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spml ascendan eviction ++EVICTION NOTICE WITHDRAWN PRIOR TO COURT DATE**


dave121
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Good luck for next week Dave...

 

How are your complaints with the FOS and LR progressing Peter, about your own loan with SPPL?

 

Thanks Suetonius, just about to make this months payment to the scoundrels now......i will proberbly have some sarcastic comments waiting for me like before.....

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Don't get into any discussion about what you have put in your N244 - if they refer to the court hearing just tell them you'll wait for the judge to decide. You're in the right here - don't let them bully you.

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Mortgages before 31 October 2004, were not and are not (unless amended after this date) regulated by the FSA. The administration of a unregulated mortgage contract continues to be an unregulated activity that can be performed by a regulated business. Whilst the business is regulated the activity isn't, which means that regulation does not apply to that specific activity.

 

 

So are they not bound by any of the fairness aspects of the FSA regulations contained in MCOBS?

 

If not then surely they should be. The Mortgage Code is now obsolete, so does it follow that any first charge mortgages incepted prior to 31 October 2004 now have no course of redress?

 

The ConDem coallition are proposing FSA regulation for all second charge mortgages and secured loans. It seems unbelievable that there may be loads of first charge mortgages pre Oct 2004 that have no rights to regulation or restitution.

 

Confused...

 

HJS

Edited by HomerJSimpson
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***update***

Got a call from asceden just now saying they have looked at my account again and will except my mortgage plus £80 a month and cancell the eviction....

 

I said i dont think so im in court on monday, we will let the judge decide, so they said well what about your mortgage and the origonal £50 a month? so i accepted.... yee haaaaa ...

and told them to put it in writing. the thing is there was no hesitation as to accept a lower offer no supervisor asked they just did it........

they have instructed there solicitor to withdraw it.

does that mean i will not get there legal fees too?

I am still going to court on monday (if only to get my moneys worth ha ha) and i will explain to the judge how ive been treated, it wont help me, but the next guy in, might be fighting with ascenden and it might play on the judges mind.......

A massive thanks to everyone who as helped, Including the gifted, Ell-enn

I can only assume their solicitors have got the n244 docs and told them to ABORT....ABORT......lol

now for the unfair charges/fees to fight........Excellent guys and thanks again....

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Dave seems they were trying it on after all and this appears to be a regular tactic to sweat people out,if they are aborting the eviction and going back to the original payment it may be wise to tell the court this because in reality they should not be able to claim any of their costs and in fact I think they should pay yours for a falsely premised claim!

If you are in court monday carefully think about this ,

It may be an idea to make telephone attendance notes about the last conversation you had with them,including the time and date and what they said and present this to the judge and ask for your costs on the basis that the claim against you should never have been made in the first place.

They are quite capable of slipping litigation costs onto your account even though the hearing from their point of view was aborted as they will no doubt say as a concession to help the struggling borrower.

 

The positive thing here is your problem has had the effect of promoting seriously important debate and formulated thanks to other posters an excellent means of making a detailed and compelling fos complaint,please see other main thread for this.

 

Re regulation it seems the FOS will consider first charge mortgage complaints on the issues of treating customers fairly which can encompass almost anything from my own experience personally back to 1988 or before.

like the courts it seems unfortunately its a lottery who you get as adjudicator though so as crapstone so rightly says keep plugging on.

Edited by peterjm
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Can anyone advise please.

 

We have just had our house reposessed by Ascendum/Capstone/SPML/COWBOYS - just last month (Its now up for sale at a ridiculously low price).

 

Too cut a long story short the mo. co was chasing me for 3 months arrears. We were going through a bad patch with work etc (oh and the csa)!. We had got into arrears last year with the mortgage and that was paid up then we got into arrears again. They were threatening eviction etc and when we made phone calls to try to make an offer we were told (FULL PAYMENT TO CLEAR ARREARS ONLY!).

 

Anyway we moved out and rented a property as we were sick of the bullying tactics and that of the csa also(who were also trying to force a sale via charging order on the property).

 

We have just read about all the charges people have been charged and realise that we have been charged all of the same and in fact if we hadnt we probably wouldnt have been in the situation(TOO LATE NOW WE REALISE!!).

 

Is it too late to claim any charges or fees???

 

The outstanding mortgage was £116000 house is up for sale with an agent for £135K. The csa have a charging order for £20k - (long story).

 

Also house in sole name - partner of 9 years not on it. 2 small children also.

 

If we could recoup some monies it would be a great help as because of the situation we are finding it hard to make ends meet. Also wether right or wrong as we have moved we have had no contact with the mortgage company since and hence they dont know were we live (and csa also)

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Peter how many lose there homes who never came on here?? ..........bullying tactics for sure.. but once they see you mean business they back off like hungry scavengers......

to be fair my case should not have gone this far,,,,a little word from there legal team to them must have said NOOOOOOOOOOOO

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Hi Dave - great news, well done :) No wonder they are cancelling the eviction - they won't want the judge to see they are trying to evict you for only £300 arrears and £3k of charges !! I thought this would happen when they saw your N244. I hope they're going to put their acceptance in writing. Remember though, you should only pay the extra £50 until the £300 arrears are cleared. The £3k charges should be added to the outstanding mortgage.

 

Glad to hear you're still going to court on Monday, you should check with the court staff that they have cancelled the eviction (it wouldn't be the first time that a lender has been slow in communicating with their solicitors).

 

You could take a statement to court with you detailing the arrangement they accepted and as mentioned above, mention that they shouldn't add legal costs as the arrangement could have been agreed before issuing an eviction notice, if you need help with that let me know.

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Peter how many lose there homes who never came on here?? ..........bullying tactics for sure..

Well done Dave, great result. Bet you slept a bit better last night?

 

Hundreds, if not thousands is my guess. The banksters regularly get away with this sort of thing on so many levels. The more ignorant the masses the better for them really.

 

Did you manage to get any of those letters, documenting what's happened, sent of to them? This is when those letters become more valuable.

 

But first, guess you gotta go and do your 'performance' in court. Don't be surprised if a temp lawyer shows up for them 2moro who's not been told what was agreed with you on Friday and still has 'instructions' to enforce an eviction. Take a record of what was agreed with you plus evidence of your attempts to settle out of court. Ensure you ask the judge for a costs order against them, if at all possible.

 

Keep a cool head - all the best!

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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Btw Dave, if you turn up tomorrow and there IS no hearing because it has been cancelled in time, make sure you write to Lender and confirm what you understand to be 1) the terms agreed and the due date for payments as last working day of the month 2) no legal costs will be added (they may still try to add their legal costs up to the hearing) 3) that while arrangements are in place, their monthly arrears charge must be waived (this is mandated by the FSA, not just a good idea).

 

Please note, doing these things now, will make your claims for refunds of charges and costs that much easier further down the road.

 

Ps: Not sure whether you can still ask the court to make an order either way once the hearing has been withdrawn? Thoughts anyone?

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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Btw, if they do lump on their costs, as I've said before the FOS can order them to refund it+pay your costs when you come to look at it later...:-)

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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Hi Dave - great news, well done :) No wonder they are cancelling the eviction - they won't want the judge to see they are trying to evict you for only £300 arrears and £3k of charges !! I thought this would happen when they saw your N244. I hope they're going to put their acceptance in writing. Remember though, you should only pay the extra £50 until the £300 arrears are cleared. The £3k charges should be added to the outstanding mortgage.

 

Glad to hear you're still going to court on Monday, you should check with the court staff that they have cancelled the eviction (it wouldn't be the first time that a lender has been slow in communicating with their solicitors).

 

You could take a statement to court with you detailing the arrangement they accepted and as mentioned above, mention that they shouldn't add legal costs as the arrangement could have been agreed before issuing an eviction notice, if you need help with that let me know.

if you could El, that would be great...

Thanks bustthematrix,

Ive phoned the FOS and they said i need a formal complaint sent to spml first and go from there.....i have no figuers until they comply with the sar so maybe wait?

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OK, I'll draft something up either tonight or tomorrow.

 

Re the FOS - you have to exhaust the lender's complaints procedure first -ie.ask for the charges to be refunded and when they tell you to get lost you then take it to the FOS.

 

Once you have the SAR you should know how much the charges are - we have a letter to send to lenders asking for the charges to be refunded so we can deal with that once you know the amount.

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Hi Dave, I'll post something shortly for you to take to court tomorrow.

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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Affixed is a statement to take to court tomorrow - as with the N244 statement you need to fill in the into at the top, you will also need to take 3 copies.

 

You should get to the court early and ask the usher if they can give your statement to the judge before the hearing. If they say they can't you can hand it to the judge in the hearing. Wait until the judge has finished his introduction and then say "Sir (or Madam) may I give you an updated statement" and then just hand it over.

 

Don't forget to take your copy of the N244 stuff with you as well.

Dave121 statement for court.doc

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We were repossessed by this **** last August same scenario in arrears most of it charges then wanting a lump sum when knew we had no chance of paying it. Wish I had done a lot more but never been through this before should of got more advice and hit them where it hurts too late now .

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Sorry to hear roxy, maybe claim the fees still?

 

Anyway just come back from court, in and out, judge said he wasnt expecting me to come, they had recieved a fax to withdraw the eviction.

The judge said shaking his head,,,I think they were very wise to withdraw as they would not have got a result with me, absolute waste of time, youve been paying havent you?

then asked if my car was behaving and then said this matter is closed thankyou for coming....

I asked about their fees and he said that he would certainly not award them fees, but the mortgage co may do....

He said i can award you your fees but as you have reached an agreement, i better not rock the horse cart...?

So thanks once again, to everybody, he did not seem bothered about the statement i produced today, as it was finished with.

Regards Dave.

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