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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Acenden, Spml, Eurosail, Ge money. Are these all same company?


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Hi

 

I pay smpl on Morgage but they are Acenden now.

 

I've just sent them a Sar in the hope of reclaiming charges as I know I was in arrears about 7 or more years ago with capstone what's my chance of success here?

 

I've just noticed they have cashed the cheque and £10 has been credited to my Morgage account.

 

Is this normal practise?

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the rest are all linked but not GE money

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

I pay smpl on Morgage but they are Acenden now.

 

I've just sent them a Sar in the hope of reclaiming charges as I know I was in arrears about 7 or more years ago with capstone what's my chance of success here?

 

I've just noticed they have cashed the cheque and £10 has been credited to my Morgage account.

 

Is this normal practise?

 

Responding to S.O.S

 

They can actually do what they like with the £10.00 as long as they :-

 

a) fulfil the request for your Subject Access Request within the specified time of 40 calendar days and

b) do not try to say that you have made a payment to your account.

 

It is an unsolicited gift from them to you.

 

You might want to drop them a quick note along the lines of.

 

Dear Sir/Madam

 

Subject Access Request DATED

Account references...

Name

 

On DATE, I sent a Subject Access Request to your Data Controller. Enclosed with that request was the legally required fee of £10.00.

 

It has been noticed that you have applied that fee to the mortgage account - I would remind you that the fee was for the Subject Access Request onlyand for no other purpose and you are obliged to provide that to me within 40 calendar days.

 

Please confirm that you have made a gift of £10.00 to the mortgage account and are in the process of providing the Data I have made a legal request for.

 

Regards,

 

CruzHughes

Keep an eye on the date so know when you need to start jumping up and down if they don't provide the data on time.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Brill thanks.

 

Are they known to to provide data on time?

 

This Morgage has 10 years left to run and I had not realised its interest only.

 

I still owe 70 grand

 

when I first bought house it was for around 45.

So as you can imagine I need to find out what's gone on..

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I have no knowledge of this company and their response times to SAR requests. Perhaps have a quick look at other threads where someone might have sent SAR to them.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Getting any money out of Acenden is an uphill battle, but it's always worth having a go. Let us know when you get the SAR info back and we can advise further.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Yep sadly that's about par for these fleecers

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You are not the only one they have done this to.

Applied the wrong repayment figure.

Get ready to complain to the Financial Ombudsman Service when you have your documents from Acenden.

 

Acenden is a "mortgage servicing platform" that was bought out of administration in 2015 by the global equity group BlackRock (from the Lehman Brothers liquidators PwC).

 

SPML is no longer, since early 2009, the beneficiary of the legal charge (the mortgage) of any SPML-originated mortgages.

 

Eurosail is a Special Purpose Vehicle created by Lehman Brothers

- there are several Eurosails

- to which SPML "sold" its mortgage assets, all of them,

while retaining the ownership of the "title" (the brand, as it were)

because the sales were not "perfected" except in the case,

apparently, of second-charge mortgages:

 

 

these Barclays Bank required the sales to be perfected, if it was to continue providing payment processing facilities.

Eurosail is the beneficiary of the legal charge.

 

Acenden will probably fulfil your SAR quite quickly but may omit stuff that makes them look bad.

 

Edited to add:

you can verify all this, above, by reference to documents lodged at the Irish Stock Exchange and available on-line.

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Capstone was Acenden's old name.

I think you probably paid SPML, not Capstone.

 

 

You are doing the right thing, starting now.

 

 

Someone else on this forum didn't start until one month before the end of the term of the mortgage,

and he had most of it still to repay (because they had applied the wrong repayment figure).

Which was probably too late.

 

 

You can start collecting all the information you will need: eg bank statements

- if you no longer have these, ask your bank for copies. (Bank may charge for this.)

 

Also recommended is making a screen capture every day of your loan account page on the Acenden web site.

 

 

They do sometimes double-charge and, unless you have contemporaneous details of when that happened and how much, it would be almost impossible to prove it later.

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It's ridiculous

there's £268.00 going in and £234. Going straight back out in interest?!

 

I can go back to 2007 cos I changed banks and I've been with the same bank since then.

I don't live there anymore.

 

But I want to gets all the facts straight before I go to solicitors to sort financial side out with ex.

 

As she seems to have run up an awful lot of debt in my name and she thinks I haven't a clue.

 

Gathering a lot of evidence over a good few things at the moment and its frying my brain.

Have a look at my other threads. :!::shock:

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Hmm,

so they expect you to pay for a certified copy of your own signature

- in what other way have you had dealings with this company?

 

 

Because they will only require proof of your identity if they have not had any dealings with you for a long period.

If they have provided any other sensitive information to you over the past say, 18 months then they are stalling ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Weird ain't it??

I rang them the other week to query arrears and they send statements to my adresss regularly

and have done so each time I moved after I left marital home house with mortgage on.

 

 

How do I word that they don't need my signature to proceed with my straightforward sar request?

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Well My honest opinion (and this will be disagreed with) is that it is perfectly acceptable for them to ask for ID in my thoughts.

Page 19 - Booklet below.

subject-access-code-of-practice.pdf

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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if you read the sar thread in its entirety

its advisable to list your old addresses

and

include a copy of your current CTAX demand as proof of who & where you are now.

 

you must sign an SAR too

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It's ridiculous

there's £268.00 going in and £234. Going straight back out in interest?!

 

Save your anger and energy for extracting yourself from Acenden. They seem to have done this sort of thing to thousands, and from what I have seen to me it looks like deliberate policy not honest error. Anyway, you are not expected to be a financial wizard checking their figures; they are obliged by law to get it right first time and never get it wrong. But it may entail a lot of work on your part.

 

When you have the information from Acenden - in particular the audit trail of your account - find a calculator on the web and put in what you borrowed, at what interest, what you repaid and when; these calculators also tell you how much you should have repaid every month in order to clear the debt within the period of the loan.

 

This is from 2013 but still relevant.

 

http://www.iii.co.uk/stockmarketwire/90297/cml-help-interest-only-mortgage-borrowers

 

Has Acenden ever written to you about your plans to ensure you can meet your contractual obligation to pay this off when it reaches maturity?

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This is from 2013 but still relevant.

 

http://www.iii.co.uk/stockmarketwire/90297/cml-help-interest-only-mortgage-borrowers

 

Has Acenden ever written to you about your plans to ensure you can meet your contractual obligation to pay this off when it reaches maturity?

 

Nothing other than when I logged on to website it said that!!

 

"It's ridiculous

there's £268.00 going in and £234. Going straight back out in interest?!"

 

Where's the other £34 going then?

Hopefully I will find out when I get sar.

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  • 4 weeks later...

Received sar back.

There are phone transcripts with parts blanked out.

 

Most of paperwork is to do with buildings insurance that I've been paying over 400 a month for.

 

What should I be looking for?

 

There are a few letters where they have credited the account as They were saying I'd been overcharged for letters

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£400 a month?

a year surely?

 

 

penalty charges...fixed sum like £25 etc

letter/phone/dd return/debt management /arrears...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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