CosmosBipinnatus
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If you go to the FOS, remember that the assessors are trained to throw most of the complaints out. When a FOS assessor does that to you, you write back and say that their response is not acceptable and that you want your complaint to go to an ombudsman.
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Acenden is the sole data controller for SPML-originated mortgages so you write to Acenden, not to SPML. Acenden's address is on the web, isn't it?
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To note: since the Appeal Court decision, Cardiff County Council v Lee (Flowers) (2016), they have to obtain the court's permission. Then there has to be a hearing because summary judgments in this sort of proceeding is probibited by the Civil Procedure Rule CPR 24.3 (2) (a) (i). Also, giving you only two weeks notice sounds as if Lloyds have tried to use the High Court route. But, to ‘transfer up’ a County Court possession order for enforcement in the High Court, permission of the court is required pursuant to CPR 83.13(8). And form N293A for transfer to the High Court for enforcement of a possession order of the County Court cannot be used other than for possession orders against trespassers. http://blogs.lexisnexis.co.uk/dr/enforcement-possession-transferring-up-are/ Anyway, the most important thing is to lodge a N244 Application, mentioning that since the Appeal Court decision the lender has to obtain the court's permission to enforce a possession order. This is not advice, just information that may be helpful. Go to Shelter, with this information, too, after you have lodged your N244 Application at the court (AND OBTAIN A RECEIPT). Edited to add: keep your head, and good luck.
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If the judge makes a Suspended Possession Order then that is what it is, eviction suspended on terms. An outright possession Order has no terms. I do know of one instance in which Acenden failed to obtain an outright possession Order and then outrageously "scrambled" the dates on the Order that was issued to try make it work as an outright possession Order, at least for long enough to obtain a bailiff's warrant (before this latest Appeal Court decision). this Appeal Court decision does apply to mortgagors https://www.stephensons.co.uk/site/blog/housing-blog/permission-required-for-warrant-of-possession
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There was an appeal last October that has changed that. They would have to ask the court's permission, first. http://www.owenwhite.com/suspended-possession-orders-permission-apply-warrant/ But this does not apply where the lender has been granted an outright possession order. Edited to add: this was to do with a tenant of a local authority. I assume it also refers to mortgage borrowers (it would be unfair if it didn't) but I am trying to find out for sure. My reading of Civil Procedure Rule 83.2 is that this appeal decision applies to mortgage borrowers, too. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-83-writs-and-warrants-general-provisions#83.2
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Hi, your experience is absolutely typical of Acenden's (mis)management of mortgage accounts. Yes, I know of people who have been refunded THOUSANDS in fees/charges. Make sure you send your SAR to the correct postal address for Acenden (they moved in the past year).
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Why would you make mortgage repayments to Acenden/Capstone - they are not and never have been the lender. I don't know - try your bank? You need to get up to speed on "due legal process". Acenden routinely misrepresents the facts. Yes, although they may mean that they have decided which date to ask the judge to approve. I think this is to try to force you to make another, different - "better", from their point of view- payment arrangement offer. I haven't checked back through the thread but it may be that your offer was so reasonable that there is some danger of a judge approving it. Very likely, in my experience. They have to get a court Order. Evictions/repossession is meant to be a last resort. Keep a record of your payments. But, above all, you need to get on the front foot. Acenden want your property. In your place, I would write and tell Acenden that you forbid them to have their "specialist team" review the needs of your children, as that would be a breach of their privacy rights. Acenden don't have a specialist team like this, it is just another trick to add even more charges to your account. Yes, do complain to the FOS. Look at the FOS web site, print off or complete the form on-line. Include everything.
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In early January 2015, after it was bought out of administration by part of BlackRock, Acenden ceased to be part of the Lehman Group and thus ceased to have any connection with SPML in the company law meaning of connection. That is why they do not have locus standii to instruct solicitors in possession claims against anyone with an SPML-originated mortgage. (SPML is still part of the Lehman Group, although - last time I looked - it had no premises and no employees.) I don't know enough about your circumstances to comment on why they've gone for your ex.
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If your mortgage repayments are made to one of the Eurosails, then also tell your solicitor that, as SPML has not been the beneficiary of the legal charge for years (not since the SPML-originated mortgages were securitised), they too do not have locus standii to conduct possession claims unless they are joined as Claimants by the relevant Eurosail. If your mortgage repayments are normally made to Eurosail, then never ever - is my advice - make any payment direct to SPML or Acenden.
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House repossessed, proceeds still not received
CosmosBipinnatus replied to Tabbymog's topic in Mortgages and Secured Loans
Tell your solicitor that, since being bought out of administration in January 2015 by part of the giant equity group BlackRock, Acenden ceased to have locus standii (no longer had "skin in the game") to instruct solicitors in possession proceedings against anyone with an SPML-originated mortgage. That they continued to do so is, I believe, contempt of court and worse. Edited to add: and their solicitors are in contempt for accepting Acenden's instruction in possession proceedings after January 2015 against borrowers with SPML-originated mortgages. -
No, not bought them, just won a contract to administer these in their own unique way.
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Hi, what sort of mortgage do you have? I've looked back quickly at the start of this thread: is it an SPML-originated first-charge mortgage? The reason I ask is that, as far as I can tell, since January 2015 Acenden have not had locus standii to instruct solicitors to conduct possession proceedings against any borrower with an SPML-originated mortgage.
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In case of interest, on this recent blog entry (my embolding) by Professor David Rosen, https://litigantsinperson.wordpress.com/2016/11/29/i-received-a-default-judgment-what-do-i-do/
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Makes sense. You've nothing to lose by going to the FOS but do give it your best shot. You can prepare your complaint to FOS and have it all ready to submit. Anyway, better to start the New Year with your complaint. Acenden not acknowledging or replying is another "black mark" against them; be sure to note it in your complaint to FOS, if they still have not done so in the next five weeks; courts don't like organisations not responding.
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I said that I had not been able to get much sense out of the FOS but I do know someone who has covered a lot of ground - got £'000s in fees and unfair charges refunded - in the past year. And my situation was a bit unusual. You are contemplating STARTING a court claim which means that all the burden of proving your case is on you. The other side only has to find a technicality that you have overlooked, and you will lose your case; and then you will be forced to pay the other side's costs which, I can assure you, will have been massively inflated. As I say, not only is starting a court claim very expensive and indescribably stressful, you could lose "on a technicality" and then have to pay the other side's enormous legal costs. On the other hand, going to the FOS is free, and if then the FOS found for you but the other side did not comply with whatever the FOS told them to do you would have a much stronger case. The courts take a lot of interest in what the FOS decision is. Lastly, you can go to court after going to the FOS. You cannot go to the FOS after you have gone to court or once you have started legal proceedings. Do yourself a favour and go to the FOS. You have nothing to lose by doing that, whereas you could lose everything by going to court. The other thing is that, in my experience, the other side routinely lies to the court.
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