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    • An update to this case as I’ve not been on in a while.    I am still awaiting a charging decision in the case. The two police officers involved have said their personal belief is a section 47 ABH charge is the most likely outcome but this isn’t a sure thing of course.    The EA certificate from the issuing court has now lapsed. The court have refused to recertify him until they’ve had a hearing in to the case, and the district judge has issued orders to surrender all evidence, footage, photos etc.    I have done so promptly.    the EA, not so much . Equita have claimed they cannot provide his bodycam footage as the camera he was wearing is the EA personal one not one of theirs.   the EA has claimed he has asked Equita and the police for the footage as he claims he doesn’t have it.    the police have confirmed they didn’t seize his camera and they don’t have it.    so they are basically pointing the finger at each other all the while failing to comply with the district judges order to provide all evidence they intend to rely on at the rescheduled hearing.    The district judge has stated the hearing for his certification will NOT be the hearing for my complaint as there is no charge as of yet, and just as to whether he should be recertified or not.    I’m not 100% on why that can’t be done at the time, but I’m not about to question a judge…..      
    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
    • Please see my comments in orange within your post.
    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.   House or Flat? Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Again, points as above. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Redact and scan said evidence up for others to look at? Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. So this is dealt with then. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
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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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