Jemn v SPML

[Jemn]

I have just sent my LBA (letter before action) off to SPML asking for return of just over £400 in only arrears management fee and early repayment statement fee. At this stage I have not asked for interest, arrears councillor fee, repayment charge, or early repayment charge. The account is closed.

This was started in April with a S.A.R - (Subject Access Request) and followed up in late 2007 with the first letter asking for repayment, they replied with the usual their charges are fair; “We are sorry but as a result of our findings, we are not able to uphold your complaint against SPPL. We realise that this may not be the response you were seeking; should you remain dissatisfied with our response you have the right to refer your complaint to the Financial Ombudsman Service within 6 months of this letter.”

So I then took the complaint to the Financial Ombudsman who took some time to come to the decision that they could not help.

“I am sorry to disappoint you, but your complaint does not appear to be one we are able to deal with. Although Southern Pacific Personal Loans became covered by us on 6 April 2007 for certain lending matters, our power to deal with complaints only extends to complaints about regulated consumer credit agreements. A regulated agreement is one where the credit provided is no more than £25,000.

From the information available to me it appears your loan was for £*******, plus a £250 arrangement fee. As this is more than £25,000 the agreement is not regulated under the Consumer Credit Act 1974. In addition, the credit agreement shows that it is an unregulated credit agreement. This means we are not able to consider your complaint about the charges applied to your account.

I realise that this is not the letter you were hoping to receive. I. should stress that it relates only to our powers to deal with the complaint -not the merits. I would also like to apologise for the delay in our informing you that we are unable to look at the complaint. Unfortunately, the relevant issues have only recently come to light. (My bold)

This letter does not affect any rights you may have to take other action against Southern Pacific Personal Loans, for example, through the courts. Therefore, you may wish to consider your legal options.”

 

I take it that the OFT are saying that they cannot help but they are advising me to sue. Will this help my case in court?

Edited September 4, 2008 by Jemn

[Guest Old_andrew2018]

I don't think they are advising court action, just suggesting you consider your options

[Jemn]

Have sent my LBA (letter before action) to SPPL and they are "unable to uphold my complaint......(the fees) have been applied in accordance with Tariff of charges and sundry fees booklet etc etc.."

So have now taken my N1 to the court, I think this will go the whole way. If anyone can give me some pointers; I assume I am still proceeding on the understanding that their fees are not fair?

I am still not sure about the FOS statement above "the relevant issues have only recently come to light." Is this something I should be concerned about?

Edited October 2, 2008 by Jemn

[midge61]

Hi

 

I sent a complaint to the FOS about mortgage charges and although it was over a year ago they have not said that they will not look at it just that they are too busy!

[Jemn]

Hi

I have two mortgage claims on the go at the moment the other is with the FOS they have been dealing with it since May 08, I have tried to contact them recently and keep getting an answer phone.

I think it's time to go it alone with that one as well.

Edited October 2, 2008 by Jemn

[Jemn]

Hi

SPPL's solicitors contacted me before we reached the court, I have accepted their offer and I received the money before Xmas (much needed)

It seems that SPPL do not want to go to court, so others should follow through with claims against them.

[midge61]

hi Jemn

 

Well done! Great result.

My complaint with the FOS is now being looked at. The wwoman that phoned me said they would be looking at whether they had treated me fairly. So we will have to see.

 

I have issues with SPML at the moment they have suddenly discovered 2 missed payments 1 form Sept 07 and 1 from Dec 06. Long battle ahead methinks!

 

Well done again

[Jemn]

Thanks.

Perseverence, and good luck.