Acenden

[pete42]

Hi All

Well after getting all my statements from SPML/Capstone Acenden lol I requested that my arrears management fees be given back to me. Usual reply that these fees were not unlawful and included in the terms and conditions blah blah....

Can anyone help on the following as have now court papers to take them to court ready to go..

 

1. if these fees have not been deemed unlawful what would the judge have to go on to vote in my favour??

2. Any wording for the claim forms??

 

The arrears management fees were £65 a go and totalling £4000 ish

The mortgage was redeemed in 2006 thank God. They told me that as they onlt have to investigate upto 6 years ago they actually only looked at one of the many £65 fees..

 

Can someone please help with the above. The main problem is I dont know the best way tp word the claims form to the court.

 

Thanks in advance.

Any joy or information I will post straifgt away

 

Thanks

Pete

[Ell-enn]

The Financial Services Authority have made it very clearthat mortgage arrears charges should reflect the actual cost of dealing withthe arrears.

I believe that the Claimant’s charges are calculated toproduce a high margin of profit.

I believe that the Claimant’s charges are unfair underthe Unfair Terms in Consumer Contracts Regulations. These charges are not partof the Claimant’s core revenue, they are incidental to their main business andtherefore they fall to be assessed for fairness. This means that they must beproportionate and that they must truly reflect the Claimant’s administrativecosts.

[dx100uk]

mortgage limit is 12yrs not 6

 

go get em!!

 

dx

[pete42]

thankyou so much for that....A couple of points. On the claim form do i not call them the defendant not the claimant?? And secondly has anyone actually got these arrears management fees back through the small claims court??

 

Thanks

 

Pete

[pete42]

any more help with this please...

[dx100uk]

how many letters

have you sentt hem?

 

dx

[Ell-enn]

Yes they will be the defendant

[pete42]

first one after i recieved all my statements asking for the arrears management fees to be returned to me.

 

Then after they replied saying no as they are not deemed unlawful and they were explained in the terms and conditions

 

I wrote back asking again to which they sent me a copy of their originall letter....

 

Am i wasting my time going through the small claims court???

 

Through all these forums i cant find one that states they were successful in reclaiming arrears management fees through the court.

 

As before what has the judge to go on with a claim like this.

 

Thanks

 

Pete

[dx100uk]

just because smething is in a companies T&C it DOES NOT make them lawful.

 

it would be better if you were to scan up your letters & their replies

 

lets see the state of play and the issues raised & batted away

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites ...

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[Ell-enn]

I think you should send them a letter before action, giving them 14 days to refund the charges or you will issue a court claim. Remind them of the FSA ruling and that they will be required to prove to the court that their charges are not disproportionate or part of their core revenue. You might find that they cave in when they realise you are serious.

[pete42]

Thanks Ell-enn. Ive tried that and got the same response. I really dont know what to do. Hope you dont mind but could you please tell me what to write on the claim form. And once again has anyone got these fees back by going to small claims court. Why have the FSA not fined SPML when they have fined others. It doesnt make sense. Are there brown envelopes flying around????

[pete42]

Please help me>>>>

[Blossomandebony]

This is the sort of Particulars of Claim you could use with adaptations to suit your circumstances. I have sued my mortgage company three times for mortgage arrears charges and each time they paid up before the hearing, ( but only after a lot of bluster about how they would defend the claim)

 

In the XXXXXXXXX county court Claim Number: _____________

 

xxxxxxxxxxxx (claimant) vs xxxxxxxxxxxx(defendant)

 

Particulars of Claim

 

Summary: This is a claim for the return of arrears charges that the claimant believes to be unlawful along with associated interest.

 

1. The claimant has a mortgage with the defendant. Account number XXXXXXXXXXXX. Signed and dated XXXXXXXXXXXXXXX. Original amount of credit £XXXXXXXX

 

2. The loan is subject to the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR).

 

3. The defendant is statutorily bound by Financial Services Authority regulations – mortgage Conduct of Business rules (MCOB) contained in the FSA Handbook, implemented under the Financial Services and Markets Act 2000.

 

4. The mortgage fell into arrears after the claimant fell into difficulty and was unable to keep up the repayments as required by the mortgage agreement.

 

5. The defendant levied mortgage arrears charges against the claimant.

 

6. The defendants also levied further interest on the arrears charges.

 

7. The arrears charges were levied at a rate which exceeded their administrative costs. According to the MCOB rules, by which the defendant is statutorily bound, lenders should not impose administrative charges to customers in mortgage arrears unless those charges were,

 

‘a reasonable estimate of the cost of additional administration required as a result of the customer being in arrears’.

 

This rule is found in MCOB 12.4.1(1): 12.4.1(1): ‘A firm must ensure that any contract that it enters into does not impose, and cannot be used to impose, a charge for arrears on a customer except where that charge is a reasonable estimate of the cost of the additional administration required as a result of the customer being in arrears.’

 

8. Additionally, the level of the charges was unfair because they breach the requirement of fairness contained in UTCCR.

 

9. The charges are also unlawful because they are levied in breach of the defendant's statutory duty to treat their customers fairly, as stipulated in MCOB.

 

10. Furthermore, as the amount of the Charges exceeded any genuine pre-estimate of the damage that would have been suffered by the defendant in relation to the Claimant’s transgressions, the Charges were both punitive and a penalty, and thus unenforceable at common law.

 

11. For these reasons the interest levied on the arrears charges is also unlawful

 

 

In conclusion

 

The claimant seeks the return of unlawfully levied charges plus associated interest – £ xxxxxxxx

This is a true statement of the facts

 

Signed _________________________ _(claimant) Dated____________________

 

BAE

[pete42]

Thankyou so much....I was about to give up.... one final question. I am asking for all the arrears management charges to be reclaimed plus 8% per year for six years (redeemed 2006) I was also charged interest on the arrears on a monthly basis. Do i simply add these up and ask for them also or as Im asking for the 8% per year in lost interest do i leave that . Basically is the 8% reclaiming the interest charged to me.

Many thanks

 

Pete

[Blossomandebony]

Hi Pete42

 

On my schedule of charges - an A4 sheet which lists their charges date by date , specifies what the charges were for and should be attached to the N1 claim ( and previously sent with your LBA) - I simply added the interest on a year by year basis, ending with a cumulative total, and then left it at that. I don't think this is a big issue when it comes to whether you win your claim so I would just estimate what interest they have added to your arrears, then add 8% a year, which represents what you could have made had you kept the charges money in a bank etc, Make sure this is clear on your POC and the front of the N1 claim form.

 

There are all sorts of online interest calculators you could use but I prefer the simplicity of an honest estimate - ( and the interest part of my claim has never been queried).

 

BAE

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

[kelp1]

Hi Pete ive just come across this website, having had some problems with Acendens charges myself. I just wanted to know if you proceeded with your court case and ow it went?

 

Regards

 

Kelly

[pete42]

Hi Pete ive just come across this website, having had some problems with Acendens charges myself. I just wanted to know if you proceeded with your court case and ow it went?

 

Regards

 

Kelly

Hi Kelly. Court papers went off to the court last week so expecting a reply shortly. What problems are you having with the crooks. Pete

[DOTCOM]

Watching this with interest. Having same problems with this company.

[Amber Leaf]

Sorry for the bumpage. Any news on this?

 

I'm in a similar situation, I don't have the patience to go through their official complaint procedure then spend months in limbo waiting for the FOS lottery results so I'm minded to take them straight to court.

[p.j]

any news what happened with the reclaim of charges from these people?

Edited September 29, 2013 by ims21