Illusion of fact?

by Readers Question

10:00 AM, 20th November 2020
About 2 weeks ago

Illusion of fact?

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Illusion of fact?

Can anybody define the precise meaning of these two words: Revised Payment & Capitalisation?

I know the answer, but judges don’t and interestingly the Banks know it?

I fought a case of wrongful repossession and lost. It was based on “we’re my arrears capitalised” the judge said your payments were Revised.

I note now through Covid this word “revised” is used once a payment holiday has come to end this issue would make the West Brom case minuscule if people could understand how the kidologies are used.

I wasn’t allowed a trial and no wonder banks use “strike out” to prevent you making headline news.

So when payments can be missed by agreement (payment holiday) the new amount is called revised by Lenders, so my question is simply what is the difference in meaning between Revised Payment & Capitalisation, because a judge told me my arrears were Revised not Capitalised.

However, the arrears were added 6 months before the repossession took place, so in brief, arrears were added, but those same figures were utilised again six months later when they did not exist.

The reason this was used was to bring liquidity back to failing banks and building societies circa 2008, but they had a problem the majority of the thousands of repossession had already had a capitalisation event so they would set up “strike out” to stop it becoming common knowledge. Andrew Bailey was well are of this and so was Lord Justice Munby.

Peter


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peter cookson

11:55 AM, 20th November 2020
About 2 weeks ago

Apologies I have missed out that my mortgages were “interest only” so if unpaid interest is indeed arrears and those arrears are added Judge Salmon and Lord Justice Soole stated “your payments were revised “ has shown in your particulars of claim they were not Capitalised.

The legal profession knows exactly the game being played , I then went to the Supreme Court and they through it out and told me never to bring this up again.

My Solicitor awarded me a paralegal certificate for the work I did and concluded along with the odd “ silk” my success would be more costly than PPI.
My only regret was my barrister kept is “ powder dry” and did not produce the Expert Witness report it was left for a trial.

However a private prosecution may be my next step because I believe “ perjury” is very prominent in my case and does not come under a time line.

Chris Harris

14:34 PM, 20th November 2020
About 2 weeks ago

Having read both your post and your comment, I have no idea what you are trying say.

Please have another go as the subject sounds interesting.

Grumpy Doug

15:46 PM, 20th November 2020
About 2 weeks ago

Reply to the comment left by Chris Harris at 20/11/2020 - 14:34
I was thinking just the same!

Rennie

16:47 PM, 20th November 2020
About 2 weeks ago

Yes, please help us to understand. What is a "strike out"?

peter cookson

17:04 PM, 20th November 2020
About 2 weeks ago

When a Lender receives Court papers on a litigation Case by a borrower they examine the paperwork to access the possible damage it could cause , in my case it was a done deal my evidence was with merit.

I paid £10,000 to the Courts for a trial however we /my legal team received documentation that an application to strike the case out was also being prepared on behalf of the Lender.

It is known as “ strike out” if they succeed at the hearing you are stopped right at that point from proceeding with your case.

The sad thing is it is a prevention of justice in common law not many people know this exists.

peter cookson

17:10 PM, 20th November 2020
About 2 weeks ago

I appreciate many people want to know more about the case but my question is being avoided

Define Revised Payment ( in banking)
Define Capitalisation. ( In banking )

Chris Harris

17:17 PM, 20th November 2020
About 2 weeks ago

Interested in your original enquiry

"Revised Payment & Capitalisation?"

As for any application to strike out :

See https://hallellis.co.uk/strike-out-applications/

In Summary:

Grounds for Strike outs
There are several:
no reasonable grounds to bring a claim: the case would not (if proved) make out any legally recognised cause of action
abuse of process: The process of the court has been used for a collateral purpose or ulterior motive of a litigant
failure to comply with a rule or order: A party has ignored orders of the court, such as case management directions, disclosure, serving witness statements, or pre-trial directions made at a Pre Trial Review
Courts also have an inherent jurisdiction to control proceedings which come before it. It’s rare, but that might include striking out a claim or defence which does disclosure reasonable grounds to bring a claim altogether.
Each of the grounds has its own nuances. They're based on different types of failings by a party.

Chris Harris

17:18 PM, 20th November 2020
About 2 weeks ago

Reply to the comment left by peter cookson at 20/11/2020 - 17:10
Maybe struck out for lack on manners?

e.g please , thank you 🙂

peter cookson

17:54 PM, 20th November 2020
About 2 weeks ago

This proves my point to my original posting

Many people here are well educated and yet nobody can answer the simple questions (below) why ?

Define The words Revised Payment ( in banking )
Define the word Capitalisation (in banking)

This is key it is a “Pandora’s Box” nobody can answer something so simple but does an answer exist or Crucially is this the anomaly that is used time and time again to prevent justice.

I repeat

The Judge in my case stated “ your arrears were Revised NOT Capitalised .

Chris Harris

18:25 PM, 20th November 2020
About 2 weeks ago

I think your question may stem from the confusion in your first post " “we’re my arrears capitalised” the judge said your payments were Revised."

As I see it:

Capitalisation is the addition of arrears to the capital sum outstanding which increases the capital value of the loan , but effectively bringing the payments up to date.

e.g you owed £100k of the original loan, but were £5k behind with payments. The outstanding payments are capitalised ( possibly taking an increased charge against the property) and you now owe £105k but your payments are up to date. Of course your payments per month will increase if the term and interest rate of the loan remain the same.

Revising the payments would mean, that the lender revises the payment terms so that you continue to pay the original loan on the original terms with the addition on an extra sum per month to reduce the arrears over a prescribed period of time, not necessarily the same as the term of the original loan.

That would be my take on the difference between capitalising arrears and revising payments.

( just my thoughts - not to be relied on in any way) 🙂

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