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Capstone/Acenden reposession date


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· Distress and Inconvenience

 

I consider that the way in which SPML initially dealt with my complaint and the way in which SPML has failed to respond to the view issued by (Adjudicators Name), is in breach of its obligations under DISP 1.4.3 and 1.4.4 of the FSA Handbook which states:

 

“DISP 1.4.3

The respondent should aim to resolve complaints at the earliest possible opportunity, minimising the number of unresolved complaints which need to be referred to the Financial Ombudsman Service.

 

DISP 1.4.4

Where a complaint against a respondent is referred to the Financial Ombudsman Service, the respondent must cooperate fully with the Financial Ombudsman Service and comply promptly with any settlements or awards made by it.”

 

I consider that the delays caused by the way in which SPML have dealt with this matter has caused me undue distress and inconvenience.

 

Summary

 

It is my understanding that (Adjudicators Name), has determined that SPML should refund arrears charges totalling £925.00. However, it has determined that SPML should not refund legal fees applied to my account or additional interest incurred as a result of the arrears charges and legal fees applied to my account.

 

As I understand it, the Financial Ombudsman Service would look to see that I am placed in the same financial position I would have been in had an act or omission not occurred. I consider that the additional contractual interest applied to my account as a result of the arrears charges being applied to my account should also be refunded. I say this because had the charges not been applied, the additional interest would not have been incurred.

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I am currently working on implementing the FSA notices in relation to GMAC etc into this letter, combined with

 

· Amount of Charges

 

 

FSA Handbook

 

“MCOB 12.4 Arrears charges: regulated mortgage contract

 

MCOB 12.4.1

 

A firm must ensure that any regulated mortgage contract that it enters into does not impose, and cannot be used to impose, a charge for arrears on a customer except where that charge is a reasonable estimate of the cost of the additional administration required as a result of the customer being in arrears.

 

MCOB 12.5 Excessive charges: regulated mortgage contracts, home reversion plans and regulated sale and rent back agreements

 

MCOB 12.5.1

 

A firm must ensure that any regulated mortgage contract, home reversion plan or regulated sale and rent back agreement that it enters into does not impose, and cannot be used to impose, excessive charges upon a customer.

 

MCOB 12.5.3

 

When determining whether a charge is excessive, a firm should consider:

o the amount of its charges for the services or products in question compared with charges for similar products or services on the market;

o the degree to which the charges are an abuse of the trust that the customer has placed in the firm; and

o the nature and extent of the disclosure of the charges to the customer.”

 

When I get a little more time, I will try and get something put together for you...

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Thanks for this, I am hectic at work at the mo, but plan to take a good look through over the bank holiday weekend and get this sorted. Just by taking a quick look, the info there is fab! :)

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  • 1 month later...

Hi all ,

 

We had an application with the fos against the charges with capstone/ascenden. The response was not in our favour and now we have asked the ombudsman to look at it. I wish we had of know that an adjudicator had looked at it previously as we would of insisted it go before a ombudsman.

However it seems that they wont bite the hand that feeds them so i now want to prepare a case to compell them to court to fight for these unlawfull charges to be returned to us plus costs ect.

 

I would welcome any advise as to bringing such an action.

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  • 1 month later...

I can't find where I have originally posted regarding my complaint to FOS regarding the excessive charges added to my account by SPML/Acenden.

 

To cut a long story short, after getting the application to repossess suspended last year we applied to FOS to have our charges removed - these were in excess of £2000.

 

SPML had come back with 2 offers the first £110 and the second £500.

The adjudicator partially upheld the complaint and came back stating that just over £900 should be awarded. This was back in May and SPML didnt respond.

 

 

Today we have had another letter from a new adjudicator saying that SPML wish to offer us full and final settlement of £610 and we have until 2 Sept to respond.

 

I dont believe that this offer is fair, the hell this company has put us through the last few years has been unbelievable!!!!

 

I am really hoping for some help with my response and also if I were to decide to take this through the courts, how do I do this and would this be quicker than waiting on FOS.

 

It is not that I am expecting any financial gain in terms that they would have to give me money, but having these charges removed would take my account out of arrears hence being in a possession to have the suspended repo order removed.

 

 

It is also a personal mission to make everyone aware of the disgusting way this company run their business and hopefully help to stop this continuing.

 

Anyone???

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Hi, have the charges been added to the outstanding mortgage? if so then when they are removed it will have no impact on your arrears - it will only reduce the outstanding mortgage amoutn.

 

Hoiwever, if the charges are indeed added into the arrears total then removing them will indeed reduce the arrears. Arrears are missed payments, not charges.

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Hi Ell, they have indeed been added to the arrears total and not to the end of the mortgage, this is what annoys me most as if they had added them to the mortgage, I would now have been arrears free for approximately 5 months!!!

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So are you saying the arrears (missed payments) have now been cleared and they are chasing you for the charges?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Yes thats correct, the judge did not take any "notice" of the fact that part of the amount they were claiming I was in arrears by included all of their additional charges. And to be honest I was so relieved by the outcome, I failed to bring any more attention to this. I have double checked with them and they have stated that the charges were not added to the outstanding mortgage.

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In which case, if the missing monthly payments have now been cleared, then you are correct in asking for the charges to be refunded. They cannot now take you back to court if the true arrears have been cleared.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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That info has made my tiny grey cells go into overdrive!!! Can I now get the suspended possession order removed? And how do I go about getting initiating a court claim for these charges. I had a look at the mcol on the web but dont know where to start.

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Have you read Bankfodder's article at the top of the Repo Forum? that will tell you how to go about getting the charges back.

 

Re getting the suspended repo removed - you will have to prove that you can maintain a consistent payment record, so the best advice is to make 6 - 9 months payments on time and then apply to the court to have it lifted. The lender does have to agree to it though , if they refuse you can ask for a hearing before a judge to get it lifted but again you will have to prove a good payment record. The ideal payment record would be 12 months.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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My payments have now been made on time for 14 months thanks to the date change which the judge ordered :whoo:

 

One more question, in terms of charges levied onto the account and added to arrears to make them look juicier than they actually are - does this include their legal fees?

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You can write and ask them for a breakdown of their legal fees - as they are expecting you to pay this bill you have a right to see the disbusements (they won't like that as usually their legal team are in house, but they try to charge you external solicitors fees).

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 1 month later...

Hi all, back again!!!

 

In July last year I had a suspended repo order awarded with Acenden and was ordered to pay monthly installment plus £100 by 20th of every month, which I have been religious about sticking to and most of the time paying upto £5 more than necessary.

 

 

In July I called them and they advised me my arrangement was in credit by about £40 and as I was having a bad month asked if I could use this against the payment, which was agreed, so off I go and merrily pay my installment minus £40 as arranged.

 

Last night when I was about to put my payment through I noticed that my payments had gone up dramatically and had no notification of this,

 

 

I got on the phone and was advised that this is something to do with buildings insurance (which I have!) and I would have been notified about it, I was also informed that my account was behind in payments by £89!

 

I told the lady I had not been informed about the building insurance and more worringly questioned the shortfall, which she couldnt understand either, but due to me paying less in July I have been charged £95 TWICE by these muppets when it had been agreed to as I was in credit!

 

I can sort out the insurance thing not a problem,

but I am worried about this shortfall they say I have,

 

 

apart from July I always pay over the agreed amount and can prove it,

but the judge at the last court hearing was very firm when he told me I would have no more chances,

can anyone help please as I am worried about them trying their luck and repossessing me again!!!

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Hi I currently have so called mortgage arrears with ARSENDEN! they total £10,000, a tidy summ, its not until I looked at the charges which are over £8000? How do you apeal to the FSO?

 

Regards

Could someone please advise, I have made a claim with the financial Ombudsman Services against SPML/Capstone/Ascenden whatever they want to call themselves. Over the term of my mortgage they have charged me nearly 3000 for late payments etc. They took me to court and we have a suspended repossession order the arrears (including charges stand at just over 2500) Capstone as they were called in October charged me 115 for late payment but as I could prove their agents had said this would not happen, they ever so kindly took the charge off! I informed FOS of their dodgy dealings and today told them that they had removed the charge.

 

My claim has at this point been passed to an adjudicator whomI have informed of all issues with the aforementioned ****! The adjudicator has today come back and advised me that due to them refunding this single charge, the whold case is going to be looked at again in the next few days in order for him to make his final deecision.

 

Should I be worried? The reason for the charges mainly stemmed from late payments as beore my court appearance they refused to change the date of payment. Yes they did refund one charge but I strongly believe they need to refund all the charges. Is this a lost cause, I am quite concerned now

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As some of you may be aware I have some ongoing issues with Acenden.

The first is a complaint via the ombudsman for refund of charges,

this has been ongoing for 14 or so months now,

but I am patient and dont mind waiting!!!

 

 

The next is a mortgage with a suspended repo order and this is where my issues lie!!!

 

The arrears they are stating include charges and are being paid at £100 a month on a date set by the judge in court at the same time as my normal monthly payment. Acenden gave me an additional 3 days on top due to payment processing time!!

 

I have been making these payments religiously since I went to court and up until recently I could see my arrears going down. However, in April they changes some of their payment terms, though failed to mention this to at least one customer.......ME!

 

I have been puzzled by my arrears balance for a few months now but I realised there was something wrong and I called them.

 

 

First they told me my arrangement was £89 in arrears with no explanation why and that I had been getting £95 of charges added since July.

 

 

They decided that they would take a full investigation of my account and call me back,

they didnt call back so I called them 2 days later and by some miracle or bizarre force my arrangement now showed as £52 in credit?????

 

In terms of the charges it turned out that they had me down for 2 different payment dates and as I always met the 2nd and only date I have ever been informed about had been getting these charges.

 

 

They said that the £95 charges would be refunded and passed to a manager to deal with.

I decided that after all the rubbish this lot had been trying to feed me to keep a very close eye on things and to check this had been done and you can imagine my surprise:x

 

 

when my account had incrued yet another £95 charge the day after the mess was meant to be sorted out because it was computer generated!!!!:-x

 

This refund of charges has now been passed as urgent,

but what can I do if they dont do this,

 

 

can I make a complaint as I believe and have said to them that they are hindering my attempts to clear my arrears and keep me tied to their litigation department forever.

 

 

Of course they said this isn't the case. Any ideas on how I should proceed with this??????

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My case was not upheld against Acenden for unfair charges, does the Ombudsman dismiss them all?

 

Seems like it. In my case they said the estimate provided enough evidence of the cost of all future charges.

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The adjudicator partially upheld the complaint

ordering Acenden to pay about half of my charges back to me around £1000,

 

 

they decided to ignore this and so was passed to an ombudsman.

I was happy with the adjudicators decision at least we had some "justice",

 

 

Acenden have since come up with a new offer of about £600 which we declined,

not because we were being greedy, but at least one person had found them guilty of adding unfair charges to my account and to me this offer was I suppose an admission of this.

 

My case is still with an ombudsman,

who I have to call on Monday to inform them of Acendens most recent infringements.

 

 

they have added another 4 lots of £95 onto my account due to a change in their system and an administrative mistake on their end.

 

 

They have said these will be reversed,

still waiting for this to happen,

but the point is they are still doing this and I want the FOS to know, its WRONG and should NOT happen!!!!

 

If my case does get dismissed I will be asking the FOS to return my entire file,

inclusive of all the offers from Acenden and I will then look to take this to court.

 

 

I do wonder what actual powers the FOS have because it does appear that there are certain companies that they are "scared" (for want of a better word) of.

 

I believe in justice and I am going to sit and see how this all pans out and I for one am not going to give up, if it doesnt go my way with FOS there are other avenues you can go down, it just takes a bit of grit and determination.

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  • 4 months later...

Trusting that all the brilliant input from Suetonius did the trick and the Ombudsman came back with the right 'final' decision?

I am extremely interested to know where you have got with your case Slgsue, as I have two such cases that will need similar solutions, so any additional input would be very beneficial. Thanks.

Rgds.

radmm0

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You're lucky that the FOS have at least considered some charges as unfair ...

 

In my complaint, the Ombudsman has stuck to the 2 Adjudicator decisions, i.e. that the arrears charges are fair (between £15 - 40 a time) because the bank provided an estimate and that they were fairly applied because I did not make the due payment (conduct of the account). They did not comment of the litigation referral fees I also complained about, the litigation fees from the solicitors (which I might take up with the SRA) and why my mortgage seems to have been paid off twice in 2005 and 2010 and why the bank is 'an administrator' if they hold legal title.

 

The FOS did not look at much of what I asked them or investigate the complaint properly or apply the law as it stands (common law of penalties or UTCCR etc).

 

My complaint did not get looked at properly and i got nothing back, not a penny from the bank. The final decision is just that and leaves a consumer in a very difficult position, unable to do anything more with the FOS and a JR is too expensive.

 

There's no-one to look into the FOS when they make decisions of such great importance and get it wrong!

 

I'm wondering, is there any European laws that might help me or some body that can look into the FOS because they haven't met their statutory obligations to reach a 'fair and reasonable' decision?

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All I can say is fight fight fight till the end with these barstewards,

 

 

I am a long standing victim of SPPL Acenden Capstone and I have had a complaint with the FSO since 2007

 

 

just got a final decision from the ombudsman now but I am not happy with it for the simple fact that

I have asked Acenden from the start to capitalise my original arrears of about £2,500 and they refuse to do it and offer no explanation or any other option.

 

 

In their words

"We are sorry we can not help you with your financial difficulties you are experiencing but this option is not open to you"

THAT IS THERE EXPLANATION

 

 

I have asked time and time again and I have asked the ombudsman but he hasnt got an explanation from them either

and i also asked the OMBUDSMANS to get them to give him a reason but his response to this was that he can not make them capitalise the arrears!

I thought "WHAT YOU CAN NOT ASK THEM THEN WHAT THE HELL ARE YOU THERE FOR?".

 

 

From the responses I have had over the years I have that many differing opinions on what is fair and what is not

that it has left me thinking that the ombudsman and its adjudicators dont know what the hell they are doing,

i have quoted all the above like Suetonious says the MCOB this and the MCOB the other.

 

 

I even sent them a list of all the rules and regs that SPPL,Capsone, Acenden had breached but to no avail

its a bad doo when the regulator has not got the balls to do his job and chooses not to implement the rules that are laid out for him

and make these lenders comply and if they dont they should be heavily fined.

 

 

It makes me sick that we have a government who are supposed to work for the people of this country

and make sure they are treated fairly just fail miserably and are on the side of the banks,

 

 

we have a regulatory system which is supposed to help consumers but is run by cowards,

and a court system which is supposed to be there give justice for everyone have judges that are absolutely clueless

to what is going on around them and who can interpret the law in any way they feel appropriate.

 

 

The whole system is a bloody joke. sorry for the rant but they make me so angry.

 

if i were you i would do as suetonious says and repeat repeat the mcob rules over and over

because they dont seem to get it and if you are like me and you get the final decision

and it isnt what you think it should be then ask questions even when they say your case is closed

and that they willl not enter into any discussions regarding their decision because that is what it will say on your final decision letter.

thats what it said on mine.

 

 

but i still have questions and i want them answered and i will if it is the last thing I do.

 

 

I am seriously not taking any more of this crap from these people .

 

 

GOOD LUCK and drag their asses in to court as well because that is what i am gonna do all the best hun Cher 69:evil:

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