Capstone/SPML

[midge61]

Hi

 

Have you checked all your bank statements? Are you sure you missed a payment?

 

Don't believe all their statements. The ones they sent me were a complete mess and very hard to make sense of. Even they weren't sure when the "missed" payment came from.

 

If they told you they had miss allocated your payment then that reads to me you paid they put it somewhere else and have then said you missed a payment..........their fault which would explain why they offered you £30.

 

If I was you I would check all my statements it sounds like they are in the wrong not you.

 

Get all the paperwork together and then file a complaint with the FOS like I have and stress that they are not treating you fairly. It is their mistake and they should refrain from adding charges because they don't know what they are doing.

 

I really hate them...............did you guess lol

[midge61]

ps. Capstone are NOT a mortgage company they are just the money collectors and they cannot help you. I have this in writing from them.

[PurpleCrayon]

I'll be sure to check it out - its like a constant battle with these people - sometimes i feel like just paying to ge them off my back - its so worrying.

Thanks for the advise

[midge61]

Well despite them getting a letter from me telling them that as they have failed to settle the dispute over the alleged arrears I have now filed a complaint with the FOS, they sent a letter yesterday saying that as I have not responded to their correspondence about my arrears they are now going to instruct a debt counsellor to visit!

 

Have written back telling them to get lost and have given them the reference no of the complaint with the FOS.

 

This may have something to do with what is going on at the moment tho

 

Lehman Brothers UK mortgage book in fire sale - 6 January 2009

[midge61]

Hi all

 

Yesterday I got another letter from a different dept answering the letter I sent telling them I was not happy with the outcome of their investigation and I had filed a complaint with the FOS.

 

They say their decision stand but if I can send bank statements to show which payments I think have been made and not applied they will look at it again! Doesn't even say which ones they consider to be the ones that went unpaid!

 

It says they have up to 8 weeks to reply and I can go to the FOS within 6 months........bit late for that already done.

 

They really are a complete shambles.

[midge61]

Hi all

 

well the saga continues. I wrote again after the last letter and received another one stating that it was in fact Jan 07 that had been missed so I wrote back requesting properly laid out arrears statements and reminding them of the FSA rules on dealing with arrears and OFT guidelines on debt collection and also enclosed copy of statement for Jan 07 showing payment made.

 

Today I get a call demanding over £800 to clear my outstanding arrears! I was on the phone for over half an hour and it only ended because the woman on the other end became so frustrated she could not carry on!

 

During the call she claimed the arrears were fron OCT 08 to which I put her right and then she claimed they were from Dec 06 BUT the bank did not return the dd until Oct 08. She said the complaint had been dealt with and closed. Would not believe me when I said that I was still dealing with their investigator. apparently their system only shows the letters I have sent them and not the ones they send me!

 

She kept putting me on hold to check my account and could not answer my questions over when EXACTLY the alledged arrears were from. It was a total farce.

 

She just kept saying the arrears stood and fees still being added and letters and phone calls would continue until I paid.

 

When I told her what was in the last letter she said it was not on system so I said well one of the questions was which securitization package was my mortgage packaged into and then sold on. Her answer was I don't know what you are talking about.

 

I am going to do another letter to the FOS and ask if they can look at this sooner rather than later.

[littledotty27]

I have got to say that was amusing!! It does not cease to amaze me with what they come out with,talk about digging a deeper hole!

 

Do these people get paid a high bonus for bull sh***?

[jansus]

Its so wrong in every way. It should be standard practice to give a compleste breakdown of the arrears on any customer file and they should be able to lay their hands on that information at any time. I hope you get it sorted and get a refund of all the charges - have they affected your credit file as well?

[midge61]

Hi Janus

 

I don't know about my credit file but to be honest it is already ruined by Cap one default and long on going dispute with A&L.

[brassed-off-2]

Hi Midge

 

I must urge you to check your credit file, as you know we are in the same boat as you, regarding charges,missed payments etc resulting in a 2nd suspended repossession etc..

 

I have got copies of mine and hubbies credit files last friday, and considering that they were saying we had missed octobers (which had been paid) so on and so forth ..

and bearing in mind that the mortgage is in joint names, my husbands is saying 2 missed payments and mine is saying 6 missed payments, although the mortgage has never changed, altered, ammended etc in any way it just is not making sense..

 

Plus going through it has opened up a whole more can of worms, that i am now going to have to seal with in order to repair our credit files (data protection issues) to help us to get away from spml...

 

Regards

brassed off 2

[midge61]

Another call today!

 

The amount owed now is £5 more than on the 12th! I again explained that unless they can state exactly where the non payments have arisen from I am not going to make a payment. The girl could not locate the arrears and passed me to the woman who has been dealing with my complaint.

 

She says the statement I sent on the 5th was not enough they want the full months statements. Apparently their bank took 2 years to pick up the returned payment but they cannot do a trace and therefore it is down to me to provide the evidence to proove that my payments were made! She wants me to provide proof of all the payments I feel have been made and not applied. I said how can I do this if they are not making it clear which ones have not been paid. She reckons they have made it clear!

 

I questioned their statements and the fact that there are silly amounts such as 26p being debited but she said it would not show such amounts unless it was to do with an adjustment of interest so I said well if it does not state that clearly then that means the statement does not make sense.

 

We went round the houses and eventually she said the arrears stand at £615 so I pointed out that this does not tally with any monthly payments she then tried to say that it must be due to part payment from some time last year but as I said to her all my payments have been made in full and on time for the last 17 months so she then said she would do a manual statement and perhaps I should go to CAB to get them to explain them to me!

 

I pointed out that I understood that charges etc should not be added to the arrears amount but she insisted that that was the correct way and as the FSA would have it done.

I again said that until the FOS have investigated that I considered the alleged arrears to be in dispute and they were wrong to keep harrasing me for payment of them but apparently my writing to them and giving them the reference number from the FOS was not enough and until the FOS actually contacted them they would continue pressing for payment and adding charges.

[jansus]

I would do a follow up letter and copy the FOS.

 

Something along the lines of:

 

I refer to our telephone converstaion and I would ask you to accept this letter as an official complaint about the way you are handling my account. On several occasions I have requested a full statement of the alledged arrears figure which I am disputing.To date I have had no written breakdown and verbally you have changed the amount of the arrears and the alledged missing payments on several occasions. I also am disputing your statement that the arrears charges are included in the arrears figures.

 

By return please provide a detailed breakdown of the alleged arrears figure at todays date and a full list of charges that you have applied to my account and what they are for.

 

I have copied this letter to the FOS but would hope that we can resolve this matter before contacting them again. Please note I appreciate this is a serious matter that is affecting my crredit file - all I am trying to do is resolve this once and for all.

 

For your information I am still confident all my payments have been made and are up to date

[midge61]

Hi

 

I have to date received 3 arrears statements each slightly different.

The woman today is going to send out yet another.

 

What really p****s me off is their claim that the returned payments from 2 years ago were only passed onto them in Oct 2008 by their bank.

Can this really happen?

[jansus]

Do they mean DD being refused?

[midge61]

Yep

 

They say the dd's were returned un paid but the bank only informed them in Oct 2008 and that they cannot do a trace so I have to provide the proof.

[jansus]

That sound ridiculous . So on your previous mortgage statements the payments would have shown as being made and no arrears - but now they are saying that they have backdated returned DD to 2006? !!!

 

To be honest I have never heard of that before.

 

I guess you should be able to check one way or another, or write to your customer service department of the bank for their comments about the accusation?

 

If you have had returned DD you would know I guess because of bank charges?

 

Have they told you exactly what payments were returned by the bank - according to them?

[midge61]

Hi

 

It started off with them claiming the arrears were from Dec 2006, I sent proof of payment so then they said there were definately arrears and I should provide proof of payments.

The last letter said the arrears were from Jan 2007, again sent proof but now they say that's not enough and want full months statements as they don't believe me.

 

When they sent statement of arrears I picked up charges for returned dd's when no dd was in place but they won't have that.

 

I provide proof then they change the goal posts so that is why I complained to the FOS.

 

I have been at work tonight but apparently they phoned again so that is 2 days on the trot. I must of upset the woman yesterday!

[jansus]

I dont see why they would want a full months statements as far as i know if a DD is returned it would be within a few days - may be worth doing a bit on investigation on that. Do you thiink your bank would be willing to do a letter stating that there were all payments to Capstone were made without problems between xxxdate and XXXdate - even if it cost you a small amount of money to get the letter that would put the onus back on them. If you explained the problem they may be willing to help?

[brassed-off-2]

Hi Midge

 

be careful that they dont add extra charges for the statements on too, ive just received our qtr'ly statement and found 2 lots of £35.00 added one for the statement of arrears that i requested over the phone, the automated human muppett advised it would be £10.00, the 2nd was for a final settlement statement...this i never asked for, oh heres hoping this will show up in the sar when i get it and then i can compile my huge complaint to the fsa, cml, ico, mp, fos,...have i missed anyone...

I refuse to deal with the morons on the phone anymore and will be writing, and sending recorded always!!

oh finally got the interest rate confirmed too, on this statement it is 7.41%, do you know if this includes the current libor or is that extra on top?? they also sent a lovely photocopy of their updated charges and sundry fees, i might make one of my own up and send it to them everytime i have to post a letter...

 

Did you recive your sar ? if so was it all complete, i.e phone transcripts etc or did you have to complain about that too?

 

back to my bank statements for cross ref to arrears statment, complete mess from day one....

 

keep smiling Midge we will ware them down between us !!!!

 

b-o-2

[midge61]

Hi

 

I have to say I have not been charged for my statements (well as far as I know).

 

I haven't actually sent them a SAR but think I will need to.

 

I am going to write to the 2 banks that I used during the timeframe Crapstone claim the dd's were returned and ask them to supply a complete list of transactions concerning SPML.

 

They are phoning everyday now so phone is turned off:p as i really can't deal with this at the moment. I am struggling to get my wages due from Jan from last employer and new employer has sent my wages to someone else! So bills are mounting as is the stress!

 

I need to put a day aside to get all my Crapstone paperwork in order and get these letters done.

[midge61]

Hi

 

I have today had a letter from Crapstone to say they have now received a letter from the FOS re my complaint and so all communication will be via the FOS.

 

I have also just read a post on another forum I post on from a user that has had the same problem with SPML and won via the FOS with SPML admitting that they had "failings" and they have been told to correct the mortgage but are STILL charging the user and have not done what the FOS have said they need to do!

[brassed-off-2]

Hi Midge,

Surprising what turning your phone off can do !! the craap crapstone staff told the computer yes...send a letter... not the usual computer says no syndrome....

Hope the FOS sort it out for you soon, i know its taken you over a year to get this far...how long do you reckon it will now take for them to sort crapstone out for you ??

 

Keeping my fingers crossed its not too long !!

TTFN

B-O-2

[c_allen]

I'm glad to hear that you have stopped speaking to them on the phone. the first piece of advice i give to anyone having any problems with people like these, is to write to them saying that you will only deal with them in writing, I always include some reasons why i'm requesting it, like " i have been told one thing on the phone but when you write you tell me another thing". this way you have a perfectly acceptable reason for your request, which will stand you in good stead should harassment ever become an issue.

Never try to get an agreement over the phone, never accept what they tell you over the phone, you will NOT have any evidence to use should the need arise.

I always ask them to prove to my satisfaction that they are who they claim to be, which of course they can't, always a good laugh.

 

I'm not being critcal, I just think that people should only ever corrispond in writing when you dispute, disagree or question ANY company, especially some of the **** out there;)

[midge61]

hi all

 

Well the postman has just bought a letter from Crapstone telling me that as I have arrears of over £1200 (not true this months payment was paid yesterday) and unless I can pay it within 7 days their solicitors will be instructed, at considerable cost to me to go for re-possession!

 

Cosidering I have a letter from them stating that all further communication will now be via the FOS this is really p***ing me off now.

 

I am going to phone the FOS I think and copy everything to them.

[midge61]

Have just had a call back from FOS who have spoken to Crapstone.

 

Crapstone have said this is a letter that is sent on a 3 monthly basis if you have arrears and was sent before this months payment was made so threat will not be carried out. So good of them.

 

 

They said they were aware that I have an agreement to pay by the 10th .......so why send threats on the 4th!

 

They also said they will continue to chase the arrears and the FOS said if i can pay then I should to stop Crapstone calling but if my complaint is upheld I will get them back!

 

Anyway I have had another statement that doesn't make sense so am making copies of everything and sending to the FOS.