Homeowners for Justice & an end to unlawful Repossessions By UK based bankrupt Lehman Bros Entities
Saturday May 25th 2013

The filth and the Fury (Part 4)…more consumer abuse – this time of a particularly nasty and brutal nature



Is there an email at the FSA where this kind of stuff could be forwarded?

We don’t mean the kind of email where some junior picks it up and puts it in their pending tray  -  but an email that actually gets through to the cloth eared coneheads that actually run the show?

This means the main players at the main forefront of INTRUSIVE FORWARD TWIN PEAKS REGULATION, whatever that is supposed to mean in practice.

More of the same we guess.

So here is MORE OF THE SAME, received just today. The appalling silence by the FSA on this firm cannot be sustained any longer. The facts simply scream consumer abuse, a firm out of control and injustice. AN INJUSTICE THAT THE FSA HAS TURNED A BLIND EYE TO FOR FAR TOO LONG. THE FSA KNOWS ABOUT THIS. IT JUST DOESN’T CONCERN ITSELF. A VERY GOOD QUESTION IS WHY NOT?

Here is just yet another sad sorry tale that if interviewed live on radio or television, NOBODY IN THE FSA, could defend without promising to look into what is obviously an apparent failure in an “individual case”.

IT’S SERIAL, ENDEMIC AND CULTURAL TO THIS LOT!

Close them down and secure appropriate redress for consumers who have suffered as Helen here has…

 

I am so pleased I have found this group…I thought I was on my own.

I suffer from crohns disease and unfortunately had major surgery which left me unable to do anything for 6 weeks so I went to stay with my parents.

When I returned home 8 weeks later, I had a stack of letters from acenden, apparently one of my payments had not gone through (i had paid it dd and had an authorisation code) and I had charges of over £800. I got in touch and explained that I had been extremely unwell and was not at home other-wise I would have been in touch immediately. The charges got higher and higher whilst i was waiting for my bank to look into this (unfortunatley it took the bank 3 months) and in the meantime i was taken to court for repossion, I represented myself and acenden backed off, however a month later the threats and charges continued very quickly to over £2000. At this stage i got in touch with the citizens advice who helped me write a letter to them explaining that I had been ill and not at home etc etc. The citizens advice told me that as their charges are in the contract there was nothing I could do but from a moral perspective it was wrong. Acenden rplied and all I received was a very short letter advising me to read my contract. The letter said that if i was not happy then i should get in touch with acenden again, which i did only to receive another copy of their contract.

I am now putting a letter together for the ombudsman. I am a single working mother with a chronic illness and the constant threat hanging over my head that i may become homeless has only exacerbated my symptoms. I dread the sound of the postman and I find myself waiting for my phone to go onto answer-machine before picking up incase it is acenden. I feel tormented and bullied by them. 

Good on you Helen. You have spirit in plenty and are NOT alone. You have right on your side and most of the law. You will need to be strong to take these filthy asset grabbers on. But you will find plenty of help, guidance and support here. You’ll find none at all from the following – the FSA, the OFT, the FOS, your MP, your MEP, or most other grubby apologists for the filth.

I think a campaign should be started.

It’s a simple idea.

Though our MPs are pretty much a variable and often self serving bunch they don’t like adverse publicity. There is a Capstone administered mortgage in every constituency in the land. For each constituency  there are thousands of VICTIMS OF CAPSTONE. We will publish a template letter to write to each MP. You can customise to your own exact circumstances and then each MP can respond as they see fit. Let’s get the utterly vicious vultures CAPSTONE ACENDEN brought to book in 2012.

We have already seen the calibre of the employees. LFC etc…sorry SteveG happy new year compadre…

We already know the culture of the firm and its ‘upper echelons’ – Hi Amany – happy new year to you too… (not really, obviously…)

Now we can test the mettle of those responsible for their governance.

And so we should. We should because Helen is NOT unique. For Capstone Acenden she is the desirable, exploited and bullied norm.

WHAT BETTER REASON TO RAISE THE DECIBELS?

This cannot stand any longer.                                                                                         

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5 Comments for “The filth and the Fury (Part 4)…more consumer abuse – this time of a particularly nasty and brutal nature”

  • Mr Big says:

    The axe is about to fall…

    A number of people are being made redundant next week…

    watch this space…

  • Clutching at straws says:

    Has anybody had the recent letter regarding interest rate setting from these vultures ???
    If so does anybody know what it means ?? And can they explain in laymans terms.

  • Dingle says:

    WELL – FANCY THAT!!

    Whilst I’ve been a keen supporter of this website for some time now and have contributed to the ’cause’ in as many different ways as possible, the only argument I’ve had difficulty in accepting has been the constant view expressed by the prime movers of the website that the reason why the FSA, FOS and Government have solidly refused to take any enforcement action against Capstone/Acenden has been something to do with Pricewaterhouse Cooper. I’ve never really been able to buy totally into this viewpoint BUT I DO NOW!

    According to today’s press, Margaret Cole, former chief enforcer at the FSA and the ONE person who COULD have held Acenden/Capstone to account and singularly failed so to do, has got herself a new job. Guess who she’s got into bed with – allegedly securing a salary of almost £1m a yesr? That’s right – her new employers are Pricewaterhouse Cooper! YOU COULDN’T MAKE IT UP!

    I WHOLEHEARTEDLY APOLOGISE FOR EVER HAVING DOUBTED THE VIEW LONG HELD ON THIS SITE – IF YOU’RE LOOKING FOR A REASON WHY ALL OUR LOBBYING, LETTERS TO MPs, THE FSA, AND THE FOS SEEKING JUSTICE FOR THE THOUSANDS OF VICTIMS OF CAPSTONE/ACENDEN, LOOK NO FURTHER. IT’S ALL DOWN TO THE PwC CONNECTION – NOW WE KNOW FOR SURE.

    • Capstone Action Group says:

      Hi Dingle

      Never doubt for one moment that your support for this cause (and your heartfelt criticism of this site at times) has ever gone unnoticed or been felt badly here. We appreciate your support and all of your constructive criticism.

      It is right to cast doubt upon postings which do not convince you at their own face value. We are absolutely sure of this as an abiding principle

      But we do stand by the original story and thank Private Eye in particular for noticing an unhealthy amount of “schmoozing” between HMRC, the then Tory shadow Treasury team and PwC before the least election. The penny only really dropped when PwC themselves proudly announced that the remnants of the Lehman’s estate would be “freed from the burden of unnecessary regulatory fees” in agreement with the FSA. Taking these two separate items of evidence together was enough to convince us. Now the the gamekeeper Margaret Cole has turned poacher I think the argument that Lehman’s are a protected species is now incontrovertible.

      Hector Sants -GONE

      David Hartnett – GONE

      Jonathan Pain – GONE

      Margaret Cole – GONE.

      Amany Attia – GONE

      100,000 families destroyed and NO-ONE is going to be held to account. It’s not only an outrage. It’s an outrage borne out of greed, corruption and lies. The biggest lie of all being that Hector Sants, in his time at the FSA, was a fearless, courageous and outstanding PUBLIC servant. What utter tosh.


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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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