I don't think you'll have any trouble stopping the eviction

Hi Ell , is it worth sending the letter we received from Acenden last week saying that they cannot Capitalise the arrears or change us to an interest only mortgage.

I believe this letter also says that unless a lump sum is received the eviction will take place.

I'd take every single thing you have from Ascenden showing how intractable they are in this case.

Any evidence that you have been trying to negotiate and they have refused is useful.

HI Ell, just to let you know the hearing is on Friday this week , will let you know what happens.

Thanks

Nicurro

Thanks for letting us know - if you need to ask any questions about the hearing on Friday we can advise.

Hi Ell , just to thank you for the help , on Friday the judge suspended the eviction which is what i was hoping for , he wasn't impressed with Acenden as they didn't even bother attending the hearing.

Thanks again

Nicurro

That's great news - well done

Hi , sorry for not updating earlier.

The court decided to suspend possession again .

Before i went to court i phoned Acenden to make a £1400 lump sum payment , they refused to accept the payment unless i told them where i had got the money from as this was a new Security question even though i had answered the three security questions at the start of the call.

As i had already lodged a complaint with FOS i phoned them to explain what Acenden had done and that i felt it was unfair treatment, they agreed and also said it sounds like they are accusing me of money laundering.

My FOS compalint is about unfair treatment of customers in arrears and this surely backs it up , the complaint is in the latter stages now and my MP has written to them explaining that companies need to be brought to task for not following guidelines that have been set by the FSA / FOS or any other governing body.

I will update again when i get more info ......

Cheers

Nicurro

What utter rubbish.. security questions.. they were hoping you had received a windfall or someone had bailed you out and were hoping to put pressure on you.

I am pleased the Court has suspended the order again.. Hopefully you can now sort this out.

Leah mentioned you being able to spread the arears over the outstanding term of the loan.. have you made any moves to suggest this ?

The Norgan case law(spreading arrears) was quoted in Nicurro's N244 statement for the hearing to defend eviction.

Hi , as Ellen said i proposed an extra £50 on top of the mortgage payment which was accepted by the Judge. If i asked for the arrears to be spread to the end of the loan it would have been £26 / month on top.

Everything went through really easy at Court as they didn't even attend the hearing.

Thanks to Ellen for all the advice and help it was really appreciated.

Nicurro

Hi , had a long battle with these to keep my home and wondered if i could get the suspended posession removed as they claimed the wrong ammount of arrears.

This is now obvious as they now list Charges seperate to the arrears ammount.

When we went to court they combined the two and the Judge accepted the figure without listeneing to me about this.

I now have an arrangement in place to pay off the arrears but the charges figure is not being reduced by the payments i make as i am stretched already financially.

The FOS refused my claim for unfair charges / unfair treatment but i feel that this was wrong for them to do this.

If i could get the order removed it would be a good result for me.

Any thoughts please.

Nicurro

Once you have cleared the arrears and kept the account in good order for 6-9 months thereafter, you can apply to the court to have the SPO discharged. It won't happen whilst you have arrears on your account.

If you are not happy regarding the FOS decision on your charges, then you should appeal, or proceed straight to court (you'll find umpteen threads about reclaiming charges on the forum, so look around and take your cue from those.)

how is it going nicurro? you have not posted for a while? Are you checking on the Default fee account that any payment you have made on the arrears is in fact being credited to the right account?

Hi , a few weeks ago I received a letter from SPML saying that they are refunding charges to my account that the FCA have said were too high. The charges relate to litigation management fees + 8% interest.

The period covered is 2009 - 2012 .

Is the FCA looking into any other unfair charges or have they already done this ?

I have been having trouble with Acenden since 2010 with the amount of charges they have put on my account and also the way I was treat when in need. They have constantly added charges to my account which are higher than the agreed SPO so the outstanding balance for arrears and other charges has not come down since the SPO was agreed.

Also , when they applied for the SPO they quoted the total sums in arrears , now some of these amounts are seen by the FCA to be unfair , would this be grounds to have the SPO removed ?

I really would like to reclaim all of the charges they have put onto my account over the years , Are the FCA still looking into SPML & Acenden about the charges they put on people's accounts ?

If anyone could advise on the way forward from here and also the best way to complain about the unfair treatment I received when in need I would be grateful.

Nicurro

Hi Nicurro

We wrote to Acenden, about 5 weeks ago requesting reclaiming back certain charges. This is from 2008 to 2010. This incudes several SPO"s etc.

They then wroetcback saying 'they were looking into it ' yeah and pigs fly. I don"t beieve a word of it.

A letter to Tracey Mcdermott of the FCA has been written. We wrote to her about 3 weeks agp.

I know for a fact this toxic company as well as their administrators PwC (Price Waterhouse Cooper) will not 1. Refund any monies or 2. The amount that they reluctantly do refund will be derisory.

I believe our final outcome will be that the FCA will make them refund the charges, which have now, obviously been made statutory.

I hope this helps Nicurro.

Hi ,

Thanks for that stephenpaul1701, does that mean I just need to write to the FCA and wait to see what happens ?

Do I need to complain to Acenden about unfair treatment and to also claim charges back?

Nicurro

Yes, write to Tracey Mcdermott.

Do NOT WRITE to Acenden or their administrators. All they have ever done is lie. Inflating fees/charges when it was"nt warranted.

I know all sub-prime lenders are the same, but Acenden are the worst as they have NEVER been fined by the FOS. They had the ability or know-all of slipping through the financial net.

We will let the FCA deal with them, because from every letter they have sent, from past experience they have no intention of playing ball.

Regards.

Can you advise on the content of the letter ?

Do I give a complete history of the treatment I have received , the charges that have been put on my account ?

Any help appreciated

Nic

Yes, write to Tracey Mcdermott.

 

Do NOT WRITE to Acenden or their administrators. All they have ever done is lie. Inflating fees/charges when it was"nt warranted.

 

I know all sub-prime lenders are the same, but Acenden are the worst as they have NEVER been fined by the FOS. They had the ability or know-all of slipping through the financial net.

 

We will let the FCA deal with them, because from every letter they have sent, from past experience they have no intention of playing ball.

 

Regards.

Hello Nic,

Sorry I made a mistake in my last post.

You must write to Acenden and. give them a list of all fees, charges, etc they have placed on you.

Also, if they don't reply then write to Tracey McDermott at the FCA.

When. you send the letter to Acenden, do so by recorded delivery, as they will probsbly deny receiving your letter, and let the FCA have a copy of your recorded delivery slip and proof of delivery

If you want anymore information please let me know.

Stephen.

Hi ,

In 2010 I fell into arrears with my mortgage , my credit file was updated with the late payment status. I am now paying my mortgage on time and have been for a number of years , should my credit file show this or should it still show that payments are late ?

Any advice welcome

Nic

Those payments that were late until you caught up with the arrears will remain on your credit file until six years after the mortgage account is closed

After you caught up the repayments will be marked in the green as up to date

If you are still catching up then they should be marked with AP

Or arrangement to pay until you have caught up

Hi,

I am looking for advice on how to complain about unfair treatment by Acenden/ spml a number of years ago now and also how to claim unfair fees back from the same.

Does anyone know of any recent sucessful claims for mortgage fees from these companies ?

I would also like for the ombudsman to look at the history of my mortgage to see if missed payments add upto the amount quoted on my re-mortgage as I believe that when Acenden / spml received a suspended possesion order the arrears quoted were made up of payment arrears & mortgage fees.

Due to an illness in 2010 I was desperate to keep my house and agreed a re-mortgage with Acenden,

at this time I was in no position to check if their figures were correct,

I just believed them that they were right and still do to this day.

I remember that there was around £7500 owed once the re-mortgage had been completed which was hidden in the mortgage agreement.

Needless to say I was in despair when they contacted me a month later to ask how I would pay it.

I feel I have many issues besides this to write about but I am also in fear of what Acenden might do if I complain.

I have wanted to complain for a number of years about the treatment I received but have never done it and now I feel that the time is right.

Appologies if this doesn't make complete sense but I can feel my anger building up the more I think about this.

If anyone can advise me on the best way forward I would appreciate it.

Nicurro

Hi Nicurro, firstly calm yourself down, it wont help if you cant focus through anger.

Now, do you have all the statements from day 1 and all the paperwork from the remortgage and subsequent statements?

Has the mortgage always been with SPML/Ascenden?

Hi,

I am not sure that I have all the paperwork and statements since the start of the mortgage, I think that the mortgage has been with spml for at least 8 years maybe longer.

Nicurro