SPML/Capstone/Ascenden

[Jen2603]

Fingers crossed for you!

My complaint is very similar to yours.. though I have tried to deal direct with Ascendon rather than the fos route.

So far they have reimbursed only £140 out of the thousands I believe they owe me.

Similar to you situation I had 'paid off' my arrears within a few months of them occuring but due to them adding charges all the time my arrears balance never seemed to reduce leading to a suspended repossession order and ultimately forcing me to sell my home.

 

 

Hi,

I initially tried dealing with them directly but they responded to my letter by sending out copies of my file and a final response! No

discussion, no offer, no nothing. It's appalling that you ended up having to sell your home and utterly shameful how this company have been allowed to behave. I hope you end up getting more than £140 back without having to go through the fos but if you reach the end of the line with them, don't give up. The more complaints recorded against them the better.

[Jen2603]

Response received from adjudicator. SPML are offering £981 in full and final settlement, which I have declined. Still it's amazing what the mention of the FOS can do. We've gone from there being no possibility of changing my payment date to a changed date and ALL the charges being fair to a concession that some of them were not. Unfortunately they have not made any reference to amending my credit file or refunding interest. Fingers crossed the FOS get's them to put things right.

[Jen2603]

Looking for some tips. The FOS have proved to be fairly disappointing.

1. They are claiming I made a payment offer that I did not in fact make and claiming that as I broke the offer (i never made) it was ok to impose charges.

2.Apparently it is fine to refuse to change payment dates and impose charges because someone can pay but can't pay on the 1st.

3. SPML don't need to amend my credit file as the charges (even those refunded) are fair.

4. The level charges are set at is apparently a commercial decision and are a reasonable reflection of industry costs.

 

They have agreed to refund £1010 in charges plus interest but that's it. I have emailed back asking that the case now be looked at by the Ombudsman. Any suggestions

for getting the rest of the charges refunded.

[dx100uk]

certainly poinout you infact never made a payment offer thats for sure.

 

dx

[Jen2603]

I'd explained I did not make the offer they're saying I did but they just seem to be ignoring it and taking SPMLs word over mine. I'll have some time later in the week to provide them with a fuller response. What I can't fathom is why the FOS seem to be saying that it's OK for lenders to ignore the mortgage code and can apparently set charges at whatever they like despite rulings against other firms for very similar charges.

[kaz320]

FOS often turns out to be utterly useless in these cases and they do not seem to take into account the Mortgage Conduct of Business Rules. It is astounding how SPML is under the impression they can do what they want. The MCOB rules are very clear about how customers in arrears should be treated.

 

MCOB Rule 13.4 includes the statement " A firm should ensure that its written policy and procedures include granting, unless it has good reason not to do so, a customer's request to change the date on which the monthly payment is due or the method by which the payments are made".

 

SPML's reasons is if it changed your payment date it would not be able to add further excessive charges but this is not a good enough reason not to change the date. I think a good option would be to go to court with this.