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Acendan/spml ....again...... fao Ell-en


dave121
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Hi, nearly finished the statement - am I right in thinking you have made payments in Jan, Feb, March & April ?

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OK, statement affixed - you need to fill in the info at the top and also where I have put xxx's for your name in the part of the statement about the loss of wages for attending court hearings. I have also updated the schedule of payments to show the 4 payments in 2012. You need to print out 3 copies of each - staple a schedule of payments sheet to each copy of the statement.

 

Get to the court early and ask the usher if it'spossible to put your statement in front of the judge before the hearing - if they can't do that then wait till you are in the hearing and when the judge has finished his introduction (don't interrupt him) you should say "Sir, may I give you some further information" and then just hand it over - hand a copy to the other side's rep at the same time. Also, when you get to court ask if there are any duty legal advisers who could accompany you into the hearing.

Dave121 16 April statement.doc

Dave 121 calculations 16 April.doc

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OK, hope you can now finally get this sorted - what time is the hearing ?

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OK, let us know how you get on :)

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And it continues.....

 

It has been adjourned for 4 months while we get a reaction of the FOS.

 

The judge did not read anything as he was switched at the last minute, and said the offer of the cmi plus £50 seemed reasonable and is this ok with me, so i said no, if you could read my statements please...so he read them and asked their solicitor if it was made up off charges, and at last they admit some of it "may be" charges, so the judge said is this lawful?, and the solicitor said i would think so it will be in there terms and conditions...

so at this point the judge was not happy and said pay your CMI ONLY and we will adjourn for 4 months and see what the FOS say....hmmm

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Dave, did the judge say anything about the loss of wages etc ?

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Is this the same doddering judge you got the last time ?

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  • 1 month later...

Acenden have just put another £960 on my account in legal fees even though the court ruling has not been decided yet...T T T

 

Still no Word from the FOS god these guys take forever....

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  • 9 months later...

Hi

 

Not sure whether this is the right forum for my problem, (again!).

 

I have had to leave my job due to health problems, and as such have missed one mortgage payment. We received a letter saying that I had to make the payment or make a repayment plan or SPML will go for repossession. I have written to SPML explaining my position and that I am no self employed and expect to make the required payments to bring the repayments back to date by the end of May. to date I have had no reply.

 

My questions are actually these:

1. If we sell the house would we incurr the £500admin fee to SPML?

2. SPML are adding a sum to the account for admin or litigation fees is this a realistic amount?

3. does anyone know how long it can take from SPML starting re possession proceedings to the actual evition notice?

4. if we do lose the house how long would we get to actually move?

 

Thanks in advance

 

jasperpad

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Did you send your letter to them by recorded delivery? if so have you checked they signed for it?

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Hi Ell-enn

 

I have checked and it looks like the letter hasn't been signed for yet, (15 days from posting), so am still waiting to see if they have received it, so here's waiting.

 

I will keep you updated.

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  • 2 months later...

Hi All

If necessary can this post be placed into a new thread please?

 

I have just received a letter from Acenden saying that “As we have not received an acceptable level of payments, we have instructed our solicitors to issue the warrant for Possession to obtain an eviction date from the court”.

The background to this is that in 2010 I had to go to court for a repossession and won as I had just got a job and was able to make the required payments including £74.00 per month for the arrears. The actual mortgage is just under £703.00 per month.

My wife and I have managed to make these payments and in 2011 I started working for a college teaching on an hourly basis until late 2012 when the hours started to dry up. To this end I had no real alternative but to leave this work as it was costing me money to go to work. To say that this winter was cold is understatement as there were weeks where we had no heating at all, but I digress.

From January this year I have started my own business teaching and I am now starting to get the work in, (I teach first aid) and we are also on pension credits. We are almost able to make the required mortgage payments with a struggle using just the pension credits, but it does leave us short, however with my work starting to pick up and the work that my wife is bringing in we are now starting to make progress. I am sub-contracting to a number of different companies.

I have contacted the DWP and they inform me that they are currently working out what housing benefit they are going to help with.

The arrears are now just over £4900.00 of which about £1500 has been added since January.

Acenden is also charging a management fee of £70.00 each month for the privilege of being unable to meet their demands.

They have asked me to ring them to discuss how I can sort this out, and I have no intention of doing this as they can and have claimed that I have said something that I did not say, so will conduct my communications with them via letter.

My wife and I are both working on making the repayments but due to the winter we have had and the fact that we do not have a lot of “extra” money to buy things like food etc. We are at a loss as to what to do in reality.

I am usually able to sort things out but I know when I need help.

Can you give me any idea of the right way to go about this as I have work all lined up for the rest of June and August with the understanding that there will be work after that.

As has been said a lot of times before by many people any help will be very much appreciated.

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Jasper as you will know from reading this site, once a lender has a suspended possession order they can, and will, move to a warrant for eviction whenever they please, if you fail to adhere to whatever terms the Court suspended the repossession under.

 

In my experience the lender has no particular interest in stopping repossession since it is no skin off their nose - they might get their money back which reduces their exposure to the sub prime market (and you pay all the selling costs), or they do not get granted possession and they add the cost of trying to your mortgage - which they are contracturally allowed to do.

 

When you get the notice of eviction you can apply to the Court to have this stopped and present your case there. You will then get an impartial opinion based on your ability to comply with the terms of your loan.

 

In my (extensive!) experience judges are much more reasonable than lenders, but then they have no axe to grind!

 

As such I am not sure that negotiating with them works - why should they put themselves out?

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I rang SPML/Acenden today (I was very careful NOT to make any proposals or anything that could be mistaken for anything like that!), and spoke with one of their operatives and explained that I will be sending a letter outlining my proposals to catch up with my arrears that have accrued since January 2013.

 

They have told me that my outstanding amount is almost £5000, and I know that in January it was less than £3000.

 

The person state that my arrears had to be cleared and then they will not go for repossession. She also stated that they HAVE to have an income and expenditure from me before they can decide whether they will go for repossession or not.

 

My two questions are:

 

1. 1. If I am able to bring the arrears back to where they should be very quickly (this is a distinct possibility) are they still allowed to go for re possession?

 

2. 2. Do I HAVE to supply an income and expenditure for them?

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