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    • 05.05.24 Ever so sorry if I have entered this in the wrong part of this website.   My grandfather is in his 70's and retired.  He asked me to help him find a work pension that he was paying into when he was working. From 1967 - 1982 he worked for a Fabric Dying Company, Celanese, Spondon Derby UK. I have already used the GOV.uk Trace Pension Scheme. It listed a few pension companies : Akzo Nobel (CPS) Pension Scheme formerly Courtaulds Pension Scheme.  I do not fully understand how this works but I think this scheme is administer by a company called Willis Tower Watson. We have called this company, got through to the pension department submitted all my grandfather's details (D.O.B. , N.I. no. etc.) but that agent tells that they have no record of my grandfather and ask what is the name of the pension scheme. Here is the problem, his home was burgalled in 2005 and a briefcase which contained his legal documents was stolen. So he does not know who was the Pension Scheme company. I have a this phone number 01332 681 210 for Celanese but it just rings and never gets answered. So I am asking for help if anyone can tell us where we can try next. I am also hoping for a massive long shot that one of them members on this website, worked for or knows someone who worked for British Celanese Spondon Derby and could tell us of any pension company. Thanks for any help.
    • Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
    • Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism in these circumstances  to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
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Acenden-SPML-Taking too much every month


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Hi all.I have an interesting question concerning mortage companies and their right to take excess amounts without your permission.In particular Acenden,an offshoot of SPML.I will keep this as brief as possible.

I took out a mortgage with SPML in 2001.A small mortgage of under £30,000.My mortgage payment is approx £175,of which the dss pay about £60 a month.leaving me with a payment of about £115 a month.

I have been on benefits for several years due to poor health.

I have never had any real problems with them (SPML),apart from them constantly taking excess amounts in mortgage payments most months,with no explanation or apology.This has happpened consistently since i took out the mortgage.Eventually i would get a refund for the excess amounts taken.

My latest problems started last year,when the dss changed the rules on the amount they will pay in housing payments each month.I was never informed of this change by either the dss or acenden,and only found out by chance in january.When i checked my mortage account online in january,i saw i was in arrears by about £45 because of an underpayment by the dss.No charges had been added,apparently due to dss rules,and the small amount involved.So i happily paid the arrears and thought that was it.Next month,i checked again and saw i was (according to my online statement) £65 in arrears.Again i paid it and contacted acenden and the dss.They (acenden) assured me they could add up and that my direct debit would be adjusted to take the correct amount from my bank (approx £115).So next month they took approx £180,an extra £65 from my account,leaving me £65 in credit on my mortgage account.I phoned them again and got a £65 refund.I have just checked my bank statement,and see a direct debit request from acenden for £240 odd pounds.£125 too much and over 2 weeks benefit money,leaving me potless.

My mortgage payments are approx £175.I have never been in arrears,or knowingly missed a payment with this mortgage,so they have no reason to take excess amounts from my bank account.

In my last phone call to them,they assured me all will be right this month.

My question is;Can they legally keep taking excess amounts from my bank every month,even after i had verbally instructed them not to do this.I would like to add that this is causing me extreme financial hardship,and is affecting my already fragile health.

Replies will be gratefully recieved.

Just to add that i have every letter and statement sent from spml,and all their various collection agencies,since the mortgage was taken out,proving the above.

Edited by dummyneedshelp
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Hi DNH !!

 

I think the Mortage forum would be a better place to get you some good advice.

 

I'll move your thread there, you wont lose it, honest !!

 

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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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come on guys and girls.someone must have an opinion on this.should i go to the police about this ?.if not,who should i contact.please help this is driving me nuts.

 

The police won't be interested. It's a civil matter, not criminal.

 

The answer is very simple - change your direct debit to a standing order. Hey presto, no more unauthorised amounts going out of your account.

 

It is likely they will make a fuss, but so long as you state your reasons, and ensure that the payment they receive each month is accurate to the very last penny, then everything should be fine. But, by changing to a SO, you are taking the payments out of their hands - so be warned, you will need to ensure you are not falling into arrears by doing it this way; unless your monthly payment is exactly the same each month, it will entail you phoning them before the payment is due and then adjusting your SO as necessary.

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Hi.thanks for the suggestion.

Doing anything to the direct debit is not an option with this shower.Neither is asking for anything on the phone,trust me,its not an option.

Please remember,i have never missed a payment in 10 years.I am a good customer,not a defaulter.I dread to think how they treat the bad customers.

Anyhoo,how do i go about taking legal action.If the general opinion is the police wont be interested then i have to do something asap to stop this happening every month..

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Hi.thanks for the suggestion.

Doing anything to the direct debit is not an option with this shower.Neither is asking for anything on the phone,trust me,its not an option.

Please remember,i have never missed a payment in 10 years.I am a good customer,not a defaulter.I dread to think how they treat the bad customers.

Anyhoo,how do i go about taking legal action.If the general opinion is the police wont be interested then i have to do something asap to stop this happening every month..

 

Firstly, you are free to take the advice given and use it, and equally free to ignore it. It's absolutely your choice.

 

You CAN change your payment method - if you choose not to, that is your choice.

 

You have no legal cause of action. The courts will not be interested since there is a method of resolving the issue without recourse to the courts.

 

You are also covered by the direct debit guarantee - if a payment is taken that differs to the usual payment, then Acenden should inform you prior to taking the payment - if they take more than they told you they would, then the guarantee kicks in and you can ask for an immediate refund of any payment over the actual payment. If they refuse, then you can complain to the Financial Ombudsman.

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thanks.

i have sent them a message asking for a refund for over payment taken,as per the direct debit guarantee.

how long do i have to give them to refund me before i can county court them ??

 

I am not entirely sure that you understand how and when to use the courts, so to be clear, you have no cause of action at this time. If the mortgage company do not refund your money - you go to your own bank and request that the DD is recalled. It will be refunded under the DD guarantee.

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Hi.Many thanks for your reply.Yes you are right,i have absolutely no idea about how the court system works,or any legal matters concerning finance..But i am a fast learner when i need to be,and have plenty of time on my hands,so am absorbing as much as possible from this great site

Thats why i posted to the forum,to get as much advice as i can.Then i can decide whether to put up,or shut up.If i do nothing,they will just keep on doing it,to me,and who knows how many other people.If this is a regular occurance with lots of customers,then the sums involved would be enormous.I am hoping other people with mortgages,who were maybe afraid,or didnt want the hassle,will contact me,or post here

I read another post with a similar situation to mine,and one of the replys said write to them,asking where they keep the money,and if its earning interst.

Any point in that ??

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Hi.Many thanks for your reply.Yes you are right,i have absolutely no idea about how the court system works,or any legal matters concerning finance..But i am a fast learner when i need to be,and have plenty of time on my hands,so am absorbing as much as possible from this great site

Thats why i posted to the forum,to get as much advice as i can.Then i can decide whether to put up,or shut up.If i do nothing,they will just keep on doing it,to me,and who knows how many other people.If this is a regular occurance with lots of customers,then the sums involved would be enormous.I am hoping other people with mortgages,who were maybe afraid,or didnt want the hassle,will contact me,or post here

I read another post with a similar situation to mine,and one of the replys said write to them,asking where they keep the money,and if its earning interst.

Any point in that ??

 

My answers remain the same, your solution is very, very easy and totally in your control. You can't sue someone for your own inaction.

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Ok thanks.

Is this post on the wrong page,or have i done something wrong,as i seem to be getting comments from 1 person only.After spending days trawling through the site,and seeing endless complaints about spml/ascenden,i find it very strange that no-one else is commenting.

If i complain to the bank and they refund me the payment taken by them in may,does that put me in default as no payment has been made on my mortgage for this month.

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Ok thanks.

Is this post on the wrong page,or have i done something wrong,as i seem to be getting comments from 1 person only.After spending days trawling through the site,and seeing endless complaints about spml/ascenden,i find it very strange that no-one else is commenting.

If i complain to the bank and they refund me the payment taken by them in may,does that put me in default as no payment has been made on my mortgage for this month.

 

Refer to post #7.

 

You may still get other viewpoints - but the legal position based on what you claim to have occurred, is as stated.

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  • 1 month later...

This matter has now been raised with the FSA.

Its ridiculous of you to suggest i make a manual payment every month for the next 15 years.

Do you work for,or have anything to do with SPML or any of the various agencies they use ?.

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I very much appreciate any input on the questions i have asked.

Because i have not been given any advice that is useful to my particular problem,,i have not taken it.

I will ask again.Have you any connection to SPML ?.

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You have been given absolutely the correct advice from Lea_HTH. The only way to guarantee that the same amount is paid every month is to set up a standing order it's very easy to do and it is your choice. However, if the amount the DWP pay is liable to change you would need to know that in advance in order to adjust the standing order or pay the excess over the phone.

 

I'm not sure what further advice you are looking for, and you won't get many more people responding if you accuse them of working for lenders when they give you an opinion that isn't what you want to hear.

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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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  • 3 months later...

Hello again.

First off, apologies for my earlier rant. I was totally at the end of my tether with these people and was not thinking straight.

Update to where i am now.

I have contacted the FSA 3 times and not had any sort of response at all from them.Not even an acknowledgement that i have contacted them.

So i have got some legal advice.

I have been advised not to change the payment method from direct debit for any reason,as this could be the equivilent of financial suicide.

I have given 150 pages of documents,including all letters and statements, to a firm of chartered accountants and am awaiting the results.

I will of course keep you updated.

Edited by dummyneedshelp
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