Ive been charged the £5 on a bank transfer, they say that it had to be manually applied so therefore charged.. its a rip off... they have also lost a cheque, we are in the process of cancelling it since it hasnt been found although i have proof of postage / signed for envelope.. and sig to prove it got there. I have set up a direct debit twice with them only to have them try to take all the arrears so now nomally pay by card since they will not set me up with an account online..

Hi Phil, Good luck with them, I would check all of the information in your SAR mine was only half completed and getting info out of them is nigh on impossible. I have just gone the court route its just been listed so I wish you luck in getting them back. Lynne

Hi Dave, God its got me round the bend at the moment, the letter today was a waste of time but the good news is that i got listing of hearing back today so that will come with me tomorrow. Looking at the forums, a lot of people are not having much luck with the fos which they nicely send me their address with the letter.. they know that they have nothing to worry about with them. What Im trying to find atm is actually solid proof that they can not legally charge me interest on the arrears, or charge me twice for legal fees, or that they can not put all of the charges and interest in with the arrears.. I have some of the MCOB handbook but need it spelled out more.. actually just had a though..I wouldnt mind the report, the more I have on them the better. I wish to god that I had never got involved with these. The broker I dealt with did not tell me about them and I had a reasonable credit rating when I took the mortgage out, its just the last couple of years things got a bit out of hand. never mind I suppose I will keep looking, I will also pm you.. thanks for the luck Lynne

This is easier said than done with SPML.. I know it first hand, I did a Subject access request and they are missing loads and loads of stuff. I wrote and complained and they kept fobbing me off.. had a letter today saying they might have missed a couple of things.. but I know they have missed huge amounts... like all the correspondence with the solicitors etc.. so I have started court action to get the missing data. I want it all.. but to be honest they are lying cheating ******* s. I stopped talking to them over the phone as they keep saying one thing and then denying it so if its in writing I have a copy..

What is very interesting is in all of the terms and conditions... there is no mention of interest on Arrears or how its worked out or even the interest rate..

I have just had a letter today from Acenden, their complaints department stating that all of their fees are fair but they have found two that were not so are refunding them.. ha what a laugh.. never mind they also say that they had missed a couple of things from my SAR. nope sorry there is a huge amount missing including all of the stuff they sent to the solicitors.. I know this because Ive seen some of it at the hearings and non at all is included.. so it looks like Im off to fight with then again.. what they have included is my orignial terms and conditions, which makes interesting reading especially where the charges are concerned.. I will be taking them with me tomorrow... god this is getting worse by the second.. sigh...

Hi Dave, I have been lucky, in some respects Ell-enn has been a great help over the years and helped my daughter so much last November, when I was in no state to do anything. The problem I have is that I dont know where you are but the court here seems to be on the side of SPML. I have had massive problems with them trying to get information from them, or even just talking to them, to a point where I try to do everything by writing to them. They get really abusive on the phone. The last judge I saw was pretty sympathetic and when I told him about the charges etc said that I really needed to claim them back.. so Im in the process of doing that.. as for the information, the judge tells them to do one thing and they do completely the opposite, they were told to give me a copy of the notes that their solicitor had with them but she refused telling me to take it up with the company, so I brought it up last time, and the judge asked for the solicitors notes and handed them to me. its not complete but it was a start to get the ball running. To be honest with you though, I know my time is running out, I really need to move, we have somewhere that is ok, but ts not ready yet and moving just put the fear of god into me, especially at the moment, but I know that if I let them repossess then Im not going to see any profit that is made on the house they will get it all in inflated charges etc. but I will keep trying, I shudder to think of all the people that just rolled over and gave up, they are a bunch of sharks, and Im going to be so pleased to get away from them.. and stop worrying about it all of the time. the phone calls were so bad as well but suppose they have to be. I just hope I get a bit more time, otherwise I really dont know what is going to happen. good look on yours, I hope the fos come though, I decided to go the court route first, after I was told that I could get a fee remission, but having to apply for it all takes time. Ill get off my soap box thanks for the reply though.. pleased somebody else understands.

Ok I will do that on friday.. just out of interest.. the figures above.. the payments due are £7949 payments made £7860 I actually need to go through the rest of it.. but I am now convinced the interest is on the arrears and also the charges and other amounts due... they shouldnt be on the arrears should they?

All that keeps being said is that I signed a contract that said I was liable to charges, and that they are part of the arrears... but to be honest their figures just dont add up at all... I have something thatI managed to get summary from 5/11/2010 to 1/03/2012 payments Due 11,670 made 4006.19 Arrears 7,664.24 other amounts due 621.00 charges as a result of missed payments 1,749.44 total interest charged £4,115.63 total overdue balance 8.285.24

Ahhhh no, is there anything I can do about it now. they are still claiming that they have not heard from them at all

Sometime they are there sometimes they are not.. However, last time one went in with me and was no help at all.. his advice was let them take it..

El-enn this is it exactly I am the defendant in this case and respectfully request the court to consider the following information when hearing my application: The arrears arose due to my ill health and several long stays in hospital. Despite keeping the Claimant advised of the situation and making an offer to repay the arrears, they have refused to negotiate and demanded the full arrears to be paid in order to stop eviction. I have been in hospital again. (Appendix 1) I contest the amount of the arrears being asked for. The amount of arrears is £1299.56. The rest of the arrears are made up with administration charges. The total figure of charges levied on the account is £6605.60. I have included a spread sheet to show this (Appendix 6). The figure was correct at 31st March 2012. I have tried to work out an arrangement with the mortgage company to pay off the arrears. However, I can not get the full picture from them. They have greatly inflated the arrears with costs and administrative charges, I applied for a Data Protection Subject Access Request to enable me to find out the extent of the arrears and so far this has not yet been completed. (Appendix 2). I am still waiting for the information from the mortgage company. They stated in two letters dated 27th February 2012 and 19th March 2012 that I would have a reply to my complaints by the 16th April 2012. I still have had no word from the company on this issue. The Mortgage Relief Scheme, has also asked for information to further my claim and has yet to receive the information requested from them. I have talked to the Mortgage relief team, they have told me that they have written to the defendants twice now requesting information from them. I have contacted the FSA who regulates the claimant to ask for advice. They have told me that the claimant has to adhere to the MCOB handbook guidelines for Arrears and repossession and the arrears must not include legal fees, charges or administration charges. All money paid to them must be taken off the arrears owed and not used to pay their charges. I have also been advised by the FSA to report the Claimant to the FOS for them to look into the huge amount of charges that have been levied onto the account, and also take action in the small claims court. I applied to Sunderland County Court on the 12th of April 2012 to make the mortgage company comply with the Data Protection Act and forward on the information they hold on me. This should provide all of the proof needed to show the true arrears and charges. (Appendix 4) May I also point out that the Claimant also states that I have signed a contract with them to pay the Charges in with the arrears however, The said loan is subject to the Unfair Terms in Consumer Contracts Regulations Act 1999(UTCCR) which state that the charges are termed as unfair because they breach the requirement of fairness contained in UTCCR. The Claimant is Statutory bound by Financial Services Authority Regulations: Mortgage Conduct of Business Rules (MCOB) contained in the FSA handbook. The Claimant then levied mortgage arrears charges against the defendant. They then issued interest on the said unlawful charges. The mortgage arrears charges were also levied at a rate which exceeded their administration charges. The Level of charges is also unfair because they are the result of unfair treatment by The defendant and therefore levied in breach of the defendants statutory duty to treat their customers fairly contained in the MCOB handbook. (Appendix 5) I have also made and application in the Small Claims Court on the 2nd March 2012 for the charges levied on my account to be taken off the arrears. I applied for a fee remission for this case and I am still waiting for the case number. However my situation has improved. I have returned to work, working 8 hours a week on the permitted work scheme operated by the DWP. This means that on top of my wage I will receive full ESA benefits and mortgage relief. My daughter has also asked to return to this address and contribute towards the mortgage, and I have also been asked to have a friend’s daughter live with me for the next 2 years. Please see completed budget sheet (Appendix 7) Therefore I respectfully ask the court to take into account the case of Cheltenham and Gloucester v Norgan when considering my offer of payment and also s.36 of the Administration of Justice Act 1970. I assure the court that I am are committed to clearing the arrears and respectfully ask that eviction is suspended in order to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate. I also believe that this needs to end, I have contacted Pattinsons Estate Agents to auction the house, if the mortgage Relief Scheme can not help. The house could be entered into either the March or April sale. It would then take 28 days or less for completion. If I have to sell the house I have the offer of a rental property that would be ready on the first of May 2012. (Appendix 8)

I must say that all I want at the moment is to put all of this off, we have somewhere to live from the 1st (ish) of May, but I want to sell the house on my terms not have it taken away from me. Because knowing SPML Im going to come out of this badly I know I am..

oh the bankers draft was sent recorded delivery and enclosed their signiture with evidence..

hi Ell-enn yes kept a copy of it I learned the hard way where this flaming company is concerned.. the eviction notice was on mat when I got home from hospital.. great welcome home gift.. I attached a statement for question 10 do you want me to copy and paste it onto here or do you want a copy of it.. basically said that I contest the arrears, they stand at £1299.60 the rest of the arrears are charges.. which stand at £6605. full spread sheets enclosed in the evidence and their docs to back it up That I am in discussion with the Mortgage Relief people who have said they have written twice now to the company asking for information. Only have verbal proof about this they still havent put it into writing. I have started to reclaim my charges back in the county court, they are processing the application (since I applied for a fee remission) put in the claim form for this into my evidence. I have also started action to get the information from my Subject Access Request since most of it was missing. Could not get a clear picture of what the charges were and exactly how much was owed this is why this is important. last eviction hearing the judged told their solicitor to give me her information and she refused me outside said I had to take it up with the company.. so kept writing asking two letters from them promising the info and dates.. I also told them that I have tried to work things out with the mortgage company and they refused told them that I am working 8hrs a week on dwp permitted working.. but my daughter is working full time and has covered the mortgage for the last four months.. They lost a payment as well for £1000 daughter sent them a bankers draft for £1000 since they refused to take payment from her over the phone.. they say they didnt recieve it.. she contacted her bank they are tracing it and as yet still havent returned it to her account if it has been cashed they say they will supply details to her so enclosed receipt for cheque.. enclosed an income expenditure for me and daughteer Actually used what you gave us in the past just added the other things. also told them that we have registed with Pattersons estate agents to auction the house if the Mortgage Relief people cant help

Hi, Ok long story but I will try to keep it short.. I have been ill for the last three years, its been the bane of my life and I have been in and out of hospital, sometimes for long stays sometimes for short ones. My mortgage is a complete mess, Ive been messed around by the DWP had benefits stopped and started again.. and all kinds of stuff. My daughter staved off eviction last time I was in hospital, and she has been making payments to SPML on my behalf. Im in court on friday at 3pm after having a eviction notice delivered for eviction to take place on the 24th I have started a money claim for my charges back, but as yet still havent heard what the date is, mainly because I had to apply for help with the fees and they said it took a little longer to this. I have also started court stuff for missing information from my subject access request, there is so much missing its unbelievable and they are refusing to do anything about it.. Now help... I have been going through the information I have, and after filing for my charges back I realised that there are interest charges. thats all it says on the statement, interest charge, now they have been put on the account since November 2010 they have not appeared before this time. to be honest, it just says interest and the amount. I am convinced that this is interest on the arrears.. I have a basic repayment mortgage so Im sure the interest in that is all ready calculated. What is bothering me is that I am in arrears but I have gone through every payment due and every payment made since the mortgage started and the arrears are £1299.60 , my daughter is committed to reducing them.. and has just paid £1500 off them.. Now the biggest concern is the charges are currently £6605.60 and if the interest is interest on the arrears thats adding up to £4115.81. I have tried to ask SPML on the phone what the interest is.. but put it into writing today to see what they say.. if it is arrears interest then at £250+ per month it means that they are charging me roughly 30% per month interest on the arrears .. I didnt think that they could do that. Now SPML are saying that my account is in arrears by £7000 (I think this keeps changing all of the time) Im sure that the 1500 has to come off this figure.. What I need is ammo to get the eviction stopped.. getting information from this company is a pain in the bum, if I phone to ask them anything they will only talk about the arrears..as they stand not how they are made up.. Can anyone help with this please.. ta in advance

Ell-enn I have been back in court today, they have persponed the eviction for another three weeks, basically, but what the judge said was that all of the charges on my account are a matter between me and the mortgage company. I have a question. I am going to try a letter before action to get them back, but my question is this. they are adding legal fees and a litigation management fee.. the legal fees for this month are £300 on top of £115 litagation fees.. can they do that, or do I have to sink the legal fees..

Hi Ell-enn sorry about last night, I ended up having to sleep, think my body was trying to tell me something ..

oops sorry the "arrears" stand at £7000 according to them

Missed 1, but can make that up, but the problem is that the DWP cancelled my ESA then reinstated it and its gone to contribution based not income based so no mortgage relief until they sort it out and back date it.. which they are currently doing. I hadnt realised that it had happened, until today.. got a letter on saturday and only reread it today and found the fault, so they havernt been paying the mortgage relief since september.. so we have been short

I also included a letter from my Consultant, my medical records.. to prove hospitalisation, personal expensies, one for my daughter who will move back in permantly if we can get this sorted, I included my buildings contents insurance with different complanies, just got the info from mortgage company today on thiers, so will have to take that with me..

3 Copies.. I learned well, on for the court, one for me and one for the other side.. I am the defendant in this case and respectfully request the court to consider the Following information when hearing my application: The arrears arose due to the defendant Miss L being unable to work, due to ill health and a long period in hospital (appendix 1) However my situation has improved. I have returned to work, working 8 hours a week on the permitted work scheme operated by the DWP. This means that on top of my wage I will receive full ESA benefits and mortgage relief. My daughter has also asked to return to this address and contribute towards the mortgage, and I have also been asked to have a friend’s daughter live with me for the next 2 years. Please see completed budget sheet (appendix 2) I therefore ask the court to take into account the case of Cheltenham and Gloucester v Norgan when considering my offer of payment and also s.36 of he Administration of Justice Act 1970. I would also like to bring to the Courts attention that I am unable to reconcile the arrears figures given to the Court by SPML. The Claimant pleads that there are no arrears penalty charges or administrative charges included in the arrears. I would like to say that speaking to SPML on the telephone that the charges are in excess of £3000. I have asked on several occasions for this to be put in writing, but they have refused the request. I am still waiting for the results of the Subject Access Request I have sent them (Appendix 3) I would also like to add, that SPML have been adding buildings insurance onto the account when my insurance company keeps informing them that I have independent insurance, and they are listed as interested parties on my insurance. I have made an official complaint to the company and have received a letter back from them. I have included my insurance policy and the letter from SPML (appendix 3). I have currently paid over 3 years insurance to SPML which works out approximately £1800. I am waiting for the exact amount to be confirmed. It has also been added onto the arrears. (Appendix 4) I have applied to the Mortgage Rescue Department of Sunderland Council, They will be contacting SPML to try to work out a solution to try to help with this situation. I assure the Court that I am committed to clearing the arrears and respectfully ask that eviction is suspended in order to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate. I believe the above to be true and factual

Hi Ell-enn I dont know where my last post went, I filled in the right form honest, Im just so tired at the moment, filed it this morning and this afternoon my SAR stuff came, so have been frantically going through it. There is a lot missing mind you..

Hi, Ok I have filed a N233 and I think its ok, but I need some help. I have been to the court today and filed everything before it closed, however, I got home to find that my SAR arrived from the mortgage company. What a mess its in, the statements are no where near complete, and everything else is all over the place. Right, In my statement I said that I could not corrilate the arrears. 2 things thats I dont think is right. first the mortgage company just stuck buildings insurance onto my mortgage payments they sent me out letters saying that they needed info from other insurers and I sent that in. what it looks like has happened is that its not seperate, its just lumped in with the mortgage amount, so far I have found £1131 of insurance. now I didn't ask for it, I didn't sign anything for it and I certainly wasnt offered any kind of choice of providers it was just added to my mortgage amount. The second thing is the fees, the statements are not complete however, what is sticking out is legal costs, they add up to a lot of money.. £641 +£245+£200+£197.75+£192 = £1475.75 The fees on the account (not including this years) comes in at £3395 basically what Im asking is, where do I stand on the insurance, I have two complete years that have been paid, Ive writen to the mortgage company and said that they need to pay it back and officially complained, they wrote back saying they would investigate but it will take 4 weeks... and the legal fees, can they lump them in with the arrears as well.. guess what paid those.. can somebody please help me make head and tale of this thanks Lynne

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