I'd explained I did not make the offer they're saying I did but they just seem to be ignoring it and taking SPMLs word over mine. I'll have some time later in the week to provide them with a fuller response. What I can't fathom is why the FOS seem to be saying that it's OK for lenders to ignore the mortgage code and can apparently set charges at whatever they like despite rulings against other firms for very similar charges.

Looking for some tips. The FOS have proved to be fairly disappointing. 1. They are claiming I made a payment offer that I did not in fact make and claiming that as I broke the offer (i never made) it was ok to impose charges. 2.Apparently it is fine to refuse to change payment dates and impose charges because someone can pay but can't pay on the 1st. 3. SPML don't need to amend my credit file as the charges (even those refunded) are fair. 4. The level charges are set at is apparently a commercial decision and are a reasonable reflection of industry costs. They have agreed to refund £1010 in charges plus interest but that's it. I have emailed back asking that the case now be looked at by the Ombudsman. Any suggestions for getting the rest of the charges refunded.

Response received from adjudicator. SPML are offering £981 in full and final settlement, which I have declined. Still it's amazing what the mention of the FOS can do. We've gone from there being no possibility of changing my payment date to a changed date and ALL the charges being fair to a concession that some of them were not. Unfortunately they have not made any reference to amending my credit file or refunding interest. Fingers crossed the FOS get's them to put things right.

Hi, I initially tried dealing with them directly but they responded to my letter by sending out copies of my file and a final response! No discussion, no offer, no nothing. It's appalling that you ended up having to sell your home and utterly shameful how this company have been allowed to behave. I hope you end up getting more than £140 back without having to go through the fos but if you reach the end of the line with them, don't give up. The more complaints recorded against them the better.

At long last I have received an acknowledgement from the FOS. They have contacted SPML and hope to get back to me within twelve weeks. Fingers crossed!

No I just did it through standard post. I have copies of everything so if I don't hear anything by the end of next week I'll re send by recorded delivery.

Just woke up this morning to find a letter from our chums at Ascenden had arrived. Curiously after five years of refusing to change my mortgage payment date......they have changed my mortgage payment date! I'm relieved that this means I won't be hit with a monthly charge of £65:00 for paying 'late' but still somewhat cheesed off that I have paid charges running into thousands which in part have been down to their refusal to change my payment date. Naturally they've not made any mention of refunding me so I'll just have to wait for the FOS getting back to me on that. On the subject of the FOS can anyone advise how long they normally take t acknowledge receipt of your case? I sent everything off to them about a month a go and to date have not received a response.

That is appalling! Follow Ell-enn's advice re the court action they're taking as obviously that's the priority just now. However I would strongly recommend going through their complaints procedure and then putting a complaint into the Financial Ombudsman's Service to try and recover these charges. It might also be helpful for you in court if they can also see there is a dispute on the account with regard to charges and the true arrears. With regard to my own situation i received a letter from them today asking me to contact them urgently to discuss my arrears. Hell will freeze over before I talk to them on the phone and in any case I have once again cleared my payment arrears and paid a total of £189 to my charges this month. Next month they'll get the same again and so on. I'm just crossing my fingers the FOS rule in my favour and fairly quickly. I grudge every penny I pay over my CMI knowing how badly I have been ripped off.

Good luck Leo1. They are a terrible company. Mind you their incompetence worked quite well for me recently. I didn't do a SAR. I just wrote a letter querying the level of charges applied to my account and stated that I felt they were excessive. I got a couple of standard acknowledgements, then a massive envelope containing all statements, charges etc with a covering letter saying that was their final response and if I wasn't happy I should go to the FOS. So I did! They either must be feeling very confident or are overwhelmed by reclaims and can't be bothered even pretending to go through a complaints procedure. I'm not feeling too great at the moment and have a lot on. If they'd been smart and spun it out they could have got rid of me for a while longer at least. Going over the statements I note that they've refunded charges at seemingly random intervals. As I hadn't complained I'm not sure why they've done this. There doesn't seem to be any pattern to it. One month they'll refund an arrears charge, the next they impose it even though the payments made within each month are the same. I've not heard back from the FOS yet, though it's still early days. Will keep thread updated with progress of a hopefully successful reclaim. Dx100uk- Thanks for the calculator. It's been an amazing help.

Hi Flower2, That is disappointing to hear. Two years is a ludicruos time to wait for a decision. I hope matters get resolved for you soon.

I've just done a breakdown of the charges and requested a refund of interest. I wasn't sure if I should go for the contractual rate or the statutory rate of 8%. Any thoughts?

I knew they'd been pretty bad with the charges but I cannot even begin to describe how shocked I am seeing the total and knowing that all my monthly payments have been brought up to date, yet they continue to charge me for the charges. Had SPM/Ascenden allocated everything I have paid to the monthly payments rather than their charges. I would not presently be in arrears. I have found more than one instance of them putting me back in arrears by allocating my full monthly payment to charges and then adding another £95 charge to my account for 'missing' a payment. I've sent everything off to the FOS I'm just hoping they'll look sympathetically at my situation.

Hi alienatedyouth, The free self-help pack on this site has been very useful to me in budgeting and paying off debts in the past http://www.gain4u.org.uk/document.aspx?cid=2 The charity grants finder on this site may throw something up that could help http://www.family-action.org.uk/section.aspx?id=77 I would be inclined to check my benefits here as it's the government website and is up to date on rules etc. http://www.direct.gov.uk/en/diol1/doitonline/doitonlinebycategory/dg_172666 For emotional help and support with your depression these folk might be able to help http://www.depressionalliance.org/ I don't know if you're a member of a trade union or not. If so, contact them and see if they can assist as many unions have funds that members can access. If not you might wish to consider joining the Unite in the Community scheme-it is specifically for people not in work. It costs 50p per week and comes with a range of benefits, including access to the union benevolent fund. http://www.unitetheunion.org/member_services/community_member_benefits.aspx You may be entitled to Disability Living Allowance due to depression. I was able to claim low rate care DLA for two years due to depression. DLA is not means tested, it is granted purely to help with your health regardless of your financial situation. I would strongly advise you get help to complete any application for this benefit as the form is quite tricky and the criteria are quite strict. Depending on your partners condition and it's duration he might also be able to claim DLA. You may also be able to claim Employment and Support Allowance, though i don't know enough about your circumstances to say for certain. I'm pretty crap with debt but have a good working knowledge of the benefits system and would be happy to try and help if you have any questions.

I'm presently complaining to the ever lovely Capstone/SPML/Ascenden regarding mortgage arrears charges. Going through the statements has been eye opening to say the least. Since taking my mortgage out in 2007 the total CMI due amounts to £19,034.27. I have paid a total of £19,835.73 (All CMIs due +801.27) Yet despite this my CMI arrears presently stand at £316.92 and I have been charged a total of £4792.15 of which £3841.00 are late payment/arrears management fees and £951.15 relate to solicitors fees. At their worst my arrears amounted to no more than three months payments roughly £900 or so. I'm happy enough to pay their solicitors fees but the additional charges levied seem somewhat disproportionate. It also appears that until last year they have been allocating my overpayments to the charges rather than the missed payments keeping me in permanent payment arrears and walloping on the charges. For example this month I'll pay them £500 which will cover the £316.00 presently outstanding with plenty left over to pay towards their legal costs but because I cannot pay on the 1st as I don't get paid until the 20th, I'll be getting hit with another arrears charge. Likewise I'll be in arrears again from 1st of June because I cannot pay until 20th June and so on. I've just sent my complaint off to the ombudsman, however was wondering if anyone here can report the ombudsman looking at things fairly. I genuinely don't mind reimbursing any out of pocket expenses incurred by SPML/Capstone/Ascenden but these charges cannot possibly be an accurate reflection of their costs.

You could try contacting Shelter for help. I used them in this situation and though it took ages to get through on the phone line, everything moved very quickly when I got though. Shelter England - Mortgage arrears Good Luck!