Cook V SPML

[joanneclaire]

Hi Everyone,

 

I have a quick question?

 

I used to have a mortgage with Southern Pacific which thankfully we moved from early this year.

 

However, now I am no longer a customer or have an account with Southern Pacific can I still re-claim the charges?

 

and if so, can I re-claim the charges made simply for us moving from them, even though we were out of out initial tie in with them - they still charged us £500

 

thanks

Joanne

[Seminole]

Yes you can. I am in the process of settling a claim with them under which they will be paying me back all of my uncleared transactions and arrears management charges- some £1,500 in total including interest and costs.

 

I was quite lucky in that I had a complete list of charges but I made a DPA request anyway to obtain a schedule of manual interventions. To be fair they were efficient in responding to my letters requesting charges. However, I would recommend sending the DPA request (plus the £10 cheque) by recorded delivery as they were a bit tricksy in how they responded to mine. I only received it after we has agreed to settle!

 

SPML hit their customers with a baffling array of charges. I only attacked on the narrow front mentioned above and I steered well clear of anything that could be contrued as a service. I am not even sure about the uncleared transaction charges but I think I could have argued successfully on this point.

 

The claim reached the stage of a scheduled hearing. The defence was filed by Glenisters who seem to do a lot of work for SPML. It was detailed and dealt with the work done to manage an account in arrears and how they deal with bounced payments. It was more detailed than other defences I've seen. In my day they charged £65 a month at the end of each month the account was in arrears and the defence justified this on the basis that they had to do work each month. Looking at the DPA-supplied manual interventions, it's clear that this isn't the case although it's worth remembering that a mortgage company is likely to do more work in dealing with an account in arrears than with an overdraft. Nevertheless I did manage this account badly and if their standard of record keeping hasn't improved then I would imagine other customers find a similar pattern.

 

I don't want to say any more about this at the moment as I don't have the cheque yet.

 

One other thing to mention is that SPML charge interest on a monthly basis. When I redeemed, they tried to charge me for the whole month. I complained at the time and they refunded me. To this day I remain amazed that they thought that they could charge interest on a loan after it had been paid back.

[Seminole]

Hi Everyone,

 

 

and if so, can I re-claim the charges made simply for us moving from them, even though we were out of out initial tie in with them - they still charged us £500

 

thanks

Joanne

 

How did they describe the £500?

[joanneclaire]

Hi,

 

Well just got out all my paperwork, gosh its confusing! :-|

 

Our mortgage ran from April 02 - Feb 06, and I dont seem to have anything for the first couple of years

 

I too got charged the full months interest even though we completed on 16th of the month, so maybe I can claim this back too?

 

having checked our final balance, it actually looks like they removed the £500. but still the figures dont add up from what their final statement was and what was actually paid to them on completion, only around £50.

 

From what I have, it looks like it will only be for a smallish amount I have £175 in unpaid DD Fees, £50 fees for the plesaure of me having my own insurance and not theirs, and then around £174 of interest they charged my after my completion for the month.

 

I guess I need a full breakdown from them of all the costs they charged during my time with them??

[joanneclaire]

Hi Seminole,

 

How did you find out where to send you DPA to?

 

I have tried the search facility on the template thread, using both registered numbers I have for both Southern Pacific and also Capstone Mortgages (this is the co they transfered me to before we completed, although they have the same address ect but different 'registered addresses' and different registered numbers??

[Seminole]

I was pre Capstone so I'm not sure I'm afraid. I would send the DPA to whoever is mentioned as the lender on your mortgage.

 

I think you should be able to claim the extra interest. I did this in 2004 by simply saying that it seemed to be breach of unfair contract terms regulations. They tried to fob me off but I then made an empty threat of legal action and they rolled over.

 

You probably shouldn't try to recover insurance fees as I'm not aware of anyone who has successfully done this with anyone. The unpaid dd fees are worth pursuing but bear in mind that SPML is the recipient and not the payer of the funds. There are slightly different issues here to the charges made by a bank for failing to pay a transaction.

[joanneclaire]

After submitting my DPA request to SPML I have today received all my statements (well in advance of the 40 days given)

 

I have a couple of questions if anyone can help on whether I can claim these costs??

 

This mortgage originally started out with their own home insurance in place, after a couple of months I realised this rate was extortionate so I changed to my own insurance and they charged me £50 for the pleasure!

 

SPML also charged a fee of £25 per year if you take out your own home insurance as opposed to having their extortionate home insurance

 

My mortgage with SPML was an interest only one, which was paid in full on the 16th Feb 2006, but they charged me for the whole month - even though they were paid in full half way through the month - can I claim this interest back after the 16th Feb?? How can they charge interest on a fully paid up account?

 

They also have charged me £15 on the 2nd and 8th Feb 2006 (just prior to final payment been made) for 'Early Repayment Statement Fees'

 

I guess before I submit my first letter I want to be sure on everything and whether or not all these additional fees are 'claimable' ??

 

thanks

Joanne

[joanneclaire]

I see there seems to be a few people now commenced claims against SPML, I still havent started this claim as yet, but now Ive sorted Halifax, going to look into this one, however, for those of you who have started your claim, I hope you dont mind me asking - I have a couple of questions if anyone can help on whether I can claim these costs??

 

This mortgage originally started out with their own home insurance in place, after a couple of months I realised this rate was extortionate so I changed to my own insurance and they charged me £50 for the pleasure!

 

SPML also charged a fee of £25 per year if you take out your own home insurance as opposed to having their extortionate home insurance

 

My mortgage with SPML was an interest only one, which was paid in full on the 16th Feb 2006, but they charged me for the whole month - even though they were paid in full half way through the month - can I claim this interest back after the 16th Feb?? How can they charge interest on a fully paid up account?

 

I guess before I submit my first letter I want to be sure on everything and whether or not all these additional fees are 'claimable' ??

 

thanks

Joanne

[twinkler]

Hello,

I too am claiming against an old mortgage with SPML. I sent my DPA letter almost 30 days ago and still have heard nothing. Do you happen to have a email address for SPML?

[Seminole]

I see there seems to be a few people now commenced claims against SPML, I still havent started this claim as yet, but now Ive sorted Halifax, going to look into this one, however, for those of you who have started your claim, I hope you dont mind me asking - I have a couple of questions if anyone can help on whether I can claim these costs??

 

This mortgage originally started out with their own home insurance in place, after a couple of months I realised this rate was extortionate so I changed to my own insurance and they charged me £50 for the pleasure!

 

SPML also charged a fee of £25 per year if you take out your own home insurance as opposed to having their extortionate home insurance

 

My mortgage with SPML was an interest only one, which was paid in full on the 16th Feb 2006, but they charged me for the whole month - even though they were paid in full half way through the month - can I claim this interest back after the 16th Feb?? How can they charge interest on a fully paid up account?

 

I guess before I submit my first letter I want to be sure on everything and whether or not all these additional fees are 'claimable' ??

 

thanks

Joanne

 

Good news and bad news.

 

The bad news is that I think you're flogging a dead horse with the insurance issue, It doesn't look like a penalty. They are probably entitled to make a charge for checking your insurance to make sure that their interest in the property is protected.

 

The good news is that they have paid back the extra interest they take from you in the last month of the mortgage. They did this for me way before I found this forum just on the back of two letters. It really is a nasty little trick they play and I wonder how many people fall for something that is so manifestly unfair.

[joanneclaire]

Well never heard anything from my Pre-Lim, so now sent my LBA to SPML

[joanneclaire]

I have now received a letter from SPML, looks like a basic letter really saying they now acknowledge receipt of my two letters and reference to my complaints

 

they state they have requested my file and will do a full investigation to my complaint. they aim to reply within 4 weeks, but state that the FSA allow them 8 weeks and they will make sure I receive a final reply within 8 weeks.

 

Is this their normal way of handling things?

 

As I have now issued them with all the letters, my next step is moneyclaim online which is due in under 2 weeks time now.

 

Should I just proceed with the moneyclaim as planned, or because they have now sent me this letter, do I have to give them more time to deal with it?

 

thanks

Joanne

[twinkler]

It would seem that ive had the same letter as you sent to me last week.

Ive sent SPML my prelim letter but not yet got to the LBA letter.

Ive been told 4-8 weeks also. I will be waiting the 14 days ive already stipulated plus an extra 7-10 days to give them a chance (i wouldnt do this if it wasnt a mortgage case!).

Once their time is up i shall be sending my LBA.

Are you claiming erc?

[markl]

Will be watching with great interest Joanne

 

I am going to start a claim against this company aswell as I had a mortgage with them for 3 years and they love the charges...

 

Mark

[joanneclaire]

I was due to commence a court claim against SPML in early September, however, I know bad timing on my part as I never commenced the claim due to me going on holiday for two weeks at the time and didnt want to miss anything important whilst I was away or something that needed a response.

 

anyway, I have now returned and this morning received a letter from SPML basically outlining my complaints, saying they have now completed their investigations and found that they acted accordingly and in accordance with the terms and conditions of my mortgage account.

 

they say that the fees applied for returned DD were correctly applied as they were unable to collect payments.

 

they also say that the whole months interest charged when I closed the mortgage was correctly calculated as my account was charged interest on the 'monthly' basis.

 

in summary, they say all charges where applied to my account in accordance with my mortgage terms and conditions.

 

basically sod off!

 

where do I stand now? as they have now responded to my letters giving their so called reasons?

 

can I still persue this claim and file the court claim? Im guessing I would have to take out the bit where they have failed to respond to my letters? but is their something else I should put instead?

 

thanks for your help

Joanne

[Seminole]

That's exactly the same crap they tried to fob me off with. File your claim. Just take out the letters bit.

[joanneclaire]

Well SPML have until Wed 18th Oct to file a defence, they havent acknowledged my claim as yet.

 

After searching for info on a 'judgement' could someone please clarify for me what will happen?

 

I know that I can enter the judgement sometime after midnight on the 18th, but before 9am, to ensure the court will deal with it the same day, SPML has then until 4pm that day to acknowledge.

 

Im guessing if this happens I will 'win' by default, but what happens after that?

 

are they 'ordered' to pay up by the court?

how long do they have to pay?

do I have to do anything else after the 'judgement'?

 

sorry for the questions, just not sure on what will happen on Wed if they dont acknowledge.

 

thanks

Joanne

[joanneclaire]

well you guessed it, they filed a defence in the last hour! so according to the courts they now have a further 14 days, taking them up until the 1st November.

 

However, I have today received a letter from their solicitors with the following content:- dated 19th Oct (day after the defence was filed)

 

We have just received the papers and in the circumstances so that we may fully investigate the matter and prepare a defence we shall be grateful if you will grant us an extension of time in which to serve the defence of 28 days.

 

The Civil Procedure Rules (part15.5) allow the parties to agree that the period for filing a defence be extended by up to 28 days. By our calculations our clients defence is due on the 1st November 2006 and we are seeking n extension until Wednesday 29 November 2006.

 

If you do not agree we will apply to the court for an extension and seek an order that you pay the costs of such an application. We trust this will not be necessary.

 

so I guess, what do I do now? can they do this?? they are seeking the 28 days after the first 28 days has expired!

 

do I have to go along with this and let them have the extension? as they state they will charge me the costs if I basically dont agree and let them have it??

 

has anyone ever had this also?

 

thanks for your help

[joanneclaire]

Hi,

I have now received my AQ and need to get it back by the 17th Jan.

 

I have looked at the libary to see how to fill this is, all seems straight forward other than section 'G' which is the 'other information' bit?

 

do I just copy what is written in the libary templates section? or do I need to add/change anything?

 

the one in the libary refers to 'banks' and i wasnt sure if this was correct for us as this is a mortgage co?

 

any advice would really be appreciated as i dont want to mess this up now ive come this far.

 

thanks again and good luck to everyone

Joanne

[joanneclaire]

I have today filed my AQ, so I guess onto the next step.

 

I have a question, if anyone knows?

 

In the defence they have stated / denied that I have any entitlement to bring these proceedings alone and that my husband would be a necessary party to my claim.

 

It is something i never even thought about, as I only have my name on the claim and mortgage was a joint mortgage with my husband?

 

Joanne

[paulpb123]

Hi Joanne,

This happened to me. Write to the court and request that they ammend your claim to include your husband's name and make sure that he signs it, of course. I think it costs £35 to do this (it was so long ago I can't remember).

All the best,

Paul

[Les Gunn]

Hi Joanne,

 

Yeah, Paul is right - it's £35. Good luck!

Check out my thread soon about SPML - some interesting happenings since I was last on!

 

[joanneclaire]

HI Guys,

thanks for your info, it is not too late?

 

I have today posted off the AQ, so do I wait to hear back from the courts now?

 

thanks so much

Joanne

[paulpb123]

No, don't wait for the court, simply send the letter from your husband and a cheque for £35. Keep it simple. This is what I sent:

 

Claim Number: 6QZ75852

 

To whom it may concern,

 

I hold a joint mortgage account with Accord Mortgages with xxxx, account number xxxxxxxxxx. With reference to 10 (1) (b) of the Defendant

[paulpb123]

Sorry Joanne,

I did quick reply and there's a word limit. Here is the letter:

 

Claim Number: 6QZ75852

 

To whom it may concern,

 

I hold a joint mortgage account with Accord Mortgages with xxxxx, account number xxxxxxx. With reference to 10 (1) (b) of the Defendant’s defence, which is as follows:

 

The debit (and any payments made in respect of the debit) was to the joint account of the Claimant and xxxxx. In the circumstances any sums to be re-credited (if at all) to the account fall to be re-credited to both the Claimant and xxxxxx. It follows that the Claimant has no sufficient right to bring the present claim solely on her own behalf and in the absence of xxxxxx as a party to the proceedings.

 

I hereby request that I am made a party to the proceedings.

 

Yours faithfully,

 

 

 

xxxxx