Homeowners for Justice & an end to unlawful Repossessions By UK based bankrupt Lehman Bros Entities
Friday May 24th 2013

About Capstone



AN INTRODUCTION

This is a project borne of bitter experience in an ongoing struggle to see that when it comes to observance of the law, they and the regulators will be held accountable. It Is not the humble borrower who is sub-prime, toxic or delinquent. It is the Third Party Administrator Capstone Mortgage Services who are:

SUB-PRIME in their ‘standards’ of professional diligence

TOXIC in their deleterious effects upon  the nation’s economy and its citizens

DELINQUENT In their failure to observe the various regulatory provisions that bind their conduct.

They conduct themselves in an wholly inappropriate fashion which does not befit their regulated status. They lie, steal, cheat and do irreparable harm to the consumer.

They are fully culpable for a whole host of breaches of regulations and EU originated consumer protection laws. They exercise their conduct wilfully and instruct solicitors to misdirect the courts as well as lie before the courts.

It’s really very simple.

Abuse of markets, abuse of consumers and abuse of the civil process.

THEY ARE UNFIT TO HOLD AUTHORISED STATUS…SHUT THEM DOWN.

SITE 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, & 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.

This is not just our manifesto. It is yours too. Feel free to post up suggestions and they will be considered for inclusion.

FOLLOWING ON…

1. The site Manifesto is a guide to our aims and will help you decide whether this blog is appropriate for you and your circumstances.

2. This site offers a wealth of resources including securitisation prospectuses, regulations and case law. The database is a work in progress and will be added to on a regular basis.

3. We are trying to make navigation around the blog as accessible as possible. Please bear with us. If you are clear about what you are looking for use the search facility first. If not, then ASK.

4. We have changed our policy on offering help and advice in individual cases. We are now willing to offer such help but with a STRICT DISCLAIMER to the effect that your decisions must be your own and you are strongly advised to seek professional legal assistance before making any such decisions.

5. We ask that you contribute and that you do so in a meaningful and constructive fashion. We also ask that you help others. Any abuse or spam will be UNAPPROVED.

6. This site has been created in order to provide a free use resource for consumers of  Lehmans mortgages and loans in the UK. Specifically it was established to publicise the appalling detriment and abuse of consumers perpetrated by CAPSTONE MORTGAGE SERVICES.

If you have any other finance related questions it is strongly recommended that you seek professional guidance in the form of a solicitor (or any other legally  and or financially qualified person) or advice from one of the many forums available, a qualified debt counsellor or the Citizen’s Advice Bureau.

FINALLY…

We are in receipt of many harrowing messages from people whose families have been utterly devastated by the outrageous treatment meted out by CAPSTONE MORTGAGE SERVICES.

We have not chosen the words utter devastation lightly, for that is what you do. You wreck homes and destroy lives.

This cannot and will not stand. That is what this site is for. We will not abide with this abuse. We will not simply tolerate it. We will lend our support. We will fight back. This site will publicise. It will agitate. It will lobby. And it WILL hold them to account.

53 Comments for “About Capstone”

  • Boz says:

    If Goldman Sachs has been indicted for fraudulent activities directed at investors in their mortgage derivative packages, and that the stated aim in the prospectus to those potential investors was that all those mortgages were expected to last no more than five years, is this not perfectly clear evidence that all those mortgages were actually fraudulently sold in the first place to the mortgage borrowers too ?

    The borrowers usually signed contracts for twenty or twenty five years- expecting to be able to hold that mortgage for that period if they so wished. Not all of them wished or expected to re-mortgage within a couple of years, and even it they did, they knew, and the lenders knew, that re-mortgaging was very likely to be difficult or impossible for many or even most of those borrowers.

    All the banks collude, using the carefully crafted credit agencies which they set up and control to hold in common as a means of colluding with each other to deliberately push more and more people into sub-prime or higher rate, higher profit borrowing.

    Their concepts of describing people as potential bad risks for borrowing on the basis of a low credit record are an utter fiction.

    Many, if not most of the things that give people bad credit records are ludicrous and absolutely nothing to do with whether a person is reliable and a good credit risk etc.

    The banks are simply liars and thieves who use a constructive fraud to milk anyone who has anything to do with the dishonest, immoral crooks.

    If any individual set up a small business that behaved in the same way as banks did and did exactly the same things as the banks do, that person running that business would soon be in prison for fraud.

    So, I think we should aim to get the banks prosecuted. It can be done.

  • Capstone Mortgage Services says:

    Hi Boz

    I couldn’t agree more. It is a FIRST RATE SCANDAL that this kind of activity can take place in the first instance, let alone be tacitly encouraged by the very institutions charged with regulating the market and the very institutions charged with protecting the consumer and enforcing the law.

    It is absolutely shocking.

  • Boz says:

    I lost the plot a bit with my previous post because my main point was:

    – if Goldman Sachs has been indicted for fraud for fraudulent selling of their mortgage products to investors, simple logic dictates that the individual mortgages sold to mortgage borrowers were also fraudulently sold as part of the greater fraud of which the first part only was to be able to fraudulently con people into having sub-prime mortgages which were expressly intended to be used as investor bait in a fraudulently sold investment.

    The entire scam was a deliberate fraud from the beginning with individual borrowers being victims, as well as large investors who were fraudulently persuaded by Goldman Sachs to buy huge numbers of these mortgages as an investment package because those investors were told by Goldman Sachs all the mortgages in those packages would be terminated and paid back within a year or two.

    How was this to happen, except that Goldman Sachs must have had the obvious intention and expectation that the hapless mortgage borrowers would be re-possessed and evicted from their home in vast numbers within just a short time of buying their homes with these rapacious mortgages.

    What clearer evidence of fraud and theft on an epic scale is needed ?

    Goldman Sachs and the rest of the sub-prime mortgage thieves should also be indicted for perpetrating fraud against the individual home owners they have been comprehensively fleecing.

    Any unfortunate victims of these criminals who set up the whole sub-prime mortgage market as a means of extorting obscene amounts of money from homeowners should be compensated for the fraud directed at them.

    Why isn’t the Government doing something about it ?

    Why is the American Government only interested in taking legal action against Goldman Sachs for their selling of fraudulent investments to large financial institutions and is doing absolutely nothing about the millions of individuals who had the bad luck to be conned or forced into taking out a sub-prime mortgaged which often led swiftly to eviction from their homes and complete loss of any savings they used to buy a home for their families.

  • Capstone Mortgage Services says:

    HI Boz

    I beg to differ. I don’t think you have lost the plot. If you want to know who lost the plot try the FSA , the OFT, the courts and HMG.

    They really DID lose the plot and whilst the investors might be bailed out the poor bloody consumer is going to pay (has done already in many cases) for all this. What a mess. What a stitch up. I get messages from people on the brink of suicide with all this. And still the FSA does nothing.

  • ryde says:

    THE ONLY PEOPLE WHO PROFITED OR ARE PROFITING FROM THE RECESSION ARE THE PEOPLE WHO ACTUALLY CAUSED IT……………THE BANKS…DON’T THEIR OBSCENE PROFITS AND BONUSES SPEAK FOR THEMSELVES?….

  • Capstone Mortgage Services says:

    Please feel free to comment on the revised “about” page, specifically some of the aims and basic rules. The administrators are open to ideas for change and development.

    Please also post up any first hand experience you may have of their misconduct.

  • Blake Parsifal says:

    I have tried to access that very helpful site from Shaun Parker, but there is no longer any link. Has anyone else had a similar experience, or is there a reason?

  • Capstone Mortgage Services says:

    Hi Blake

    Here’s a link to Shaun Parkers excellently titled CAPSTONE MORTGAGE SERVICES-DISCRACEFUL-RIP OFF

    HAPPY SURFING OVER THERE. DON’T FORGET US THOUGH.

  • john says:

    hi im with this company and im beind on my mortgage payments after a spell unemployed i asked for a claim form for my protection insurance only to be told i didnt have protection so i couldnt pay my mortgage and ended up being £3000 in arrears so i setup a repayment plan paying an extra £150
    but the charge me £115 a month for being in arrears so i am in a no win situation can anyone help please

  • john says:

    also i know i took protection payment out

  • Capstone Mortgage Services says:

    Hi John

    This is pretty much par for the course with this shameless bunch of outlaws. However you are not in a no-win situation. They just like you to think that you are. Your situation provides fertile grounds for challenge and restitution.

    Can I ask how much paperwork you have intact from your original dealings with this desperado outfit of squeezy merchants?

    You may need to issue a subject access request and we can help you with that if you are not sure of the form on how to do this. It’s basically the first step on the long road back to regaining control in your dealings with the reviled Capstone.

    It would not surprise me in the least that you had PPI with them and they are now denying that is the case. They are hardly known for their ability to tell the truth or even anything closely resembling it. Good faith and Capstone are not even very distant cousins.

    You should very definitely sign up for email alerts so that you are notified when comments are made or new posts are made.

    No doubt we’ll liaise again soon. We will do everything we can to help you. See the links at the very top (e.g getting your money back); these are not populated yet but very soon will be.

    Kind regards CMS.

  • Capstone Mortgage Services says:

    Take one look at the name…

    This poster has posted using at least THREE different user names and has even masqueraded as a senior representative of Capstone Mortgage Services.

    In translation it actually means this poster has a personal vendetta against this site.

    After all what could possibly be wrong with seeking preliminary FREE advice and then testing that advice with a qualified legal representative?

    No-one is advising you to place your home, family and future at any FURTHER RISK THAN IT ALREADY IS on account of this site..

    I for one would hang my head in shame for being part of a site that did that.

    If THE LORD would like to take a closer examination of ALL the posts here he will find, that people have been referred to the CAG, which incidentally carries the same disclaimer all over the place. I don’t suppose you have posted the same criticism on CAG though have you?

    This poster advises that you put your head between your knees, pray to him and then kiss your butt goodbye. Or is there a better more CONSTRUCTIVE WAY of stopping these utter cheats stealing your home that the LORD JESUS CHRIST KNOWS OF IN HIS DIVINITY?

    Artless, witless, worthless.

  • ryde says:

    “We have changed our policy on offering help and advice in individual cases. We are now willing to offer such help but with a STRICT DISCLAIMER to the effect that your decisions must be your own and you are strongly advised to seek professional legal assistance before making any such decisions.”
    Love this warning and it should be heeded strongly.
    In translation it means;
    We the Fullofshit shall tell all the wrong information we have and then when you get to court and lose your house, you can’t blame us;
    quote TLJC + IDENTITIES TOO NUMEROUS TO BORE YOU WITH.

    TLJC having never made a single contribution on (CAG EASILY VERIFIED BY SEARCHING FOR ALL POSTS BY NAPIERNUTS )to assisting anyone prevent eviction now tries to belittle the efforts of those who have.I stand by my track record on CAG .
    CHECK MY NAME IT IS THE SAME ON BOTH SITES
    THE CURRENT SCORE IN ASSISTING VICTIMS IS I BELIEVE 5 TO US NIL TO THEM,THIS WAS WITH THE AID OF OTHERS WHO DESERVE THE SAME IF NOT MORE CREDIT BUT I BELIEVE AND THINK WE ALL MADE A SUBSTANTIAL CONTRIBUTION AND DEVOTED A GREAT DEAL OF OUR TIME.I AM NOT CURRENTLY POSTING ON CAG AS I THINK FAR MORE CAN BE ACHIEVED HERE AND THAT THIS SITE DESERVES MORE INPUT AND EFFORT.

    “HOW DO YOU LIKE THEM ONIONS”
    GAME OVER….

  • littledotty27 says:

    Obviously we must be hitting a raw nerve,!! as we are discovering the truth & they don’t like it. Does TLJC/Mary/Poppins/Tony Marek work for Capstone? Their asses much be twitching! :0

  • Blake Parsifal says:

    I note that Capstone seems about to be sold (Phoenix takeover perhaps?). Our new coalition has done nothing, despite Vince Cable and other MP’s being said to have a close interest in their affairs.

    Perhaps our new PM aught to tub thump and start to use phrases like ‘Capstone the subsidiary of an AMERICAN company has caused devastation to British people’. After all Obama is having a go currently at a major British company when it affects their national interest.

  • Capstone Mortgage Services says:

    COMMENT FROM Andy

    MOVED TO TRASH AS IT REVEALED HIS IDENTITY. Here it is in full. Apologies. Andy try not to use your real name when posting. The scum trawl this site.

    here’s your post…

    Dear All,

    I think I am in the slightly unusual situation where my two concerns regarding Capstone Mortgages is: a) That they owe me some money (not much but about £150), and b) even though my loan is mow finished they have failed to remove the charge that they had on my property which is registered through the Land Registry. So what: Well I want my money back and because I had been promised that it would be refunded automatically within 7 working days of my call to Customer Services and 2 months has elapsed since then I want to charge them interest at the same rate that they were charging me – namely 4.75%. Am I allowed to do this? thats question one.

    Second question relates to the charge. Following their (CM) inability to act on their own word I do not believe that I can just accept that they have removed the ‘charge’ on my property on their say so. I wish to insist that they pay for a Land Registry Report, that will prove that the charge has been removed. So – am I within my rights to insist that they do this?

    Any help you can give me on this is much appreciated.

  • Capstone Mortgage Services says:

    Andy if you get the charges refunded you can normally ask for 8% from the day the levied the charges. Check out the charges refunds section first though.

    On your second question just make a complaint to the relevant land registry office. Ryde has a great deal of experience on LR issues. I’m sure he’ll be able to advise more closely.

  • ryde says:

    Andy if you want to find out if the charge has been removed simply ring the land registry and ask, if you know the title number of your property.You can do it online for £4 but you will have to create an account(simple) see this link here:
    http://www.landregistry.gov.uk/www/wps/portal/!ut/p/c1/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gfN1MTQwt381BD_2A3A08LT2cL49AwIwN_Y6B8JG55dyNKdBsYEqPbAAdwNCCgOxzkV
    if link doesn’t work google land registry search find a property.
    Any problems post here.

  • obi says:

    hello all,
    I have a problem with LMC and Capstone and i wanted to know how many others have the same problem. I found out whilst negotiating to get my property back during it being repossessed, that my pecentage points above base had gone up by 1%. When i queried this,i was told that my mortgage account had been increased by a 1 per cent penalty as i may have rented out my property at some stage. I was incensed as i had never rented out the property. Further more, to add insult to injury this has been going on since sept 2006!I was never told about this or given a chance to refute any such allegation. Is this common? I cant believe that they can do this and get away with it without telling me in advance. this is theft , in my opinion and i want my money back with interest and my new payments to be adjusted. any able solicitors in the house?

  • THE Mad Hatter says:

    ..obi, which ‘lender’ is your mortgage with, as LMC(London Mortgage Company), is a trading style name of SPML/SPPL/PML..

    which won is it specifically with?, and as you know Capstone(Acenden), are only a servicer of SPML/SPPL/PML. You’re right they are thieves, and have deliberately caused you incur arrears no doubt.

    if you can answer, someone will be along to help later.

    TMH

  • ryde says:

    obi,sounds like you’ve posted a new scum trick here,if you had rented out your property at some time the simple evidence would be council tax records and/or utility bills in someone elses name.Either claim via a court(expensive and difficult)or better still an FOS complaint,they cannot possibly prove you rented out so it should be a foregone conclusion and a dead simple claim.

  • obi says:

    The mortgage was originally with London mortgage company. It was then taken over after Lehmans demise, by Security Pacific.
    Is FOS reference to the Ombudsman?

  • ryde says:

    obi’ its the same as littledotty27 its southern pacific mortgages limited trading as london mortgage company.Yes reference is the Ombudsman.

  • Andymids says:

    sorry , I thought you had to give your real name ive resubmiited without.
    This is the first time ive used this site and thought Id see if anyone can help.
    I had a mortgage with Southern Pacific Mortgage Company in March 2006 as I bought my council house from the local authority. Due to financial difficulties I voluntarily surrendered the keys back in July 2008.
    I have received letters from Direct Legal and now from Scotcall debt collectors. The truth is I can’t see any way of repaying the £38.000 shortfall back to them. I am also being pursued by DMS capitol recoveries for a loan I had secured on the property for £17470.
    I am on a debt management plan with Thornton Sheppard Associates, they have advised me to add this debt will involve me paying another £100 pcm to have it included. Even if I did this I would never be free of this debt as I’m 45. I don’t want to declare myself as bankrupt , I don’t really have any assets a[part from my car which is worth a £1000 and I rent my house off a private landlord.
    If there is any advice or help I would be most grateful. Kind regards .

  • littledotty27 says:

    Welcome aboard Andy & glad you took my advice to come & join.
    Someone will be along shortly to advice you.

  • Capstone Mortgage Services says:

    Andy

    please take care. NEVER PUT YOUR REAL NAME IN THE DIALOGUE BOX, Unless you are happy for your name to appear. Also NEVER use your real email address. Just make one up. It will always accept it.

    For example name: JOHN

    email. JOHN@JOHN. NET

    this would get through….

    I’ve been exhausted by numerous activities on the site today and have another busy day tomorrow. I can’t therefore offer you any meaningful advice now. However either someone tonight or myself and others will be posting on this appalling example of the scum’s real operation.

    THEY ARE TRULY BEYOND REDEMPTION AND IT MAKES YOU WONDER WHO ELSE IS BEING STIFFED. IF THE CONSUMER HAS NO GOOD REASON TO TRUST THEM….WHO ELSE SHOULD BE CONCERNED?

  • ryde says:

    Andy please believe me bankruptcy is by far your best and easiest course of action.Peeps are frightened to death of the stigma and horror stories of bailiffs etc.this is simply totally unfounded.
    You have no assets except a car which if essential for your work and being worth little you can probably keep anyway,you will do one year under the enterprise act as a bankrupt and be free of that lifetime noose around your neck,its honestly so easy today.You can then start again free of all worry.You’re 55k in debt,you’ll never get rid of it,its like having a mortgage on no home,students are going bankrupt today to get rid of student loans.I have personal experience of people who took this step,were free,started again and never looked back again and then it was 3 years,now the process is so much easier and only a year or less.There is honestly nothing whatsoever to fear and your life will not be altered you should in fact be better off.PLEASE ,PLEASE CONSIDER THIS COURSE OTHERWISE YOU ARE TRAPPED FOR LIFE.

  • tigerphil says:

    HI Guys-
    Due to our business collapsing my wife and I went bankrupt in April 2009. Since then life has been a continual struggle to try and make payments so that we can keep our home. We have no value in our home as it was mortgaged to the hilt in order to try and keep our business going.
    However we have had problems with CM. We have been late on several occasions and we have had £85 “Arears Managements Fees” added to our account (to which we are also being charged interest on the arrears of over £3 per month!).
    I have so far refused to pay the arrears fees- stating on numerous occasions that they are extortionately high. I have even been in discussion with their solicitors (Glenisters) who are claiming their fees are perfectly legal.
    I have been on this website previously and I have tried to use some of the information on the site – but they are claiming its wrong! They are stating that SPPL is “entirely separate entity” to Lehman Brothers. I also used your case example of GMAC-RFC and Kensington with regards the charges- they are stating these are
    completely separate and have no bearing.
    We now have over £600 in charges and they have started repossession proceedings as we also have 2 months arrears outstanding.
    They have sent us a statement of our accounts and have even charged us twice in 1 month for “arrears management”.
    We have repossession proceedings on the 24th November and would like some assistance. I will be making a payment before the proceedings to get our outstanding payments up to date- but the fees keep stacking up. I have previously contact the FSA- who were useless. I always find consumer groups to be much more helpful.
    Thanks
    Phil

  • Capstone Action Group says:

    Phil Have you filed a defence yet…?

    If not see this section here…

    http://capstoneactiongroup.co.uk/in-court/claims-and-counterclaims/

    If you have already filed your defence seek the permission of the court to amend the defence to include a counterclaim

    Hopefully other will be along soon to offer more in the way of assistance…

    SPPL are slippery though – most of their agreements are what they like to call “unregulated” i.e. over 25k and predating 2007.

  • tigerphil says:

    not filed as only got the papers this morning. Only got notification from their solicitors- not had anything through from the courts yet!

  • Capstone Action Group says:

    Hi Phil

    OK, understood..

    Get onto the solicitors (which one is it?) and tell them you’ll be counterclaiming. Leave it at that. I take it you’ve only fallen into arrears recently?

    In the meantime have a good read through this:

    http://capstoneactiongroup.co.uk/in-court/winning-in-court/

    …and then read through the counterclaim section in my earlier post above. Then get back to us.

    Kind regards CAG.

  • tigerphil says:

    Glenisters solicitors- who are claiming all kinds of nonsense. The last 6 payments have been late- 3 have been paid- we still owe the other payments- but are due to pay them off by the end of next week. But it still leaves us with nearly 900 in arrears- all charges.

  • tigerphil says:

    Have just been spoken to a mate who is a Financial Advisor- he reckons that they will get kicked out of court- a repo order for £1500 is unlikely when I have other mortgages worth a lot more! Espescially when my house is in negative equity.
    Just one other thing- is SPPL a subsiduary of Lehman Brothers (or was it?)

  • ryde says:

    tp
    sppl alongside all the others in the group were wholly owned subsidiaries of lehmans .
    You either have to make a counterclaim to reclaim charges or get going as soon as possible a complaint to the Financial Services Ombudsman see top menu charges refunds,
    This could well prevent any proceedings if you act very quickly,inform their solicitors of what you are doing and why and start it off straight away.There is nothing to stop you doing both.The FOS is a MUST.

  • Stephen says:

    I would like to know if the Inland Revenue are aware of Ascendens ******* practices.

  • obi says:

    I all,
    I wrote in in August 2010 to see if others had been accused of renting out their property and then being penalised via interest rate rise. i have put matter to fos but its very slow and i am beginning to lose faith in power of fosto properly resolve the full complaints. i am would like to know if anybody has had a similar experience or and if they can recommend a competent and aggressive solicitor.

  • TigerPhil says:

    I have still got my complaint with the FOS outstanding from July last year. I have since been contacted by the FOS (after getting my MP involved in this case) and have slowly found out that Capstone are playing silly buggers. They have played semantics in claiming that my case is against SPPL rather than SPML. They also state that the FOS have no jurisdiction over a big part of my claim as it has been ruled on by the courts- depsite my arguements that it should never have got to a court situation.
    I also got the FSA involved- but they have come back and stated because it is a 2nd mortgage on my property the FSA have no regulatory authority over them- yes that’s right the FINANCIAL SERVICES AUTHORITY have stated they have no jurisdiction over a FINANCIAL SERVICE!!!! WTF is going on?????
    I have been passed on by the FSA to the OFT (lots of inititals but no clue!). The whole situation is a complete joke. How can the FSA, who give them their license, not be allowed to regulate those that they give licenses to?? Ridiculous!
    I have asked for a clarification on it all. But I reckon that they dont really care!
    The FOS guy seems very sympathetic and is doing his best- but Capstone (or Acenden) are doing their very best to take the piss.

  • judy says:

    I have 4 seperate mortgages with Capstone.
    In january of last year , when the mortgage rate changed they failed to transfer all the requests for payment. Consequently one was not requested. Due to their strange coding which bears no respenblance to the mortgage account number it was some time before the error was discovered. When I queried it with my ank I was told that it had not been requested. All the time their was money in my account to cover the costs.
    They meanwhile stacked up the charges for late payment etc.
    In the summer I changed my bank account. For some reason, instinct?, I sent 2 seperate letters each with the new bank account number and each letter had different mortgage accounts on them. They only activated one letter’s details.
    My husband died recently and I am afraid to tell them in case they activate some little known clause in the small print.
    I have had to defend 2 repossession orders, one of which came back stating that my husband had been there in person (Ghosts?. I have now been told that one property has been repossessed but so far I cannot find any details of a court action.

  • ryde says:

    FROM SITE EMAIL MAY BE WORTH CONTACTING HER
    ALL PUBLICITY IS BAD PUBLICITY FOR OUR HELPING CARING F(R)IENDS IF THE TRUTHS TOLD
    HOWS THE SONG GO?
    SO BAD THEY HAD TO NAME IT TWICE?

    Hello there

    A journalist colleague suggested I get in touch with you as I’m looking to talk to people who’ve been, or are being repossessed for a potential magazine feature. Wondered if you’d be able to help?

    The piece would take the angle that while the ‘official’ repossession figures may be down there’s still over 30,000 people every year who lose their homes……

    The piece I’m looking to do would be for a women’s magazine and feature women who are either in the process of finding their home being repossessed or have experienced it and can talk about the long term effects. Naturally with a feature like this we would need to identify and photograph the people concerned.

    Is this something you may be able to help with? If so please let me know and I can give you more details as to the kind of people I’m looking for or please feel free to give me a call.

    Many thanks Sue

    Sue Hayward
    Money, Consumer & Property Broadcaster
    Journalist & Author
    01582 883416/07711 614805
    http://www.suehaywardmedia.com
    http://www.twitter.com/suehaywardmedia

  • Blake Parsifal says:

    Is there a super injunction out on reporting this? I had an approach by a journalist. It all went ahead with gusto, and then was I told that the article had been scrapped. It was such a disappointment.

  • peter says:

    Could well be Blake,never thought of that,perhaps we should use twitter etc to spread it over the internet and find out as its currently hot news.that may not be as daft as it sounds as the Mail suddenly wrapped up reporting instead of taking their articles to the logical conclusion by roasting the FSA in the light of woeful non regulation despite lesser offenders being fined.
    The silence is and has indeed been deafening.No one has been so thoroughly exposed and yet received so little attention from the powers that be.

  • Marge says:

    I too are having problems with Acenden/Capstone/SPMLCompanies. In janaury 2006 I took out a loan with SPML and I suffered a stroke in December 2006 and was in hospital for 2 months, during that time my son informed them of my situation but they took no notice. I am paying £3oo a month and they keep on adding various charges.

  • Marge says:

    There must be something we the public can do to make a stand. We need to organize a peaceful march to parliment and get the goverment to listen to some of the problems we are encourting with these B……S. These white collar thieves are distorying other people’s lives and are getting away with it.

  • Capstone Action Group says:

    If only…

    It is impossible. We organised a number 10 petition. 24 people signed it. In any case the politicians are now in the bankers pockets. That’s how badly wrong our democracy has gone. It was never a perfect democracy because it couldn’t be perfected in any case but now when you see that the people are feed celebrity BS, the media breach criminal law, the politicians fiddle their expenses and the police accept corrupt payments from the media, what kind of democracy are actually living in? And the court will always uphold the interests of the rich. There is no get out clause. There is no justice. And things are only going to get worse. The greedy boat has arrived. It is armed powerful and very hungry. It has virtous institutions already corrupted to the core. There is nothing to stand against it that can or could succeed. We are possibly the last people left who can prevent this onslaught of greed corruption and avarice gaining further traction. But I am now though once an optimist, through experience a pessimist. The bastards will have their day in the sunshine and we, the rest of us, should be better advised to hang on tight for a grim bloody life.

  • Blake Parsifal says:

    Have just had a converstion to the effect that the media have renewed their interest in this, following a successful case in the courts against the people we love.
    Does anyone have any knowledge of this?

  • sue says:

    Have just sold my property We had a loan with Acenden which we took out in 2009 for 21k I checked the final settlement figure it came in at 21,850.00 so we have paid for the privaliage of the loan 39k I feel the interest is an absolute joke and feel ripped off no wonder people are suffering for other persons greed.

  • Sappho says:

    The journo who contacted me said there had been two cases:- one where the FSO ruled that £115 litigation fee was unreasonable and imposed a limit of £50 so she got half her charges back; and another this week where all charges were refunded and a compensation payment made. Seems to be a sea change in FSO.


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Mortgage Conduct of Business Rules

MCOB 13: Arrears and repossessions is of particular importance in the context of mortgage litigation:

13.1 Application

Who does it apply to?

Mortgage lenders and mortgage administrators (and firms that were mortgage lenders or mortgage administrators before the sale of a repossessed property took place).

13.2 Purpose

What does it do?

It applies the provisions of MCOB 13 with respect to administering a regulated mortgage contract, and administering a mortgage shortfall debt

It amplifies MCOB 6 (duty to treat customers fairly) in respect of the information and service provided to customers who have payment difficulties or face a mortgage shortfall debt

13.3 Dealing fairly with customers in arrears: policy and procedures

(1) A firm must deal fairly with any customer who:

is in arrears on a regulated mortgage contract; or

has a mortgage shortfall debt

(2) A firm must put in place, and operate in accordance with, a written policy (agreed by its respective governing body) and procedures for complying with (1).

13.3.2 Policy and procedures: content

A firm should ensure that its written policy and procedures include:

(a) using reasonable efforts to reach an agreement with a customer over the method of repaying any payment shortfall or mortgage shortfall debt, in the case of the former having regard to the desirability of agreeing with the customer an alternative to taking possession of the property;

(b) liaising, if the customer makes arrangements for this, with a third party source of advice regarding the payment shortfall or mortgage shortfall debt;

(c) adopting a reasonable approach to the time over which the payment shortfall or mortgage shortfall debt should be repaid, having particular regard to the need to establish, where feasible, a payment plan which is practical in terms of the circumstances of the customer;

(d) granting, unless it has good reason not to do so, a customer's request for a change to:

(i) the date on which the payment is due (providing it is within the same payment period); or

(ii) the method by which payment is made;

and giving the customer a written explanation of its reasons if it refuses the request;

(e) giving consideration, where no reasonable payment arrangement can be made, to the customer being allowed to remain in possession to effect a sale; and

(f) repossessing the property only where all other reasonable attempts to resolve the position have failed.

13.3.9 Record keeping: arrears and repossessions

(1) A firm must make and retain an adequate record of its dealings with a customer whose account is in arrears or who has a mortgage shortfall debt, which will enable the firm to show its compliance with MCOB 13.4 (Arrears: provision of information to the customer), MCOB 13.5 (Dealing with a customer in arrears or with a mortgage shortfall debt) and MCOB 13.6 (Repossessions).

(2) A firm must retain the record required by (1) for a year from the date on which the relevant payment shortfall or mortgage shortfall debt was cleared.

13.4 Arrears: provision of information to the customer

If a customer falls into arrears on a regulated mortgage contract, a firm must as soon as possible, and in any event within 15 business days of becoming aware of that fact, provide the customer with the following in a durable medium:

(1) the current FSA information sheet on mortgage arrears;

(2) a list of the due payments either missed or only paid in part;

(3) the total sum of the payment shortfall;

(4) the charges incurred as a result of the payment shortfall;

(5) the total outstanding debt, excluding charges that may be added on redemption; and

(6) an indication of the nature (and where possible the level) of charges the customer is likely to incur unless the payment shortfall is cleared.

13.4.4 Customers in arrears within the past 12 months

If a customer's account has previously fallen into arrears within the past 12 months (and at that time the customer received the disclosure required by MCOB 13.4.1 R), the arrears have been cleared and the customer's account falls into arrears on a subsequent occasion a firm must either:

(1) issue a further disclosure in compliance with MCOB 13.4.1 R; or

(2) provide a statement, in a durable medium, of the payments due, the actual payment shortfall, any charges incurred and the total outstanding debt excluding any charges that may be added on redemption, together with information as to the consequences, including repossession, if the payment shortfall is not cleared.

13.4.5 Steps required before action for repossession

Before commencing action for repossession, a firm must:

(1) provide a written update of the information required by MCOB 13.4.1 R(2), (3), (4), (5) and (6);

(2) ensure that the customer is informed of the need to contact the local authority to establish whether the customer is eligible for local authority housing after his property is repossessed; and

(3) clearly state the action that will be taken with regard to repossession.

13.5 Dealing with a customer in arrears or with a mortgage shortfall debt

13.5.1 Statement of charges

Where an account is in arrears, and the payment shortfall or mortgage shortfall debt is attracting charges, a firm must provide the customer with a regular written statement (at least once a quarter) of the payments due, the actual payment shortfall, the charges incurred and the debt.

13.5.3 Pressure on customers

A firm must not put pressure on a customer through excessive telephone calls or correspondence, or by contact at an unreasonable hour.

13.6 Repossession

A firm must ensure that, whenever a property is repossessed (whether voluntarily or through legal action) and it administers the regulated mortgage contract in respect of that property, steps are taken to:

(1) market the property for sale as soon as possible; and

(2) obtain the best price that might reasonably be paid, taking account of factors such as market conditions as well as the continuing increase in the amount owed by the customer under the regulated mortgage contract.

13.6.3 If the proceeds of sale are less than the debt

(1) A firm must ensure that, as soon as possible after the sale of a repossessed property, if the proceeds of sale are less than the amount of the customer's debt, the customer is informed in a durable medium of:

(a) the mortgage shortfall debt; and

(b) where relevant, the fact that the mortgage shortfall debt may be pursued by another company (for example, a mortgage indemnity insurer).

(2) If the decision is made to recover the mortgage shortfall debt, the firm must ensure that the customer is notified of this intention.

The notification referred to in (1) must take place within five years of the date of the sale (if the regulated mortgage contract is subject to Scottish law) or within six years (in all other cases).

13.6.6 If the proceeds of sale are more than the debt

A firm must ensure that, on the sale of a repossessed property, if the proceeds of sale are more than the amount of the customer's debt, reasonable steps are taken, as soon as possible after the sale, to inform the customer in a durable medium of the surplus and, subject to the rights of any subsequent mortgage or charge holders, to pay it to him.

Latest Topics

Sympathy for the Devil…

Dear reader, have a look at this…unbelievable, sanctimonious and self indulgent in the extreme post recieved [Read More]

Gimme some truth part two…

The Filth Capstone Acenden have a lot to explain. They have a lot to account for. And they have so, so much more to [Read More]

OK. We’re back!

2012 has been a difficult year for all of us involved here – there’s no doubt about that. It’s been [Read More]

Gimme some truth…Part One

If you keep pressing long enough the truth will come out. And it’s important to remember that.  WHY?..Because it [Read More]

For Amany and Hector… we hope you don’t sleep too still

For Amany and Hector… we hope you don’t sleep too still

Pity Margaret ‘PwC” Cole, didn’t get a mention here. She’s now off to the ‘Dark [Read More]

Now…where were we..?

OH YES! The filthy and disgusting practices of the LIBOR fixing complicit Acenden. That’s where we were! We have [Read More]

A plea for caution, patience and restraint…

Users need to tread carefully when asking for information from other users. I am VERY disturbed by certain recent and [Read More]

Fair comment on an unfair bunch of outlaws…and still the regulator fails to regulate

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Unfit for Trading Purposes

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100,000 hits

Having now gone over 55,000 hits on this incarnation of the Capstone Action Group site, 38,000 on the one they gagged [Read More]

Recent Comments

Pink said

It's a price worth paying!..and cheap at that! It's better that 300 people lose their jobs than hundreds of thousands Read the post

rukushu.pl said

Incase you write APPLE' then you may want to draw an apple beside the term. Kid friendly possess a appetizers should Read the post

Capstone Action Group said

Mmm ... I'm struggling to think why the filthy capstone / Acenden would be engaging in these despicable practices. Read the post

Sappho said

Have just logged onto the website to pay the monthly bill which should have been for May 1st but I have an arrangement Read the post

Sales presentation said

We're a group of volunteers and opening a new scheme in our community. Your website provided us with valuable info to Read the post

di marshall said

Ira, you should try and put yourself in the position of your whingeing customers you have quite clearly stereotyped and Read the post

Capstone Action Group said

Hi. I can't recall giving any advice on the FOI Act in relation to Acenden. This is because the Act only applies to Read the post

PAUL said

Don’t get angry get even. Reading your site, you are understandably very angry with ascenden. My issues with this Read the post

SB said

How do I go about making this happen and putting my complaint forward? they have caused me nothing but misery and Read the post

KPEDITkik said

Чистый кредит:8(495)769-53-05 Игорь (Москва) Read the post

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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