Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
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    Exclamation Acenden/Capstone/SPML/APS!! PPI/Charges Reclaiming.

    Wow been a while since i was here!

    Just gone through old documents with regard to claiming back PPIicon as i knew we were once ripped off with it. We took out a mortgage with Aps who arranged a mortgageicon with Southern Pacific Mortgage Company this was taken out in July 2005 and we have found that the policy was added to out mortgage at a cost of 3,483.63 on the forms we have it says interesticon payable in addition to the premium 2,808.45 totally a whopping 6,292.08!
    We had a salesman come to the house to sort out the mortgage and looking at the forms HE actually ticked the bit for the ppi obviously skirting round the fact you paid interest also my husband was infact self employed, since rereading i think that is ok, cover was only for 3 years too
    Can i also just ask if all the other fees are legite on this too as looking down the list it says;
    499.00 arangement fee (added to the loan)
    40 chaps fee payable on completion (added to the loan
    2,495.00 Broker fee non refundable it says (added to the loan)
    600 legal fee?? payable on completion (added to the loan)
    150 one off payment title insurance it says ask us about it!!! (added to the loan)
    I would like to know if all these bits are legal they dont tell you that all these are adding god knows what interest on top, i really dont know where to start the mortgage as now been paid off.


    Miz_Print v Halifax Won 24th july 2007
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    Default Re: ppi through aps

    Anyone?

    Miz_Print v Halifax Won 24th july 2007
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    Default Re: ppi through aps

    Hiya Miz good to see you again deffo been a while

    Will bump you up lol






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    HOW NOT TO CLAIM...Click here!

    HOW TO...DUMMIES GUIDE TO CAG...Read here

    .please remember that any advice i give is purely my own experience or opinion thankyou
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    Question Re: ppi through aps

    Sorry to be apain on this one but can anyone offer advice as i am wanting to get the ball rolling asap on this one

    Miz_Print v Halifax Won 24th july 2007
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    Default Re: ppi through aps

    Well sent off a letter anyway asking for it, been a few weeks now no reply but know i have to wait till the 8 weeks anyway, does anyone know as i sent the letter to spml at 6,Broadgate, london that this is still the address for them?? i sent it recorded and someone did sign for it, also what happens now that they are also going under the name of Capstone? we did get a letter telling us they were when we had the mortgageicon and it wouldnt make any difference to anything.

    Miz_Print v Halifax Won 24th july 2007
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  6. #6
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    Default Re: ppi through aps

    Wow been a while since i was here!

    Just gone through old documents with regard to claiming back ppi as i knew we were once ripped off with it. We took out a mortgage with Aps who arranged a mortgage with Southern Pacific Mortgage Company this was taken out in July 2005 and we have found that the policy was added to out mortgage at a cost of 3,483.63 on the forms we have it says interesticon payable in addition to the premium 2,808.45 totally a whopping 6,292.08!
    We had a salesman come to the house to sort out the mortgage and looking at the forms HE actually ticked the bit for the ppi obviously skirting round the fact you paid interest also my husband was infact self employed,
    (IMO Product mis-sold)
    since rereading i think that is ok, cover was only for 3 years too
    Can i also just ask if all the other fees are legite on this too as looking down the list it says;
    499.00 arangement fee (added to the loan)
    40 chaps fee payable on completion (added to the loan
    2,495.00 Broker fee non refundable it says (added to the loan) This line could be useful as I understand there are sometimes massive differences between the PPI figure payable to the company and what is being paid to the broker
    600 legal fee?? payable on completion (added to the loan)
    150 one off payment title insurance it says ask us about it!!! (added to the loan)
    I would like to know if all these bits are legal they dont tell you that all these are adding god knows what interest on top, i really dont know where to start the mortgage as now been paid off.
    Firstly have you looked through the stickies at the top of the PPI forum?

    If you have do you consider you have a claim for mis-sellingicon of PPI?

    I cannot comment on the relevant fees but there could be issues on the fact a broker was used.

    Have you sent a Subject access requesticon?

    If you have what response did you get?

    If you have not you need to send one with the statutory fee of 10.00 to get all the data on yourself with regard to this mortgage as a matter of urgency.

    If you do not have all the original paper work then SARicon and ask for every little bit of data with regard to you and this mortgage.

    Are you able to post up a copy of your consumer crediticon Agreement? but with all the personal details deleted ie names. sort codes, account numbers, addresses etc. it could help

    aa

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over 4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
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    Question Re: ppi through aps

    I recived a reply from spml saturday saying the following; that they are acknowledging my letter, upon investigation they identified that APS Mortgages arranged the mortgageicon and that spml was not party to any discussion concerning the insurance and/or its terms and conditions at the point of sale. The responsibility for the sale rests with the company who introduced us to spml and we must therefore direct us back to APS Mortgages (they added address) They went on to say that a PPIicon was not requested in the application forms received from the broker and so spml did not arrange any cover. Any issues must therefore be redirected to Aps, we are soory that we are not able to uphold your complaint and tell us to if we wish refer to the fsa. They then say if they have not heard from us within 8 weeks of this letter they assume the matter is completed and close the file!

    I want to know what can i do as aps is no longer trading or are they??
    I have the forms for the mortgageicon that the broker ticked for the ppi and also a copies of all the breakdown statement of facts for the mortgage, how can they say that we didnt ask for it they must have know it was added on to the balance that we wanted to borrow it just dosont make any sense so why are they saying we didnt request it?

    Can anyone offer advice as to what to do next as i am at a loss?


    Miz_Print v Halifax Won 24th july 2007
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    Default Re: ppi through aps

    Bump

    Miz_Print v Halifax Won 24th july 2007
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  9. #9
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    Default Re: ppi through aps

    Do you have an address for aps on any of your paperwork?

    If so please post.

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over 4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
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  10. #10
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    Default Re: ppi through aps

    Basic details for:

    300788 - Aps Mortgages (UK) Ltd

    Current status: No longer Authorised Effective Date: 26/01/2009 Tied Agent:
    Undertakes Insurance Mediation:
    Registered under Money Laundering Regulations:
    Address: Unit 3
    York House
    Edison Park
    Hindle Way
    Swindon
    Wiltshire
    SN3 3RB
    Phone:44 01793 600 001
    Fax:44 01793 484 968
    Email:angela.ashdown@apsmortgag es.co.uk
    Website:www.apsmortgages.co.uk

    If this is the company in question they are no longer authorised.
    The were authorised when they were in business by the Financial Services Authority, so you may have some chance of compensation from the Financial Services Compensation Scheme. (FSCS) here is a link.

    http://www.fscs.org.uk/consumer/

    There is no record in Companies House for aps mortgages uk ltd....http://www.companieshouse.gov.uk/

    Hope this gives you some hope.

    aa







    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over 4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
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  11. #11
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    Default Re: ppi through aps

    Thank you Alanalana for replying, yes that is the same adress i have on the letter apart from unit 4 not 3, so am i right in thinking that as Aps came to my house to set up the mortgageicon with spml that they are right to say that they are not responsible for the miselling of the PPIicon? they even said in the letter that it wasnt requested on the forms when it clearly shows it was!
    Also they must know that Aps is no longer trading so why have they said they will post my complaint on to them and suggest i also contact them?
    Is the Fcs my only hope?


    Miz_Print v Halifax Won 24th july 2007
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  12. #12
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    Default Re: ppi through aps

    Thank you Alanalana for replying, yes that is the same adress i have on the letter apart from unit 4 not 3, so am i right in thinking that as Aps came to my house to set up the mortgageicon with spml that they are right to say that they are not responsible for the miselling of the PPIicon? they even said in the letter that it wasnt requested on the forms when it clearly shows it was!
    Also they must know that Aps is no longer trading so why have they said they will post my complaint on to them and suggest i also contact them?
    Is the Fcs my only hope?
    Firstly let me get my head arount this aps were the company that visited to set up the mortgageicon with spml?

    Do you have a consumer crediticon Agreement (CCA) and if so is the agreement with SPML or aps? (if the agreement is with SPML then you should be claiming from them, because presumably you are paying you monthly payments to spml and not aps)?

    The address for spml in the FSA Register is this:

    302027 - Southern Pacific Mortgage Limited
    St. Johns Place
    Easton Street
    High Wycombe
    Buckinghamshire
    HP11 1NL
    Tel: 44 0845 603 2905
    Fax: 44 0845 603 2906
    email: ahindle@capstonemortgages ervices.co.uk

    and spml are still regulated by the Financial Services Authority.

    they are also listed under companies house with this address:

    Name & Registered Office:
    SOUTHERN PACIFIC MORTGAGE LIMITED
    ST. JOHNS PLACE
    EASTON STREET
    HIGH WYCOMBE
    HP11 1NL
    Company No. 03266119



    If your claim is against spml because your consumer credit agreement is with them then that is fine if you are claiming against aps then I believe you will have to go, as mentioned in a previous post to the Financial Services Compensation Scheme.

    Looking at the email addressess spml seem to also be linked to capstone mortgages see this:

    Name & Registered Office:
    CAPSTONE MORTGAGE SERVICES LIMITED
    ST. JOHNS PLACE
    EASTON STREET
    HIGH WYCOMBE
    HP11 1NL
    Company No. 05381786


    What would help, is to know what information appears on your signed (CCA).

    I do not know where you addressed your original letter but this is again from the FSA Register for complaints to spml.

    Contact for Complaints: Tony Marek
    Address: St. Johns Place
    Easton Street
    High Wycombe
    Buckinghamshire
    HP11 1NL
    Phone: 44 0845 603 2905
    Fax: 44 0845 603 2906
    Email:
    tmarek@capstonemortgagese rvices.co.uk
    Website:

    hope this helps to clear any confusion.

    aa





    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over 4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
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  13. #13
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    Default Re: ppi through aps

    Quote Originally Posted by alanalana View Post
    Firstly let me get my head arount this aps were the company that visited to set up the mortgageicon with spml?

    Do you have a consumer crediticon Agreement (CCA) and if so is the agreement with SPML or aps? (if the agreement is with SPML then you should be claiming from them, because presumably you are paying you monthly payments to spml and not aps)?

    The address for spml in the FSA Register is this:

    302027 - Southern Pacific mortgageicon Limited
    St. Johns Place
    Easton Street
    High Wycombe
    Buckinghamshire
    HP11 1NL
    Tel: 44 0845 603 2905
    Fax: 44 0845 603 2906
    email: ahindle@capstonemortgages ervices.co.uk

    and spml are still regulated by the Financial Services Authority.

    they are also listed under companies house with this address:

    Name & Registered Office:
    SOUTHERN PACIFIC MORTGAGE LIMITED
    ST. JOHNS PLACE
    EASTON STREET
    HIGH WYCOMBE
    HP11 1NL
    Company No. 03266119



    If your claim is against spml because your consumer credit agreement is with them then that is fine if you are claiming against aps then I believe you will have to go, as mentioned in a previous post to the Financial Services Compensation Scheme.

    Looking at the email addressess spml seem to also be linked to capstone mortgages see this:

    Name & Registered Office:
    CAPSTONE MORTGAGE SERVICES LIMITED
    ST. JOHNS PLACE
    EASTON STREET
    HIGH WYCOMBE
    HP11 1NL
    Company No. 05381786


    What would help, is to know what information appears on your signed (CCA).

    I do not know where you addressed your original letter but this is again from the FSA Register for complaints to spml.

    Contact for Complaints: Tony Marek
    Address: St. Johns Place
    Easton Street
    High Wycombe
    Buckinghamshire
    HP11 1NL
    Phone: 44 0845 603 2905
    Fax: 44 0845 603 2906
    Email:
    tmarek@capstonemortgagese rvices.co.uk
    Website:

    hope this helps to clear any confusion.

    aa

    Alanalana, firstly i did say in my first post that it was a one off single payment PPIicon, Aps came to the house to sell me it, all i have is the key facts pages which were prepared by APS (Product confirmation letter), so your saying that spml didnt have anything to do with it?
    Am i best now then just going to the Fsc scheme?
    I just cant understand why they would pretend that i didnt sign for it when it was added onto the mortgage they must have know surely?


    Miz_Print v Halifax Won 24th july 2007
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  14. #14
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    Default Re: ppi through aps

    Quote Originally Posted by miz_print View Post

    Alanalana, firstly i did say in my first post that it was a one off single payment PPIicon, Aps came to the house to sell me it, all i have is the key facts pages which were prepared by APS (Product confirmation letter), so your saying that spml didnt have anything to do with it?
    Am i best now then just going to the Fsc scheme?
    I just cant understand why they would pretend that i didnt sign for it when it was added onto the mortgageicon they must have know surely?
    Right then

    the PPI, sounds to me that this part may be regulated for the purposes of the CCA 1974

    however, it seems as if you need some more info here as you dont seem to have the documents that you need.

    by the way the old "you need to speak to the introducer" is nonsense, if they paid a secret commission then they would get caught up in the liability with the broker themselves, so what im saying is you could sue either broker or lender, each owe a duty of care to you

    I think that you need to secure the underwriting sheet as this is essential to your case as it will disclose to you all the real costs of the borrowing, and any hidden costs too


  15. #15
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    Default Miz_print v Acenden/Capstone/SPML/APS!!

    Sent off a SARicon to Acenden

    my account was with APS/Southern Pacific when i left them it was with Capstone!

    Know for a fact that there is misold PPIicon added on in a single PPI payment this was sold to us via APS who came to the house.

    I paid the mortgageicon off in Oct 2008.

    Did already write to them in 2009 to be fobbed off with them saying it was nothing to do with them and that it was sold with a broker
    even though the PPI was infact added to the mortgageicon,

    the agreement and paperwork will show this when it comes.

    Left it for a while as i was moving and had a lot on at the time but thought with the ruling now i would try and reclaim it again.

    They were rather awkward with the SARicon saying they wanted documents with my husband and i's signiture on as the address etc wee now different.
    They said either original passport or driving licences or if copies stamped and signed by a solicitor!!

    Probably trying to put me off with the cost but i did send them original driving licences which i actually got back today
    with a letter saying the usual 'we have 40 days to suppy the information'.

    Will keep you posted on any developments as i know that Acenden are a nightmare according to other threads

    Miz_Print v Halifax Won 24th july 2007
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    Default Re: Miz_print v Acenden/Capstone/SPML/APS!!

    your claim should be fired at whomever you paid your loan PCM too

    http://www.financial-ombudsman.org.u...notes/ppi.html

    dx

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  17. #17
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    Default Re: Miz_print v Acenden/Capstone/SPML/APS!!

    Right got a pile of paperwork this morning from Acenden although dosn't seem that much. I am quite surprised as i thought they would definitely wait until the 40 day deadline, will trawl through it this afternoon and let you know the outcome!

    Miz_Print v Halifax Won 24th july 2007
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  18. #18
    Basic Account Holder miz_print Informative miz_print Informative miz_print's Avatar

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    Default Re: Miz_print v Acenden/Capstone/SPML/APS!!

    Right i have had a look through the papers that Acenden have today sent me and it seems that they have 'forgot' to add the main keyfacts sheet that showed all the PPIicon, before i moved to Canada for a short time i had this and it said a one time payment of; 3,483.63 with int at 2,808.45= 6,292.08. I lost these papers when i moved
    The main forms they sent were the mortgageicon application forms so they stil haven't sent the credit agreement forms, i got all letters and recorded telephone callsicon etc.
    The letter they enclosed also stated that' where data relates to a third party details will not be released; Details of any agreements between broker/lender/packager written or underwritten, in relation to commisions or any other payments. This is not data relating to the account holders and as such Southern Pacific does not consider itself under no obligation to provide this pursuant to the Data Protection Act 1998 and subsequent guidence published by the Information Commissioner's Office. It goes on to say in another section that it won't disclose details of commisions made in relation to the loan.

    I do have a form with the mortgageicon application forms that does state the amount of procuration fee that the broker expects to be paid for this mortgage and this is; 2,529.87

    They have shown all the other fees except the ppi key facts sheets it is so frustrating but what they have sent sort of looks ok but i know its not! what should i do now as without this i can't do nothing?



    Miz_Print v Halifax Won 24th july 2007
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  19. #19
    Basic Account Holder miz_print Informative miz_print Informative miz_print's Avatar

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    Default Re: Miz_print v Acenden/Capstone/SPML/APS!!

    Can someone please advise as what to do now that i know some forms are missing that show the PPIicon, they were the Key facts sheets???

    Miz_Print v Halifax Won 24th july 2007
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  20. #20
    Basic Account Holder miz_print Informative miz_print Informative miz_print's Avatar

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    Default Re: Miz_print v Acenden/Capstone/SPML/APS!!

    Anyone?

    Miz_Print v Halifax Won 24th july 2007
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