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Suetonius

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About Suetonius

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  1. Sorry to do it this way but I thought it best to post now so that others can also add to it etc, just in case I don't get time over the next couple of weeks.... Good luck Slgsue
  2. I am currently working on implementing the FSA notices in relation to GMAC etc into this letter, combined with · Amount of Charges FSA Handbook “MCOB 12.4 Arrears charges: regulated mortgage contract MCOB 12.4.1 A firm must ensure that any regulated mortgage contract that it enters into does not impose, and cannot be used to impose, a charge for arrears on a customer except where that charge is a reasonable estimate of the cost of the additional administration required as a result of the customer being in arrears. MCOB 12.5 Excessive charges
  3. · Distress and Inconvenience I consider that the way in which SPML initially dealt with my complaint and the way in which SPML has failed to respond to the view issued by (Adjudicators Name), is in breach of its obligations under DISP 1.4.3 and 1.4.4 of the FSA Handbook which states: “DISP 1.4.3 The respondent should aim to resolve complaints at the earliest possible opportunity, minimising the number of unresolved complaints which need to be referred to the Financial Ombudsman Service. DISP 1.4.4 Where a complaint against a respondent is referred to the F
  4. Application of Arrears Charges and Legal Fees As clearly evidenced by the frequency of the charges applied to my account, SPML was unambiguously aware that I was experiencing financial difficulties. I consider that there are a number of steps SPML could have taken to avoid continued charges being applied to my account. However, SPML failed to enter into meaning full dialogue to comply with its obligations under MCOB 13.3.2A. “2A firm must, when dealing with any customer in payment difficulties: make reasonable efforts to reach an agreement with a customer over the method o
  5. In case you wish to proceed with the FOS, I have started writing a final submission to the Ombudsman that you could use.... I don't have much free time at the moment, so I will post bits and pieces as and when I can. (Date) (Adjudicators Name) The Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR Re: (Your Complaint Reference Number) Dear (Adjudicators Name) Thank you for your letter of (date of letter). Whilst I welcome the conclusion of your investigation, I was disappointed to learn that Southern Pacific M
  6. Here you go peter http://www.fsa.gov.uk/pages/Library/Policy/Policy/2010/10_09.shtml http://www.fsa.gov.uk/pubs/policy/ps10_09.pdf
  7. Has Acenden provided either you or your Solicitor with a redemption statement ?
  8. Hello intheblack A thread has been created for you http://www.consumeractiongroup.co.uk/forum/showthread.php?305900-unregulated-loan-getting-confused It is impossible to answer your questions in relation to CCA requests and the OFT comments in regard to enforceability without further details, as the CCA might have nothing to do with your loan......
  9. Hello Slgsue Congratulations on getting this far... Good to see that the Adjudicator considers the arrears charges applied by Acenden (in these circumstances) to be unfair and that he/she considers that they should be refunded. In deciding your next move, do you know how much approximately all of the charges including interest and legal fees add up too ? Sorry if you have said this before but is this for a first charge or a second charge loan? If it is a first charge did you apply for it after 31 October 2004 ?
  10. Hello intheblack Do you have your own thread ? Just a few questions.... Who is your lender? Was it a first charge or second charge loan? When did you apply for the loan? Different rules apply to different types of loans and these rules vary depending upon dates and amounts...
  11. Hello Celtic There is another option, which Acenden did not mention in the letter sent to you. That option being that as Acenden incorrectly calculated your payments and that you subsequently made the payments in good faith, Acedenden is wholly responsible for the mistake and therefore it should writeoff the shortfall balance, in this instance £1,155.51... Now this may sound too good to be true. However, as published in the Financial Ombudsman Service News publication (issue 88 ) in August/September 2010: http://www.financial-ombudsman.org.uk/publications/ombudsman-news/88/88-mo
  12. Hello Sue Ask the Adjudicator for a copy of the letter that he/she has sent to them ? They can email it to you... You need to know what it is the FOS have asked them to do, so that you can make an informed choice about your next step..
  13. I would save your money, you don't need a contract law solicitor. The answer can be found via google. Of course none of this helps with your problem in obtaining details of your transactions.... You could make an official complaint to the ICO and once the ICO write to them requesting information relating to your complaint, it may give them a kick up the backside and a wake up call to send you the information you have requested
  14. Hello Mrz Have you spoken with the ICO ? Might be worthwhile giving them a quick call and see what they have to say. http://www.ico.gov.uk/ Helpline Call us on 0303 123 1113. Our helpline is open from 9am to 5pm, Monday to Friday. If you would prefer not to call an ‘03’ number, call us on 01625 545745.
  15. The FSMA only applies to new first charge mortgages after 31 October 2004. Your mortgage as I understand it was for £56,000 and you applied for it in 2000. The reason that your agreement is not regulated by the CCA is because of the date of the agreement and the amount you borrowed. Before the implementation of the Consumer Credit Act 2006 and its amendments to the Consumer Credit Act 1974, credit agreement in excess of £25,000 were exempt from regulation. However, following the implementation of the Consumer Credit Act 2006, this financial limit was removed (except in limited circum
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