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bob 3456

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  1. Interesting development today , Hi Ell-enn, My wife visited the court today with those letters . They said that Lightfoots had been on the phone and we had to ring back later, case adjourned but unsure about their Liberty to restore acenden /lightfoots talked about or whether we will have their £250 court fee added to our account , as they have already applied a £90 solicitors referral fee on a fortnight ago. I dont see why we should have to bill that when the case shouldnt have even been started . More details in this letter received today by Acenden. Which is the answer to the letter you kindly drafted for us . They even admit to taking £120 from our last months payment to apply to the arrears fee account because we paid too early (4 days) and ask us if we would like this returned to the main mortgage account.. They have done this with our monthly payment several times so far. They also go on about the loan being sold to Eurosail in 2010 from SPML and anything before that date isnt their responsibility (giving an address in yorkshire for ```South Pacific -In Liquidation``` Are they serious and can they shun all responsibility for any charges etc..... before 2010. They even mention us being in £17.50 in actual arrears at the time of the legal action. This is wrong as previously stated as they seem to forget about the ten pounds extra we`ve been paying for 18 months and 6 x £20 payments made to clear two missed payments totalling just under £260. Where should i go from here ,i havent even started thinking about the PPI ,which i found is from a company called Sterling or other charges and also any interest on charges. They say our arrears stand at £600 now whether we ask them to put back the £120 or NOT (how does that add up) . They removed another £800 in fees as well. Thanks Bob
  2. No mention of SPML just Eurosail 2007 1NC -PLC. I found this interesting i was reading yesterday but probably already mentioned on here. Concerns Santander .http://www.ukcolumn.org/article/capitalisation-securitisation-and-fraud-mortgage-lenders
  3. Cosmos ,i only received the court forms yesterday and when i log in on the court website it says we were served on the 21st December which is tommorow. But shouldn`t we have 28 days notice by law?? Not 24 days.
  4. Thanks Ell-enn, my wife is going through tomorrow ,i`ll post what they say. Is it worth while saying anything else about the case or do they have duty solicitors we could talk to or is that only available on the day of the hearing? Could someone also explain what capitalised fee means on the SAR full account statement ,its often next to solicitor fee, often 3 times for the same amount on the same date with one removed, they dont appear after May 2010. Also in July 2009 there is something odd. Most months have between 3 -8 entries , but July 2009 has 65 entries alot just say interest , nothing else, with values under a pound??? This doesn`t happen any where else.
  5. I certainly don`t intend on doing nothing but have no experience of a defense or what to put in it or word it. Its made more difficult on here if i put up what i was going to say on an open forum , i wouldn`t be surprised if Acenden read these threads . Also if the debt is in joint names then do each of us have to defend it seperately ? Besides this the account is still in dispute over charges as far as im aware . They removed another £200 of fees the other day before they created a fake shortfall by applying most of our monthly payment to the arrears fee account. Id also point out that this loan is covered by the CCA 1974 and its also a second charge on the property, we hold around 75 % equity in the property. (dont know why i mentioned this or if it makes any difference, as it irks me when Acenden refer to it as a capital repayment mortgage rather than a secured fixed sum home loan) I also went through the total loan statement included in the SAR request i did and was shocked when it came to £6900 in charges since 2006 ,some are solictors fees etc. And that doesnt include any interest they`ve applied. I know they have refunded` as a gesture of goodwill` around £2000- £2500 over the years but still shocking and i cant figure where these charges are hidden in the account. Also a lot of double charging with one removed , are they pretending to refund charges and leaving one on ,so not really refunding?
  6. Hi Ell-enn thanks very much for your reply. Yes we can do that as its only a short bus ride. I don`t trust them at all to have even sent the letter to the court. Did you read that they took £120 out of my last payment on at the end of Nov to apply to the arrears fee account and only applied 17.94 to the monthly contractual payment. So they have fabricated us to be in actual arrears by exactly 1 monthly payment (they even including the £10 extra we`ve been paying). We are also worried that we have only just received court papers for a case which is supposed to be held in just over 3 weeks. I thought we are supposed to be given at least 4 weeks notice. Thanks Bob
  7. Hi I really need help with this please!!! Ive never defended court proceedings before. Even though Lightfoots solicitors say in their letter we received the same day as the court papers, saying they have requested an adjournment with leave to renew, the case is still there (due to be heard on 14th Jan) when i log in to the court website using the username and password they provided. Their figures on the claim just don`t add up at all. I dont trust them at all. Help!!!! They have actually applied £120 of our last months CMP to the arrears fees account, and fabricated a payment shortfall of exactly what we pay each month which is our CMP + £10.00 extra towards actual arrears ( we have calculated that all actual payment arrears were paid off 2 months ago). The rest they are claiming is around £1200 of arrears fees /charges. Anyone please , need advice on what to do next??
  8. Hi, Is Ell-enn around, haven`t noticed her lately. We need some help as we have just today received court papers from the court and another letter also today from Lightfoots saying they have just asked the court to adjourn the forthcoming hearing with liberty to restore due to being informed by their clients Eurosail that the account is under review.. Considering they did this several years ago when it was Capstone and informed us the case was adjourned as we paid the arrears but the case must have gone ahead as they obtained a suspended repossession order which expired after 12 months. (stated we didnt attend ,as we didnt even know it was still going ahead). They slammed legal /court fees on. So we are very worried they are going to pull a fast one. We believe we now have no arrears of actual payments at the moment ,just their ridiculous fees which they still insist on applying every month. Any advice on what to do, contact the court ??? Or what have we to worry about. If they apply to adjourn will they apply their court fees onto our account??? Thanks Bob
  9. Hi Sillygirl, Do you happen to have any more details about them using your contractual monthly payments to pay off charges etc... Acenden are doing the exact thing to us and its driving us up the wall. According to their own terms they state they can use money to pay any missed payments arrears but no mention whatsoever about applying your CMP to arrears fees/charges. They have regularly made fictional payments that we have supposedly made by breaking up our regular monthly payment into smaller amounts to keep us in payment arrears. Thanks Bob
  10. Thanks ,still finding time to read through the stuff. Are they allowed to withhold this information no`s 1-7 outlined in the attachment???
  11. Hi Ell-enn, DX,etc... Just an update , nothing much happening here at the moment. Acenden replied to the letter Ell-enn drafted. They are supposedly doing what they call an impartial review of our complaint as we are still not happy which should take them within 14 days . (whatever that means. ) I finally received the SAR this morning ,a huge wad of papers around 2 or 3 " thick. Going to have to go through it later. I wasn`t sure what i was expecting to find , what should be there, in case its missing??
  12. It may be a waste of time but with the new class action laws brought in in October ,although at the moment still on a `loser pays fees` basis, there are now law firms offering to take on cases on a no win /no fee basis. I know these companies have destroyed many peoples lives through their greed and if people feel strongly enough then its certainly something worth thinking about and at least discussing.
  13. Hi Ell-enn, thanks. I was just thinking is this sort of mortgage payment arrears manipulation illegal and a matter that needs reported to the FCA. Ive been looking through those statements again at the loan shortfall column and from i see it is approaching zero then being manipulated to a higher figure several times.
  14. Thanks DX and Ell-enn, i figured it out and have the letters done ,will post shortly. Bob Acenden just sent a letter informing us of a £90.00 charge for refering the matter to lightfoots.
  15. Hi Ell-enn ,thanks you very much sounds great, how do i edit the letter as it says read only,i`m using open office . Bob
  16. DX , may be at crossed wires a bit here. I meant that this loan (the one being discussed )was originally London Mortgage/ south Pacific ,then changed to Capstone ,now Acenden. So are Acenden still responsible for older charges??? Thanks
  17. Thanks DX, Right looks like i will have more fee charges to claim then, as i had a few problems in the 2008-9 period with their other aliases and paid them all off ,that was when i thought you had to and assumed that they were classed as fair and you couldn`t do anything about them..
  18. Thanks very much Ell-enn. This is really getting me worrying ,seems they can do alsorts that im not aware of until i see these statements in full. Do you think they are going to take along time with the SAR? Also would acenden also be repsonsible for any charges whilst the loan was capstone or london mortgages?
  19. Thanks very much, Yes i have all statements and web receipts from Acenden from when we paid by debit card through their website before July 2014 . After this we switched to paying by faster payment through our account on advice again from their field agent and they started charging us the £5 alternative payment fee. I have just paid this months by standing order to intentionally avoid this charge from now on. I just looked again at that 5 year account statement from lightfoots in the pdf above and under sub account 2 it shows payment made , we have never made any of those , so they do seem to be allocating parts of our payment to the arrears fee account .I assume this is to keep us intentionally in payment arrears I just checked two examples from the 5 year account from lightfoots . Checked 26th aug2014 and 25 Sept 201and The first is showing as paid 127.94 (according to my bank statement i paid 137.94,again for the second it shows a payment of 132.97 (according to my bank statement its says i paid 137.94). That is just two examples. Another one 26th May 2015 says on lightfoot supplied statement as 97.94,(according to bank statement i paid 137.94) which would i assume account for the £40 payment i supposedly made to the default fee sub account on the same date. Is this legal??? Ive just noticed that on page 6 of 9 on the statement pages from lightfoot under the payment shortfall column, which on the 27th oct stood at 27.94 and then at the 15th nov it goes down to 17.94 , says cheque payment of 10.00 .(that 10.00 was the postal order for the SAR request.?
  20. We have been paying £10 on top of £127.94 contractual monthly payment as advised by their field agent towards the loan arrears and have been doing so since July 2014. We have not paid anything towards their charges as far as i know. We couldnt anyway as we just make a payment and hope they put it as our monthly payment. Our online account with them simply shows the remaining total loan figure and underneath total arrears all mingled into one Are they allowed to do this. I have noticed irregularities in the statements such as we pay 127 and it shows as 97.00 (or 97 and 30 or 40 as if we had made two separate payments) this has happened once or twice. Are they manipulating the figures??? Ell-enn, i really need that draft letter you mentioned as reclaiming interest etc... is going to take me a while to sort out figures etc... Lightfoots state we have to pay by the 4th December . Thankyou
  21. Thanks dx , What about the charges they refused to remove??? I will try the spreadsheet but may get stuck.
  22. Thanks Ford, Ive only today discovered that they persuaded her to take out an insurance policy at the time of the loan application from Scottish widows to cover the loan repayments ,this is costing her £20.00 a month. And all this when she was in retirement. Do i write to LLoyds TSB first and complain to see what they say (and possibly make amends somehow) and then the FOB or give details straight to the FOB.
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