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    • Peter McCormack says "ambition is big" and Real Bedford's attendances are increasing with promotions.View the full article
    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?
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    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
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Capstone secured loan


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  • 3 weeks later...

Hi,

I need some help with this. My case is with FOS but Acenden are back to sending letters and are continuing to add charges which is really worrying me. They say I don't respond to their letters but when I phone they will not let me enter into an arrangement until I pay a Large sum off arrears. Arrears now stand at £1212 (all charges) I cannot pay a large amount off these. They are now threatening to send a field agent which will add another £92 to arrears. Is there any letter I can send?

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you could send te doorstep caller letter

but why bother

all they are adding by the way of charges can be added to you claim.

 

i really dont knowwhy you keep phoing these muppets

 

let them play their silly games.

 

ignore them.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

I am really worried about these muppets now. They are continuing to harrass us with charges management fees etc. etc.

I have refused to speak to them on the phone - done everything in writing.

We completed income and expenditure form and they agreed to a temporary arrangement starting on 28th May.

We have been informed that we will still be charged £65 per month arrears fees, but if DWP (we receive pension credits) agree to pay the interest on this home loan they will look at these fees.

In the meantime I have today received a letter informing me the arrears now stand at £1738.88 and unless we make a suitable offer to clear them they will commence proceedings to repossess.

I am sick to death of telling them the account is with the ombudsman re charges - where do we go from here?

I know the arrears are mostly charges but if the FOS takes a while to sort this out we could be in real trouble

Edited by DOTCOM
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I am really worried about these muppets now. They are continuing to harrass us with charges management fees etc. etc.

I have refused to speak to them on the phone - done everything in writing.

We completed income and expenditure form and they agreed to a temporary arrangement starting on 28th May.

We have been informed that we will still be charged £65 per month arrears fees, but if DWP (we receive pension credits) agree to pay the interest on this home loan they will look at these fees.

In the meantime I have today received a letter informing me the arrears now stand at £1738.88 and unless we make a suitable offer to clear them they will commence proceedings to repossess.

I am sick to death of telling them the account is with the ombudsman re charges - where do we go from here?

I know the arrears are mostly charges but if the FOS takes a while to sort this out we could be in real trouble

 

I have just found your thread Dotcom and am saddened and disgusted by your story as you seem to be making every effort to cooperate with these vile people! I'm in a very similar situation to you, the difference being that Acenden have started repossession proceedings and I am fighting them.

 

What I have learned from reading similar stories about SPML/Capstone/Acenden is that the loan is designed to set the borrower up to fail, allowing the lender to ultimately repossess your home. I suspect that yours is a classic case of mis-selling, as is mine.

 

You can expect the FOS to take quite a while to review your case, and in the meantime Acenden MAY move to litigation in which case you would come across a whole raft of new fees!!

 

The only thing I can suggest at this point is to write to Acenden again informing them that should they move to litigation then you will immediately request a suspended possession order as the FOS are investigating a complaint made to them regarding your account. You could also review the criteria for mis-selling and make an additional complaint to the FOS if you feel that the loan was mis-sold. Add this information to your letter to Acenden, should you decide to start a complaint for mis-selling.

 

P x x

Edited by Paintball
Added extra info ...
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  • 5 weeks later...

Hi there, if you receive a possession claim, we will help you defend. Are you still able to make payments to the account?

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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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Hi Ellen

Yes I am still making payments to the account. They want my payment on the 13th of the month and I have been paying at the end of the month.

My worry is if it is passed to solicitors they will add hundreds in charges which I won't be able to claim back.

I have been paying this loan since 2003 original loan was £15000 now the balance is £17,600!!

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I was going to claim my charges back and decided not you, cos I did actually read somewhere, that if you were under a default or repossession order, they could call the repossession at anytime. I couldnt be bothered with the hassle.

I have contacted a company, claiming mis sold mortgage, as I feel this is more the case for me. I hope you get the advice you need dotcom and good luck, you need it with these cowboys x

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Hi.

Sorry for butting in on this post,

 

I'm a bit lost on forums and how to contact the right people, so I hope you dont mind.

 

You look as though you might be able to give me some advice about Capstone/Southern Pacific/ Acenden (as they are now called!!

 

My original mortgage was taken out (foolishly) with SPML and I think administrated with Capstone (now Acenden)

 

I got into arrears quite soon after taking it out due to the £460 per month payment (for a £51k loan over 25yrs)

 

after almost losing my home (I had a knight in shining armour who got me out of it)

we finally managed to repair the credit rating and re-mortgage with RBS.

 

My reason for writing is that over 5yrs 6 months I was charged a total of £21,015.18 in interest and ££2,636.36 in fees.

 

The interest on arrears is so erratic i cannot understand it.

 

For instance 1/11/08 the interest was £86.81 yet the following month was £13.49?

 

I was given a full breakdown of every payment made on redemption of my mortgage with SPML

so I have that info to give over to anyone who may be able to help me re-claim charges.

 

However, they are so slippery and underhand, i dont want to go at them in case I am wrong or not fully up with what i should be approaching them for.

 

I would be very grateful if you could help or pass me on to someone who can.

 

Kind regards.

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With regards to my account my arrears are now £1872. I have just paid £220 (my normal payment is £198 .00) but they now want a lump sum payment or they will send this to solicitors which will incur another £800 solicitors costs. They are not prepared to wait for DWP to make pension credit interest payments I AM AT MY WITS END HELP!!!

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The mortgage arrears protocols state that lenders should not take action for possession if you are awaiting confirmation or payment of benefits. Perhaps you should remind them of that - if this went to court the judge would not be happy with them, expecially as you have a complaint with the FOS and the arrears are made up mostly of charges.

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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  • 3 months later...

Well after what seems like an age I have received my reply from the FOS re charges added to this account.

Basically he has not upheld my complaint, they say they have looked at the charges that have been applied and in his opinion the adjudicator says they have been applied in accordance with the tariff of charges and in accoprdance with the circumstances that allow for the charge to be made. Therefore he is happy that the fees and charges have been applied correctly.

 

I have until the 8th November to say why I do not agree with this decision and ask for a review. I cannot believe that Acenden are given the blessing of the Ombudsman to charge these amounts.

 

I have a suspended repossesion order on my property and all the arrears are made up of charges. I am paying an extra £20 per month (all I can afford) and acenden are charging £85 every month I have no hope of ever clearing arrears.

Any suggestion as to how to answer Ombudsman?

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quite honestly i cant believe that

when there are hundreds of successful cases

 

appeal

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just because the fees are in the terms and conditions of the agreement it does not automatically make them fair. As far as I am aware a lender cannot apply fees which are vastly in excess of their actual costs in administering the arrears, nor should fees be a profit making exercise. See page 40 of the affixed OFT guidance,

oft311.pdf

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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Thats shocking dotcom

 

I was gonna go down your route and decided not too and went for mis-sold mortgage instead. I got an interesting letter the other day, asking if EM Homeloans had anything to do with my sale as well as Prefferred. I called them and they said their name had crept up and this was the 1st I heard.

 

GOOD LUCK and I hope you get something off them, they are thieving gits

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Thank you.

I have just e-mailed Ombudsman to ask them to look at my complaint again, I still cannot believe they agree with Acenden.

 

Just seen on another site that [email protected] wants to hear from anybody who has had repossession or extortionate charges from Acenden. May be worth us all e-mailing eh?

Edited by DOTCOM
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Absolutely - get your email to him asap.

I've just sent him an email pointing him in the direction of CAG and to the Repo forum in particular.

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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