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    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
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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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