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  • FIRST POST
    • Siliquaesid
    • By Siliquaesid 28th Mar 15, 11:18 PM
    • 30Posts
    • 4Thanks
    Siliquaesid
    HELP for Ex GMAC RFC now MAS No.5 victims
    • #1
    • 28th Mar 15, 11:18 PM
    HELP for Ex GMAC RFC now MAS No.5 victims 28th Mar 15 at 11:18 PM
    IF you are an ex-GMAC RFC customer who had your "mortgage" sold and you REALLY want to get your own back on the Cooperative Bank and MAS No.5, here's a way how!

    Check your GMAC "terms and Conditions", specifically Clause 5 which states;

    Oh, who give a !!!! what it says, it's NOT LEGALLY ENFORCEABLE! Goto http://www.bailii.org/ew/cases/EWHC/Ch/2014/2117.html then go to section 86.

    Section 1 of the Power of Attorney act affirms that in order for PoA to be enforceable it MUST be executed as a separate Deed.

    GMAC didn't care whether their paperwork was in order or not. They SUPPOSED that as long as they got the charge on your property, then they would win. That was THEN, this is NOW and we know now about how they defrauded and stole from people.

    Now, you need to write to the Land Registry at;

    Land Registry, Rosebrae Court, Woodside Ferry Approach, Birkenhead, Merseyside CH41 6DU

    Use form K9 and DEMAND a "RECTIFICATION" of the register to remove the illegal charge from YOUR property or you WILL hold them liable for them having allowed the (ILLEGAL) application of the charge and state that you intend to seek a damages claim against the LR for ALL losses incurred as a result thereof (the LR already know and admit that they have done a lot of this in the past, but they NEED people to write in and have the records put right as they don't know which are genuine charges, very few I'll wager, and which are bogus. Bear in mind you must provide proof such as the claim of purported PoA in your mortgage "Terms and Conditions".

    Remember, a "lender" can ONLY bring a claim against you for "dispossession" (theft of your property) if the charge is still on the property BUT it is YOUR responsibility, as the property OWNER, to have the incorrect charge removed. Why incorrect? Because GMAC NEVER had LEGAL PoA therefore they NEVER had the legal right to put a charge on your property, regardless as to whether they had a claim or otherwise, again the BOS v. Waugh affirms this.

    Thus when they "sold" your mortgage it went through at least one other company (which was never disclosed or declared its "ownership" of your mortgage) thus GMAC lied to you when they told you it was sold to MAS No.5. They would have sent you a "Notice of Assignment" this SHOULD, in reality, have come from the intermediary but most likely came from GMAC (who assumed you would never find out the TRUTH) thus the transfer of equitable rights was NEVER perfected, NOR was it legally executed correctly thus MAS No.5 NEVER had the rights to demand any funds from you.

    This means that the "assets" which MAS are claiming are worth far less than it's liabilities which are based a load of mortgages with NO ENFORCEABLE SECURITY behind them, but ONLY if YOU act and have the charge rectified (removed).

    What else does this mean? It means that MAS No.5 are trading in bankruptcy (which is illegal) as they should now be in receivership (Let's see how THEY like it).

    Why should YOU be held liable for THEIR greed and fraudulent activities? They should have checked the documentation PRIOR to purchasing these mortgages. It's NOT your fault, but they thought they could make a fast buck and no one would EVER find out!! You CAN argue that you will continue to pay but ONLY if what you have paid them to date is taken off the capital amount (Don't forget the 8% statutory Interest) OR you could just tell them to go paddle a canoe over Niagara Falls and see what happens.

    If you have already had your house STOLEN by MAS No.5 then you need to seek out a good solicitor and show them this, as you NOW have a claim for damages based on the above (A solicitor should be able to make a case from the above and WILL win if he's any good) this may enable you to get your house back and at the same time, push MAS (Group) and it's parent the Cooperative into a much need collapse.

    Apparently, according to Law Debenture, who handled the sales of these "mortgages", out of the seven blocks in the tranche Britannia bought, FIVE are now insolvent this means that the insurance has paid out due to less than 80% of the mortgages remaining active (NOT in DEFAULT). Now you can also bet your life that despite having been PAID IN FULL for the remaining active percentage, that the holder of these is STILL demanding payments from the "borrowers" and THAT my friends is FRAUD plain and simple and on a MASSIVE scale.

    In case your solicitor tells you that the Waugh case is non definitive, tell him that the PUBLISHED version is NOT a true account of the results and that, allegedly, Behrens tried to cover his tracks for making previous void judgements and suppressed the true outcome to try to hide his mistakes. You should seek out the parties involved (make a donation) to get a truer view of the results.

    Show these greedy criminal SCUM no mercy. Report such cases to Action Fraud AND file charges against those involved with your local Police and MAKE SURE YOU CHASE IT REGULARLY FOR PROGRESS.

    Above all remember this; FRAUD VITIATES ANY CONTRACT AB INITIO (from the start)!!!

    GOOD RIDDANCE I say!
    Last edited by Siliquaesid; 28-03-2015 at 11:37 PM.
Page 1
    • Thrugelmir
    • By Thrugelmir 29th Mar 15, 12:13 AM
    • 66,353 Posts
    • 58,410 Thanks
    Thrugelmir
    • #2
    • 29th Mar 15, 12:13 AM
    • #2
    • 29th Mar 15, 12:13 AM
    Section 88.1 - Conclusion

    Did you read it?
    “Risk comes from not knowing what you are doing. – Warren Buffett”
    • antrobus
    • By antrobus 29th Mar 15, 9:04 AM
    • 16,899 Posts
    • 23,894 Thanks
    antrobus
    • #3
    • 29th Mar 15, 9:04 AM
    • #3
    • 29th Mar 15, 9:04 AM
    ....Check your GMAC "terms and Conditions", specifically Clause 5 which states;

    Oh, who give a !!!! what it says, it's NOT LEGALLY ENFORCEABLE! Goto http://www.bailii.org/ew/cases/EWHC/Ch/2014/2117.html then go to section 86.

    Section 1 of the Power of Attorney act affirms that in order for PoA to be enforceable it MUST be executed as a separate Deed.

    ...
    Originally posted by Siliquaesid
    The existence or non-existence of a PoA has no relevance to the validity of a mortgage charge. As this case shows.

    Section 88.1 - Conclusion

    Did you read it?
    Originally posted by Thrugelmir
    Ah yes, but didn't you read the bit in the OP that goes;

    In case your solicitor tells you that the Waugh case is non definitive, tell him that the PUBLISHED version is NOT a true account of the results and that, allegedly, Behrens tried to cover his tracks for making previous void judgements and suppressed the true outcome to try to hide his mistakes. You should seek out the parties involved (make a donation) to get a truer view of the results.

    So, you have a poster citing a source, and then claiming that the source is wrong.

    I believe this is just the usual FMOTL pseudo-legal mumo-jumbo.
  • Rikki_Rocket
    • #4
    • 10th Jul 15, 4:03 PM
    Help
    • #4
    • 10th Jul 15, 4:03 PM
    Is what i am reading about MAS No5 correct?

    what can i do?
    • yogagirl108
    • By yogagirl108 21st Oct 15, 9:36 AM
    • 1 Posts
    • 0 Thanks
    yogagirl108
    • #5
    • 21st Oct 15, 9:36 AM
    Is This Advice Still Applicable?
    • #5
    • 21st Oct 15, 9:36 AM
    Hi I have read your advice regarding MAS No.5. I have a mortgage with them too, sold from GMAC. We have a massive shortfall on on our repayment mortgage due in 2yrs time. I've never felt comfortable when with dealing with them. Makes sense now. Is your advice still applicable? I cant seem to find any further updates.
    Thaks you
    • appi
    • By appi 3rd Jun 19, 11:16 AM
    • 2 Posts
    • 0 Thanks
    appi
    • #6
    • 3rd Jun 19, 11:16 AM
    • #6
    • 3rd Jun 19, 11:16 AM
    Hi did you find anymore updates on Mas No 5
    • appi
    • By appi 3rd Jun 19, 11:18 AM
    • 2 Posts
    • 0 Thanks
    appi
    • #7
    • 3rd Jun 19, 11:18 AM
    • #7
    • 3rd Jun 19, 11:18 AM
    Hi
    Anymore updates with Mas No 5
    As I have a mortgage with them still
    And I was with GMAC as you mentioned .
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