jasperpad
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My mortgage is with the dreaded SPML/Capstan/Acenden and my mortgage rate is supposed to be based on the Libor rate. As we all know this was fixed and the banks were fined. My question is this; How does or can this affect me and my mortgage? Does this mean that I am owed anything back from my "lovely" mortgage lender?
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This so helpful THANK YOU!! I have downloaded it and printed it out and am reading it.
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Because the mortgage is due to end next May 2016!
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I have re read the letter offering the paltry sum but haven't got to grips with it properly yet. As soon as I am able to I will post a copy of the letter and if needed copies of my letters. Should I refuse their offer and go for the jugular? with regards to the legal costs I will look into the contract as I do know they charged ME when I took them to court and won (minor victory in making them change my payment date from the beginning of the month to the 28th)
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the name on the Claimant is Southern Pacific Mortgages Limited. By Failing this means that they have not been able to take my house but it has been at a cost due to SPML/Acenden making me pay more than my actual real pension, this has left me having to continue to work as well as my wife having to work too just to make ends meet. there seems to be a lot of weird things going on as in 2012 my interest rate was 4.05% and the amount I was to pay was £706.62 the rare is now 3.56% and the payment is £720.53 any idea why this could be???
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the mortgage started in 25th May 2007. And the times I was taken to court for re possession was in 2010 and we were given a suspended possession. I will say that I have been a bit late or missed the added amount of £74 per month to make up the arrears. (The mortgage finishes in May 2016). Is ther any rules that say that the mortgage MUST be completed by the due end date? they have pushed me into paying £250 per month more than was originally ordered by the court, this is obviously putting a big strain on my finances as I reached retirement age in January 2015.
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Hi I have just received a letter from SPML/Capstone/Acenden in reply to my two letters requesting the return of unfair charges. I have read it once and need to re read it again to fully understand their stance, but they have agreed to refund of £515.00 but I am claiming over £2500 including what I believe is really unfair practice in that they have already tried to re possess my home three times and failed each time, and for every legal cost they have applied they have put them onto my mortgage which I firmly believe is totally wrong. this increases their interest which is added to the legal costs! They also state that they are only allowed to go back 6 years, (my mortgage was taken out in 2007), can anyone say if this is right as I do know that in most cases this is correct but think I read on CAG somewhere that this is not true for mortgages. Once I have re read the letter properly again I will do one of two things; 1. post a reply explaining that they have said and if needed 2. upload a copy of their letter. When I sent my claim I included a spreadsheet as downloaded from CAG which works out the amount and the interest so they are under no illusion of what is in reality, owed! I also demanded that they remove the legal costs from the mortgage and send a complete breakdown of the legal costs and their reply was to say that they were unable to do this as this is not their duty. One of the legal costs was due to ME taking them to court to change the date of my payment date and they CHARGED ME for their costs and I will be demanding this be removed too. As for the other parts of this thread I will be joining the few and become a member of the group who want to send a petition in to whoever it needs to go to. Any help with my situation or advice will be very welcome.
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Hi. I amnot sure exactly what you mean by this. do you mean the legal cost interest ? or the actual charges against the arrears? thanks for your help it is really good that people are helping everyone as I try to do when I can (not often enough!)
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I am not challenging the charges as such but the fact that they have been added to my mortgage. this obviously adds interest which is what I think is unlawful, for example if I go to a company and they carry out some work for me and then sends an invoice they are not allowed to add interest as soon as the invoice is sent. There is a point that the actual mortgage contract is created in SPML's favour making it an unfair contract biased in their favour in that if I take them to court I have to pay their costs regardless of the outcome.
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Hi All I have been going through my mortgage statements from SPML/Acenden and found that when they took me to court and a few other times threatening to evict me (failed every time) I now find that they have added their solicitors costs to my mortgage! I am not sure but surely this is both wrong and unlawful as this would mean that they are charging me interest on their costs! the total amount is in the region of £2500 plus I have also found out that my mortgage was mis-sold to me due to the fact that I was self certificated and no checks were done just a cursory note of my last two months income and also that the mortgage was due after my retirement age 5 months ago (it has 13 months to run) and they are pressuring me to pay more than I can really afford but need to keep my home! I have downloaded the mis-sold templeate but not sure about the solicitors fees as I did take them to court once and they charged ME for their costs even then! I am fed up of being pushed around and want to push back and maybe get some of the unfair charges back for unfair fees (letter sent, and the are taking a hell of a long time to reply) and interest on the arrears. Any suggestions will be very welcome even if its to say I am out of luck.
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I want to start a new thread can someone either getiut started for me or tell me how to start a new thread? There isn't a blue box anywhere to make the atert! I want to start a discussion about what I believe are unlawful charges on my mortgage e.g. solicitors fees added the the mortgage. Thanks in advance george
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Aplins/Hillsden claimform - Black Horse Loan 'debt'
jasperpad replied to jasperpad's topic in Financial Legal Issues
I have not sent a defense yet but today I received a court date. I am a bit confused because in the claim it says that the debt was assigned and in another part says it was sold!! I am not sure how to defend this right now. the date of the hearing is supposed to be 18th March but the claimant has requested judgement without a hearing, I do not want this as I am unable to pay the money as I am now on state pemsion. I was paying a nominal amount to Black Horse and they just sold my debt on and returned my last payment. I do feel that I have been "done over" in that I was happy to continue to make the payments to Black Horse but not to someone who has probbly paid between 10 and 20 p in the pund for my debt. I do not acknowledge this debt to Hillseden but do to Black Horse, (are they related?). any advice will be very much apreciated. -
Aplins/Hillsden claimform - Black Horse Loan 'debt'
jasperpad replied to jasperpad's topic in Financial Legal Issues
Hi I ahve received the credit agreement which is exactly the same as they sent with my SAR. The form states that my agreement is with Black Horse. What do I do next? I have not sent a reply to the county court claim apart from asking for an extension to the time. -
Aplins/Hillsden claimform - Black Horse Loan 'debt'
jasperpad replied to jasperpad's topic in Financial Legal Issues
Hi All Aplins have sent is the credit agreement plus a sheet showing what they have as their telephone conversations with me I at no time spoke with them always saying that I will not go through their supposed security questions. I have always asked if they can prove who they are and at no time were they able to do so, in the same way that they could not prove who I am!. As you ask I have not sent a CCA request but this will be put right immediately. -
Aplins/Hillsden claimform - Black Horse Loan 'debt'
jasperpad replied to jasperpad's topic in Financial Legal Issues
I have received a reply from Aplins with the paperwork. What is a CCA or CPR? thanks -
Aplins/Hillsden claimform - Black Horse Loan 'debt'
jasperpad replied to jasperpad's topic in Financial Legal Issues
I have sent a reply stating that I do not acknowledge the debt and I have sent a SAR which could take up to 40 days and have asked for the court case to be postponed for this period until I get their reply which has arrived. -
Aplins/Hillsden claimform - Black Horse Loan 'debt'
jasperpad replied to jasperpad's topic in Financial Legal Issues
the date is 08 October 2014 -
Aplins/Hillsden claimform - Black Horse Loan 'debt'
jasperpad replied to jasperpad's topic in Financial Legal Issues
Claimform date : 08 October 2014 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. From the claim form; “The claimants claim is in respect of a credit facility, provided by Black Horse Ltd at the defendant’s request on 16/03/2006. Failure to meet requests for payment resulted in the account being defaulted. On 30/07/2013, all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The defendant was duly notified in writing of the assignment and that a balance of 3947.38 was due. The balance of 3942.28 remains owing from the defendant. What is the value of the claim? £4208.00 including fees of £265.00 Is the claim for a current or credit/loan account or mobile phone account? Loan When did you enter into the original agreement before or after 2007? 14th March 2006 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. No the claim has been issued by Aplins on behalf of Hillsdens not Black Horse Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I can recall. Did you receive a Default Notice from the original creditor? Yes. However I spoke with Black Horse as soon as I got into financial difficulties and they agreed that I could pay the monthly sum of £5.00. The next thing I knew was that Hillsdens contacted me to say that they owned the debt. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? “I am not sure” Why did you cease payments:- “because my debt is/was with Black Horse”. Was there a dispute with the original creditor that remains unresolved? “Not that I am aware of”. Did you communicate any financial problems to the original creditor and make any attempt to enter into a DMP “Yes as stated I spoke with Black Horse and they agreed a payment plan of £5.00 per month which I managed to comply with”. -
I have sent the SAR and received it showing my name and signature. My question is this; if I borrowed the money from Black Horse, surely my debt is with them and no one else. I am also a bit peeved as if the SOLD the debt to Hillesden, then Black Horse has decided that this debt is a bad debt so got rid of it and as such have put the amount . .. some £3900 against their annual tax and I assume Hillesden paid between 10 p and 2p in the pound to buy the debt. My question is who is the debt with? I believe it is still with Black horse which makes Hillesens claim irrelevent. Am I right?
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Letter sorted and about to be sent
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Only that the solicitor told her/us that she could lose, and that more or less at that time he changed the terms but we have no letter of engagement or contract just the invoice. There is one other point; he received the other sides defense on the Thursday prior to Easter and due to that time he didn't contact either of us to collect it so the first we saw was on the day of the Tribunal which was the Tuesday immediately after Easter right before we went into the hearing .. well about 30 minutes before, ... no time to really read it all or make any form of decsion. To say that we were disapointed does not even come close to what I (and my wife) actually felt, plus his performance left a double decker bus to lose he was worse than pathetic but that isn't anything we/she can do about that. I am not legally trained but I couild have asked questions and he asked more or less nothing.
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the pressure was all due to the fact that her ex employer was trying to get her to droop the case by implying that she was at fault. The only amended terms were that he said that he belived that she would lose! As explained his terms stated that if we disagreed with his thoughts he could change the terms, however we AGREED with him more or less saying that we understood that every case is one where we could either win or lose it always depends on the day! As also stated we have NO engagement of terms for the invoiced period but do have a contract that is the NWNF terms.
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Nothing! nor was there any communication from December 2010 until then!
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HI This is based upon the fact that the solicitor did not follow up until March. Unfortunately my wife has had an ongoing illness that has taken our time and is now fine after a small hospital operation. I have gone through ALL of the correspondence regarding this situation and the only things I am able to find is a copy of his contract which is the No Win No Fee contract. We have no engagement letter that I am able to see ( I am not sure if one stating what he is going to do and what my wife had to do is one which is one we have). The case started as a legal aid one and when that money ran out he offered the No Win NO Fee which she accepted. There is one paragraph that states “We can end the Agreement if we believe that you are unlikely to win and you disagree with us. You do not have to pay anything”. My wife agreed that she could lose but wanted to continue to which he agreed to do with no indication of any form of fee. when he felt that my wife was really going to lose and when she was under a real load of pressure and duress he then changed the terms of the contract. To which due to the pressure she was under she agreed. She does not have any form of written contract with the solicitor for this, but does have one for the no win no fee. The main fly in the ointment that I can see is that she has already paid £320 towards the wrongful invoice (which we do have, showing no disbursements). But I did try and explain to her that I did not think she should pay due to the no win no fee situation. I have drafted a letter stating her points. Any help or information would be very welcome
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