SPML and Capstone

[Crapstone]

I've had an SAR response from the above, although they have failed to comply as only one account holder has been sent the info and lot's of things are missing.

 

We are subject to a suspended repo. order.

 

The company have always claimed that we failed to make payments from a couple of years in line with the SRO. We knew that we had sent them payments but they, to put it bluntly, said we were lying and the onus was on us to prove it. Just how do you prove the content of an envelope sent? You can prove posting and delivery but not what is in it unless you are in a position to afford a solicitor or similar to swear the content everytime you use snail mail.

 

We had no choice at the time due to difficulties caused by SPML in setting up a DD mandate and we wouldn't trust them with card details as far as you could throw a....

 

Before and during this time we already had a case with Ombudsman which we won not long ago and as a result all fees and charges were refunded. The payment difficulties were acknowledged and the blame was put squarely on SPML/ Capstone and compensation given.

 

Since then the company have got tough insisting we were behind with the court order because of 'missing' payments and started applying new and improved fees of £115 per month whilst threatening eviction.

 

Well, the SAR shows that they received payment but is listed as an 'unsigned cheque' on their computer. No letters, no return of said cheque and nothing mentioned on any statement to show that payment was received but declined. Just that one line that shows they had received it. Enough to say that we are not liars and payment was sent and received however much they have tried or try to deny it.

 

I know for a fact that cheque had nothing wrong with it and it was signed as was the one sent with a letter they received the month after but seems to have gone missing as well. Letter acknowledged but cheque awol and it was stapled to it.

 

I can't begin to say just how angry I am. Payment was sent in good faith and they couldn't be bothered to cash it or even acknowledge it was sent and making us look like we have not kept to the court order. It's caused so much stress between my OH and myself, blaming each other for not making the payment and trying to hide it, we split up for a while over this and I moved out.

 

What next? So many complaints still outstanding with our account. 2 years spent with the Ombudsman and settled but still no further on and their mistakes and lies are getting worse at our expense in all aspects not just monetary:x.

 

Any ideas? I'm sick of dancing to their tune and relying on toothless budgie regulators to to do something other than suck.

 

Crapstone

Edited May 15, 2009 by Crapstone
spelling corrections and anger management

[scedminc]

Hi Crapstone.

 

Similar story to myself as you may have seen on the Preferred thread. To put it short don't let these idiots get an eviction warrant like they have with me as it is the biggest headache ever and an even bigger fight. If I was you and before it gets too far i'd apply to the court for a variation of order if you have a suspended one then complain to the judge about what they are doing to you and prove all your stuff. It costs £75 and if the judge finds in your favour you can asks for the costs back. Believe me if I could change the clocks back a couple of weeks this is what I would have done.

 

Sced

[midge61]

Hi

 

When my complaint with the FOS was settled the adjudicator sid I could contact him again if I had any further issues. Perhaps if you contacted the adjudicator that dealt with your complaint they will pick it up again for you and deal with Capstone.

 

Do you know that the cheques were not cashed? Have you checked your statements.

 

When I had problems with them I paid over the counter at Barclays and then i set up a standing order so that I was in control NOT them and for the last two years all payments have been ok.

[Crapstone]

Hi Sced and Midge,

 

I'm so sorry for what you are going through Scred, I know how you feel dealing with this bunch of con merchants. They tried to evict us already 'by accident' a couple of years ago when we hadn't put a foot wrong.

 

What would a variation of order mean and on what grounds can I ask for one?

 

We know the cheques weren't cashed and have checked all our statements.

 

I will also contact the Ombudsman on Monday and ask them for an opinion, as all this did happen whilst the complaint was being investigated by them but £115 fees weren't added until after the final ruling.

 

I think Capstone have dug themselves in a deep hole and it may just be worth stumping up the cash and consulting a solicitor whilst mentioning all the other devious scams they are up to including the securitisation. Does anyone know of a reputable firm of solicitors in the West Mids that excells in property and contract law who would be suitable to take on a complaint against Capstone/SPML?

 

Is there anything that could be seen as unlawful in Capstone receiving the cheques but then denying it and not returning them?

 

I'm determined to nail them one way or the other....just wish me luck..

 

Cheers.

[Crapstone]

I called the court today to try to get a copy of the original Suspended Repo. order. All the records were destroyed after 2 years and so they can't provide me with one. All that is on file is a short note on their computer.

 

2 years seems an unusually short time to keep court documents and it seems that I have to enclose a copy of the original for the purposes of N244.

[Crapstone]

Is it also right that one account SAR made in both names should be 2 x £10?

[scedminc]

I called the court today to try to get a copy of the original Suspended Repo. order. All the records were destroyed after 2 years and so they can't provide me with one. All that is on file is a short note on their computer.

 

2 years seems an unusually short time to keep court documents and it seems that I have to enclose a copy of the original for the purposes of N244.

 

 

Hi,

 

Does seem a little strange that they have destroyed all the docs. The short note on the computer must describe the terms of the order etc. You do not need to enclose a copy of the original order with your N244. I recently filled out one of these and didnt include it.

 

As for the SAR it is only 1 x £10 I believe.

[jansus]

I think I read on another thread that you had received news about the charges from the FOS ?

 

Is that true?

[Crapstone]

After taking out a mortgage with 'cowboys' we complained and it took years to sort out (3 & still ongoing issues). We got all our charges back and a little in the way of compensation which doesn't begin to cover the true costs. The company 'accidently' sent an eviction notice so you can imagine the call costs and time off work trying to sort that mess out. They lost payments and sent letters to say we were lying and were in arrears. An SAR proved they'd had received them but had not cashed them, returned them or sent any notification.

 

It was also found that they had known about payment method issues and did nothing to help. They also refused to supply a table of charges or justify them.

 

The FOS ignored many of the more complex points but we did win eventually and it put us in a better position. Still an ongoing battle to be had..

 

I'd do it all again but be better prepared as it's not as easy as they make it seems. Legal knowledge helps to argue your case as your opposition isn't going to hold back and you'll be expected to respond to their defence. One of their last letters did make me laugh as SPML ripped into the FOS for always going against them...they forgot about us.

 

Do it..it's free, you don't have to accept any offer. They know you are not sitting back and going to pay up or take poor services.

[Crapstone]

Why has it been closed? It may be long but has been a central part to bringing all the threads together on this company. Without that ..Forget it, as there will be far too many threads to even start to look at or respond to as things develop with people that have been fighting this cause for a long time.

 

BF wants any new threads to be kept short..well forget that too as there is nothing 'short' when dealing with SPML, Capstone et al.

 

:mad2:

[zither]

Havent looked in here for a few days, bit harsh if it has been removed.

[Crapstone]

Havent looked in here for a few days, bit harsh if it has been removed.

 

It hasn't been removed. Just closed. Even so, and quite rightly, the Op is fuming and I'm sure a few people will disappointed.

 

On that note I'm voting with my fingers and just won't continue to use this site.

[peterjm]

Dottys opened a new thread here so please all join that one: http://www.consumeractiongroup.co.uk/forum/showthread.php?297005-Acenden-capstone-spml-pml-lmc-sppl&p=3322618&highlight=#post3322618