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Right thanks for that information,it explains a lot,firstly lenders are oblidged to tell you about the policy,the specific criteria of the policy in order to see if its the right policy for you,if they dont give you fair and proper info it is likely that you have a right and proper claim for ppi miss-seling i have known people claim and recieve refunds from 2002 so to say that f.s.a guidlines introduced in 2005 stop the f.o.s from intervening is wrong.PPi in your case is not worth the paper its written on,even though you ticked the box agreeing to it,because it was never explained to you,you can claim for a refund,now here,s what to do,firstly fire off a letter ,you can quote all of the above in it if you like to L.M.C stating that you were miss - sold ppi and ask for a full refund,if they start dragging things out and stalling then pen a letter to the financial ombudsman stating that you were miss sold ppi and L.M.C

are stalling with the refund,because new rules came into force in 2005 is not a bar to reclaiming ppi,and that is fact.

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Sorry about the mistakes when posting the keys on my laptop are playing up,going after the underwriter feels as though someone is passing the buck here,im surprised at the f.o.s at such a poor response however do the above and lets take it from here.

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You really should be starting with the company that provided the loan and writing to them for a start,then the complaint should be going to the f.o.s going affter the underwriter seems like passing the buck to me,this is a clear case of ppi miss-selling,i would start the process again from square 1, problem that has arrisen however and this may be the cause of you not getting very far with this is that in October 2010 the B.B.A british bankers association (includes lloyds,halifax bank of scotland and so on,have decided to appeal in the high court over the f.s.a,ruling over over ppi miss-selling and have put claims on hold,this could be having an effect on your claim as it seems they are all awaiting the outcome,could be that the f.o.s are doing the same.

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Reagrding the arrears you mentioned that Capstones will not change the payment date,you can quote this,Mortgage pre action protocol,section 5,initial contact and provision,section 5.4

 

"the lender should consider a reasonable request from the borrower

to change the date of the regular payment.

 

Where the lender refuses such a request it should within a reasonable

period of time give the borrower a written explanation

of the reasons fo their refusal"

 

The pre action protocol is there so as to give the lender and the borrower time to come to an agreement before court action can take place and any court action by Capstones would be frowned on to say the least,they are breaking this protocol more seriousley they are creating arrears by design.This is unfortunatly an all too familiar method of Capstones.

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http://www.egalegal.com/compoundWindow.html

 

rests = 12

days = 360

 

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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same as the others just adapt it.

 

you'll need to do a spreadsheet first ideally though

shows you know what you are talking about

 

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...

Hi everyone and happy New Year.

 

Now dealing with Acenden who have taken over from Capstone.

People beware!!!

Acenden cancelled my arrangement to pay off arrears because payment was late and are now charging £105 per month arrears fees. They will not reinstate arrangement until I lower arrears ammount, on December the 8th the arrears (according to their records) stood at £559 today they insist they are at £1126. They won't make arrangement until arrears are under £500 (which I can't do) and if no arrangement is in place they are allowed to charge arrears fees and add them to arrears balance. This is now on course to spiral out of control.

I have phoned FOS who said they will do letter to Acenden so heres hoping this mess will be sorted, this company are a disgrace I don't know how they get away with it!

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well get reclaiming!

 

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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yes they dont do the donkey work just make sure you get what you are entitled too.

 

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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Share on other sites

I have also had the same problem with this company (now Acenden). I have a suspended possession order meaning I had to pay an additional £20 on top of my monthly payment but Capstone were charging a £30 arrears fee every month and adding it to the arrears balance, therefore increasing the arrears by £10 per month. After a number of letters they apologised, removed the fees from the arrears and added them to the capital balance (but claimed they were legitimate fees and wouldn't refund them). Acenden have now started doing the same thing but the fee is £115 per month (£10 more than my monthly payment + the court order). They have today sent me a letter saying they are doing nothing wrong and they are perfectly entitled to add all default fees to the arrears balance under the Consumer Credit Act 1974. Also, they state that what is an 'unfair' charge has not been defined by law and until it is they are entitled to charge as per their Tariff of Charges which they have also sent. They also say that I can go to the F.O.S. but the experience they've had so far leads them to conclude that they are doing nothing illegal and the F.O.S. have not yet successfully intervened in any case of this nature.

I've spoken to the F.O.S. and I must say I'm not encouraged that they're going to be any help whatsoever.

Not sure what I do now but I can't keep paying and still the arrears go up.

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It's a worry that this company seems to be able to do just as they please. There are plenty of people on this site who have succeeded in reclaiming there charges back so that gives me hope. I have been reading the capstone action group forum there is plenty of advice there. When I contacted the FOS I felt quite positive, I think it all depends who you speak to.

I have just sent my first letter asking for a refund so we will see what happens, I will keep you informed.

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Well would you believe it, after telling Acenden I was taking my complaint to FOS (Fri 14/1/11) they rang today with a very different attitude. They wanted to make an arrangement to pay off arrears!! They were very nice but pointed out to me that the FOS take about 8 weeks to investigate by which time Acenden would have commenced litigation proceedings. I asked whether that was a threat and informed them I would continue to pay £40 extra a month until everything was sorted. I asked them to put everything in writing.

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dont forget to reclaim still though

 

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...

look on ourr homepage and at the recent ruling

 

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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