NOTICE OF REQUEST for FULL DISCLOSURE

Special Private Confidential
Santander UK plc
EXECUTIVE COMPLAINTS
Santander House
201 Grafton Gate East
Milton Keynes
[MK9 1AN]

1st February 2012

Dear Sirs,

RE: Mortgage Account Number 11117165 Santander = Legal Title Holder
RE: 1 THE WARREN, ESSEX [SS1 1SS] Santander = Trustee/ Simon John Spaniard & A B Bunny = Beneficial Title Holders

Further to your letter dated 14th December 2012 and my subsequent telephone call a few days later, I felt the need to compose this letter.

I consider myself to be a relatively intelligent chap but I do not understand a number of things which have only recently come to my attention.

If you, the reader, have a mortgage then please read the following because having done so, you may feel that you have done something in your own private life which warrants investigation; please use this letter as an opportunity to investigate and please take note of any refusal by senior colleagues to answer questions then ask the question – why?

Why, if nothing has been done wrong, will no-one answer a straight question? After all, is it not the case that if one has done nothing wrong one has nothing to hide? 

So to the issues (the answers to which may raise further issues and or questions which I reserve the right to ask at a later date)…

Power of Attorney.

I have queried, by phone, on a number of occasions during the past eighteen months or so, whether or not I had/have (unknowingly) granted Abbey National plc/ Santander UK plc a Power of Attorney to act on my behalf and or in my name.

In response to those enquiries, I received letters dated 3rd May 2011, and 14th December 2011 respectively, the first stating

'As you will see from your mortgage application and offer this was a joint names of S Spaniard and A Bunny and did not involve a Power of Attorney'.

and the second stating

'Santander does not have any involvement with the POA process' 

Most recently, Sharon Huxford, constructed a two page letter enclosing a copy of the 'Terms & Conditions' relating to the Mortgage Advance.

Sharon clearly spent some time constructing that letter and one would naturally presume that enquiries had been made, by her, your end.

It disappoints me greatly to note that both Sharon (letter dated 14th Dec 2011) and Adam Hollands (letter dated 3rd May 2011) have either not investigated the queries raised or have intentionally sought to mislead [misrepresentation]. I state this because simply reading the ‘terms and conditions’ clearly reveals that not only was a Power of Attorney granted with my full and prior knowledge (disputed and denied) and with my full and prior intention (disputed and denied) but that said Power of Attorney is 'irrevocable' (disputed and denied).

Simple reference to point 28 in your own Terms & Conditions reveals

'Our rights to act on your behalf

28.1 You appoint us and (as a separate appointment) any receiver we appoint, to be your attorney and to do the following things in your name and on your behalf

a) execute any document which you must execute under these conditions or which is needed for any 
  of the purposes listed in condition 28.2
b) do any other thing which you must do under these conditions or which is needed for any of the 
  purposes listed in condition 28.2; and..

...you cannot revoke the power of attorney in this paragraph until the mortgage debt has been paid off in full.

 28.2 The purposes mentioned in conditions 27.1 and 28.1 (a) and (b) are;

a) to make good or preserve your title to the property or our title to the mortgage
b) to make good or preserve our charge over the additional security
c) to enable any of our rights and powers under the mortgage to be effectively exercised
d) to make sure that any money which is paid under the additional security is paid to us
e) to allow the following to be transferred to a purchaser;
  - the property
  - the additional security; or
  - any interest in either of them;
f) to allow the following, or any interest in them, to be transferred to a purchaser;
  - the mortgage;
  - our charge over the additional security; and
  - any guarantee
g) to bring or defend any legal proceedings which we reasonably think are needed for any of the
  above purposes.'

Banks are often regarded as respectable institutions, and those that work there are trusted to act with honesty and integrity. I trust you will understand and agree that any agreement/contract demands by its very nature complete honesty and integrity from and by both sides.

I further trust that you will understand the question marks raised in my own mind when serious questions are answered with information which is quite clearly false and misleading (whether intentionally or otherwise) - in other words, the trust I place in you to act with honesty and integrity will naturally be somewhat dented and diminished when information stated in your letters is false, as can be ascertained by simple reference to the facts.

Put yet another way, if I had lied when applying for the Mortgage Advance I would no doubt have found myself accused of fraud and or misrepresentation and I have no doubt that people who have committed such acts have found themselves prosecuted for those acts; after all, how can anyone not know accurate information about themselves and what they do and how they do it?

Likewise, I deem it wholly natural to question how Santander staff can not know how they operate and more specifically how they could not and cannot know that they acquire and retain Power(s) of Attorney from their customers, especially when I have raised the specific question about the existence of a Power of Attorney in the T&C and you then post me the T&C stating there is no POA?! There is!

Surely those that work for Santander ‘know’ their jobs and the products they sell, do they not? 

I am happy to grant both staff members the benefit of doubt upon condition that all enquiries/questions detailed herein be answered with supporting documentary evidence in order to fully settle the matter;

1) Why do you need a Power of Attorney at all? 
2) Did I not sign the necessary paperwork to complete the Mortgage Advance at the time?
3) What paperwork has been executed and or issued and or signed in my name without my knowledge? 
  (I have an absolute right to know)
4) Was I and am I not capable of signing documents to make the Mortgage Work?
5) Why has it been deemed necessary to hide certain transactions from me?
6) Why was I not informed that an irrevocable Power of Attorney would be granted to and moreover 
  Retained by Santander? 
7) Are all Terms and Conditions not supposed to be made clearly available to me prior to the signing of 
  any paperwork including but not limited to the application form?
8) Do the Terms and Conditions not form part of the Agreement?
9) In order for an Agreement to be binding must their not be a meeting of minds?
10) How can there be a meeting of minds if all facets of the agreement, including but not limited to all 
  terms and conditions are not discussed and or made available for inspection and or explained prior to 
  the agreement being made and or application? 
11) If all terms and conditions are not available for inspection prior to an application how can one truly 
  know what one is applying for?
12) Does the Law of Property Miscellaneous Provisions 1989 section 2 not specifically oblige you to individually negotiate the terms & Conditions with me prior to any agreement being made?

In any event, I trust you will understand that whilst these questions may well cause you administrative work, had these issues been addressed correctly at the outset we would not be engaging in these communications now; so clearly they were not discussed, or made aware to me and I am happy to
attest to such a statement/declaration under penalty of perjury. Is anyone your end prepared to swear to the contrary?

I trust you will also understand that in order for me to be sure that future letters from you are accurate and honest and factual, any and all communications from you must be signed by a member of staff and in signing any such communication it will be taken that the member of staff concerned indemnifies the
content(s) of any such communication with full liability and attests the accuracy of said contents under penalty of perjury, personally.
 
In the event that you refuse then I can only presume that your letters are inaccurate and dishonest in content; I trust you understand my line of thinking.

Further Enquiries.

1) Your Terms and Conditions state the POA is needed

'...a) to make good or preserve your title to the property or our title to the mortgage'

Kindly confirm that I hold beneficial title to the property known as 19 Keswick Avenue, Hullbridge evidenced by my peaceful enjoyment of the same and kindly confirm that legal title to said property was transferred to you in order that you may honour and fulfill your obligations stated above.

Kindly also confirm that you hold beneficial title to the Mortgage Account known as 17345242, legal title to this account no doubt being held by me.

2) Please confirm why, having signed the Mortgage Deed, transfer of legal title to the property does not 
  appear to have been effected or notified to Land Registry - it is my understanding that this should 
  have been effected within two months of signing the Deed. Simon John Goldberg and Maria Elizabeth 
  Hale currently appear as absolute title holder, whereas it is my understanding we should be appearing 
  as beneficial title holders.

3) Kindly confirm and or deny that the 'Additional Security' in this matter [see 2.2] is referring to 
  ‘Documentary Intangibles’ and or ‘Bonds’ and or ‘Commercial Instruments’ and
  or ‘Securities’ and or other documents and or the ‘Mortgage Deed’ itself and or any other derivative 
  created in my name by you under the Power of Attorney? 

Note: 

Additional Security is defined by you as follows:

‘2.2 additional security means any of the following;

a)	Your rights under any agreement, option, guarantee, or indemnity which concerns
-	the property
-	the way the property is built; or
-	the condition of the property;

b)	any shares or other membership rights which you hold in a management company or residents’ association by virtue of owning the property;
c)	any rights you have to compensation concerning the property;
d)	all rights and remedies you have concerning the property (including any which arise from damage to it or a drop in its value), and
e)	the benefit of any policy which provides insurance against any of the following risks;
-	a defect in the title to the property
-	someone enforcing a right against the property; or
-	the court setting aside or varying an earlier transaction concerning the property…’

You of course, by virtue of the POA have the ability to create such instruments detailed in 2.2a yourselves, in my name.

At no time was it my intention to ever grant you the ability the create securities and maintain the benefits from selling and or otherwise disposing of them:

28.2 d) to make sure that any money which is paid under the additional security is paid to us

Why would I have done that? 

I trust that you will honour your statement(s) and commitment(s) to ‘answer questions’ (customer service booklet) and be ‘open and honest’ – these statements do of course form part of any agreement between us. I further trust that you will take all reasonable steps to ensure that my ‘…title to the property is preserved…’ – ie ‘protected’ as per your terms and conditions – and that you will investigate, track and review all administration(s) associated with this matter and where appropriate correct and rectify any and all mistakes. 

Please also confirm the location and or whereabouts of the Mortgage Deed. This document is NOT held by Land Registry as confirmed by the solicitors who claim they returned it to what was then Abbey National; Land Registry merely have a copy on file and a certification to say that the solicitors saw the original – this is verified as a practice in the conveyancing handbook and protocols.

I look forward to receiving your reply and if you require a few weeks to conduct your investigations, then please do so as I would rather have a meaningful answer than a false one.

Please note that this matter, together with all known and unknown property assets and interests including but not limited to the equitable interests of Simon John Spaniard and A B Bunny are now held in Family Trust audited and monitored and administered by the British Principal Surety Trust c/o 1 Anywhere Anytown Somewhere [EH1 1EH].

Yours faithfully…

Simon Spaniard…
c/o 1 The Warren
Southend
Essex [SS1 1SS]