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.

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  1. #141
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    Default Re: Acenden capstone spml pml lmc sppl

    I've had a response from the fosicon and it's the same as before, i.e. charges are fair under the circumstances and the bank has provided a breakdown.

    However, this time they say the contract has also been assessed for PIL and as it is clear I understand why the charges are incurred, there is no doubt that it is in PIL. Thus Reg 6 of UTCCRicon precludes any assessment under Reg 5 and the 'service' by the bank is the adminicon of the account whilst in arrears.

    I don't believe the contract has been properly assessed for PIL but only that I know why the charges are incurred. But what I said was I don't know why they are so high, why the litigation referral fees are so high and why the bank applies monitoring fees while the account is at the solicitors, incurring me double fees.

    Again they say the FSA fines against other lenders are not relevant.

    This is totally the opposite of what others get from the FOS.


  2. #142
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    Default Re: Acenden capstone spml pml lmc sppl

    I can't find (in search) any of my threads from October 2010 onwards.

    And i can't find (in search) any of my posts after 2007.

    Though the threads and posts are still on here. I can get to them from my emails.

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  3. #143
    Basic Account Holder brassed-off-2 Novitiate brassed-off-2 Novitiate

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    LA-LA LAND WITH ACENDEN, WFS AND THE FAIRIES!!
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    Default Re: Acenden capstone spml pml lmc sppl

    has anyone received a telephone callicon off these muppets today????????????

    Mid - morning today o/h answered a call from acenden, asking if everythhing was ok! And to inform us that interet rate has slightly risen, and a letter would be on its way to clarify this... and all we need to do is pay, on the 15th (as we normally do) to ensure that it is cleared by the 19th (made this arrangement with them in Jan, without any fuss on their part, job change on my part,) i cant help but get the impression that everytime we have to speak with them, that they seem to fall over themselves to go out of their way to be helpful!!! which on its own merits is very un -settling, i just wish i knew what we seem to have over them...i cant quite put my finger on it....i wont let them intimidate me, i run rings around them everytime i reluctantly have to speak over the phone....i mean they even had the audacity to quote being seen to be responsible lenders, when i rang to clear 5.5k of their fabricated arrears in december....i mean, pleeeease.
    i will be ringing them on monday to find out what the problem is, as we all know acenden just dont do Customer service, and especially not on saturday mornings!!!!....so what is the hidden agenda acenden??? is the fsa finally closing their net in on you? or will you be fabricating a charge to start the arrears rollercoaster again?????

    ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE
    either SPML/PML/LMC/SPPL; the following are DIRECT tel#s,
    of the investigating & prosecuting organisations: DONOT say you are from CAG-only directly affected or a concerned citizen.

    1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633
    2. CH : Lee Jenkins(prosecuting Amany Attia(MD) for SPML/PML) @ 02920 380 643
    3. CH : Mark Youde(accounts compliance) @ 02920 380 955

    4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108
    (part of the Insolvency Service) investigating all the Lehman lenders

    5. CIB : Jeremy Pilcher('unofficial'-consumer/company lawyer) : @ 0207 637 6231
    __________________
    File YOUR 'Companies Investigation Branch'- CIB complaint online NOW!!!!

    http://www.insolvency.gov.uk/complaintformcib.htm
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  4. #144
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    Default Re: Acenden capstone spml pml lmc sppl

    It sounds like its simply a front to appease the FSA and probably recorded or videod! you must be one of the few who got your payment date changed without an almighty struggle,whats your secret.!?


  5. #145
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    Default Re: Acenden capstone spml pml lmc sppl

    hello
    first timer here and ive been reading with interesticon
    everyone here says that arrears charges should be added to the mortgageicon balance rather than the arrears .. im with acenden and in the terms and conditions it says they
    can , so if it says that in the terms of the contract i signed how can i solve this issue , almost 7 thousand pounds charges in 5 years .


  6. #146
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    Default Re: Acenden capstone spml pml lmc sppl

    can anyone give me any ideas?


  7. #147
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    Default Re: Acenden capstone spml pml lmc sppl

    Does it actually say the charges can be added to the arrears and not added to the account ?

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  8. #148
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    Default Re: Acenden capstone spml pml lmc sppl

    If its a regulated contract isn't their an FSA directive that says arrears charges must be kept seperate?Will investigate.


  9. #149
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    Default Re: Acenden capstone spml pml lmc sppl

    subbingicon with interesticon ... the judge has asked acenden to set out where in t&c it states they can add charges to arrears ... am preparing a statement in response x


  10. #150
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    Default Re: Acenden capstone spml pml lmc sppl


  11. #151
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    Default Re: Acenden capstone spml pml lmc sppl

    Just received this by email:
    Something most knew but nice to hear confirmation from the horses mouth as it were.

    Author: Blowingthewhistle
    Comment:
    Sadly you all look like you only know half the story.
    I used to work for Capstone in the shall we say customer service department. That was the official title anyway.
    Ok a quick run down
    There are very strict managerial instructions stating that payment date changes are not allowed. We were also not allowed to change accounts to interesticon only.
    We were actively encouraged to do everything to ensure that an account falls into arrears and than to keep it in arrears.
    We would ask for large payments but never enough to clear the arrears. We had one main goal and that was to keep the charges being put on as many accounts as possible.
    The charges go towards the annual profits upon which a bonus based on performance is paid, so it was in our own interest not to help borrowers


  12. #152
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    Default Re: Acenden capstone spml pml lmc sppl

    Acenden Capstone mortgageicon services An important announcement for all ex employees.

    Be a hero to 100000 abused borrowers many of whom will lose their home .
    Let the powers that be know of their business model.we have a national newspaper on our side.
    POST YOUR STORY HERE WITH confidentialityicon.

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  13. #153
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    Default Re: Acenden capstone spml pml lmc sppl

    Seems to have gone quiet now.


  14. #154
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    Default Re: Acenden capstone spml pml lmc sppl

    Quote Originally Posted by zither View Post
    Seems to have gone quiet now.

    I would actually call it the calm before the storm Zither.


  15. #155
    Basic Account Holder mercyblue Novitiate mercyblue Novitiate

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    Default Re: Acenden capstone spml pml lmc sppl

    Its pretty clear what their business model is. Btw it is possible to change the payment date with capstone or should I say acenden as it clearly states it in their t&c's well it does in their 2006 version.
    section C 6 "The borrower may request a change in the payment date by sending the company a signed request in writing which the company receives at least 21 days before the date of the next payment day. The request must be between the 1st and the 28th of the month and the change must not result in an instalment been missed. The company will make the requested change with effect from the month following the month in which the request is received"


  16. #156
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    Default Re: Acenden capstone spml pml lmc sppl

    I wonder how many of their sharks know about that or rather pretend not to know! I am quite bemused by them and find any telephone callicon (since my victory over their last eviction attempt 12 months ago) to them rather entertaining. The most recent was when they told me I had to discuss my payment arrangement as they wanted to increase the amount I pay..............ummmm I think not, as long as I stick to what Mr Judge said they can go whistle and informed them of that in not so many words!
    My charges claim with fosicon has gone quiet since they ignored the adjudicators decision that it should be partially upheld, now waiting on an ombudsman, but when I get some more time will put in a county courticon claim. TBH as long as they ignore it and I continue to keep to my arrangement, when they are eventually forced to pay out, my arrears will be cleared and it will mean money in my pocket!!!!
    Also does anyone know which CRA they use as there is no trace of my account on callcredit or equifax, just waiting on my experian one.


  17. #157
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    Default Re: Acenden capstone spml pml lmc sppl

    Which lenders t and c's are these? as those who've been refused a date change and there are many would be able to quote this but beware the words "may request" ie as to be expected its discretionary.
    Quote Originally Posted by mercyblue View Post
    Its pretty clear what their business model is. Btw it is possible to change the payment date with capstone or should I say acenden as it clearly states it in their t&c's well it does in their 2006 version.
    section C 6 "The borrower may request a change in the payment date by sending the company a signed request in writing which the company receives at least 21 days before the date of the next payment day. The request must be between the 1st and the 28th of the month and the change must not result in an instalment been missed. The company will make the requested change with effect from the month following the month in which the request is received"



  18. #158
    Basic Account Holder mercyblue Novitiate mercyblue Novitiate

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    Default Re: Acenden capstone spml pml lmc sppl

    Its a quote from dated spml april 2006 which they were using in 2007 (presumably up to april? dont know on that).
    The "maybe" in this context is referring to the borrower as clearly you might not want to change the date. In relation to the lender the word "will" is used i.e "will make the requested change" - no ifs,buts or maybe's there seems pretty clear cut to me
    Section C even has a heading entitled "changing the payment date" clause 5 references how they can change the date and clause 6 how you can - which is where the quote is taken from. So I think the 1st question, to one of these what I presume acenden would call "dedicated specialist advisors" or some other nonsense, would be if the date cant be changed why is there an entire section devoted to it?

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  19. #159
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    Default Re: Acenden capstone spml pml lmc sppl

    Thanks for the info and download mercyblue it may help people who have faced difficulty if they can quote this.
    This was posted on post 52 and follows on on this thread from there.

    "Hi all

    I spoke with these morons again today to make a payment and as I am in arrears still they tried to make me discuss my re[payments with them the moron who I was speaking to tried to tell me that my next payment was as directed by the court and that it had to be 74 over the mortgageicon payment. He was not helpful when I explained that there are payments being made by the DWP of 55.00 and the along with my payment took the mortgae payment to over the agreed payment.

    He then told me that the next payment HAS to be paid by the first of the month (oh he also asked why the payment today was late!!). I explained that the payment will not be paid until the end of next month and that I have to change my payment date to which e then tried to tell me that they cannot change the dates to which I then had to explain that they can do that but he insisted that they cannot do it, I then told him that they will have to do it and that he was lying and that they can do. (this went on for a few minutes after which I demanded the authorisation code for the payment. he then tried to make me wait until the tried to explain something to me to which I demanded that he either give me the authorisation code or i will ring off he then gave me the code and then I rang off. I am soooo angry!
    Am I right about the changing of dates? etc."


  20. #160
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    Default Re: Acenden capstone spml pml lmc sppl

    Ell-enn
    You have had several years now of success saving many people from eviction from these administrators and group of companies so you can appreciate the depth of the problems.
    Is there any likelihood of CAGicon running a campaign as they are currently doing with Swift to actually put pressure on the Regulators the FSA to actually regulate these firms.


    Far lesser offenders have been fined such as gmac redstone etc.for levying excessive administration arrears charges of less than half of what Acenden charge,the FSA state they are aware of Acenden to borrowers MP's who contact them but still after all this time and all the lost homes now statistically about 25% of the total mortgageicon book ,actually do nothing.
    Surely this calls for the might of CAGicon to run a campaign and you are a witness first hand of the abuses the borrower has suffered,the spml thread alone must be one of the longest on CAG at more than 300 pages.
    I am sure all would be forever indebted if you could use your undoubted influence,this abuse has surely got to be stopped.



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