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  1. 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
  2. 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?
  3. HI ALL, to cut a long story short ive had problems with the above for ever. I have an arrears repayment order on a suspended warrant which is nearly paid off, howver every year they attempt to enforce the warrant without success. My issue is this, on my letters and quarterly statements I have seen a whole bunch of other charges. 3 years ago i wrote to complain and they removed them incremently. these charges are shown to be part of the arrears however they are threatening again (not that i get worried), please could you tell me exactly what the hell these charges are as im thinking of actually taking this further and calling them out on them on my statement it states Insurance related charges (the buildings insurance is part of the CMI and is stated on the monthly interest rate letters i get) i have no idea what these are Fees and Security related charges ( a name change here as they were listed as other at one point) These fees and charges total 6822.87 and are put on the arrears of which the total is 2757. So makes my arrears look higher than they actually are. Is there anyrthing within FSA MCOBS regarding this and how to deal with it officially? any help greatly appreciated:-) Thank you
  4. Hi I'm new here first post? I have a joint mortgage with my mother, she passed away four years ago. I sent a death certificate to Capstone although it was a time after she had passed, they just sent mail back requesting a death certificate? and a will or a Administration order from the courts? not sure about this? Also I have been asked is this a common tenancy? any help in removing my mother from this mortgage would be appreciated. Thanks onefitzy
  5. Hi. Just looking for advice on the state of play over unfair charges applied to my accounts. Still got 12 years to run on a mortgage with SPML. if i send an SAR letter is it like poking a sleeping bear. I have £1400 in arrears with them and on a repayment plan which i am keeping up with. Can they put the strong arm on me to pay all the arrears and when i can't start proceedings. What are the chances of success of getting back any charges or should i accept my fate and carry on paying till the end and stay quiet. My Kensington remortgage was finished in Jan 16(woohoo!!!). There are charges that have been applied to this account so what ,again, are the chances of success with this company with it being a closed account. My Welcome loan is due to finish in May 16. There are charges and maybe PPI with these people. Again is the a chance of success of getting these charges back in full or as they say " Keep Calm and Carry on" 7 years ago i was in such a financial mess even i wasn't sure what I owed to who. Today the only outstanding debt is the mortgage and 4 payments to welcome. Paid off credit cards, Remortgage, and car. Light at the end of the tunnel. Any advice would be most welcome, Tommy
  6. 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.
  7. Hi I was made redundant at the end of May and had enough foresight to take out redundancy insurance. The insurance people want the claim form signed by the JobCentre (fair enough), but trying to get them to do this is proving v frustrating as they won't do it until I'm "in the system". This means it looks like I won't have enough to pay the full mortgage this month. Any advice on if I should contact Capstone or what will happen if I miss a months payment. Cheers. p.s. It looks like I could have got a job with the council (fingers crossed), but they're taking ages to confirm it and get the documentation out. Can't believe how slow the public services systems are
  8. FAO Brigadier or Ell_enn I have received a letter stating that SPML/Acenden is going for eviction due to my not being able to make the proper level of payments on my mortgage and arrears. I spoke with them today and explained that I am going to send them a letter with my proposals. The person I spoke with told me that at the moment they have not got an eviction date yet. I very briefly explained that I was out of work fro January and that since the beginning of April I have managed to make some payments and that I am now on pension credits and am also expecting housing benefit which will go directly to them. They have told me that to stop the eviction they HAVE to have an income and expenditure (do they? am I obliged to give them this?). I have made three payments over the last three weeks of £600 and expect to be able to pay another 300 to 600 before the end of June. But I will only tell them what I can realistically manage to pay which will probably be the mortgage plus (I think) about £90 per month but i do expect to make more payments than that. the other thing they told me was that I HAD to pay the full amount of £4800 +- which I do not have and as such they are charging me the lovely sum of £70 management fee per month for the privilege of not paying the acceptable level of payments. I am at the point where I expect to go to court (second time ...last one was in Nov 2010) so will probably be back to the point where I should have been by then. (hope this bit makes sense). My main questions are; do I HAVE to supply an income and expenditure, and if I manage to bring the arrears back to where they should have been can they still go for re-possession? Kindest regards George Jasperpad
  9. Seasons greetings All, I am looking for help from anybody who has taken the above entity to court. I have a number of issues that they are guilty of and have a counterclaim in place for the possession order that they have issued. In essence they have been overcharging me on my mortgage for several years and refused to give me the money back and instead credited it to my account instead:mad2:. Please looking for legal advice and means to structure possible criminal charges too. many thanks . Still Fighting
  10. 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
  11. I posted another thread but I really need information at the moment, I have spent the last two days now trying to figure stuff out. I had an eviction hearing yesterday for a secured loan with SPML it was originally taken out through Ocean finance 7 years ago for £6000. Due to ill health I have fallen way into arrears they stand at the moment at £2300 and the charges are now standing at £9500 yes you read right... they tried for possession for arrears of £11,800. The judge was horrified at the amount of charges on the account, and said so to their solicitor, but he said that because the loan was governed by the Consumer Credit Act that they were intitled to ask for the whole amount. The judge said to me that something had to be done about the amount of charges on the account, he gave me breathing room to pay off the arrears at £25 per month but for the next three months, by that time I should have the money to actually pay off the arrears in full. Now the trawling about.... from what I have read the secured loan comes under the OFT because its under £25K and the date it was taken out... I have looked at the second charge lending guidance and its rules... I obviously need to do something about the charges, they are actually standing £3500 more than the original loan was Now the help, I really dont know what how to start to handle this, I need some help because the MCOB rules dont actually apply here do they? Is this the same sort of thing as reclaiming credit card charges? are the charges lawfull? Can somebody please help get me started on this thanks
  12. Hi, I have arrears with SPPL (now Ascenden). These arrears are £515.00. My due date for payment is the 20th of the month, however there have been times when I have paid about a week later and I have been charged late payment fees. On top of this they have told me that as I dont have an arrangement in place to pay the extra £70pm I am being charged an arrears management fee. In order to stop these fees I am to give them details of my incoming and outgoings, which I dont think is any of their business, to make an arrangement to pay the additional £70pm that I am already paying. It appears that the arrears that have accrued are not actually mortgage arrears but all the charges that have been put onto the account. Could anyone advise me of the first step to be able to reclaim these charges. I would like to add that I have no intention of giving them my financial details and will continue to pay the additional £70pm, but am concerned that they will continue to charge the arrears management fee. Your advice please ?
  13. Hi I'm new and this is my story; Had a 'secured' loan for 16k on home. Husband dealt with all things like this i just co signed. Sold home and bought new home 2007, solicitor at the time contacted SPML asking for settlemet figure, SPML wrote back saying its settled. I'm afraid all this unbeknown to me at the time as i left to hubby to sort out. Then started recieving phone calls from acenden a few months later, it transpires that loan payments still going out of account loan not settled. It seems someone their end checked details and thought we were on about another previous loan with them that was settled. Bear with me, The solicitor checked the deeds, no charge was ever put on property, he said this just means the loan is 'unsecured'. Anyway, myself and husband separate and loan payments go into arrears acenden start calling me constantly saying they will repossess (the house that we no longer own) They insist it is secured on previous house and if i call them they insist on me giving this adress, but we no longer own it! I agree to pay monthly payments plus extra £10 towards arrears because hubby (still married but separated) has an IVA. The loan was put into IVA and acenden didn't turn up for meeting so they have come after me for it. Acenden use the money i pay to reduce arrears but add on interest therefore it never goes down and because they do this they do not class it as me paying the monthly payments so it now shows as 5 missed payments on credit report. I don't know what to do any advice is appreciated. thanks blue x
  14. Hi Can any one point me in the right direction I took out a mortgage with SPML then had it transferred to Capstone Mortgages. Having had some success with a ppi claim against Welcome Finance now thinking about taking on SPML/Capstone. I cannot however find an address or contact details for the parent company . So can anyone help out with an address. Cheers Keltyboy:smile:
  15. i was looking through some old paperwork the other day and noticed that a mortgage we took out in 2004 with SPML had a front loaded ppi included , i never remember asking for this and it was a joint mortgage and the policy was no good to me as i wasnt working at the time , we have since remortgaged , would it be possible to claim this back and how would i go about it , we have just had two successful payments back from black horse but i used a claims company but would prefer to do this myself as they charge too much, also is their any other charges i can claim back with morgage accounts any help would be much appreciated
  16. I am wondering if you could advise me I have received a court hearing date for repossession of my house, the hearing is set for the 18 March. The background the last year I haven't really taken responsibility for my debts etc as my relationship broke down and I was left on my own with two children. To be honest I can't remember much of the year due to medication etc. No excuse I know I have finally pulled myself around and am able mentally and financially get myself out of this mess and start afresh. I haven't replied to any court papers or lodged a defense yet as I wanted to be fully aware of what I was putting down. To start with they have stated to the court I am in arrears of £3023.93, after reading this forum I realised that their "fees" were included in this figure. Therefore can I state on the form that I don't agree with this figure. My contractual monthly payment has wavered between 345 and currently is 275 per month. I have asked ascenden what the breakdown is and they state that my arrears are 2293 and my fees are 700. To be honest this doesn't add up either as with that figure I wouldn't have paid my mortgage for 2 1/2 - 3 years and i'm sure they would have had me in court before now when i have only had the mortgage ? They also charge 85 per when in arrears and 115 per month when in ligation so the fees should be more than this ? I have put together a budget which accounts from school dinners, down to mot and road tax for the car and it is all detailed very clearly. With the breakdown I can afford my contractual payment of 275 and i have spare capacity of 80 per month. I don't want to offer 80 per month in case the libor changes and I need to be able to accommodate this. I have spoken to them and they are insistent that I borrow money from family and friend to pay a lump sum or they will order repossession? I have offered them the contractual payment and 60 per month which would clear the arrears if they are what they say they are over 3 1/2 years but they have refused. Even so I will pay this on the 28th of the month and i have made this clear as it will help with my budgeting. Hope above is clear? I intend to go to court and propose this to the Judge, as I have had 3 estate agent valuations and even if I put it on the market there would be shortfall. I haven't totally buried my head in the sand i have emails to prove that since November I have tried to contact them at least seven times by email to capalise the arrears, come to some arrangements but emails went unanswered or passed around, no straight reply. I will bring this to the judge as they have stated I haven't been in touch. I do have questions, (1) ascenden have said I have to clear the fees in addition to the arrears, are the fees paid out of the 60 or added to the term of the mortgage? (2) Can I dispute the amount they have submitted to the court, as it includes fees and not just contractual arrears ? They are not very clear on how and what is what ? (3) If i request a SAR, i won't receive the information before the 18th court hearing, could I later on contest the fees/contractual arrears? (4) I can demonstrate I am now in a good position to support myself and two children, clear my arrears in reasonable time can asceden refuse this and say they want the house? Any replies would be appreciated.
  17. Advice, please? I feel that LloydsTSB and Black Horse Personal Finance have colluded, and exacerbated a situation entered into with SPML This is going to sound like the intro to an x-factor audition, get your violins ready... 2 years of Prozac-fog ended last November, and I am now lucid, and really quite angry. Feel free to slap me down if I’m just whinging. The Prozac episode followed a very messy repossession and subsequent breakdown. To be honest, if I hadn’t been so blinkered about pre-existing medical conditions and PPI, the Prozac would have happened much sooner. In 2002, Abbey National reached the end of their tether with our sporadic mortgage payments (Husband came out of work, I was working part time...) they went for repossession over arrears of £800. Fair play to them. In stepped the saviours that are Capstone/SPML, and confirmed a remortgage to cover the loan, arrears, court costs etc. Seemed a great idea at the time, hindsight’s a wonderful thing. The honeymoon period was great, the monthly payments were only slightly higher than the Abbey ones (the ones we couldn’t maintain). Honeymoon over, and the introductory rate bounced up, the payments rose from something in the region of £200 to over £400 per month (I don’t have the exact figures, this was pre-prozac, there’s a good chance that the paperwork is stuffed down the side of a sofa somewhere.) LloydsTSB were ever so good, there was a little button on the internet banking screen that said ‘increase overdraft’, so a cycle began of us missing a monthly payment or two, getting a nasty letter from SPML, and increasing the overdraft, paying off the arrears, and starting all over again. I got a bit fed up of forever being in overdraft, and asked Lloyds for a loan to straighten everything up. Now, we didn’t fit the lending criteria for Lloyds....but, Black Horse ‘our sister company’ were happy to accept us. I think this is when it really started to go pear shaped. The first loan with Black Horse was ‘only’ about £3000, and things ran smoothly for a while, we were on the edge of our income, so every time we had a vet bill, a domestic appliance die on us, or any other unexpected expense, we were back in the overdraft. We were both working, so Black Horse had no issues with increasing the loan when we got sick of the overdraft fees. We ended up with an overdraft of £7500 before Lloyds asked what was going on. I was very clear with them that we were struggling to keep up with our outgoings, and they converted the overdraft to a special agreement of a separate loan, £75 a month, which we managed to pay every month because the due date was the same day as my wages. Over this period we had also been increasing the Black Horse loan, as SPML really liked sending out court claims for possession. I was also very clear with Black Horse as to the purpose for the extensions on the loan, I recall them actually speaking to SPML and coming to an agreement that SPML would agree to the loan being secured against the property, as long as their arrears were cleared first, before any other debt was repaid. There was another instance where a family member paid off the arrears on the mortgage pending a further advance from Black Horse being transferred, there was full three way discussion between SPML, Black Horse and the family member at this point. The house was repossessed in November 2008. I was ‘out of it’ to such an extent that I had just assumed that I would be able to ‘sort it out’ again, as had happened over the past 5 years or so. Looking back, it might have been less stressful for everyone involved if Lloyds/Black Horse/SPML had not colluded and allowed us to build up the debts to such unmanageable levels. It seems in bad taste to say so, but if the repossession had taken place earlier, rather than Lloyds allowing further increases on the overdraft, Black Horse allowing further advances on the secured loan when the credit files showed that this was an on-going pattern, and SPML accepting several 11th hour payments, many people would be much healthier and happier today. My question is, do I have a case for irresponsible lending? Irresponsible borrowing, certainly, I hold my hands up to that. We knew every time that we extended our borrowing that it was not a solution, only a stop-gap, but felt that mainstream lenders would reject us on the basis of our credit history. The current situation: Black Horse debt £29000- in default for 18mths, with no legal action to date. SPML (sold the house under-value) £3000 owed due to mortgage shortfall, instalments agreed with Scotcall, but defaulted October 2010. Lloyds closed the account January 2011, £5500 outstanding on the loan, £866 on the overdraft (£3600 at the time of the repossession) First solicitor’s letter received last week, demand for £266 overdraft overlimit.
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