spml ascendan eviction ++EVICTION NOTICE WITHDRAWN PRIOR TO COURT DATE**

[dave121]

I am with spml and ascenden, and had a suspended eviction order back in 2005 i was late on my december 2010 payment and they have wrote to tell me they are going for the eviction, i am only £176 behind with the order from 2005 and have said i will get it up to date this month, but they say they want a lump sum from me, (£3500 in arears, mostly fees/interest

dating back from 2005 onwards)

i have no capital to pay them ,so they said go see family and friends and get as much up as you can, but be warned if they have to go back to the manager without a substancial sum you will be evicted....

i have had a solicitors letter confirming they are going for my home, but no date set, please someone give me advise....

regards dave

started it here by mistake:http://www.consumeractiongroup.co.uk/forum/showthread.php?170607-Spml-london-Mortgage-Company/page353&p=3261613

Edited January 18, 2011 by dave121

[dave121]

update....

 

The eviction date is 22 of feb, I have asked them to put the arrears on the mortgage and they said no numerous times

yes since 2005 made payments fine i am just £176 behind from 2005

i have always paid it in the month owed but not the date set by court whitch was the 1st of the month and they have been charging £125 a month for not paying on the 1st

i get paid different days of the month so i pay by card

they rang me yesterday to see if i had got a lump some sorted, i said no and the eviction came thruogh today.....i am foaming with them..

so i need the N244

, im going to ask for a SAR

too yes?

thanks for the help, my mrs is very upset

can i have help with the form i have a printer and stationary and just got a £10 PO

[Ell-enn]

Hi there, the SAR won't come back in time for the hearing which you will need to apply for on an N244 - I can help you with the form and also draft a statement for Q.10 of the form. I will need some information:

 

Is the mortgage in joint names?

Do you have any children living at home?

How much are the arrears ? and how much do you think the charges amount to? do you have a statement showing the charges?

How much are you paying each month towards the arrears in addition to the normal monthly payment?

 

You will need to affix a budget sheet with the N244 application - I have affixed the one we normally use (it calculates automatically as you fill it in so you can adjust the figures to get the right result). When you fill it in the amount you are offering to pay towards the arrears is the amount left over after everything else has been accounted for (in Step 3 of the sheet - the difference between your income and outgoings).

 

I have also affixed an N244 form and I will give you the instructions for filling it in.

Budget Sheet.xls

n244_0400.pdf

[dave121]

Thankyou Ell-enn, much appreciated...

Here are the answers>

 

Is the mortgage in joint names? yes myself and my wifes

Do you have any children living at home? yes 1 girl 7 year old and a teenage girl 19

How much are the arrears ? and how much do you think the charges amount to? do you have a statement showing the charges? arrears around £3500...Charges proberbly all of it now ...no statement, but have been paying £50 off a month since 2005 on top of mortgage origonal arrears inc charges was about the same in 2005.

How much are you paying each month towards the arrears in addition to the normal monthly payment? £50

I Am only £176 behind the agreement thats including this months mortgage so tech not behind untill first of feb that is from 2005!!

Regards David.

[Ell-enn]

Do you have a record of your payments since 2005 so you can show the judge this is just a "blip".

[dave121]

Hi, erm i could possibly download all my bank statments, but im sure the judge would not want to go through all that, i may have last years statment from spml?

[Crapstone]

Go through everything.. Why did you not go through the FOS for your charges? It doesn't matter if it's been suspended or not the charges can still be disputed! You can't afford to sit back and make excuses for what you do or don't have. Do the N244 and then SAR them. I found out that I shouldn't have been taken to court in the first place as the payments made were more than the contractual ones. Really..go through everything and make sure it's right.

[Rightinit]

I am in the same position as yourself with Spml or what ever they want to be called now. Waiting for a date before I can submit my N244 form. Our payment was late due to circustance beyond my control.

 

Please send the sar request off ASAP. I went through our statement the end of last week and it is shocking to say the least the amount of charges they have applied and also so serious errors they have made on our account.

We are being chased for £7700 arrears when the true arrears less any charges are £2581.

Good luck with your fight against these cowboys I will be watching your thread.

The members on here are great and have helped me before not with just advice and help completing the forms, but with the support that gives you the energy to stand up and fight.

[dave121]

Thanks, i did not know about reclaming charges until i came on here a few days ago, i thought it was similar to the bank charges...and unlikely to get a result, as Ellen pointed out i wont get the SAR statements back in time so may have to go for another angle??

[bustthematrix]

Hi Dave

I've only just managed to pop in now due to work and family commitments. I'll do my best to help you out in this matter.

 

For now

1) SARN them ASAP using recorded first class delivery. You want ALL your statements from inception. The SARN isn't to stop the eviction - necessarily - it's to arm you for future further action, though it may make them think twice, if someone there realises you're probably now more clued up than you may have been.

 

2) Apply for the Warrant to be set aside ASAP. It IS possible that once you make the latest monthly payment they might cancel it themselves OR that once you send them your draft of the letter I plan to draft and send to you in a day or two, they will cancel this themselves as it will clearly highlight how hasty and unrestained they've been (assuming all you've said so far stacks up).

 

3) Can you post up your own recollections of your account conduct since the 2005 suspended repo order please? If you can give a blow by blow, year by year account to date, including what triggered the current action by them, that would help us all to assist you. Please be totally honest so we can give you the best help as we see it, nothing worse than shooting yourself by holding back key information.

 

4) Put everything in writing to the lender and keep your own copy plus proof of postage and fax if you use it! If /once you make a payment, I would immediately ask them to cancel the Warrant themselves as it is pointless now that you've paid and will continue paying. You also need to state a plausible reason why you missed the payment when it was due. With this, you can then ask them to cancel the Warrant and this saves both you and them costs so that the costs associated with a hearing (which you will no doubt win but they will charge to your account) can be avoided.

The only way you won't win at a hearing is if you can't show ability to service the mortgage going forward.

Edited January 19, 2011 by bustthematrix
Multiple edits :)

[slgsue]

I too have suffered at the hands of SPML/Capstone/Ascenden and am currently in a suspended possession order. What I did which has been of huge help to me is got the judge to change the date of my payment. This has meant that when Mr gets paid in middle of the month, I call and pay by debit card and now they cant charge me for late payments which means my arrears (which now are all charges!!!!) are actually coming down. This may be something you want to consider asking for yourself as this is one way they ensure you are forever in arrears!!!!! Don't worry too much there is plenty of time to sort your defence out and as it is the first time in 6 years since you first had the suspension put on I think you will be ok, my last appearance was the 3rd/4th (sorry lost count with this lot) and because I was able to provide reasons and could afford my payments the judge did not want to grant possession. Keep positive

[bustthematrix]

...and because I was able to provide reasons and could afford my payments the judge did not want to grant possession. Keep positive

Well said, my point exactly...

[bustthematrix]

Regarding the lender's charges, you will need to know

 

1. Every charge they have levied

2. Why they levied it, when they levied it and what it was for.

 

Unless it is a justifiable charge, you can reclaim it, with interest and to a degree, the FOS will back this up.

 

For now, the ones I am aware you can reclaim are:-

a. Mortgage Account Arrears fees

b. Late payment fees

c. Returned payment fees

d. Mortgage payment protection insurance

e. Some legal fees. With these, it depends how they came about. Quite often they are easily justified but can be refunded if the lender would have avoided needing to take legal action by for example not levying arrears admin costs when a payment arrangement was/is in place.

 

This is one of the things the SARN will help you resolve.

[dave121]

Hi, and thanks guys for this, i will post the history up tonight when i get home from work.

i am also angry that they are still charging me buildings insurance although i have faxed them my own for the last 10 years, when i complain i am told it is another part of the firm that deals with it and the offices are closed, and if i ring direct to that office i have been on hold 50mins sometimes!! then they say we have never recieved the docs....is the template SAR on here?

[bustthematrix]

Hi Dave

Take heart. Like I said, the more torts (a wrong that involves a breach of a civil duty owed to someone else) they commit against you, the greater will be your compensation when the time comes. For every 'tort', you are entitled to receive 'damages' which is usually monetary compensation from the person(s)/party liable. The easier it is to prove the tort, the easier it is to get the damages. This is just one importnat reason why putting everything discussed/agreed by phone in writing is vital. In fact, if you've never documented the fact that you've been trying to get their rubbish insurance off your account, send them a letter NOW, with copies of all the Insurance certificates over the years PLUS the fax/postal receipts showing you DID send it to them.

 

Regarding the MCOB rules (the FSA's Mortgage Conduct Of Business), here is just a sampler from MCOB 13

 

MCOB 13: Arrears and repossessions is of particular importance in the context of mortgage litigation:

 

13.1 Application

Who does it apply to?

Mortgage lenders and mortgage administrators (and firms that were mortgage lenders or mortgage administrators before the sale of a repossessed property took place).

 

13.2 Purpose

What does it do?

It applies the provisions of MCOB 13 with respect to administering a regulated mortgage contract, and administering a mortgage shortfall debt

It amplifies MCOB 6 (duty to treat customers fairly) in respect of the information and service provided to customers who have payment difficulties or face a mortgage shortfall debt

 

13.3 Dealing fairly with customers in arrears: policy and procedures

(1) A firm must deal fairly with any customer who: is in arrears on a regulated mortgage contract; or has a mortgage shortfall debt

(2) A firm must put in place, and operate in accordance with, a written policy (agreed by its respective governing body) and procedures for complying with (1).

 

13.3.2 Policy and procedures: content

A firm should ensure that its written policy and procedures include:

(a) using reasonable efforts to reach an agreement with a customer over the method of repaying any payment shortfall or mortgage shortfall debt, in the case of the former having regard to the desirability of agreeing with the customer an alternative to taking possession of the property;

(b) liaising, if the customer makes arrangements for this, with a third party source of advice regarding the payment shortfall or mortgage shortfall debt;

© adopting a reasonable approach to the time over which the payment shortfall or mortgage shortfall debt should be repaid, having particular regard to the need to establish, where feasible, a payment plan which is practical in terms of the circumstances of the customer;

(d) granting, unless it has good reason not to do so, a customer's request for a change to:

(i) the date on which the payment is due (providing it is within the same payment period); or

(ii) the method by which payment is made;

and giving the customer a written explanation of its reasons if it refuses the request;

(e) giving consideration, where no reasonable payment arrangement can be made, to the customer being allowed to remain in possession to effect a sale; and

(f) repossessing the property only where all other reasonable attempts to resolve the position have failed.

Text in blue is my highlight for your attention.

 

 

I will look up and post a suitable SARN template letter you can use. Get it off recorded delivery ASAP.

[bustthematrix]

Here is a SARN Template you can use:

 

REMEMBER THE £10 POSTAL ORDER AND SEND RECORDED DELIVERY

 

[ your address ]

 

The Data Protection Compliance Manager

[Their Address]

 

[DATE]

Data Protection Act 1998 -

Subject Access Request Notice

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with copies of all the data which you hold on me in relation to all my business with yourselves.

 

Please note that I require disclosure of any personal data which you hold on me for the entire period of my business with you. The Subject Access Request is not limited to my transaction history and it is not linited merely to 6 years of historical information.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my financial business with you.

 

I require all information on details of all insurance products supplied by or through your company. This is to include the statement of means, statement of price, details of all insurance premium tax paid, underwriting sheets and commissions to third parties.

 

 

If mortage indemnity insurance was added to the agreement, I require all details on who this premium was paid to, and who underwrites this insurance.

 

If you are unable to supply this data because there has been no such manual intervention by any of your staff please be so kind as to confirm this in your response.

 

If you intend to send a reconstituted copy of an agreement you must declare the reason why it has been reconstituted and if the original exists, the type of filing system or archive the originals are stored on.

 

If it is the case that any of the requested documents can not be supplied because they have been destroyed, please confirm;

 

1.The date the document (s) was/were destroyed,

2.The method used for destruction and

3.The names and position of the individual(s) tasked with destruction.

 

 

Enclosed is the statutory maximum fee of £10. You have 40 calendar days in which to comply with this request.

 

Furthermore, if it materialises that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations, against me, then I shall be reclaiming the levied amounts together with interest as due.

 

As it is my opinion that your dereliction of duty on my account has created the necessity for this Subject Access Request, I will also be reclaiming the enclosed £10 fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable, not warranting any further checks by you.

 

Yours faithfully,

 

 

 

[Your Name as usually referenced]

 

*** Enclose £10 postal order, send recorded, keep proof of postage***

 

*** Ensure that this is sent either to their official registered address OR a recently confirmed suitable address such as a return address on a recent letter received from the lender ***

Edited January 19, 2011 by bustthematrix
Edit

[dave121]

Thanks, just got in from work i already have the postal order for the SAR. so will get it off tomorrow, i will post the history in a bit,

who do i send it too ascendan or spml?

Regards Dave.

[dave121]

even spml has ccjs

 

 

SOUTHERN PACIFIC MORTGAGE LIMITED

 

 

03266119

 

 

 

Print Mail Save Documents Monitor

 

Exact CCJ Details

 

DateCourtAmountStatusCase NumberDate Paid15/12/2009CAMBRIDGE£75Judgement9PB766

35-04/08/2009TRURO£2,562Judgemen

t9TR01304-11/01/2007MAYORS & CITY£3,446Judgement

6MY05696-10/11/2005OSWESTRY£9,858Satisfied

5OS0043606/03/200601/08/2005BANBURY£1,415Satisfied

5JM2204923/08/2006

Possible CCJs Details

 

I have access to credit safe and can check out companys if anybody needs it

Edited January 19, 2011 by dave121

[bustthematrix]

These articles should give you some encouragement about reclaiming those outrageous mortgage arrears and other fees:-

 

Thousands of homeowners set for big mortgage refunds

 

We find that 30 lenders may be forced to return millions of pounds in arrears fees to 80,000 borrowers

 

By Robyn Hall

 

More than 80,000 homeowners in mortgage arrears could receive millions of pounds compensation for unfair charges, an investigation by Times Money has discovered.

Customers of Bradford & Bingley, the Derbyshire and Cheshire building societies and a number of other specialist lenders, such as Kensington and Morgan Stanley, could be due refunds of late-payment fees after a crackdown by the Financial Services Authority (FSA).

The City watchdog recently fined Gmac-RFC, the specialist lender, £2.8 million and forced it to return £7.7 million to borrowers after finding it guilty of treating customers in arrears unfairly between October 2004 and November 2008. The fine was partly due to the £45 a month that the lender levied on borrowers who went into arrears. The FSA said this was “excessive” and did not reflect administration costs.

An investigation by Times Money has discovered that as many as 30 lenders have a similar charging structure to Gmac-RFC, with each levying high monthly fees for arrears.

Gmac-RFC outsourced the administration of its loan book to Homeloan Management (HML), part of the Skipton group, which had a standard model for dealing with customers who were behind in their payments. The outsourcing organisation also processes loans for more than 400,000 other borrowers, including customers of the Derbyshire and Cheshire Building Societies. They, too, would have been subject to the same or similar £45 monthly charge if they had fallen into arrears.

Although HML refuses to publish statistics on arrears, a similar pool of 400,000 loans from Gmac-RFC shows that 20 per cent of borrowers are behind with payments. This suggests that as many as 80,000 customers with loans processed by HML are being charged a monthly fee that the FSA deems unfair.

The ruling against Gmac-RFC means that all borrowers with loans administered by HML and who have gone into arrears since 2004 could be eligible for a refund.

A source close to the situation, who does not want to be identified, says: “It was common practice for lenders to follow each other when it came to charging for arrears. It is a question of when, not if, this will apply to other lenders. It is causing a mighty problem as lenders and HML do not have the staff to look at individuals on a case-by-case basis.”

Neil Warman, the chief commercial and finance officer at HML, says: “We are not able to comment on specific client circumstances but we work closely with a number of lenders, managing their customer mortgage accounts in line with their lending and administration policies.In the event of one of our clients wanting to make a retrospective adjustment to the mortgage accounts we manage for them, then we would work with them to help this to take place effectively.”

The FSA says that it is examining the issue, but industry insiders expect it to fine five more mortgage lenders.

Cerris Tavinor, a spokeswoman for the watchdog, says: “We completed our investigation into Gmac and published the results of that case. We have made the point publicly that we have referred other lenders to enforcement, so other work is carrying on. But we can’t talk about individual firms. If there is evidence that a firm is doing something wrong, then we investigate that firm and take action.

“If borrowers are worried about their situation, they can make formal complaints to that lender. Anyone worried about arrears, getting into arrears and how arrears are being managed can ring our consumer contact service to get more information about the help that is out there.”

With the FSA yet to take action, borrowers can complain to their mortgage adviser, the lender or both, although they must first lodge their complaint directly with the firm deemed to be at fault.

All FSA-regulated firms must acknowledge receipt of a complaint within five days and write back with their conclusion within eight weeks.

If the company fails to write back within eight weeks, or if their conclusions are unsatisfactory, you can lodge your complaint with the Financial Ombudsman Service, a free service set up to settle complaints between consumers and companies that offer financial services. It reviews all sides of the story and makes a judgment, which is usually binding. However, if any party decides to appeal against this decision, the matter is passed on to a senior adjudicator and, if need be, to an ombudsman.

If you disagree with the ombudsman’s decision, you can take the matter to court. At all times it is vital that you keep copies of all correspondence relating to your complaint.

Fahim Antoniades, a broker with Mortgage Centre IFA, says: “If you feel that you have been unfairly treated by your lender, the first starting point is to read carefully the terms and conditions of your mortgage offer.

“If you are not sure what the terms and conditions mean, seek help from the adviser who initially arranged the mortgage. You may feel that the terms and conditions were not explained to you properly, in which case you could lodge a complaint against the advisory firm. However, this could be a separate issue to how the lender itself has treated you. You may feel that a complaint against the lender is also warranted.”

One of the hardest parts is working through the paperwork that may have mounted up. David Hollingworth, of London & Country, a mortgage broker, says: “Debt charities could be invaluable as a first port of call in establishing what action borrowers may be able to take.

“If the property has not yet been repossessed, then clearly the first concern is to avoid the need for such a serious course of action.”

There are useful links on the FSA and the Financial Ombudsman Service websites, as well as free support from your local Citizens Advice Bureau.

http://www.timesonline.co.uk/tol/money/property_and_mortgages/article6998539.ece

 

The Financial Services Authority (FSA) has set a precedent by fining the mortgage lending company GMAC-RFC, which no longer takes on new business in the UK, £2.8 million for treating some of its customers unfairly. GMAC also had to repay £7.7 million to the customers concerned.

 

The customers were those that fell into arrears on their home-loans and the cause of the unfairness was due in part to the monthly fee of £45 that was charged on overdue accounts. The FSA decided that this was unfair as it was disproportionate to the actual cost of processing to the lender.

The administration of the GMAC mortgage book was outsourced to Homeloan Management Ltd (HML), a subsidiary of the Skipton Group who uses a standardised format for dealing with those in arrears. HML also manages loan books for many other lenders and applies that same format to other mortgage holders who are in arrears. This could mean that there are vast numbers of borrowers out there who could claim against HML as well as any other lender/administrator who uses this model of charging.

This is almost a mirror of the bank and credit card charges fiasco except that the FSA acted and got a result but with the banks and credit card companies the Office of Fair Trading (OFT) missed the open goal. I can see many parallels between the two but no joined up thinking. The OFT were robbed of a result at the last minute by a legal technicality that they should arguably have spotted. But why the difference between the two cases? Is it than one group are lovely home-owners and the other group are dirty credit card defaulters?

 

 

There will no doubt be an industry forming around reclaiming mortgage arrears fees over the coming few weeks, if one isn’t already out there.

The overall majority of those in mortgage arrears will probably also have unsecured lending problems too. It is strange that they can rely on one regulator to force lenders to act properly, but not in the other. Especially when you consider that the unsecured credit charges could well have exacerbated the position with respect to their mortgage payments situation.

A borrower is a borrower and should be treated fairly whatever the loan was for and whoever the regulator is.

Read more: http://www.economicvoice.com/fsa-cracks-down-on-mortgage-arrears-fees/5006098#ixzz1BVFCPTtx

 

Mortgage lenders have been banned from hitting borrowers behind on payments with punitive charges if they have already set up a payment plan to clear any arrears.

The new rule, introduced from today by City regulator, the Financial Services Authority (FSA), will give struggling homeowners more breathing space (see the Mortgage Arrears and Redundancy guides).

Some lenders hit those in the mire with hundreds of pounds of charges (see the Huge mortgage fees MSE News story for lender-by-lender examples).

As well as banning charges for some, under the new guidelines, payments by customers in financial difficulties must first be allocated to clearing the missed monthly payments, rather than to arrears charges.

The FSA has also re-affirmed past statements that repossessions should always be a last resort.

Reclaim charges

The FSA has previously told MoneySavingExpert.com that homeowners hit with excessive mortgage arrears charges should demand their cash back.

It has hit numerous lenders, such as GMAC-RFC and Kensington, with fines for unfair or exorbitant fees (see the Arrears crackdown MSE News story).

We have heard numerous reports of consumers successfully claiming charges back by complaining to their lender or by contating the free Financial Ombudsman Service.

MSE will soon by publishing a full guide to reclaiming mortgage arrears fees. See the free weekly email for updates.

Lesley Titcomb, from the FSA, says: "We think it is wrong arrears charges should be taken from customers already in difficult circumstances, trying to get their finances back on track."

http://www.moneysavingexpert.com/news/mortgages/2010/06/fsa-gets-tough-on-mortgage-arrears-fees

Edited January 19, 2011 by bustthematrix
Removing Ads

[dave121]

great reading, end of the day they are bottom feeders, but how many have lost there homes who were clueless??

[bustthematrix]

Does anyone with recent experience know what contact details to send a SARN for these bozos to?

 

I've asked for you on the main SPML thread Dvae so you'll get an idea soon.

[Ell-enn]

When you send the SAR make sure it is by recorded delivery. Also, on the postal order write your name, address and account number on the back and also print "Fee for Subject Access Request only", then take a photocopy of the front and back of the PO and keep safe with your copy of the SAR letter. Check on the royalmail website a few days after posting to print off the signed for receipt and keep safe with the copy letter. You may have to prove they received it.

[dave121]

Hi there brief history...

2005 spml get a repossesion notice it was suspended as long as i paid the mortgage plus £50 off the arears every month (arears at the time was £3300)it was to be paid on the 1st of every month.

throughout that time until december this year i have paid within the said months, but not on the 1ST sometimes it was. most i have ever been is 5 weeks behind, unexpected bills etc, but always caught up.

december 2010,comes and i have a problem with my car, clutch goes £500 bill.

in hindsight i should have informed the MC.

28th of dec i send a cheque off for £600 december payment and a bit of jan (mortgage is £320 + £50 arrears) so that left a shortfall in jan of £140 i have just payed £176 now to ascendan where the other £26 come from ...god knows... so it is jan the 19th and i am up to date with my arangement from 2005, and i still have arrears of £3200???

The woman on the phone was very clever with me and said" we are still evicting you, even if you pay the £176....you do know that dont you"

So i said well that will be down to the judge, so she says "oh have you requested a suspension" i said yes .. woman:"well we can still contest it" i said at the end of the day it is the judges desicion...

then she changed her tune and said "oh of course it is, we will abide by the judges ruling, and if you win can you call us back to make a new payment plan"

Jesus christ is it a game of chess to these people!!!

I think a manager was listening in and told her what to say for the last part...

I also told her that most of the arears must be fees and told her to do the maths £50 per week for 5 years = £3000

[Ell-enn]

Hi there, I'll start to draft a statement to go with the N244. I think the judge is going to be a bit annoyed with Acenden when he reads what's been going on ! Back shortly.............

 

Do you by any chance have a copy of the original suspended order from the court in 2005? it might show what the arrears were at that time

[Crapstone]

It's about time we had a 'sticky' on SPML and how they have to be handled! Any volunteers? It would also be good to have a thread solely on CAG members stories and histories of dealing with SPML, Capstone and Ascenden. No replies to be added, just an easy read-through so new members can see they aren't alone and that their problems aren't unique. I'll stop short of asking for a dedicated 'mooning' smilie, reserved only for the use of this wretched company. Thoughts please..