Capstone/Acenden/SPML

[BabyClanger]

I was very interested to read about the fines imposed on DB regarding their arrears charges and wondered if I can do anything about Acenden (nee Capstone for SPML).

 

To cut a very long story short, in July 2009 I received a letter saying that my fixed term was coming to an end and that my payment for September 2009 would be ‘X’ amount.

 

This was paid, in full and on time and I then start to receive letters (a bombardment would be a better description) stating that there was a shortfall on my September payment despite me sending them exactly what they asked for in their letter of July 2009.

 

I did not (and still don’t) see why I should pay for their mistakes as they offered to split the outstanding amount with me 50/50 which I declined to do, and went to the F.O.S. After 5 months to’ing and fro’ing, the idiot there (let’s call him Tom for sake of argument) adjudged that Capstone’s offer was reasonable and that I should comply with it. This effectovely gave Acended the Green Light to keep sending out incorrect information in their letters - with the F.O.S's blessing.

 

What I did not know until towards the end of Tom’s enquiries was that Capstone had been taking the outstanding amount out of my monthly mortgage payments since October 2009 and putting it against the shortfall from September, so every payment I have made since then has created an ongoing shortfall. And they started doing this while this was being investigated by the F.O.S. which I think is very underhand anyway, and with all the charges and Home Counsellor Visits they’ve tried impose on me my ‘arrears’ are just over £1,000.

 

I do not know exactly what all these charges are, but you can bet that Acenden have been charging me as well as taking half my monthly mortgage payment. Are these charges covered by the ruling against DB? And should I write to them for a breakdown of my ‘arrears’?

 

Thanks

[jasperpad]

I think the first point here is this:

Was there a shortfall for the September payment?

If so how much was it?

Ask Capstone et al for a statement to prove the shortfall

If there was no shortfall challenge it

 

From my understanding of these things if this was in the hands of the FOS then they should not be making any further charges as the account is/was in dispute. Did Ascenden send/charge for a debt counsellor? if so ask for the breakdown of this charge as they are not allowed to make a charge that is more than the actual cost.

 

I would also go back to the FOS and put your points to them and ask for them to review the case, and at the same time send copy to Ascenden and tell them that you will not make any form of payment until you get the results from the FOS and that this account is now in dispute.

 

Hope this helps

 

Jasperpad

[BabyClanger]

I think the first point here is this:

Was there a shortfall for the September payment?

If so how much was it?

Ask Capstone et al for a statement to prove the shortfall

If there was no shortfall challenge it

 

From my understanding of these things if this was in the hands of the FOS then they should not be making any further charges as the account is/was in dispute. Did Ascenden send/charge for a debt counsellor? if so ask for the breakdown of this charge as they are not allowed to make a charge that is more than the actual cost.

 

I would also go back to the FOS and put your points to them and ask for them to review the case, and at the same time send copy to Ascenden and tell them that you will not make any form of payment until you get the results from the FOS and that this account is now in dispute.

 

Hope this helps

 

Jasperpad

Hi there, the amount i paid in September 2009 was £346.47 which was exactly the amount as stated in their letter of July 2009. This (according to Acenden) left a shortfall of £280.00 or there abouts which they offered to split with me 50/50.

 

They have tried to send round a debt councellor but i have declined this every time, so as far as i am aware, no charges for this particular 'service' has been made. I would presume my 'arrears' are becasue of how they are appropriating my monthly payments when i make them. I have paid my mortgage every month in full since the start of all this nonsense, but on a couple of occasions, Capstone/Acenden have tried to take more from the Direct Debit to get an amount to start covering these 'arrears'.

 

On these occasions, i have claimed back the entire payment via the DD guarantee and sent them a cheque for the correct amount.

[PGH7447]

best way to respond is to send these fools a sar request and demand all statements and copies of letters and phone transcripts from july 2009. then re-open the complaint with the fos and state that you are aware that while a complaint is in process, then all activity regarding charges should have ceased.

[BabyClanger]

Does anyone have any contact email addresses for Capstone/Acenden?

The mail address i have are now being bounced back as undeliverable so

with their recent name change, i guess they have now changed the old

Capsstone email addresses.

 

I have contact names, i just need the format of what the addresses are - first name / last name at xxxxxx dot ......... or whatever it is.

 

Any help greatly appreciated.

 

Thanks

[cerberusalert]

There's an email link page here; http://www.acenden.com/customer/contact-us

[BabyClanger]

There's an email link page here;

I've already tried that online form..... it's bleeping useless. More chance of a reply from Elvis Presley. I have two names at Acenden - i just need the name format and the domain format.

[mercyblue]

try initial surname @capstonemortgageservices.co.uk e.g

[email protected]

[BabyClanger]

Hi, thanks for this, but i already have that format.

I believe acenden is now a .com (opposed to a .co.uk) domain which is why i'm looking for a new, valid format.

 

Appreciate your reply. Thanks.

[mercyblue]

Umm all I did was a whois lookup on acenden which if anybody is interested the results are below.

 

acenden.com domain name record - Make an offer now

 

Registrant:

Capstone Mortgage Services Limited

St Johns Place

Easton Street

High Wycombe, Buckinghamshire HP11 1NL

GB

 

 

 

Related Domains

Related Premium Domains

AcGoalEn.com

AceOne.net $1488.00

 

 

 

 

 

 

Search more extensions

 

 

Want acenden.com?

Backorder the domain at NameJet

 

Own acenden.com?

Transfer your domain now

 

Administrative:

Magson, Daniel [email protected]

St Johns Place

Easton Street

High Wycombe, Buckinghamshire HP11 1NL

GB

+44.2075329000

 

 

Technical:

Magson, Daniel [email protected]

St Johns Place

Easton Street

High Wycombe, Buckinghamshire HP11 1NL

GB

+44.2075329000

 

Nameserver:

NS1.CAPSTONEMORTGAGESERVICES.CO.UK

NS2.CAPSTONEMORTGAGESERVICES.CO.UK

 

Created On:

Unavailable

 

Expires On:

Unavailable

 

Domain:

acenden.com

 

Other Whois Data:

Record last updated on 02-Jun-2010. Record expires on 21-May-2012. Record created on 21-May-2010. Registrar Domain Name Help Center: http://tucowsdomains.com

This domain does not appear to have registrar lock enabled. www.acenden.com hosts it's domain on NS1.CAPSTONEMORTGAGESERVICES.CO.UK, NS2.CAPSTONEMORTGAGESERVICES.CO.UK.

[BabyClanger]

Quick update. I've received a breakdown of the charges and it looks like Capstone/Acenden have been charging me £85.00 a month on top of seizing half my mortgage payment towards the 'arrears'. I don't know what this amount is for, it just says administration fee. This has been going on since Sept 2009 - every month.

I received a letter from them yesterday saying that my ‘arrears’ are now approaching a ‘serious level’ and that I should submit realistic proposals to reduce them. Should these proposals not be forthcoming, they will pass this over to their solicitors in 21 days time. I've told them to bring it on.

I have kept every piece of correspondence from Capstone/Acenden in particular the letters outlining my expected mortgage payments which they send every three months now that I am no longer within my fixed period. I have made sure that absolutely no payments have been missed since all this started so I really don’t see how they can pass this to their solicitors as there are no payment arrears on my account apart from the shortfall which was a result of their misleading letter in the first place.

[PGH7447]

Ah the famous admin fees, write back and demand to know what the admin fee covers

[BabyClanger]

Thought I’d post an update about Acenden, which is getting better and better by the day. I’ve been having a bit of fun with them of late with a couple of letters which to put it bluntly, DARES them to take me to court over my ‘arrears’!!

 

I recently sent them this……

 

“I notice there are several items described as ‘Early Stage Arrears’ and ‘Arrears Management Fee priced at £65.00 and £85.00 respectively. These have been highlighted for you in Yellow. Please would you be so kind as to inform me EXACTLY what ‘management’ is involved to charge these amounts. Or is it as I think it might be in that someone there is just pressing buttons or typing a few words on a keyboard.

 

If the total amounts are a combined amount charged by different departments at Acenden, please provide a breakdown of these departmental charges separately.

 

 

I look forward to a very speedy reply.”

 

 

They replied of course, with a load of waffle and sent me two copies of their Tariff of Charges which sets out their various ccsts. No attempt was made to answer my question. I then gave them a further opportunity to send a more detailed reply with this on the 19th September……….

 

“With regard to my letter of the 19th August 2011, it would appear that you have not answered my question. I did not ask in which circumstances these fees are charged, I asked what Acenden did to arrive at the level of the fees that are being charged. As it seems that Acenden have a penchant for sending copies (not one, but two copies of your Tariff of Charges and Fees enclosed with your last letter), I return the compliment with a copy of my letter of the 19th August 2011, highlighted with the question that, at this time, remains unanswered.

This is now the second opportunity you have been given to respond to this question. Sadly, I am not feeling that charitable to offer you a third opportunity as this nonsense has now gone on for long enough.

 

On a separate note, I seem to recall receiving a letter at least a couple of months ago stating that my mortgage account arrears are now at a ‘serious stage’ and that if a payment plan to clear these arrears is not put in place, I would be hearing from your solicitors within 21 days. At the time of writing, no such communication has been received and I can only assume this is because you have figured out that I have, in fact, sent you every penny you have asked for since your letter of the 20th July 2009 and the misinformation contained therein.”

 

 

Which they ignored!! No reply ever received.

 

 

That lack of response prompted this on the 6th October……

 

 

“It would appear that I have not received a reply to my letter of the 19th September, a copy of which I have enclosed.

 

As there is a remote possibility that this letter somehow got lost in the post, I have re-sent this to you Recorded Delivery so that I know you have definitely received it.

 

I look forward to your speedy reply.”

 

 

And they replied this morning. Apparently, Quote - whilst they note my request for a breakdown of the Collection / Arrears administration fees, we must advise that we will be unable to provide these details as it is considered commercially sensitive information. Unquote.

 

So, they won’t tell me what they do to arrive at the administration fee they charge and they totally forgot all about their threat of passing this over to their solicitors!!

 

Is it time now to send them the reclaim of unfair charges letter? This goes back to September 2009 so it’s quite a substantial amount – about £1,600 as it stands at the moment. My gut feeling is that they haven’t passed this over to their solicitors because their solicitors can see and have told them that I have paid every last penny they’ve asked for since all this nonsense began.

 

They have been given ample opportunity to explain their charges which they have declined to do, so what’s the way forward from here?

 

Would love some input!!

 

Thanks.

[PGH7447]

go down the reclaim route and see what happens,also start to add admin charges to your letters, I mean all the time and effort expended by you must come at a cost, say around £85 a letter, backdated to 2009 or course

[BabyClanger]

go down the reclaim route and see what happens,also start to add admin charges to your letters, I mean all the time and effort expended by you must come at a cost, say around £85 a letter, backdated to 2009 or course

 

What a delicious idea!! I really want to get these suckers in court, as i'm sitting on all my payments documented right back to where all this guff started. I know their solicitors have advised them it's not a good idea to persue the court route, otherwise i would have heard from them by now.

[BabyClanger]

OK, I am ready to send off the letter to reclaim the unfair charges as outlined in the April Focus email. I have the final amount which is £1629.32 to be claimed back. Have any forum members been successful in a claim such as this? Or can i expect protracted and much drawn out correspondence from Capston/Acenden on their receipt of this letter?

[Sappho54]

Gird your loins for a long drawn out war of attrition. I put in a claim to reclaim unfair charges. They had two months to reply before I could refer the case to the Fos. a month into the complaint they wacked on three extra charges and served a default notice (by the way I have not missed any payments; the "arrears" are solely their charges) i wrote asking them to remove these charges as they had not responded to my complaint and they cannot instigate legal proceedings whilst a complaint is being investigated. Their response was to issue a repossession notice which arrived the same day as their offer letter to repay half of what we claimed. Then there was a letter from their solicitors saying the case had been withdrawn from court, followed a day later by a confirmation from Acenden that they were going to court for an SPO, followed two days later by yet more charges. In short since we complained they have added £2600 in charges, in two months. Acenden are a unique blend of malice and unfair practice coupled with extreme incompetence which makes them an absolute nightmare to deal with. I wish you the very best of luck

[BabyClanger]

Gird your loins for a long drawn out war of attrition. I put in a claim to reclaim unfair charges. They had two months to reply before I could refer the case to the Fos. a month into the complaint they wacked on three extra charges and served a default notice (by the way I have not missed any payments; the "arrears" are solely their charges) i wrote asking them to remove these charges as they had not responded to my complaint and they cannot instigate legal proceedings whilst a complaint is being investigated. Their response was to issue a repossession notice which arrived the same day as their offer letter to repay half of what we claimed. Then there was a letter from their solicitors saying the case had been withdrawn from court, followed a day later by a confirmation from Acenden that they were going to court for an SPO, followed two days later by yet more charges. In short since we complained they have added £2600 in charges, in two months. Acenden are a unique blend of malice and unfair practice coupled with extreme incompetence which makes them an absolute nightmare to deal with. I wish you the very best of luck

How did they justify these extra charges, or didn't they? And how can they claim a repossession if you have made all your payments? Surely the law must be on your side if you can prove you've made all your payments?

 

What a crock.

Edited November 5, 2011 by BabyClanger

[Sappho54]

They don't seem able to deal with the question of charges on the phone and I have got no sense out of them. They have 40 working days to reply to my complaint about the new charges which means I may not hear back from them until after Christmas. The problem is, that there are no "laws" that protects borrowers only a framework of guidelines, codes and protocols backed by weak regulators and poorly educated judges. Of course they should'nt take me to court without any missed payments - but they are doing so, and all the judge will be interested in is does the borrower owe money to the company? The answer is yes, a whole years worth of misapplied fees, charges and interest on fees/charges at 5.6% per month which doubled our monthly payments. Not only have we not missed a payment but we have overpaid on all occasions. This cuts no ice with them.

I am sorry to sound so negative and defeatist and I really don't mean to be but all I can advise you to is to keep on at them, recorded delivery for all letters, tape the calls or if you can't don't phone them, challenge everything. Good luck, you sound as if you are doing all the right things.

[BabyClanger]

Hi,

 

despite the BOE interest rate being static at 0.5% for god knows how long, Acenden still keep finding a way to increase my mortgage payment. I beleve that as i am no longer in a fixed period mortage (the two years fixed rate on my mortgage ended in August 2009) they now apply the MIRAS bank rate to calclulate my payments.

 

This has gone up steadily from just under £300 a month to over £325.00 as of today.

 

Is there any way to check the current MIRAS rates anywhere? I just Googled this and couldn't find

anything.

 

Thanks

[honeybee13]

Hello there.

 

The only MIRAS I know is mortgage interest relief at source, which I thought had stopped. Do you mean something else?

 

My best, HB

[BabyClanger]

Hi Honeybee13,

 

thanks for your reply. This is what i was thinking about MIRAS in that it was finished up a little while back.

As far as i can ascertain, Acenden are using the rate that banks lend to one-another to calculate my

mortgage payments. Do you know what this is?

 

Thanks

[honeybee13]

I'm not an expert, I can remember LIBOR, but I'm not really up to speed on current terms.

[honeybee13]

This is what the Acendon website says. Does that help any? HB

 

Variable Base Rates

 

Unless your mortgage is currently in a period where a fixed interest rate applies (see Product Types above), the calculation of your interest rate typically involves the use of a variable base rate. Your interest rate will be recalculated at regular periods throughout the life of your mortgage or loan. The following are examples of variable base rates that lenders use:

 

• Bank of England Base Rate (BBR) – This is the rate the Bank of England sets every month and publicly announces.
  
• London Inter Bank Offered Rate (LIBOR) – This is the rate at which banks borrow funds from each other in London. As there is more than one LIBOR, it is important to check your mortgage terms and conditions or loan agreement to be sure which LIBOR your mortgage or loan is set against.
  
• Standard Variable Rate (SVR) – This rate is set by your lender and moves up or down at the lender’s discretion. The lender’s decision may include consideration of changes in the BBR or LIBOR.
  

Current Variable Base Rates

 

 

LIBOR BBR SVR 1.04% effective from 1st December 2011 0.50% effective from 1st March 2009 2.79% effective from 1st March 2010

[BabyClanger]

That's the one.... LIBOR!!! Googled quite a bit of info on this and there seems to be

quite a few different LIBOR rates. I'll email Acenden to find out which one applies to me.

 

Many, many thanks for your help.