If its spml on the statements then they have received the oayments from eurosail, go for spml, they do cough eventually but they will squirm and wriggle and i would fully expect you will have to issue an N1 and take it through the court process, stick to the timescales in the letters, dont give them any reason to think you are just "trying it on."

Fao complaints team??? Thanks for the heads up

is this the address

SPML

ST. JOHNS PLACE

EASTON STREET

HIGH WYCOMBE

HP11 1NL

I have Acenden limited

Po box 1075

High Wycombe

HP11 2wx

For written correspondence on my statementsb

Yes that's the SPML Address for Mortgage Adminstrators Acenden

Lee Brandon sole director of SPML

Acenden takes all its direction from Eurosail but all charges are set by Acenden as part of the mortgage sale agreement and prospectus

and administration agreement

They just can't change the interest rates as that breaks the MCOB code of conduct so you'll have noticed they are never changed or increased only ever adjusted via LIBOR and Bank of England

SPML only lends it name to Eurosail

FYI SPML are not a trustee in any respect of the loans it had as mortgages it gave all Right Title, Interest and benefit to Eurosail and gave its full power of Attorney with the Sale Agreements back from 2007

So maybe I should have marked it eurosail.? Yes libor. From 2006 to date I've been with them. Hoping to remortgage though. FYI??

FYI - For Your Information

Failure to refund all the money unlawfully taken from us will result in us taking further action. I will give you 14 days to reply accepting, unconditionally, my request in principle and letting me know a date by which we will receive payment. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. ..

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. Thus take this letter as 28 days written notice of my intention to issue a court claim should you not comply with my request.

Just two things.

Have you checked how much it would cost you to issue a claim now?

Court fees have risen by an awful lot in the last 18 months.

Are you planning to take this to the small claims court (maximum amount that can be claimed is now £10,000, I think, but please check).

The complaint needs to be made to whoever owns your mortgage now ,be it SPML or one of the Eurosails.

SPML has not owned ANY of the SPML-originated mortgages since January 2009.

But they didn't "perfect" the sale of first-charge mortgages so that Land Registry records make it appear that they do own the loan.

Barclays Bank made SPML perfect the sale of second-charge mortgages sometime in 2010, as a condition of continuing to provide collection facilities.

That Barclays did not make them perfect the sale of the first-charge mortgages may have something to do with an outstanding landmark appeal.

Which is still outstanding: there have been no final hearings in any of the cases associated with the appeal.

The entity that owns your loan is the Eurosail that appears on your bank statement.

Yes that's the SPML Address for Mortgage Adminstrators Acenden

Lee Brandon sole director of SPML

SPML has no employees, no premises, and operates from a correspondence address at one of the offices of PricewaterhouseCoopers.

I would send your letter to all three

- Acenden, SPML, the relevant Eurosail - just to cover all the bases.

But the relevant Eurosail is the one that owns your mortgage.

Acenden just administer it and

as, on 6 January 2015, Acenden was bought out of administration by a giant global equity company,

Acenden is no longer connected - in the company law meaning of connected - with SPML.

So Acenden do not have locus standii to instruct lawyers in possession claims to do with SPML-originated loans.

Only Eurosail (perhaps with SPML who own only the brand name of SPML-originated mortgages) can instruct lawyers in possession claims.

SPML does not have locus standii to be a claimant in possession claims of SPML-originated mortgages, as it owns only the brand name (since about January 2009).

I haven't checked back through your thread(s)

so could I ask:

have you thought of taking your letter and exellent spreadsheet next

- after giving SPML/Acenden/Eurosail enough time to react

- to the Financial Ombudsman Service (FOS), and say so in your letter

(ie that you will complain to the FOS and then, if necessary, make a claim in the courts).

It doesn't cost anything to complain to the FOS,

and it has the power to order SPML/Acenden/Eurosail to refund those charges,

saving you all the expense and huge work of making a court claim.

As I say, I haven't checked to see if you have already tried complaining to the Financial Ombudsman Service but I came back to say: the FOS cannot consider a complaint that is already subject to legal proceedings. That bit in your letter about starting proceedings in 28 days might constitute starting legal proceedings; certainly, I am sure that Acenden would argue that it does. If you haven't already tried complaining to the FOS (which is free, and the FOS has upheld some complaints), it would be a pity to cut off that option entirely, by mentioning legal proceedings in this letter of complaint to Acenden, SPML, Eurosail.

I sent the letter off on Saturday to spml. I haven't complianed to fos as I haven't had a response from them yet. Could I try that before taking them to court

I sent the letter off on Saturday to spml. I haven't complianed to fos as I haven't had a response from them yet. Could I try that before taking them to court

Yes. But in your covering letter to the FOS, make it very clear that you have not yet initiated legal proceedings and that you are making a complaint to the FOS in order to exhaust all other alternatives to going to court (as everyone is expected to do - litigation is meant to be a last resort). As I say, the FOS will not consider a complaint in which legal proceedings have already started.

if they fob you off you go to the FCA cruz

They should receive letter today. I will come back when I have a response. But I thought the fos won't deal with it and would have to take it to the fca as they are the only ones that would take it on

For Information

SPML has 4 employees Lee Brandon Sole Director and a Anthony Mines CFO and apparently 2 other employees of whom haven't been named, this is from Jan 2016

Correct the registered address is c/o PWC 10-18 Union Street, London and Anthony Mines was a former employee looking after the SPML account when Lehmans Group went into liquidation.

Acenden Administer the SPML and Preferred mortgages for Eurosail and BNY the Trustee of the Mortgage Pools.

They should receive letter today. I will come back when I have a response. But I thought the fos won't deal with it and would have to take it to the fca as they are the only ones that would take it on

Others have managed to get some sense out of the FCA - I couldn't - and you might, too. But I am sure the same would apply, about legal proceedings. The FCA wouldn't be able to consider your complaint if legal proceedings were already started.

SPML has 4 employees .

No. You have not read SPML's own accounts filed at Companies House.

No. You have not read SPML's own accounts filed at Companies House.

I actually have and had them explained to me also read Eurosails

Looking through my original mortgage application docs

I have come across additional information sheet

could some explain in layman terms what exactly this means please.

XXXXX is my partner and lives at the sercurity address with me.

Their security is my asset from before our relationship.

Thanks in advance

the house?

The house was mine before we were together??? Strange! I originally bought this house in 2001 we had a baby that year and we were married in 2003. Her madien name is on that paperwork.

The house was mine before we were together??? Strange! I originally bought this house in 2001 we had a baby that year and we were married in 2003. Her madien name is on that paperwork.

It looks as if they were trying to save themselves the trouble of having to find out - in the event that they start a possession claim - whether or not your partner had any rights to the property (the "security").

So how would that work. We were both living together from 2001 my name solely on the original morgage this was a remortgage in 2006 and we had been married 3 years by that point. So surely she would have had some right there? and more to the point why is her maiden name on there? Bizarre or what?

So how would that work. We were both living together from 2001 my name solely on the original morgage this was a remortgage in 2006 and we had been married 3 years by that point. So surely she would have had some right there? and more to the point why is her maiden name on there? Bizarre or what?

Dunno, not enough to go on. Whatever their reason for doing so, it is likely it was to make things easier for themselves in the event of wanting possession. As they have used her maiden name, maybe it was to give the impression that she was a commonlaw wife; I am not up to date on these things but I know that for the past 20 years or so no spouse can lock out the other spouse. Commonlaw wives may not have that protection in law.

The 14 days were up on the 20 Nov. I've had no response at all. Where shall I go next with this charges reclaim? Fos? FCA? FSCS, Or court route??

Personally i would take the court route, FoS wont be intereted it was FCA back then and if successful will only recover 8% interest max.

Court opens up the option of compound interest and in most cases is much quicker than FoS/FCA

How do I go about issuing a claim with the court? What are my chances here? Letter befor action first though?

LBA first yes if you havent already done that.

Which of them are you claiming against or is it all 3?

You should reclaim from whomever added the charges.

Spml are on all statements. So I've gone for those. However I get letters from Acenden.

Ok well its spml then to issue the claim to.

LBA, wait 14+2 days, if no response, issue N1, via MCOL

Unless you are entitled to fee remission, mcol is easier to issue claims through