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    • I am being harrangued for a debt I don't owe whilst in hardship by EDF, who was given this household's supply by OFGEM when it closed down several small companies in 2019. Unbelievably, this is happening during cold months and a full strict lockdown!   I consider that this is a crime on several counts: 1) fraud by nondisclosure, as per 2006 act: that free energy exists and that patents have been suppressed to help us use it, thus giving the illusion that energy can only be supplied by for profit companies (the same is true of water), when it is a naturally occurring, God-given free resource which has been harnessed and sold back to us, and it's hard to avoid or find alternatives 2) the energy industry is a form of modern slavery as per 2015 act, holding us in lifelong custom: something we need, can't easily find an alternative from or not use. This supplier took over without consent or knowledge or warning and will not relinquish me without paying them; but the amount grows as they continue our abusive relationship 3) as utility acts such as the 1989 and 1990 clash with inalienable natural Common Law and the Universal Declaration of Human Rights of 1948 and various other laws, some to be listed anon, that the so-called powers given to energy companies to gain money and bully are not lawful 4) removal of energy takes our rights (as in the UDHR) to eat, wash, be warm, work, communicate, and have leisure and enjoyment. Particularly, it can cut those off who rely on the internet and battery operated phones, thus making them vulnerable, and causing a snowball effect 5) cutting off, or the fear and bullying around doing so and 'recovering debts', causes mental and physical suffering, as well as great inconvenience and loss. a) These are recoupable in monetary terms of the claimant (ie customer's) choosing b) this amounts to constructive demise or manslaughter  - including attempt and conspiracy to commit this serious crime (attempt and conspiracy apply for all the others below) 6) asking for money in a way which is upsetting, intimidating or distressing is another criminal offence under the Prevention From Harassment act of 1997 - and most debt demands fulfil this, and are not incidental, but designed to cause fear in the way they are worded, in the design of the 'red, urgent' envelopes, in the vagueness of who and where the collector is, offering a generic phone number; bluffing about their powers and a warrant; coming to the door with hand delivered envelopes to embarass in front of household members and neighbours; and the way they appear at your door to actually collect or tamper with supply 7) There is Aggravated Trespass under the criminal justice and public order act of 1994, where if you have given written notice that implied access to your property (I include remotely, in the case of smart meters), to enter the premises (including outside areas) without written permission and especially with ill-intent, is a further summary, ie imprisionable offence 8) this is also exhortion and blackmail 9) it is an aggressive sales technique, no different from drugs barons and loan sharks 10) a prepayment meter is just another way of forcing debt repayment, and as the customer doesn't set the amount, if they do not have resources they are still left without power and heat 11) this is closely related to the data and surveillance and weaponised energy of 5G via smart meters, and so this is a) espionage b) mass experimentation under the Nuremburg code of 1948 c) biowarfare 12) it is also breaking and entering, if they force or pick locks 13) any physical abuse has other crimes - such as battery, grevious bodily harm, assault 14) lying or tricking to gain entry is also a crime 15) their involving your neighbours breaks confidentiality, such as asking about you, getting them to let them in. This is against their industry code and 16) during lockdowns and other restrictions related to covid, they break the coronavirus act 2020. Utility workers are only classed as keyworkers when they are keeping a supply running and safe. They are not permitted to work or travel to harass and cut off - this is especially reprehensible during an extended pandemic when so many are anxious have weakened immunity, and financial difficulties. When most of us are not meant to see loved ones, especially indoors 17) if the operatives are masked - this includes a locksmith or any enforcement with them - this heightens the offence as, despite covid guidance, it is done with criminal intent and knowingly a) makes them look sinister, thus adding to fear of the customer b) hides their identity and obfuscates justice 18) any persons involved, including administrators and the judge who created any warrant 19) to exaggerate one's legal powers is also an offence   Furthermore, utility companies send out - and sell out - debts and debt collectors who have no knowledge of the communications between the company and the customer; such as whether they are misbilled, or even the right person. I also believe that poor service, such as being ignored or bullied, means a rebate on the 'bill'.   The ombudsman have consistently exacerbated and failed to put right, and OFGEM's policies have added to this too.   We need to take the power back into our hands; to choose our energy source and provider; to harness free, safe energy.   I am putting EDF staff on notice for all these.   Has anyone else had any similar trouble for this, especially in the last year? I would like to know the extent of the problem   I am considering class action. An expression of interest in no way commits you, especially financially.   You may be interested in my piece at https://elspethr.wordpress.com/2020/08/22/expulsion-from-the-garden-its-time-we-took-our-energy-back/, via which you can get in touch  
    • No, there is no ombudsman for this kind of thing. It's a huge industry with a lack of regulation which is why it broadly speaking does what it wants without a lot of regard for customers. You haven't addressed the question which I put to you in my last post.
    • Hi - email submitted.   After some sleep (4am wake up yesterday - loooong day) I redrafted email to be a bit more readable whilst clearly stating the points above but being less aggressive/rude 😳    Being very tired I briefly considered just getting the repair and compensation (if they offered) but after some sleep and in the light of day I saw some further damage to the piping (minor, but there) on the same bit of arm so promptly hit send on my email! My sister also told me of her friend who had a whole host of problems trying to get damage on delivery fixed so I’m definitely not going down that road. I’m going for a replacement.    Will update as soon as I hear anything.   Thanks
    • DX - regarding the t&c- do you mean the bit at the very bottom that says "this agreement incorporates t&c set out in the long form version" ?   ill take this up with them in mediation, got nothing to lose   Just so i understand, that signed agreement isnt actually the t&c ? that should be included too? im looking online for the actual govt guidance, but the OFT has shut down and the consumer regualtion guidance doesnt actually mention t&c as far as i can see
    • Thanks Andy. The judge made a big deal about the costs and spend a good 15-20 minutes making sure they had covered everything. 
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      • 33 replies

Reclaiming PPI & 'fees' on old Capstone SPML mortgage


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Back in 2005/6 Ocean Finance arranged a large mortgage of about £400k for me.

 

In late 2007 I was lucky to sell my house & payback Capstone/SPML. Just before they repossed it.

I still have all the paperwork.

 

Am I right in thinking I can reclaim all the charges payed to Capstone SPML.

which amounted to a lot including court costs etc , & about £25k early repayment fees,

also are they known to have included PPI in with my monthly payments, & if so can i also reclaim that.

 

Any help & advice you can give me would be gratefully received. Thanks

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you can certainly reclaim the PPI

 

cant see why not on the fees too

 

have you got all the statements?

 

if not time for an sar

 

several links below to re

 

call if you need help.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you DX100UK

Yes I do have all the Statements, Where do I start to reclaim my fees/charges & how do I calculate how much to claim.

Thanks Tudorwin

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there is info below

 

might be an idea t type in

 

reclaiming mortgage ppi

 

in our search top right

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

how is this going?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 5 months later...

Hi I am new here ,

 

Back in 2005/6 Ocean Finance arranged a large mortgage of about 400,000 pounds for me.

 

In late 2007 I was lucky to sell my house & payback Capstone/SPML. Just before they repossed it.

 

I still have all the paperwork.

 

Am I right in thinking I can reclaim all the charges payed to Capstone SPML.

which amounted to a lot including court costs etc.

 

Also are Capstone/SPML known to have included PPI in with my monthly payments, & if so, can i also reclaim that.

 

I also paid about 25,000 pounds early repayment fees,

 

can I reclaim that back baring in mind they broke our contract 1st by taking me to court.

 

Any help & advice you can give me would be gratefully received.

Thanks.

 

PS If I have posted this in the wrong place,

would you be kind & let me know where it should be.

 

Thanks again.

Edited by tudorwin
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moved to the mortgage forum

 

yes you can

but DONT get fleeced and lose +30% + 20v%at + fees to a fleecing CMC

 

do it yourself!

its easy

 

there are numerous threads regarding the same issue sthat you have

 

if you use our search in the grey toolbar up the top

on the right

 

and type in

Capstone SPML

 

you'll see some to read

 

if you need specific help

 

ask your further questions on this thread

 

good luck

 

dx

siteteam

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 8 months later...

Hi I know i have not been on this site for a while, I have been abroad.

 

I have read some where i can reclaim all my unfair charges back from SPML.

 

Have I left it to late baring in mind the dates I have enclosed below.

& most inportantly is it possible to claim back the £24,439.75 early repayment charge.

 

MY UNFAIR MORTGAGE CHARGES

DATE AMOUNT WHAT

2/6/06 £25 unpaid d/d

4/7/06 £25 unpaid d/d

31/7/06 £50 arrears management fee

31/8/06 £50 arrears management fee

14/11/06 £25 unpaid cheque fee

30/11/06 £50 arrears management fee

8/1/07 £50 arrears management fee

31/1/07 £50 arrears management fee

19/2/07 £15 early repayment statement fee

28/2/07 £50 arrears management fee

13/3/07 £100 litigation fee

30/3/07 £50 arrears management fee

25/6/07 £725 legal costs

31/7/07 £50 arrears management fee

31/8/07 £50 arrears management fee

23/9/07 £190 early repayment & deeds release charge

23/9/07 £24,439.75 early repayment charge

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I doubt you can get:

the ERC [ but type in ERC reclaiming in our search grey toolbar top right some you CAN]

litigations costs

legal costs

deed release

 

with the rest that is left , hardly worth it?

 

you need to go read up about crapstone

there are many lengthy threads on here

that might help

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 4 years later...

Mortgages forum

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Back in 2005/6 Ocean Finance arranged a large*mortgage*of 399,000 pounds for me.*

In late 2007 I was lucky to sell my house & payback Capstone/SPML. Just before they repossess it.*

I still have all the paperwork.

Am I right in thinking I can reclaim all the charges payed to Capstone SPML.*

which amounted to a lot including court costs etc.

Also are Capstone/SPML known to have included*PPI*in with my monthly payments, & if so, can i also reclaim that.

I also paid about 24,439.75p pounds early repayment fees,*

can I reclaim that back baring in mind they broke our contract 1st by taking me to court.

Any help & advice you can give me would be gratefully received.*

Thanks.

 

I have read some where i can reclaim all my unfair charges back from SPML.*

Have I left it to late baring in mind the dates I have enclosed below.*

& most inportantly is it possible to claim back the £24,439.75 early repayment charge.

 

I did send all my paperwork to a reclaim company called Mortgage claims. They have now sent everything back to me saying my mortgage was mis sold. But because the figure is less than 18,000 they would not be interested in pursuing the claim under a no win no fee basis I do have all the paperwork including all there correspondence with Acenden. Where do i start to claim & what do i claim for.

 

Below are some of the fees i have paid to SPML/ACENDEN

 

Arrangement fee £499

Broker fee £4,000

Procuration fee £9,975

Early repayment charge £24,439.75

2/6/06 £25 unpaid d/d

4/7/06 £25 unpaid d/d

31/7/06 £50 arrears management fee

31/8/06 £50 arrears management fee

14/11/06 £25 unpaid cheque fee

30/11/06 £50 arrears management fee

8/1/07 £50 arrears management fee

31/1/07 £50 arrears management fee

19/2/07 £15 early repayment statement fee

28/2/07 £50 arrears management fee

13/3/07 £100 litigation fee

30/3/07 £50 arrears management fee

25/6/07 £725 legal costs

31/7/07 £50 arrears management fee

31/8/07 £50 arrears management fee

23/9/07 £190 early repayment & deeds release charge

23/9/07 £24,439.75 early repayment charge

 

Thank you all in anticipation of your help.

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Dont use a reclaimc ompany. They said they wont chase it because they want to take at least 30% of it for themselves.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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4 threads merged on the same subject over the years

 

you appears from 2012, if you read from the top of this thread now

to comeback every so often, years apart and ask the same question

but the thread never goes anywhere

the info you need is already contained in posts here read your thread.

 

p'haps this time you'll actually get it done?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you.

dx100uk I did not realize all my messages were kept.

But thing change.

the law changes from time to time.

 

Would not the company Mortgage claims have obtained a sars if so i must have it know as they have returned all their & my original paperwork to me.

 

I am not sure i can do this on my own.

I have the attention span of a goldfish.

 

to my way of thinking if i could at the very least get back the ERC of £24,439 i dont mind paying a company their commission because to me anything is better than nothing.

 

If there was someone on here who could help me step by step starting from page one I would do it my self but as i said my health has deteriorated in recent years & I am afraid i can not concentrate.

Is it possible i could send someone from this site all my paper work & they could tell me what to do next.

Edited by dx100uk
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send it to this thread then everyone can help

 

scan it all to ONE multipage PDF

read upload

 

then we can advise

 

red stuff in post 13 I've done yes

but not sure on the rest

each is by individual circumstances

not sure if ERC can be done now

 

but no harm in trying

did they litigate against you..

 

if you read through all the thread im sure all of these have been already covered more than once.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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