Justice & an end to unlawful Repossessions By UK based bankrupt Lehman Bros Entities
Thursday June 20th 2013

Swift charge forward…FSA (Failure to Sanction Accordingly)



Well it’s quite clear that from the rather paltry fine and insignificant compensation order (which will never be honoured) that the green light for larceny, fraud and corruption has been kept on green yet again. Pardon the pun about Swift but really..?

I mean what other possible explanation can there be when crime on this scale is punished so lightly as if it were not punished at all?  Let’s have a look at this in a bit more detail…

Service Charges

 

  1. £23 for calling (WTF?!) or ‘writing’ ( i.e automated inaccurate junk mail) because you are in arrears.
  2. £12 for calling or writing when you are NOT in arrears – OUTRAGEOUS.
  3. £23 for calling or writing to third parties, i.e. first charge lenders, insurers, land registry etc
  4. “Follow up” (i.e. -totally unnecessary) letters or phone calls £12
  5. “Processing” (i.e. losing or not responding to) letters and phone calls sent by the others described in (4) above. Cost £12.

 

That’s a canny little bit of racketeering already, eh?

 

Default Charges

 

 Falling into arrears for the very first time. A staggering £250.

£110 for any further arrears, presumably exacerbated by the first charge of £250. Swift should have had their licence revoked for this. It flies in the face of all principles of good governance and fair treatment. The FSA is clearly a pussycat to the industry.

 

 Collection Charges

 

“Active” management of an account in arrears: £70 – active means what exactly in the context of  that which isn’t charged for under various other charges listed above?

£35 per month to “monitor” the account whilst a payment arrangement is in place. Er…why?

 

Redemption:

 

The Swift ultimatum requires you pay £65 to know how much it is you have to pay them off with to get shot of the blood sucking parasites.

It might as well be ten grand because no-one who signed up with these filthy predators is going to get out alive. But wait for the best bit..£250 to release the title? Mmm, I wonder how much LR charge them for this service. I have a lot of sympathy for genuine beggars but none at all for these corporate spongers.

 

“Other Charges”

 

£33 per missed or unauthorised late payment. £95 where your property “has” to be revalued. Who decides this? The infinitely evil ways of SWIFT should leave you in no doubt.

 

Copy documents £45. Haven’t they heard of the Data protection Act? Still Capstone tried the old £35 per statement once didn’t they? Are Acenden descending into the same charges hell hole, or did they quietly drop that one. Answers on a postcard here please. Are the filth still trying to charge £35 per statement?

 

And finally (but by no means the swift full house)

 

 “Having” to issue a paying in book – £35.  Home visits – £95 – what for?  Changing your buildings insurance £35. Apparently they have to write to the new insurers but I thought this was already covered by the £23 fee for writing to third parties. Mmmm, some discrepancy there I’m afraid.

 

OK so that’s it. It barely scratches the surface of what these parasites get up to and quite frankly GMAC-RFC are probably spitting feathers that they got nearly 5x the fine and 3x the compensation order that the disgusting Swift have got.

The truth is this though.

GMAC-RFC got off very lightly indeed and Swift have got away almost entirely with their appalling, unfair and wholly excessive charging regimes.

At this rate Capstone Acenden will get fined £100 and ordered to pay £10 compensation, if of course at all.

 

If a couple of bloggers can dig this up and go through it – virtually everyone of the charges being a wholesale breach of every regulation citeable – just how incompetent or complicit are the FSA in all of this?

Swift’s charges are absolutely designed to make the consumer fail.

The charges are fit for purpose- the purpose of a manufactured repossession of family homes that is neither warranted nor justified. Shame on the FSA, the OFT, The FOS the CJC and anyone in parliament remotely connected with the stinking sub prime garbage peddling parasites. If moral outrage at this abuse doesn’t hold you to account, lets hope the filthy rich investors – who have also been screwed – do.

If they know what’s in their interests they will and in future they will probably want to be well shot of the skanky spiv merchants and liars who sold them this garbage on false promises. And it was only ever garbage for one reason – which is, of course, the devious ways of the filthy parasitical intermediaries who got too damn greedy for their own good, lying to the top and lying to the bottom of this financial food chain.

 

 

 

 

 

 

 

 

 

 

 

 

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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

" A firm must pay due regard to the interests of consumers and treat them fairly"

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.

 

September 2011
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