Acenden Repossession Order ** ORDER SUSPENDED **

[Ell-enn]

If there are no arrears then there can be no possesion. Have you been in contact with the lender to explain why you are in arrears and when you expect to clear them ?

 

What date is the hearing ?

[whitsend]

The hearing date is 18th June, Capstone tried to do this once before when I was in credit, they actually sent me a letter stating arrears £0. I only received the letter tonight when I got home, but last time they said it was because my payments were erratic due to being self emloyed the payment dates are always different, they have charged me a late payment fee or management fee every month for as long as I can remember but I have always just added it onto my monthly payment. I did not know they had changed their name again, I thought it was Ascenden now.

[Ell-enn]

. Have you been in contact with the lender to explain why you are in arrears and when you expect to clear them ?

 

 

Can you answer the above please

[whitsend]

No I only got the letter tonight when I got in from work, I will phone them tomorrow.

[stu007]

Hi

 

This is from OFT Public Register and whats interesting is look at there licence status:

[whitsend]

It says their licence has lapsed, how are they trading.

[stu007]

Hi

 

This may also be a useful read it the "Mortgages - Conduct of Business" from the FSA website:

[whitsend]

that could take some going through.

[mercyblue]

This will explain the company structure

2007-1Prospectus.pdf

[whitsend]

Well I have phoned them and they say they have not recieved my last 4 payment £1650. I sent these by bank transfer and these amounts are showing as going out of my account, i have to phone on friday to see if they have located them. Other than that I only owed £196 which is this months as I over paid last month, I paid that over the phone, however they charged me £5 to do it. They said they cannot cancel the hearing, but would consider it, if the payment was found. My bank statement does show details of these payments.

[Ell-enn]

Did you do the bank transfer by internet banking?

[whitsend]

Yep, did it through halifax online

[Ell-enn]

I bet as soon as you send in a defence to the possession claim they'll find your payments pretty sharpish. They won't want a judge giving them a hard time

 

Did you put your account number as a reference in the transaction ? Might be worth checking with Halifax that all the payments went through ok.

[whitsend]

Yep, my account reference was on their, this was set up quite a while ago and they have always received the payments ok before, however when I telephoned them, they said they had no correspondance details or phone numbers for me, as I did not live at the property anymore, I informed them that I did and had to give them all the information again. I have come in from work today to a letter from Lightfoots addressed to the occupier, saying there is going to be a repossession hearing. I have checked with the Halifax this afternoon and they say that the payments went through ok and have not been returned. I go away to China on business in the next couple of weeks, I could have easily missed this and come back to no house.

[stu007]

Hi

 

Just an Idea write to company concerned asking for conformation that the ammount has not been recieved and once you get the letter contact Halifax and ask to speak to fraud team and forward them the letter.

 

If that company are saying they didnt recieve it and the bank are saying they did pass it back to the bank to investigate. (certainly wont look good if bank do investigate and it turns out the company did actually recieve)

[whitsend]

If I phone Friday and they haven't found the payments, I'll ask them to send a letter confirming they haven't received them.

[Ell-enn]

What date do you go away on business and would you be back before the hearing on 18th June?

[whitsend]

No set date yet, provisionaly early June, but I'm going to try to put it off. Do you think I would be better paying the £1650 again with a card until they find my original payments.

[Ell-enn]

There's plenty of time for them to find the payments before you go away, I wouldn't pay them any more money yet. Can you get print offs of each of the transactions you made from your internet banking ? If so, photocopy them and send to them with a covering letter asking why they haven't been allocated to your account.

[whitsend]

Well I phoned them today, offering to fax through bank statements, strangely after contacting their finance dept, they have found my payments and I was informed my account was upto date. However they informed me that they have been charging me per month £5 for paying by bank transfer, £35 late payment fee and £115 for the account being with the litigation dept, and previously to the litigation £85 management fee. I do round up my mortgage from £335 to £550 every month to cover any fees and this is why I haven't gone any further into arrears, but isn't this a bit excessive. She told me the only way to avoid paying a £5 was to pay using their website, and to pay at least 7 days before the 1st to avoid late payment fees as thats how long it takes to get to their account even with instant bank transfer.

[Ell-enn]

So they are cancelling the hearing then ?

[whitsend]

They said they would as long as Junes payment reaches them by the 1st, and that when they did adjourn it, I would be notified by Lightfoots Solicitors.

[Ell-enn]

You don't want it adjourned - you want it cancelled. If there are no arrears then there is no case to adjourn.

[whitsend]

They did say they would adjourn it, not cancel it so that it could be heard again at a later date if any arrears appear on the account. If they do not receive the £335 for June by the 1st they said they will press for repossession, but they did say that they will confirm in writing that they have found the missing payments and there is at the moment no arrears on the account, but she couldn't be sure if they would be adding any more charges this month, and these would need to be paid with my June mortgage payment. I think they want me to have to go to court.

[silverfox1961]

Hi

Once you have sorted their mess out, have a look at the link below (if you weren't already aware of it)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct