SPML / Capstone charges reclaim?

[mustard7]

Thats interesting.. exactly how long ago did you send your original letter?

[joyjoyjoy]

Just a quick note - I sent off my letter recorded delivery at the weekend. It will be interesting to see what happens now.

[mustard7]

I sent mine off a week ago today.

I gave them 14 days to respond... we will see what happens

[mustard7]

Ok, so I have now had a response.

Though it is a standard 'we acknowledge your letter blah blah blah'

They state that they will investigate my complaint and get back to me within 4 weeks.

Question is.. Do I sit back and wait 4 weeks for them to send me a letter saying they think all the charges are fair?

Or, do I take the next step seeing as I originally only gave them 2 weeks to respond in full?

Talking if next steps... What would that be?

[joyjoyjoy]

Good question. I will need to decide the same thing when I probably get the same standard letter. Even if it drags I think eventually I would follow up with court, so they would only be delaying the inevitable.

[mustard7]

So is the next step a letter before action letter?

Anyone with advice?

[joyjoyjoy]

Ok, I got my reply letter yesterday, also giving 4 weeks to "investigate" which they say is their procedure. I think I'm just going to to run with it until it gets to the court. Have you decided what to do, mustard7?

[Shelley181146]

I decided that I was going to pursue SPML as they were the ones that I took the loan out with. The address above is a point of contact they gave me some years ago with a statement, so hence why I used it. Never the less, they received it and got all my information that was requested in my SAR back to me in under a month! The correspondence I have received from them has been headed from 'Ascenden', though.

I make you right Joy, as long as you get what you have requested and in full, then who cares!

All the best,

Phil

 

Not wishing to hijack your thread but I am currently assisting a good friend with her claim of PPI and unfair charges for a mortgage she had through LloydsTSB but was recently advised by them that she should send SAR to SPML and the address they gave her was in Prospect House, Lakeview, Eastfield, Scarborough!!! She enclosed Postal order but hasn't received even an acknowledgement from these creeps.

Any ideas?

Appreciate your help.

[mustard7]

Hi joyjoy,

No, I'm going to send a letter before action letter off next week.

I'm on half term so have plenty of time to sort it.

How about you?

 

I'm almost sure that when Ascendon do reply (which will be longer than their 4 week they say it will take) they will just send out a standard letter saying that the charges are fair and were in the terms and conditions etc.

[joyjoyjoy]

You're probably right. Where is the letter before action so I can have a look too? I sometimes find it hard to find these things on the site.

 

Thank you.

[joyjoyjoy]

You're probably right. Where is the letter before action so I can have a look too? I sometimes find it hard to find these things on the site.

 

Thank you.

 

I found this on the web xxxxxxxxxxxxxxxxwhich apparently is taken from this site. However, can't see it on the site. I'm going to fiddle around with it and send it off. Not sure about time frames though as I'll be away from home soon till middle of July.

Edited June 1, 2012 by MARTIN3030

[MARTIN3030]

You wont find it, as its a very old temp and not even suitable now following the Supreme Court ruling.

I am editing out the link since we dont want further confusion.

[joyjoyjoy]

You wont find it, as its a very old temp and not even suitable now following the Supreme Court ruling.

I am editing out the link since we dont want further confusion.

 

Fair enough, but not being an expert on these things it's hard to know where to turn for advice sometimes. Guess I'll have to find an up to date template elsewhere.

[dx100uk]

the LBA for either CC or bank a/c's will do

 

jut adapt it.

 

its HASN'T got to be a specific format.

 

dx

[joyjoyjoy]

the LBA for either CC or bank a/c's will do

 

jut adapt it.

 

its HASN'T got to be a specific format.

 

dx

 

Thank you. This is useful.

[mustard7]

Just a quick update really.Recieved a letter from Ascendon the other day saying that my complaint is taking a little longer than expected to resolve and that I will recieve a response by the beginning of July.Have you heard anything more Joyjoy?

[joyjoyjoy]

I suppose stalling was always going to be their tactic. No, I've heard nothing yet. It's on hold for me now as I'll be away for the next few weeks but then I will definitely pick it up again. Did you send your letter before action?

[mustard7]

Well the deadline Ascendon gave themselves has now passed and I've heard nothing.

I need to escalate this to the next level.

Anyone offer advice?

[mustard7]

Update!!!!!!

 

I have just recieved a response from Ascendon, the particulars of which are set out below.

As predicted and expected they have said that there charges (on the whole) were applied fairly and correctly, though they have offered me £140

to be returned to me. A huge way short of what my calculations came too.

 

- Firstly, they state that 'In accordance with the statute of limitations, it is not considered appropriate to consider and fees applied to the account over six years ago. They have therefore only provided details for fees applied within the last 6 years'

 

- Unpaid direct debit fees of £25 were applied correctly

 

- Arrears management fees of £50 were applied correctly (there were many of these applied)

 

- Litigation fee of £100 was applied correctly

 

- Early repayment statement fee of £15 was applied correctly

(This was charged 5 times in 2 years - Not once did I ask for it)

 

- Administration fee of £40 was correctly charged (there were plenty more administration fees of £40 and £60, but these were over 6 years ago so these havent even been mentioned)

 

- Legal costs of £900 were correctly applied

 

- Interest on arrears were correctly applied.

 

- Repayment charge of £140 - they have offered £40 back

 

- Early repayment charge of £1026.84 was correctly applied because I didnt give them one months notice.

Utter rubbish! It was this company that forced me into selling the house in the first place and they were fully informed through all stages of the sale as at the time there was a suspended repossession order on the house.

 

- Higher lending charge of £1332 was correctly applied as I had borrowed 89% of the house value

 

- Own insurance charge of £100 was applied correcly (However this was applied twice. Once at the start of the mortgage and again in January of 2006. Though the buildings insurance only commenced with them in march 2007!)

 

Therefore they are unable to uphold my complaint and a cheque for £140 will be sent to me in the next 14 days.

 

So,

What happens next? I am not happy in the slightest with there findings. I kinda knew this would come but need serious advice on the next steps.

Any input most gratefully recieved

Edited July 5, 2012 by mustard7

[mustard7]

Oh, just for the record.. unsure where there £140 refund has come from.

They mention returning £40 but nothing about the other £100 in their letter

[dx100uk]

just point out to them too that mortgage under the limitations act is 12yrs!!

 

dx

[mustard7]

I will do indeed dx.

 

My question is though..... of the charges I am trying to reclaim, which ones do I have the right to try to reclaim?

I am rather confused by it all!

What I really need is someone who can guide me in the right direction. Who can advise me on the next steps etc.

[dx100uk]

basically anythng with FEE after it!

 

if you deem it a 'penalty' then it reclaimable

 

most of what you list above are penalties

 

dx

[mustard7]

Ok,

So a cheque arrives in the post today for £140

My dilemma: Do I cash the cheque or not??

 

Nowhere in writing does it say that it's a full and final settlement offer and that if I cash it in that's me accepting it.

 

What should I do?

[dx100uk]

do a spreadsheet so's you know what you SHOULD be getting

 

 

dx