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Have sent my e-mail Ell-en

Ok here is an e-mail I received from Ombudsman today after asking him to look at my complaint again any thoughts from anybody would be appreciated. When we received the possession order which is suspended the arrears were no where near £2011 which they are now, and are mostly made up of charges.

 

In addition to the above, Acenden has stated that the court order dated 18 March 2009 made reference to the amount of the arrears (which included the charges), and there is no evidence to suggest that you disputed the amount of the arrears at that time. Acenden has therefore concluded that the Financial Ombudsman Service has no right to effectively overturn a court order by requesting refunds of charges applied before that court order was made. However, if you did raise any queries with the court over the way the arrears were made up, please provide me with full details.

When concluding whether or not the level of a charge or charges was fair, we generally take account of the tariff of charges that you were contractually committed to when you signed the loan agreement. The charges will appear high in comparison with the High Street lenders, because lenders like Southern Pacific Mortgage Limited (SPML) are what is known as sub-prime lenders. They generally lend to those borrowers who have county court judgements, poor credit records or payment histories, or anything that may indicate they are a greater risk than the average borrower. The fees therefore reflect the higher level of collection and monitoring activity that would likely have to be undertaken by such businesses. I am not aware that SPML has been fined by the regulator for making unfair charges.

As far as the refusal to change the payment date is concerned, you have not informed me of the date that you sent the copy bank statements to SPML that it requested on several occasions. Please advise me of this date, and also let me have copies of the actual statements that you provided to SPML at that time.

I look forward to hearing from you.

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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.

 

Can you check the wording of the FOS response - do they say exactly what you state above? The above states they have been appropriately applied in accordance with the tariff and circumstances that allow for the charges - which is materially different to whether they are proportionate to the actual work carried out in relation to those charges. If the above is actually what your response from FOS indicates, then they are NOT saying the charges themselves are proportionate, but that they have been applied appropriately - and therefore any appeal you make should be based on whether the charges are in fact a true reflection of the work they carried out on your account whilst it was in arrears.

 

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.

 

Charges cannot ever be referred to as 'arrears'. If you have paid the arrears they have no business charging you 85 quid a month until you clear the charges. If you end up back in court, you must point out to the judge that the amount they claim is arrears are actually charges.

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Ah, your previous post to mine answers that question - they've explained they believe them to be appropriate because of the 'high risk' involved. If you do not fall into that 'high risk' bracket (and many people who ended up with subprime mortgages did not, they simply were directed towards these mortgages by unscrupulous brokers), then you should point this out to FOS - albeit you did end up in arrears and in court, which may be their follow up response.

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Looking at lots of the threads on CAG it seems like the FOS does not uphold any complaint against Acenden.

Game over for me as I am too afraid to take court route because we still owe on secured loan. I wouldn't trust Acenden and would be frightened of losing. These sharks win everytime.

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  • 1 year later...

Still struggling with these horrendous people and cannot see any end to it.

 

My arrears have now escalated to £2600 even though I upped our payments to £250 per month.

Contractual payment is £198.00.

 

Acenden agreed the arrangement but in January I only managed to pay £100.

 

I contacted them to explain DWP had stopped our pension credit but this would be resumed in February.

 

Acenden needed another Income and expenditure form which I duly completed and asked them if I could continue making payments of £250 per month

 

they said they wouldn't make another arrangement unless I paid a lump sum - which I can't do.

 

They stated they will continue with collection and pass papers to their solicitors for legal action.

 

I am worried sick because we have a suspended repossession order.

 

Today I received a letter saying as they have not heard from me (lies) they are going to instruct a field agent to call.

 

I took this to the Ombudsman back in 2011 but they decided in Acendens favour???

 

Any advice on where to go from here would be most helpful - most of the arrears are charges!!

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Hi there, when you say you contacted them to advise about the loss of pension credit - was that by letter?

 

Do you have a letter from them asking for a lump sum before they will continue with an arrangement ?

Help us to keep on helping

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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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if you have PENALTY charges & debt collection/management charges

 

then get reclaiming.

 

I helped a neighbour down south with them.

 

and he got almost £7000 out of them

 

his actual arrears were only £128 all the rest were PENALTY charges causing PENATLY charges

plus the interest they attracted

 

he was also charged over £150 a time for supposed 'debt advise' visits.

 

got them all back at THEIR int rate + 8% stat int on top.

 

Kensington amongst other have been carpeted for not helping people in trouble.

 

 

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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Hi Ellen

I e-mailed them about pension credits on 1st April they acknowledged this in a letter on 10th April. They said they noted I offered to pay £140 per month (£198 monthly payment balance to reduce arrears) they went on to say that while they appreciate my intentions to address arrears they need to up date income and expenditure. They also stated that because of level of arrears they intended to pass account to solicitors to commence legal proceedings.

 

I phoned Acenden and completed income and expenditure it was then they said if I could not pay a lump sum they were not prepared to make another arrangement and would continue to charge £70 per month arrears fee.

 

Dx

Thanks for your reply,

I have been through FOS with this who came down on Acendens side one of their reasons was that when court papers were issued we did not argue that arrears were made up of charges so FOS could not really go against Judge. Acenden have a suspended possession order against us so I am really frightened to rock the boat.

Did you have to go through court to get charges back?

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no you don't

put a claim in for all I mentioned

 

matters not court/fos 'ignored' them as unlawful

This third spreadsheet is a calculator that will work out a fos based PPI award on a Revolving Credit Account such as a credit card. It will also work out the additional 8% interest awarded where the account moves into credit as a result of the removal of the PPI from the account. Be aware that you will need ALL of the account statements for this spreadsheet to give the correct result.

 

FosRunningPPI v102.xls

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 you can.

 

do the spread first

 

obv not your lot but:

 

Hi

Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any more to the account. There are a few news stories here you can get the info for a letter to send to them.

http://news.bbc.co.uk/1/hi/business/8615870.stm

http://www.telegraph.co.uk/finance/p...y-the-FSA.html

http://www.fsa.gov.uk/library/commun...2010/065.shtml

http://www.guardian.co.uk/money/2010...mortgages-fine

 

 

 

adapt this:

 

ccount number

 

 

Dear Sir/Madam

 

 

 

I recently became aware of media reports on the investigation into credit card charges by the Office of Fair Trading.

 

 

I now understand that the regime of fees which you had applied to my account in relation to late and over limit charges

are unlawful at Common Law & under both Statute and Consumer regulation as they do not represent a genuine pre-estimate of your actual costs, but more a fixed PENALTY.

 

 

 

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened.

 

 

It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law

and in consideration of fair business practices and good faith.

 

 

 

It is my contention that you have failed to operate my account in a manner conducive to the above and have demonstrated a lack of fiduciary duty.

 

 

 

I calculate that you have taken £240.00 plus £878.70 which you have charged me in interest which totals £1,118.70.

 

 

 

Therefore this letter demands a refund of all PENALTY charges indicated including interest to the date you settle,

 

 

 

As the account concerned is closed, I request that payment is made directly to me, either by cheque or by BACS transfer.

 

 

 

I trust this clarifies my position.

 

 

 

 

 

Yours Faithfully

 

 

 

Enc; Schedule of charges

 

 

 

 

also type in mortgage charges reclaim

 

in our search of the top grey toolbar

 

adapt this letter

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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Affixed letter specifically for mortgage 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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i'll add that to mine ta

 

looking back we tried to get you to do this 2 yrs ago I see.

 

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

Hi DX

Yes I went through all this 2 years ago but Acenden would not budge, I got scared and went down FOS route who came down on Acendens side. For the past 12 months we have been paying an extra £40 per month but missed a payment in March I informed Acenden immediately that Dwp had stopped payments but these had now resumed.

Today I have received a letter saying,

They confirm that they decline my proposal to continue paying £40 over contractual payment as it is not clear, that because of previous poor conduct, we would stick to arrangement.

They ask me to phone immediately to make my payment proposals or if I cannot pay to discuss my circumstances to understand if an alternative solution can be found. They say they may also consider legal action

They strongly advise me to pay excess money into the account to reduce the arrears but state they will charge £70 per month while account is in arrears so what is the point of paying extra money in if they will not agree an arrangement and stop adding charges.

 

Thanks for the letter Ell-en.

I really appreciate all your help - should I start again with Ell-ens letter ? I feel these people will not budge an inch and fear the court route in case we lose.

 

I also have a PPI case with Ombudsman for this account they are going after underwriters, should Acenden be harassing us if case is in dispute re PPI?

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yes ell-enn's letter.

 

start again

 

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

OK DX I will start with Ell-ens letter just a few more questions

Do I amend bit about Ombudsman?

Was the spread sheet you gave me the right one It didn't seem to make sense for mortgage charges?

Can they pursue us if we are disputing PPI on this account?

Should I continue to try to make arrangement to stop further charges?

Sorry for questions - thanks so much for your help

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OK DX

I will start with Ell-ens letter just a few more questions

 

Do I amend bit about Ombudsman? - not sure

Was the spread sheet you gave me the right one It didn't seem to make sense for mortgage charges? - if you can prove they have charges interest on the charges then use the FOSCISHEET.

Can they pursue us if we are disputing PPI on this account? - yes

Should I continue to try to make arrangement to stop further charges? - yes

Sorry for questions - thanks so much for your help

 

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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After Acenden sending me a letter to say they would not make an arrangement on this account they have now backtracked.

 

I received a phone call today to say they have reviewed the case with senior collection agents and they will now accept payment of £40 per month to clear arrears.

 

I pointed out that arrears stand at £2600 even though though we have only missed 5 payments (approx £1000)

 

I was told charges were added to arrears and that company is allowed to do this because this is a secured loan and not a mortgage.

 

I have found paper work which is as follows

 

Mortgage Deed

This mortgage is made between the lender MATLOCK BANK Ltd Trading as London Mortgage Company

and the borrowers Mr & Mrs xxxxxxxx

 

Any suggestions?

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interesting LMC went bust years ago...

 

they cant charges a fee that's a penalty

 

so on with the reclaim as advised?

 

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 started reclaiming

- What I want to know is

 

do I request they remove charges from arrears

or

is it different for a secured loan,

 

are they just playing on words?

 

By adding the charges to arrears they make the situation look much worse than it is.

 

Thanks again

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last bit that's what the always do

 

and they add ADDITIONAL interest & charge INT on that.

 

you p'haps wont have a choice HOW they deal with the refund

they will most prob off set to clear arrears

 

then the rest might goto you.

 

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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