Acenden/ southern pacific Reapo

[m.m.eflt]

At the moment I am fighting ofrepossession by the big three, ACENDEN/CAPSTONE and SOUTHERN PACIFICMORTGAGES. Since joining this site it and some of you have given mea chance to get back what they have stolen from me. And now im hopingto be a brick wall to them and save my home. So I have sent in the following forms.

 

1: for my mortgage areas charges, Isent a copy to the mortgage and a copy to the county court.

 

2: Application notice N244... Do Ihave to send a copy of this to the mortgage as well?.

 

3: Application for free remission...same with this do I need to send a copy to mortgage?.

 

4: CCA Request letter to my ex-bank Natwest

 

5: Data protection Act 1998 Subjectaccess Request.

 

Im not sure what happens next or if anyone can offer some advice.

 

thanks

[m.m.eflt]

the court date is 19th Jan 2012,

i have paperwork showing how i was diddled? when i bought my mortgae,

they charged me aprox £4000 for a PPI in a one off payment when the money went through.

and then they had the cheek to charge me interest on the £4000 for the next 12 to 24 months.

 

when i was made unemployed i called to Activate the PPI

and was told it was for sicknes only and not UNEMPLOYEMENT.

 

so i fell into probs paying my Mortgage,

 

as the Government have lowered what they will pay now. so i had a company try and get my PPI claim from Southern P

and was told that they had been bought out by Acenden and so it was up to them.

 

but then Acenden say they never sold the PPI so they dont have to pay.

but then Acenden want to reppo my home now on arrears that started from southern P.

 

so you see my prob.

 

this is just a breif of the info i have.

 

if any one can help plz do.

[MARTIN3030]

Will flag this up for you.

[42man]

Ascenden are one of the worst from what you read on here. They want their cake and eat it. They are quite happy to be assigned your mortgage but when it comes to a plainly dodgy PPI policy they take no responsibility for it....You could either enter a counterclaim (are you able to pay towards the arrears). Or you make sure this is highlighted to the judge - would the PPI + the interest clear the arrears ? Eitherway you need to make a repayment plan for the arrears. Do have a read through some of the PPI forums and repossession forums too...

[rebel11]

Hi m.m.

 

Thread moved to correct forum.

 

If you have been mis-sold PPI, you should claim it back. It really doesn't matter what Acenden say. The longer they delay paying it back the more it will cost them. The first thing to do is work out how much it is, get the payment on a spreadsheet to work out the total you are due including interest, c/o ims21 -

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

 

Once you get your figure it you can counter claim. It might be an idea to send a SAR request that should provide details regarding the claim you made, you can show that they did not payout.

[m.m.eflt]

i have got a warrent from Acenden they gunna reaposses my home on the 1st Feb 2012. but i still have a couret case on the 19th Jan 2012 i am trying to fight them of but the force is strong and i am only one man. why is it they wont extend my mortgage to compensate for the shortfall i am left with on my payments from the Guv. they wont pay my PPI which would clear my arears and give me change. how can this be in this time line that corperations can do what they want and law seems to backs them up. baisically as i see it we dont stand a chance to clime the ladder.

[MODERA 29]

Re-Acenden/southern pacific Reapo perhaps we could join forces and share info as I have the same problem with this company,my case is listed for Jan16,they want to charge when you ask fr a breakdown of the charges and a statement surely there must be someone out there with some advice to help

[m.m.eflt]

hi im sorry your in the same crap as me hun but we are not alone. there is over 30.000 peeps in with us and its getting worse. i got a list off my charges from them it cost me nothing. i used a template of hear and it helped me out. im edited if you mail me ill send you more info. but have a good look around this site and ask lots of questions.

Edited January 22, 2012 by MARTIN3030
Against site rules to post email addresses.

[MODERA 29]

thanks,will inbox you asap.lol

[m.m.eflt]

Hi just to giv an up date, ive got someone to talk in court for me. they say i have a good case and should be able to stop the repo of my home on the 1st Feb 2012, Although the repo is based on me being in areas, claim is i was rppied of with my PPI when i 1st got this mortg, and so Acenden/Southern pacific should pay this back which would clear my areas and put some change in my pocket,i have paper work to show this so now the battle is set for this thurs, i have contacted the Ombudsman with all my info im hopeing for a reply b4 the date which would help,

[MODERA 29]

you will win,they are idiots and **edit** dont worry i av just been and the judges can see through them,when you have completed your case try and remortgage

Edited January 22, 2012 by citizenB

[m.m.eflt]

Hi just to let you know i lost the fight in county court on the 19th Jan 2012 with the Acenden. They now take controll of my home on 01 Feb 2012. so as of that day i will be home less. i have signed up with the local council houseing they say they will pay up to £450.00 a month on rent for me if i go private rent. so i sat there amaized and said to the assistant, if you will pay £450.00 rent for me then why can't you pay £420.00 on my mortgage which is Interest only so as to keep me in my own home. untill i find some work.she said sorry its just how it is. So im chaseing this up at the moment ive got 10 days to try and save me home from Acenden. Any help or info is welcome thank you.

[caro]

I've asked for help for you.

[Ell-enn]

Hi, what reason did the judge give for allowing the possession ?

[caro]

3 threads merged to keep the whole story together to make it easier to advise.

[applecart]

Hi Ya

 

It's posts such as yours - that really get me angry - How the hell have they managed to get a full possession - my mind boggles.....but, I am at the same time, sorry to hear about your situation... but it's not over until the 'fat' lady sings.....

 

If I understand what you have posted - you are saying that Accenden own your mortgage?

 

Was the Claim for possession brought by Accenden?

 

Reason I ask is because, Accenden are third party agents - if they took over your mortgage, (on whatever grounds). The Law of Property Act/Land Registration Act are the main pieces of legislation that relates to 'conveyance' to do with land and estates - there is a wealth of legislation that cannot be ignored by lenders on a whim to satisfy their own aims - they should be considering the impact of their processes on the consumer - they should have been 'assigned' the mortgage - as soon as the assignment took place, they should have sent you a formal notice - so that would have the right to being claims against you in their own name....THIS IS WHAT THE LAW SAYS...

 

The name on your mortgage deed is a useful piece of evidencee for you - if they (Accenden) cannot show a court the deed with their name on it - with a copy of the notice that they sent you to conform with at least, the LPA 1925 s.136 - then they have brought a claim against you when they have no legal standing to do so.

 

If Not - who's name was the claim brought in?

 

Your first steps must be to lodge an appeal - the appeal application has to be lodged quite quickly - so if you want to attempt to keep your home - get that in with the court asap

 

With regard the DSS - they are supposed to kick in payments much earlier than the 39 wks that was the case before the recession (errrm, the recession caused by the very companies that are taking your home away, I might add!!!)

 

The lender is supposed to accept such payments and the courts are supposed to accept the status of the economy so that possession is a last resort.... What the heck has happened in your case, we won't know until we dig a bit deeper - but get the ball rolling and let's see what we can do to 'stay' or even overturn the judgement.

 

They are blaggards the lot of them - they deserve all that is coming their way!!!

 

Applecart

[m.m.eflt]

Acenden sent me a letter in 2010 saying that they now own my mortgage. as they are part of southern pacific. all the court papers have Acenden/southern pacific on them. Acenden is not mentioned on any of my sigend mortgage papers. its all southern pacific i think the name Acenden is a Con of some kind. my stumbleing block is that i am out of work. and the DWP are only paying £260 and my mortgage is £420. the fact that i am claiming my PPI from them which they are fighting. is not enough to stop the warrent on the 1st feb 2012. its mad how the guv will pay up to £450 a month on rent for me. and wont pay £420 on my interst only mortgage.

[Gallahad]

MM that is purely because the Establshment want the poor in their rightful place I.E> rental accomodation not owning our own properties. This way they can be stolen and sold by the bankers to pay their enormous bonuses and only the wealthy own property.

G

[m.m.eflt]

basically that i have no income and that there is a shortfall each month. of aprox £140. i am only on £220 a month JSA. i did ask Acenden if they would extend my mortgage so as to lower the monthly amount they said no. I am a quolified RTITB Instructor/Examiner i teach forklift trucks, overhead crane ect, but i dont have my Accreditation with RTITB which would improve my job prospects by 60%. this would cost £700. i asked Acend if they would advance me this amount of my mortgage to help me get the accreditation they said no.

[m.m.eflt]

Yes i can see how they want things in this country. only the rich own homes like you said. but this cannot carry on we the people should stop this from happening. how is that 7 billion people can be ruled and stopmed on by less than a thousand people. when you put all thease top top people who rule the world. all together there is less than a thousand of them. and yet they have such power on this land. why is our guvment allowing this happen so often. acenden/southern pacific have over 30.000.00 holmes in this country that they are trying to repo. and the guv say nothing. i think we should have a one day stike. but i mean the whole country just shut down completely for one day to show that we the people are unhappy. M

[m.m.eflt]

thank you caro. any help will do. as i am not afraid to ask for help. and if i can i will always offer my help.

[m.m.eflt]

Hi. the last battle for my home is tomorrow 10am at a County court again lol. as you know i lost in the same court on the 19th of jan 2012. the Judge let them have there Eviction warrent for the 1st Feb 2012. with posting on here whats hapening with my fight to save my home from, Acenden/ souther pacific. i have now got the last fight as you have seen im fighting to the last second if possible, i am not a person who knows corperate law even some of the common law, But thanks to sites like this one, ive been able to have my own private war with Acenden/southern pacific. tomorrow im using office of fair trading act. Unfair relationships, Enforcment action under part 8 of the Enterprise act 202. parragraph 2.6. section 140B(9).if ive got it right its up to Acenden to prove that the relationship is not unfair. but you must read further as i could be wrong. but im using it Anyway.Allso CC Act 1974 chapter 39 part IX. 136 power to very agreements and securities. seeing as the JSA are paying a national percentage to interst only mortgages. Acenden should adjust to compensate for the shortfall. im also using Time orders section 129 of the Act provides that a court can make a time order.... In adition section 136 provides that an agreement maybe ammended as in Extended. now i did ask Acenden if they would extend and they said no. i asked them for financial help with my accreditation and they said no. like i said im not a leagal minded person im just someone fighting to save my home and will do what i can. And by using the power of the Univers through string theory i have gotten this far. Now if and when they do take my home then as far as i am conerned i am debt free. Dont get me wrong i know they will sell the house at orction. if they donot get the full asking price as what i owe they will come looking for me to pay the balance. well as long as i walk this plain of existance and breath in this now poluted air they wont get a penny from me. and im still going for my PPI/ Charge's from them.

[Ell-enn]

Have you got any representation for court tomorrow - are there any duty legal advisers at your court? pm me the town your court is in pls - may be able to find out if there are any free legals on duty

[Lea_HTH]

Hi. the last battle for my home is tomorrow 10am at a County court again lol. as you know i lost in the same court on the 19th of jan 2012. the Judge let them have there Eviction warrent for the 1st Feb 2012. with posting on here whats hapening with my fight to save my home from, Acenden/ souther pacific. i have now got the last fight as you have seen im fighting to the last second if possible, i am not a person who knows corperate law even some of the common law, But thanks to sites like this one, ive been able to have my own private war with Acenden/southern pacific. tomorrow im using office of fair trading act. Unfair relationships, Enforcment action under part 8 of the Enterprise act 202. parragraph 2.6. section 140B(9).if ive got it right its up to Acenden to prove that the relationship is not unfair. but you must read further as i could be wrong. but im using it Anyway.Allso CC Act 1974 chapter 39 part IX. 136 power to very agreements and securities. seeing as the JSA are paying a national percentage to interst only mortgages. Acenden should adjust to compensate for the shortfall. im also using Time orders section 129 of the Act provides that a court can make a time order.... In adition section 136 provides that an agreement maybe ammended as in Extended. now i did ask Acenden if they would extend and they said no. i asked them for financial help with my accreditation and they said no. like i said im not a leagal minded person im just someone fighting to save my home and will do what i can. And by using the power of the Univers through string theory i have gotten this far. Now if and when they do take my home then as far as i am conerned i am debt free. Dont get me wrong i know they will sell the house at orction. if they donot get the full asking price as what i owe they will come looking for me to pay the balance. well as long as i walk this plain of existance and breath in this now poluted air they wont get a penny from me. and im still going for my PPI/ Charge's from them.

 

Good luck for tomorrow. It's a shame you didn't post up any of the detail of your appeal prior to one evening before the hearing.

 

Some of the information you quote above doesn't appear to be relevant to your particular situation, although more questions would have needed to be asked (had there been time) - e.g. a Time Order is an application that has to be made by YOU, it's not something a court can consider until an application has been made. Courts can adjourn a possession hearing in order for a TO application to be made - but you're way past that as it appears you are having an appeal hearing tomorrow.

 

Is your loan actually regulated by the CCA'74? (If it is, the paperwork will say so.)

 

Did the person who represented you at your appeal hearing not give you any further advice on where to get help with your case? As you are on benefits, you would almost certainly have been entitled to legal aid to help pay for a solicitor.

 

What area of the country are you in?

[m.m.eflt]

hi i did have leagal help from shelta and cab. that was on the 19th Jan 2012. i didnt think to ask if there is a duty solicitor. i will go early and ask. my mortgage is regulated by the Financial Services Authority. im in Crewe,Cheshire, i have been in and out of court fo some time now i try anything to win. the courts might be sick of my name lol.