Jump to content


  • Tweets

  • Posts

    • Thank you very much for your letter in regard to the above mentioned shipment.  Due to the high volume of parcels coursing through the courier network each day, undergoing continuous processing and handling, certain packages may experience delays or even can get lost in the course of this journey. Please note that due to the time that has passed, this shipment has been declared as lost.  I have today processed the claim and made offers to the value of £75 as a goodwill gesture without prejudice. I do acknowledge that you have mentioned in your letter that the value was higher, however, you did not take out any protection to that amount. The protection for this shipment was £20 and we will not be increasing our goodwill offer any further.    Please log into your account online in order to accept our offer. Once accepted, our accounts department will process the claim accordingly. The claim payment will be processed and received within 7 working days.                                  In addition, a refund of the carriage fee will be processed as a separate payment and will be received within 3 working days.  If I can further assist, please feel free to contact me.   I have also just noticed that yesterday afternoon they sent me an email stating that "after my request" they have refunded the cost of shipping. I did not request the refund so will mention that in my letter as well.
    • Hi I had to leave Dubai back in 2011, during the financial crisis. And only now have I received a letter from IDRWW. Is this anything to worry about about as I have 2 years left until it’s been 15 years(statute barred in Dubai). Worried as just got a mortgage 2 years ago. Could they force me in to bankruptcy? Red lots of different threads on here. And unsure what true and what isn’t. 
    • Not that TOR will see this now he's thrown in the hand grenade. Rayner has plenty of female supporters on X, for a start. As for the council and HMRC, fair enough and I thought Rayner was already in touch with them. That's where it should be dealt with, not the police force. @tobyjugg2 Daniel Finkelstein thinks the same as you about tax. The Fiver theory. How the Fiver Theory explains this election campaign ARCHIVE.PH archived 28 May 2024 17:36:51 UTC  
    • Often with the Likes of Lowells/ Overdales that 'proof' doesn't stand up to scrutiny.   Think about it like a game of poker, they want to intimidate you into folding and giving up as soon as possible, and just get you to pay up and roll over, that is their business model, make you think your cards are rubbish. What they don't expect, and their business isn't set up for it, is for a defendant to find this place and to learn that they have an amazing set of cards to play. Overdales don't have an infinite number of lawyers, paralegals etc, and the time / money to spend on expensive court cases, that they are highly likely to lose, hence how hard they will try to get you to roll over.  Even to the extent of faking documents, which they need to do because the debts that they purchased were so cheap, in the first place. Nevertheless it works in most cases, most people chicken out, when they are so close to winning, and a holding defence is like slowly showing Overdales your first card, and a marker of intention that this could get tricky for them. In fact it may be,  although by no means guaranteed that it won't even go any further than that.  Even if it does, what they send you back will almost certainly have more holes than Swiss Cheese, and if with the help you receive here, you can identify those weaknesses and get the whole thing tossed in the bin.
    • So Rayner who is don’t forget still being investigated by the local council and HMRC  is now begging to save her seat Not a WOMAN in sight in this video other than Rayner  Farage is utterly correct this country’s values are non existent in her seat   Rayner Pleads With Muslim Voters as Pressure From Galloway Grows – Guido Fawkes ORDER-ORDER.COM Guido has obtained a leaked tape from inside a meeting between Angela Rayner and Muslim voters in Ashton-under-Lyne...  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Cheshirelad Repossessed


CheshireLad
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5313 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

while since I've been here, but thought and update would be interesting for others and always interested to hear different opinions. Capstone took the full 8 weeks reply and apologied for the delay in producing the remdemption figure and put it down to a staff training problem and they were very pleased I'd pointed it out to them. They then went on to say they had not received all of the details of my complain but asumed I was complaining about the charges they had applied for selling the property. They went on to say they were entitled to charge what contractually they wanted to.

 

I have now made an offical complaint to FSA and waiting for them to look at it (this week hopefully, they have a one month back log due to the volume of complains)

 

I'm planning on waiting to see which way this goes, the supposed short fall is approx £3700 (of which the estate agents is £2000 more than they told me they charged, and the extra interest is about £500, redemption penalty is another £2000) I have a claim ready to send to Capstone for £1000 arrears admin fee's & charges applied to the account before they repossesed.

 

I also wonder if I could claim the HLC back on the basis they would not have to claim if they got all there money back.

Link to post
Share on other sites

  • Replies 65
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

I also wonder if I could claim the HLC back on the basis they would not have to claim if they got all there money back.

 

did they have an insurance policy on this shortfall?

Have they sent you a full breakdown of all the costs involved?

Why was the estate agent more than quoted?

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

did they have an insurance policy on this shortfall?

Have they sent you a full breakdown of all the costs involved?

Why was the estate agent more than quoted?

 

 

We were charged the HLC on the 1st mortgage statement, so assume they had one, I wonder if my case could be to prove it was not required as the property sale price covered the loan, so they got there money back.

 

Capstone have charged 2% estate agents fee, the estate agent concerned told me they charge 1.25% the difference in money is £2k

 

they did give me a full breakdown which I have been though and in total dispute approx the shortfall (which they have have not asked for) they show I owe

Link to post
Share on other sites

There is a facility for you to apply under the possession order for the Capstone to account to a Judge for all the money they took from the sale if you can get it in writing from the eatae agent what they charged your are in you as they paying party are allowed to see all invoices that were deducted from the balance so

Ask them for the eastate agent fees

Link to post
Share on other sites

There is a facility for you to apply under the possession order for the Capstone to account to a Judge for all the money they took from the sale if you can get it in writing from the eatae agent what they charged your are in you as they paying party are allowed to see all invoices that were deducted from the balance so

Ask them for the eastate agent fees

 

thanks Bona, that an interesting point, I want to get feel from the FSA perhaps later this coming week as to how they view my position. I clearly feel Capstone have egged the charges and find the attidude appalling re the delay with the redemption figure as this cost me extra interest for the delay.

 

will update the thread as more info becomes available

 

Cheshirelad

Link to post
Share on other sites

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

 

wow.. having read the posts on there it sounds like they were written for me!

 

thanks Jansus

 

Mortgages 2 Plc ERC £6k days away from repossession had to remortgage to SPML, then 18months later ERC to them £15k, days away from repossession just manged to complete a sale and pay them off.

now the Capstone charges, I'm going to be busy!!

 

I have requested SAR's from Mortgages 2 plc 3weeks ago. no reply yet( not cash cheque either) and SPML (they have cashed cheque) no reply yet

Link to post
Share on other sites

Work in progress really - its not something we seem to have any definitive answers - and as I said when I try to ask FSA or FOS I just seem to get blanked.

 

But I think all the questions being asked are the right ones!

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

Work in progress really - its not something we seem to have any definitive answers - and as I said when I try to ask FSA or FOS I just seem to get blanked.

 

But I think all the questions being asked are the right ones!

 

I need to do more research, but what I've read sounds very positive.

 

the FSA say a reply to me is in the post re: my complaint to Capstone. apparently I've not given them a second chance to offer a reply to my complaint........ so FSA will give them a bit more time. J***s they've had nearly 3 months.

Not seen the letter, just what the man told me over the phone so will see.

Thanks Jansus

Link to post
Share on other sites

Hiya

 

Cant really offer any advice, just my support.

 

Ours was repossessed by Kensington May 2008, sold £70k under market value at the time.

 

Touch wood, we haven't heard from them yet regarding mortgage shortfall!

 

Anyway, hope you get it all sorted :)

 

Rach x

 

Thanks Rache, yes you need all the support you can get much appreciated

 

best thing I've found is a low profile no what i mean:)

 

best wishes

 

Cheshirelad

Link to post
Share on other sites

  • 2 weeks later...
Hiya

 

Cant really offer any advice, just my support.

 

Ours was repossessed by Kensington May 2008, sold £70k under market value at the time.

 

Touch wood, we haven't heard from them yet regarding mortgage shortfall!

 

Anyway, hope you get it all sorted :)

 

Rach x

Rach - have you asked for any breakdown on fees/shortfall? My mortgage co have not been in touch at all, despite knowing my address and a letter just after the eviction saying I wanted to be kept in touch regardign the sale. My feeling is they will wait a few yeasr for us to get back on our feet and then try and take us down once again with interest added

Link to post
Share on other sites

It is very important that you do keep\in touch with the lender - they should be keeping you informed on the sale /fees etc and I think they have to return to court to obtain a money order to agree the final debt. They then can pursue this and probably will . And yes you are correct there will be interest accruing. How will you be able to challenge any costs or fees or Selling Price if you dont know what they are ?

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

  • 1 month later...

Update

 

1. The FOS are now progressing my complaint against Cap/Preferred. Will post when I have some news. FOS say could be a while as they have a huge volume!!!!!

 

2. I sent a letter (standard template) requesting the refund of penalty/default charges + plus interest (just under £2000 in total) to Capstone for a mortgage I had with SPML between 2002 & 2003. Capstone replied this morning with standard bull***t, I will be sending LBA on Thursday as thats the end of the 1st 14day period. I intend to issue bang on 28days.

 

I have a question, who do I issue against, Capstone or SPML? do'es anybody have the correct address?

 

3. MortgagesPlc said they would not give me info about my account against my SAR as the account was joint and my dearly beloved had not signed the SAR request. Think they are out of order with this? but have re-submitted.

 

So thats were I'm at, any comments, advice greatly apprieciated.

 

Don't know if I've mentioned this before? and possibly it should be for another thread? I have a claim against Natwest for £7000 bank charges they have acknowleged but I have not taken futher due to test case. I'm aware of the recent announcement. Should I perhaps progress on the grounds of hardship? I do owe them £17k which is with a collection agency but they are not pushing, bit strange really. I presume if I issue they will counter claim our vice versa I could, if they issue?

 

I'd be interested in any comments

 

thanks Cheshirelad:)

Link to post
Share on other sites

  • 2 weeks later...

can Anybody help?

 

I've just sent Capstone LBA regarding mortgage penalty charges on a SPML mortgage I used to have. I feel sure I will be issuing by month end but I want to make sure I issue the claim against the right company and their reg office.

 

Can anybody confirm should it be Capstone or SPML ? :)

Link to post
Share on other sites

Hi again

 

glad things are moving forward even if it is at a slow pace.

 

Reference to your other charges are you aware of the new terms of the waiver with regard to hardhsip cases? If not I will post a copy.

 

I am on another site as well and we are still getting some successes on hardship cases - again hard work with some banks but definitely worth a try.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

yep your replys will come from Capstone as SPML seem to be just a shell now. According to companies house they have failed to supply their full accounts on time.

 

sorry if I'm not understanding you, should the claim be issued against Captone in their name or SPML in their name?

 

I just don't want to find I've issue incorrectly and waste time and cost having to reissue.

 

thanks for you help

Link to post
Share on other sites

Hi again

 

glad things are moving forward even if it is at a slow pace.

 

Reference to your other charges are you aware of the new terms of the waiver with regard to hardhsip cases? If not I will post a copy.

 

I am on another site as well and we are still getting some successes on hardship cases - again hard work with some banks but definitely worth a try.

 

Hi Jansus

 

hope your well, beautiful sunshine in cheshire this afternoon.

 

if you could post the info you have or link to the forum that would be great

 

thanks

Link to post
Share on other sites

  • 2 months later...

Update

 

MCOL when in against SPML for cica £2K, at the 11th hour they submitted a defence saying the claim was statue barred as the charges were more than 6yrs old ( charges levied between Oct 2002 & July 2003) and in any event they were entitled to charge whilst I was in arrears and I had agreed to this when I signed up for the mortgage.

 

I have to submit a AQ by tomorrow and pay another £35 fee, but have received a settlement offer the day before yesterday, offering nearly 50% of my claim.

 

They say the offer is made for purely for commercial reasons and if I don't accept it they will draw it to the attention of the court and that the court could take it in to account when assessing the conduct of a party for unreasonableness if the court uses it's discretion to order costs.

 

my other concern is they are asking me to sign a court draft order accepting their offer in full and final settlement of this matter and any other claim arising out of mortgage a/c no *********

 

Which would give me a problem if at a later date there was an opportunity to make a claim for the £15k ERC I paid when the house was sold with in days of repossesion

 

Any opinions or advice much appreciated

 

Cheshirelad

Link to post
Share on other sites

The way round the 'full and final' statement is to delete 'this matter and any other claim arising out of mortgage a/c no *********' and add ' of this claim'

 

Have they not added a confidentiality clause as well ? if so simply cross that out :)

 

 

saint

 

Thanks Saintly

 

no confidentiality clause

 

I am considering the offer to box this off now, against £35 AQ fee tommorrow, a court date set any time in the next 3 months. Then the possible court games etc, etc. And it could go against me?

 

I'm just about to MCOL Mortgage Plc for a similar amount then theres Preferred after the FSO have delt with my complaint.

 

Cheshirelad

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...