Homeowners for Justice & an end to unlawful Repossessions By UK based bankrupt Lehman Bros Entities
Wednesday June 19th 2013

Rating the ratings agencies



I cannot find the post that suggested that Capstone Acenden are NOT in trouble because they have just had a clean bill of health from one of the ratings agencies. Please accept my apologies for this. Perhaps the poster would like to give us the latest assessment in full. (copyright permitting of course).

Well, anyway, thanks for the gilt edged reassurance in these times of growing rumours that they are dropping like a stone.

Without the post to hand I do not wish to speculate which one of these stellar ratings organisations it was – with no conflict of interest with the industry that pays their way –  that saw fit to declare Acenden in a robust state of health.

I do wonder though whether it was the same agency that was paid handsomely to minimise the risk and upgrade the toxic assets that these sub – prime garbage peddlars were dumping on the world markets. After all it is beyond dispute that the toxic poison spread by Lehmans was the singular and most significant cause of the turmoil that has engulfed the world economy since September 2008.

I ask this only because it is clear that from an article in today’s Times  -

 

The article goes on to state that they face potential civil charges for approving a package of mortgages (CDO Delphinus 2007-1) that then turned toxic. And who is suing them? No less than the US Government, forced to quintuple the federal deficit in order to bail out these banks who hitherto had been telling governments to keep an arms length approach. A return to Glass-Steagal anyone but note that this is fiercely resisted by our own banks.

When it comes to the office golf playing, pizza munching rating agencies, almost in total hock to the industry and the related securities they represent, it is far from clear that these professional assessments were reliable leading up to the crunch. It is even less certain that we can rely upon them now. Acenden may have been given a clean bill of health by the rating agency in question, but history should tell us that this can’t mean very much. Once bitten, twice shy?

What really annoys me though is the idiocy of such posts – that they think we are just going to be able to rely on this “fact” as hard evidence of the health of increasingly anaemic Capstone Acenden.  Acenden have tried to pretend that they are nothing to do with Lehmans when they are in fact the SPAWN of Lehmans.

Please try harder and raise your game a bit.

This kind of “so and so said Acenden were upgraded” with the implication that we should just accept this really is nonsense.

It’s nonsense because even if it were a reliable assessment, and one with which anyone could take confidence, it is equally true that anything the ratings agencies tell us should, from bitter experience, be treated with a great deal of caution.

2 Comments for “Rating the ratings agencies”

  • T,V.S.N.L. says:

    OVER A THIRD OF THE MORTGAGE BOOK GONE IN 3 YEARS AND NOT REPLACED, WILL SEND YOU THE STATS.

  • Capstone Action Group says:

    You don’t need to post the stats TVSNL. They’ve been posted on this site a few times . Raw data from S&P ( them again) dated October 2010 stated number of mortgages/ loans 107,339 in August 2007. No specifics for October 10 but widely publicised as 79000. Whatever the missing 28000 went is anybody’s guess. I guess they all just moved on or paid up in full.

    Remember also that oct 2010 was the height of the daily decimation campaign here. S&P could not have been up to speed on the 140 per week that were happening last autumn.


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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.

 

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