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  1. I am desperately in need of some advice please. Several years ago Acenden got a suspended possession order . I successfully paid the arrears and they were clear until last year when my world started crumbling down. On 30 October I got home to a letter from their solicitors telling me the order was being reinstated due to arrears of £2600 approx. This is just over 4 months worth of payments. I called and was told unless arrears cleared in full there was nothing that could be done . In desperation I spoke to a family member and they loaned me 2000 and I had just over 300. After lots of negotiation Acenden agreed to accept the payment and stop the eviction proceedings. I received letters of confirmation of this from both Acenden and their solicitors all dated 31 October. On Friday I got home to a hand delivered letter dated 1st November informing me the eviction would take place on 21 November at 11am and yesterday the same letters arrived by post and these are postmarked 9 November. I am so scared can they evict us even with all the written confirmation I have. Also my mum bless her has offered to give me the rest of the money to clear the arrears but I don't want to take it if they can still evict me as there are also charges on the account of nearly £3000. I plan to call the solicitors and the courts in the morning but not sure what to say. Any advice please would be greatfully received
  2. Back in 2005/6 Ocean Finance arranged a large mortgage of about £400k for me. In late 2007 I was lucky to sell my house & payback Capstone/SPML. Just before they repossed it. I still have all the paperwork. Am I right in thinking I can reclaim all the charges payed to Capstone SPML. which amounted to a lot including court costs etc , & about £25k early repayment fees, also are they known to have included PPI in with my monthly payments, & if so can i also reclaim that. Any help & advice you can give me would be gratefully received. Thanks
  3. Hi I pay smpl on Morgage but they are Acenden now. I've just sent them a Sar in the hope of reclaiming charges as I know I was in arrears about 7 or more years ago with capstone what's my chance of success here? I've just noticed they have cashed the cheque and £10 has been credited to my Morgage account. Is this normal practise?
  4. Hello This is my first post here so I've tried not to witter on, but it's complicated. The situation is that I was evicted from my home last year when I couldn’t remortgage it after the interest-only mortgage expired. The circumstances don’t matter, I have no quarrel with that. My query relates to what came after. I had managed to dispose of a lot of stuff I didn’t want, but there was still a lot of stuff I did want, left in the property. I’m past retirement age, live alone, and am severely disabled: I cannot legally walk, I have severe spinal problems and a max award of DLA. Acenden have known this since the beginning of the proceedings. They refused me entry back into the house to deal with my property, despite my undertaking to comply with whatever conditions they imposed. They arranged for all my stuff to be packed up and moved into storage, and I’ve paid all the moving fees and a year’s storage costs. Because of my disabilities I was completely unable to inspect my property while it was in storage; even getting to the chosen storage facility was beyond me unless I had substantial help which wasn’t available. When I eventually unpacked everything in my new home, which has taken me the four months since I moved in, I’ve seen that the packaging was very poor, no attempt was made to protect any of my property, a box that had contained glassware and china was full of smashed and dangerous pieces of glass and porcelain; glazed pictures were simply stuffed into inadequate cardboard boxes, the frames mangled beyond recognition and the glass fronts all smashed. Other of my stuff had been so badly damaged as to be made useless and needed replacing (e.g. tumble drier), a long list of other stuff, including a valuable listed edition print and expensive camera kit, has been stolen. I’ve photographed everything that’s been damaged clearly showing the damage, and recording the very poor quality packaging and careless packing. Acenden also suggested to me that they could arrange disposal of stuff I didn’t want before the rest of my stuff was packed up, to which I agreed, provided a list, and their initiative and my agreement and identification of that property are evidenced by email exchanges. They didn’t follow through on the agreement, and I’ve spent removal and a year’s storage costs for their broken promise. Acenden took four months before they even put the house on the market. I have other complaints but my question here, is what is Acenden’s legal liability for the theft of and damage to my property that’s happened while it’s been in their custody. To say that the removers were negligent is an understatement, but I didn’t have a contract with them, Acenden did. I know I need to see a lawyer, but I’m just hoping to get a view here as the first appointment I can get is two weeks away. To say I’m very angry is putting it mildly. I’ve spoken to my insurers – fortunately I have contents insurance that will cover a claim provided I exhaust Acenden’s complaints procedures before I start that claim. Do Acenden have any liability to me for my loss, which amounts to over £10,000 on current replacement values? Thank you for any feedback. Gleneagle
  5. Hello, l am wondering if anyone could possibly give me any advice, my partner and l have arrears with our mortgage company, this was caused by my partner having his work hour's cut, (actually he was one of the lucky few who wasn't laid off), the arrears total £1800, we have spoken to Capstone who were supposed to ring us back to make an arrangement to pay our monthly amount plus some off arrears, their phoning us was to work out how much we can pay back comfortably, they never rang but we have had a letter stating that the arrears must be paid or they will go for repossession, we have had this once before and Capstone phoned us 2 weeks later as were continued making payments of our monthly amount plus between £150-£200 pound off arrears, (l panicked and gave them all my carers allowance and my sons disability money for 3 months) they tried to make me state l would pay £800 a month on top of the monthly payment, which l couldn't do! To cut a long story short l am tired of misleading phone calls and from now on will only communicate via mail, am l able to send Capstone a budget sheet l have filled in myself rather than give all my financial details over the phone? They insist it can only be done over the phone! The annoying part is that we will have these arrears more than cleared before it would even get to go to court for a repo, Capstone don't seem interested in this, just in how much they can get out of us now. l shall continue to make payments of at least the minimum monthly payment and whatever we can toward the arrears regardless. lm sorry for the long post, my partner is so depressed and is becoming suicidal, l am determined that these company's will not have such a negative affect on my family. We had many a sleepless night before this notice arrived, we feel like we may as well be talking to a brick wall. Rachel.
  6. My current mortgage is with capstone/preferred I didnt keep up with my order and now I have an eviction notice or pay £3700 Can anyone help me on this?
  7. Looked through forum many times, also people have helped me through several eviction attempts over the years with these low life's. In a good place right now, Experian showing my mortgage payments to Acenden up to date for last 3 years. The payment is taken by DD and the only problem I have every year is they add buildings insurance on but I get them to remove. However my mortgage is 10k higher now than when it commenced in 2004. I have literally paid tens of thousands in charges, solicitors cost etc. like many they turned up to court and presented false figures, at one stage the county court agreed with them and I faced eviction. The bailiffs stood outside my house whilst I was seen by a circuit judge who luckily overturned the previous ruling. they would demand large payments to cancel suspended eviction, then do it all over again until I was in a right mess. I have tried to reclaim charges before, FOS always dragged it out for 2 years and then sided with them. I did a SAR and Acenden requested more time due to staff issues and never actually sent it out. After all these years I didn't have the energy to fight so gave up. I plan to sell up at the end of the year, luckily I have some equity. I feel that I should have one last try to reclaim some charges. Forget the FOS and hit the small claims court. I have sent off today a SAR. if not received in 40 days I will chase it up. My question is, has anyone actually ever been successful in claiming back from Acenden?
  8. hi all I have 4 more monthly payments to pay which will leave me a shortfall of 200 pound when I phoned and asked could I pay extra a month to pay it of I was told every payment would incur a £65 pound charge how could this be allowed any ideas would be appreciated thanks
  9. Please could anyone advise me on what to do next regarding this, as I seem to have run up against a brick wall. I bought my previous property in 2000 with a mortgage from Southern Pacific. The mortgage was redeemed in February 2004 when I sold the property to my son, who also took out a mortgage with the same company to purchase it. My son failed to make the mortgage payments and the property was repossessed about 2 years later. I no longer have anything to do with my son. Recently, I decided to try to claim back PPI from my earlier mortgage. I no longer have any paperwork relating to that mortgage, as it remained with my ex - wife when we sold the property. All I have is bank statements showing monthly payments being made to Southern Pacific, with a reference number which I quoted to Acenden when I made my claim. Acenden stated that they had no record of me ever owning the property or having a mortgage. The only details they kept coming up with were my son's. Despite explaining that I owned the property prior to selling it to my son, and that my initials are different, they could find nothing. Until a further phone call about 2 weeks ago when - at last - they stated they had found my details and gave me an account number, and promised to send my paperwork to the company dealing with my PPI claim. Then a few days ago, I received a phone call from the claims company. Acenden had sent them all the paperwork relating to my son's mortgage. I then phoned Acenden again, who stated that they have no record of me and my son's details are all they have. So back to square one. What can I do next to prove my mortgage existed, and have they committed a breach of the Data Protection Act in sending out paperwork relating to my son to a third party? Any help greatly appreciated. Thank you.
  10. I'm having similar problems, could you please let me know how i would get a summary of the charges added to my account, i've tried logging into their website but they will not activate my account. I've received a letter stating i'm in arrears but when i ring up they say my account is in credit and they will get someone to ring me back, but never do!!!
  11. OK, not sure if I'm missing something but I'm thoroughly confused by this.. I have a secured mortgage with Acenden that is due to end in February next year. I got into arrears with them about 4 years ago but cleared them and have kept my nose clean ever since. Last week they sent me a odd letter telling me about the end date, informing me of the current balance (~£2500) that they will carry on collecting my monthly payments and that I don't need take any further action at this time. However they then go on to say that that I should make arrangements to pay any outstanding balance full next February and that they will send me a redemption statement just before this date. It's obvious to me that my current payment(£170/mo) will not pay off this balance during the next 10 months even if they stopped adding interest. Now surely if I have a fixed-term loan with no arrears on the account then the entire balance should be paid off at the end of the term and there should be no shortfall? I suppose the only way to find out is to make enquiries with them but I'm loathed to deal with this disgraceful outfit. Perhaps it's time for a SAR?
  12. Hi, I don't do Facebook so I have started a thread on the MoneySavingExpert forum - The Acenden (administered mortgage) Escape Committee in the section called "Mortgage Free Wannabe" (I can't post links here yet). - Acenden have apparently recommenced selling mortgages on behalf of their new owners. Do join me there. I will post more information on that new thread in a while, eg about the danger signs that indicate that Acenden means to repossess. Everyone's case is unique but there are things we can to help each other get clear of these cowboys.
  13. Hello! I am surprised that no customers of Acenden/Southern Pacific Mortgages Limited have mentioned the recent refund of charges from SPML? I have been battling with them for years over what I believe to be overcharges and MANY others have made comments on the forums stating the same. We received a letter dated the 2nd of July from SPML, saying that they have agreed with the FCA that certain charges made between 1st of January 2009 and 31st of August 2012 were "found to be higher than the market norm" and have refunded the difference back to my mortgage account. The letter doesn't say what the "norm" is and does not give a breakdown of the amount refunded but it does say it is for Arrears Management Fees and Litigation Management Fees . At the time the charges were made, they were still being added to the arrears balance of the mortgage and therefore several eviction attempts made by SPML were obviously based on unfair overcharges - luckily the court stopped their attempts and I still have the house today (with no mortgage arrears) - yet I am still fighting charges which at todays date total well over £20k (the majority in legal fees!). Anybody else had the same? Any thoughts from anyone on the best way to challenge this? Unsure how they have determined unfair charges between these date yet charges outside of these dates still remain at the same level?
  14. I recently attempted to reclaim fees on our redeemed mortgage which was redeemed in October 2014. The fees charged to our account over 7 years amounted to £9550. After taking over two months to respond, as I expected, Acenden have refused to refund any fees, they consider the fees they have charged to be fair. Where do I go from here? Some forums say the ombudsman and some forums say the small claims court? Any advice will be greatly appreciated.
  15. i have been sent a letter today from Acenden's Solicitors TLT stating, that as we had as we had broken the terms of our suspended possession order Acenden were again going for repossession again and that an application had been made to the court on the 3rd October 2012. We had sent a letter to acenden back in August stating that our son who has a serious heart condition had been admitted to hospital to have heart surgery performed, and we explained that due to a sudden loss of income from my wife taking time from work we MAY not be able to meet our financial commitments but explained we would gradually make up the shortfall upon my wife's return to work. We never heard anything back from Acenden until their solicitors today. We paid what what we could in August, September & October and have calculated our shortfall to be around £800, I cannot understand the brutality of these people considering what we have been through with our son over the past 7 weeks, our son has only recently been discharged from hospital and I have only returned to work this week. The question is what do we do now, the letter from Acenden solicitor states we will hear from the court in due course regarding an eviction date. We were having a good run of it and stayed out of problems for 18 months and then our son got took ill suddenly then boom it all starts again. Our other successful thread is below; http://www.consumeractiongroup.co.uk/forum/showthread.php?282746-Capstone-restored-possession-hearing.-**SUSPENDED**
  16. I took out a secured loan through loans.co.uk in August 2004 with an ex. She is on the loan but not the deeds and has paid her half every month. The loan was 25k. 3090 PPI. 10%. 120 payments of 381.12. Interest has stayed at 10% the whole time. I lost my job in 2009. Tried to use my insurance only to be told it only lasted for 3 years. I tried my hardest to pay every month. Some months were late and others reduced payments. I got a new job after a year and continued to pay. I have had a few financial difficulties this year. I asked for some help and they sent a man round. He was great. He decided that £300 a month would be a good idea until back on our feet. They charged £90 for this resolution only to keep adding more charges monthly. I received a redemption statement yesterday. I still owe above 7500 for a few missed payments. I have to pay by 9/9/14. I can't. I have sent an email of complaint. I don't know where to turn next. Thanks
  17. Hi I took out an SPML mortgage in 2006. I was a bit of a sub-primer and this was all I could get. It was for a buy-to-let mortgage. Of course I don't have to recount to you what a nightmare this has been at times. In any case I'm currently in arrears (I won't bore you with the sob story) and I have also accrued thousands in 'other charges' for insurance(?), management fees, missed direct debits and anything else they could think of, really. I've had a letter and a court date from their solicitors seeking re-possession. I originally found this site in 2006 when it helped me to reclaim bank charges. I was wondering what advice you could give me on this? I should be able to make some payment towards the arrears. I have a tenant moving in to the property shortly. Has anyone had success reclaiming these charges? They are huge. Thank you.
  18. 2005 Loan made to purchase a leased flat and the loan was secured by a first mortgage on the property (the principal charge). In 2006 the loan was sold or transferred including all of its interests to another company who then recorded their interest by way a charge using the original mortgage deed which was created in 2005. A few months later with out any knowledge being given to us the borrowers, the so called loan in equity only part was sold and put in a pool of mortgages then sold to investors using the Irish stock exchange. We now jump to 2013 when after repeated written requests of why do I have to now include an unknown party on my buildings insurance and who are the unknown party, I am informed that the party concerned in fact own our loan and have done so since 2006. (Nice to know! Thank you Arseden for informing us 7 years after the event ) A few weeks later I receive a written request to make all my future monthly mortgage payments the Euro shipping company instead(joke). I can,t and nor can any one else just sit back and let this happen any longer, I have had enough and wont stand for it any more. I have decided stand up to them. Do you realize what we all have done, We have put our homes at serious risk and been subject to a big time con, the banksters have without our permission mortgaged our property or home to someone else who is then trading it on the Irish stock exchange. In other words they have mortgaged your mortgage ,so what stops them from mortgaging the mortgage of the mortgage and so on! This is down right abuse! Sorry if there are any spelling mistakes I am dyslexic, help is need if I am to fight them using the law any way I can. Have lots of documents which may help other people who feel the same way as I do don’t mind sharing them and would look forward to hearing from any one in the same boat.
  19. Hi All I am in a bit of a sticky mess. I have missed 2 months mortgage payments and loan (March and April) and was already in arrears. I have been to my GP as I am clinically depressed and for me to get out of my depression I need to Gamble my money. Mortgage company have tried calling on Friday but I was at work and was unable to answer the phone. I need help in writing a letter to them and a budget sheet. To explain the situation and hopefully they will accept my normal arrears payments. I have approached my sister and explained my situation and she has took charge in my finances now. So I dont have access to my bank card. Thanks
  20. Some help please from some one in the know. My wife has a motory nuerone disease and as aresult we find ourselves 7k in arrears. When we remortgaged an spml and an spl loan together into one mortgagei with spml, we were charged £10k erc and have been charged £60 per month management fees. I am now clutching at straws I know , but is this legal and if not , how will I go about pointing this out to them. I have had no court threats but the" man who can help for £100" is coming round soon. Oh, and it was also a self cert and interest only. With all I have to do with my wife and maintaining a full time job, I am seriously considering using a claims company. Also , who is ultimatley responsible for the selling of the mortgage? The agent, (now none existent) or SPML themsleves. Thanks Mik
  21. Hi All Well after getting all my statements from SPML/Capstone Acenden lol I requested that my arrears management fees be given back to me. Usual reply that these fees were not unlawful and included in the terms and conditions blah blah.... Can anyone help on the following as have now court papers to take them to court ready to go.. 1. if these fees have not been deemed unlawful what would the judge have to go on to vote in my favour?? 2. Any wording for the claim forms?? The arrears management fees were £65 a go and totalling £4000 ish The mortgage was redeemed in 2006 thank God. They told me that as they onlt have to investigate upto 6 years ago they actually only looked at one of the many £65 fees.. Can someone please help with the above. The main problem is I dont know the best way tp word the claims form to the court. Thanks in advance. Any joy or information I will post straifgt away Thanks Pete
  22. I have recieved a repossession hearing date from the courts for Capstone Mortgages, due to being self employed my payments have always been a week or 2 late but I have always paid. However due to the 2 recent bank holidays the cheques from my customers arrived even later, which put me one whole month in arrears and the next month 2 weeks overdue. Which they said amounted to £960. However upon phoning them one of my payments had crossed the letter in the post and I was only £460 in arrears, but they were going to add on £115. I paid the £575 and they then give me until the 15th of this month to pay this month mortgage, which I have paid and I am up to date. Their solicitors Lightfoots however have told me that they are still going to go for possession even though I have no arrears, the hearing date is 9th July, what do I do to stop this, I am going to lose my home and I do owe anything.
  23. Hi, My home has recently been taken off of me by acenden while I was out of the country for 7 weeks. unfortunately, unknown to me (because I never check my bank, and in the past 8 months I've hardly been in the country to open post) payments had not been made, whenever home i'd not seen any alarming looking post, ie from solicitors (I've had these letters before so would clock that straight away) so presumed everything was fine! and then i got a phone call from a friend who works with a lodger of mine, telling me he'd been woken up to locks being drilled and then told to get his stuff and leave within 30mins! after the initial shock, I got hold of the company now managing the property, who told me that it would be sold at market value etc, and i would receive any equity, as I was due to sell upon my return anyway, at this point I figured to let it go peacefully and hope for a fast sell! Now the property is on the market, I'm thinking that I'm being screwed a bit, the amount is almost identical to the amount outstanding, and is less than 2 other properties in the same post code that both have 1 less bathroom and bedroom! where do I stand with this? the fact that I'd never received the letters for court as i was abroad didn't give me the chance to defend myself in court, at which point I would have been able to clear my arrears, surely for eviction (I know this to be true with tenants) there must be proof that the receiver has received such a letter! there are many other issues here, fees and charges for one, PPI miss sold, and the mortgage itself was a self cert and the company who'd arranged it (warrick finance) told me I had to tweak my income by 5k to get the self cert mortgage, which at the time was to stop a repossession order, at a time of panic, they offered a way out, but into a mortgage that has since been in trouble, as I could never afford ot to start with.............. surely this is irresponsible lending! I am now currently under a high level of stress due to the prospect of the debt from fees this is going to leave me in, and wonder where, if anywhere I stand to take action I will first be sending a SAR to acenden, warrick finance no longer trade, so I'm not sure how to get info from them, I hope somebody can help, thankyou!
  24. Hi, My home has recently been taken off of me by acenden while I was out of the country for 7 weeks. unfortunately, unknown to me (because I never check my bank, and in the past 8 months I've hardly been in the country to open post) payments had not been made, whenever home i'd not seen any alarming looking post, ie from solicitors (I've had these letters before so would clock that straight away) so presumed everything was fine! and then i got a phone call from a friend who works with a lodger of mine, telling me he'd been woken up to locks being drilled and then told to get his stuff and leave within 30mins! after the initial shock, I got hold of the company now managing the property, who told me that it would be sold at market value etc, and i would receive any equity, as I was due to sell upon my return anyway, at this point I figured to let it go peacefully and hope for a fast sell! Now the property is on the market, I'm thinking that I'm being screwed a bit, the amount is almost identical to the amount outstanding, and is less than 2 other properties in the same post code that both have 1 less bathroom and bedroom! where do I stand with this? the fact that I'd never received the letters for court as i was abroad didn't give me the chance to defend myself in court, at which point I would have been able to clear my arrears, surely for eviction (I know this to be true with tenants) there must be proof that the receiver has received such a letter! there are many other issues here, fees and charges for one, ppi miss sold, and the mortgage itself was a self cert and the company who'd arranged it (warrick finance) told me I had to tweak my income by 5k to get the self cert mortgage, which at the time was to stop a repossession order, at a time of panic, they offered a way out, but into a mortgage that has since been in trouble, as I could never afford ot to start with.............. surely this is irresponsible lending! I am now currently under a high level of stress due to the prospect of the debt from fees this is going to leave me in, and wonder where, if anywhere I stand to take action I will first be sending a sar to acenden, warrick finance no longer trade, so I'm not sure how to get info from them, I hope somebody can help, thankyou!
  25. I am new to this and wondered if anyone has successfully claimed back charges from Acenden recently? I have written to them asking for a refund using the template letter on here giving them 14 days to re-pay me or I will sue them and yesterday had a letter basically saying sorry that I had a complaint and that the complaints team had requested my file and would be carrying out an investigation !! They go on to say that they will aim to provide me with a full response within 4 weeks of their letter. Any advice please??
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