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    • Sorry about making  a post too early. I should read other consumers forum threads before.  I am doing it now, because they are a lot of similar ones;
    • It already is epidemic. perhaps he meant the next stage ... pandemic.   https://www.cdc.gov/csels/dsepd/ss1978/lesson1/section11.html   media existing to sell newspapers / advertising space / looking to get viewer numbers ... who’d have thought it.   The media has a responsibility to give decent advice : appropriate concern rather than generating panic.
    • Latest update:   He managed to get through to BC before they closed earlier this evening. Last payment of £175.00 was 03/02/2014. Issue date for the claim 30th Jan 2020   Is he skewered? No supporting paperwork?   CCA and CPR waiting to go.   What next?   Thanks   stephenXL
    • Hi,   I'm looking for advice regarding a court claim being made against me by Erudio regarding an old student loan. I've received a claim through the Scottish Simple Procedure process for almost £4000 regarding a loan taken out in 1999. The original loan would have been for approximately £1800 to my best recollection.   I can't say for certain at the moment (will need to call SLC to verify) when the last time I deferred was - it was a long time ago and I've no recollection of sending anything at all to Erudio at any point, nor was I aware that they required a deferment form as well. I had been paying off my other student loans taken out a few years after this one (04, 05 and 06) through my earnings to the SLC even though I was under the repayment threshold at the time, and I've only earned over the repayment threshold for just over the past 2 years. I was happy enough for paying them off in this manner so I had never felt the need to continue to defer with the SLC, and never really paid much attention to the statements sent by Erudio as I'd incorrectly assumed that they would be paid through this manner as well. At this point, I have recently received a letter from the SLC stating that my loan repayments are coming to an end very soon, but it would appear that this hasn't made any payments towards the loan that Erudio have taken over.   I've been reading through the topics posted over the past couple of weeks for and reading about others in similar situations to try and ascertain the best plan of action.   Particulars of claim: (copied directly from the claim, account numbers and monetary values redacted)   Name the issuing court: Edinburgh Sheriff Court   Who Is The Claimant: Erudio Student Loans   Who Are the Solicitors: Shoosmiths LLC   What type of action? (Simple/Ordinary): Simple   Section D1: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between claimants and Student Loans Company ("the Original Owner") dated 22/11/13, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due at the date of agreement, and in particular in relation to the the contract hereinafter condescended upon. The said assignation was intimated to the defendant by way of written notice on or around 22/11/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D$, where we set out the sums due and the basis upon which they fell due. As at the date thereof, the sum due in terms if the said agreement amounts to £xxxx.xx.   Section D4: The said contract agreement between the Original Owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is also regulated by the relevant Education (Student Loans) Acts and related regulations. It is dated 26/10/1999, and relates to a Student Loan Agreement with the account number xxxxxxxxxxxxxxxx. The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to their income , to make payment of the sums due by the way of consecutive monthly installments. The said installments were required to commence in the April following the respondent meeting certain income criteria and were to be based upon a percentage of the respondent's income over the said threshold amount. It was a term of said agreement that a failure to meet any installment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days which failing the claimant would be entitled to demand repayment of the loan in full. On or around 22/04/2019 the respondent failed to make payment of the sum which had fallen due and the said account thereby entered into default. A default notice was issued to the Respndent on 22/04/19. The Respondent failed to remedy the default following upon service of the said notice and the account was terminated in accordance with that notice. The account remains in default. The sum due in thereunder is due and payable now. As at the date hereof, the sum due in the terms of said agreement amounts to £xxxx.xx. In terms of the Agreement, and the written notice hereinbefore condescendedupon, the right to receive payment of the sums due in terms of the said account vests in the Claimant.   Date of raised claim [or court stamp date from writ] :- 23rd Jan 2020   Last Date Of Service [or from form 07]:- 17/02/2020 - this was delivered before then.   Last Date For Response [or from form 07]:- 09/03/2020   What Documents are listed in Box E2:[or in your form requesting the same?] A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Student Loan     BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] I want the court to order the respondent to pay me the sum of £xxxx.xx …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? After 2007, started the course approx 1998, loan taken out 26/10/1999 as per the info they gave me   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- Debt purchaser (Erudio), Shoosmiths LLP   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my recollection although I was aware that Erudio had been sending statements regarding a student loan   Did you receive a Default Notice from the original creditor? Possibly but not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly but not to my knowledge   When was you last payment:- Uncertain, will need to confirm with SLC if payments made towards this loan, no payments ever made to Erudio to the best of my recollection   Why did you cease payments:- Was paying off student loans through earnings, never realised that this one was being treated seperately   Was there a dispute with the original creditor that remains unresolved? Not to my knowledge, SLC had taken payment through my earnings even though I was below the threshold as I hadn't deferred but I was happy to proceed with this.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     From the previous advice given, I'll get the CCA request done and also the CPR 34.14. The amount claimed seems very high and I've got no breakdown of how they have come to this figure. I've also been reading through the threads about how to set out the defence - the PercyPercy thread is of particular interest as there are similarities between the two, as I never gave any paperwork sent to me due attention and have ended up in this situation as a result.   Thanks in advance, and I'll supply additional info as quickly as possible if required.    
    • Hi everyone    I received a ParkingEye claim form today that was issued on the 24/02/2020.   I'm not sure what info I need to upload on a parking charge claim form so I’ll upload the form and wait for instructions.    Any help much appreciated    Andrew      Claim Form.pdf
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Victory007

Acenden capstone spml pml lmc sppl

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Hi, regarding Acenden/SPML/Preferred Mortgages Ltd, I would be very interested in reading the sale agreements that was given to you by Lightfoot Solicitors. Victory007.

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Hi BC2002, Just a note of encouragement today from Victory007...DON'T GIVE UP........... it's a new day, 2015, a new season and a new way of getting our unfair charges back....Then we will 'all' be able to move on and put this terrible financial nightmare behind us....found Sarah's E-mail you can E-mail her, sarah.smith@itn.co.uk Victory007

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Hi ,

 

 

Could you advise how much detail needs to be in the complaint ?

 

 

My case goes back to 2010 and I have been wondering if it is possible to reclaim the fees & charges that have been added to my account over the years. ALso when I was off work due to illness I begged them for help and understanding of my financial position as set out in the FSA guidelines but all they were willing to do was to increase the term of the mortgage and continue trying to repossess my home , it is now going to cost me more to clear the mortgage due to the lack of help offered. I was even accused of money laundering on the day of the court hearing. An arrangement was made for the arrears but the amount of charges added to the account since then has increased the amount outstanding on the arrears so it seams I will never be clear from arrears.

Now that I make the payments on time my credit reference file shows that payments are more then 6 months late which I am unsure if it should reflect how I currently pay my mortgage and not how I used to pay my mortgage , this is also affecting my chance of moving to a high street lender.

 

 

Any advice gratefully received.

 

 

Nic

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Hello Nicuro, My case goes back before 2010 so I have had a long history of suffering...like thousands of us we have been treated unfairly by Capstone/SPML who applied excessive charges disguised as arrears on our mortgage account, that is criminal but they are allowed to get away with fraud....Firms who failed in their obligations to customers should not only expect a huge fine, but they should pay us back 'the customers' who have been disadvantaged by their failings. this Firm Acenden/SPML is a million times worse than Gmac-RFC, DB mortgages, Kensington Mortgage, Redstone Mortgages. the FCA received complaints, Acenden/SPML have been reported but no enforcement action has been taken against Acenden/SPML. YET. I believe if we collect 1,000. signatures the FCA will take action against this firm. I am putting together a Face-book page so we can all meet together and support each other chat and help with information...in regards to payments keep all your receipts, do not communicate with them via phone... they will not speak the truth over the phone, and deny and twist the truth because they are evil...send every copy of document letters by recorded delivery...you will get out of this debt nightmare, we can escape from this nightmare. regarding your credit reference file you can get a copies of your file, tell them your lender failed to disclosed the facts that SEVERAL mistakes was made go ahead call the credit agencies and speak to them they will sort it out for you....Victory007

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Hi, regarding Acenden/SPML/Preferred Mortgages Ltd, I would be very interested in reading the sale agreements that was given to you by Lightfoot Solicitors. Victory007.

 

I found this one that had already been posted on CAG

 

Ben

SPML MSA.pdf


 

Yes Mark, I am Bones

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With regards to claiming back charges from Acenden I'd love to know why the FOS always side with them and say their charges are fair - other mortgage companies have been made to refund charges that have been at the same rate (and in some cases less), but never Acenden - what's going on ?

 

Has anyone ever had charges refunded by them ?

 

I'm in the process of claiming back charges from Ascenden. I've started my claim via Moneyclaim Online, but yet to submit it.

 

When you say the FoS always side with them, how many people do you know have tried to reclaim the excessive charges? Or have they just put a complaint in through the FoS?

 

In my opinion, and through the little experience I have, I believe the only way to get back at them is to reclaim the charges back by following the due process as discussed on these forums and ultimately through the court system. As with bank & credit card charges, I can't see how any court in the land can see them as anything other than unfair & unjust. I have been through some hard times with Ascenden, now its my time to get them charges back. Complaints will just get filed and archived so I don't see the point.

 

Will keep you informed as to how I get on.

 

All the best.


This is only my personal, honest opinion!

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I did get all my charges back but it took 2 long years though the FOS. But it was worth it and I still have things I need to clear up regarding some lies they told and tried to keep concealed. A lost cheque payment, claimed they hadn't received it but on their files it had been received. People just don't want to do the work that's needed. It takes hours and hours and many weeks of getting everything together with a calculator and several requests for information, plus all the letters and lies that all have to be highlighted, copied and sent off.

 

With regards to the annual insurance you can't under insure a building, which is an issue I have with them. Their insurance doesn't cover the rebuild cost of my house which I worked out on a reputable online calculator a while ago. If you under insure they may not pay out anything at all. If you insure a building, you insure in entirety. I'm not sure how you can insure just their part or percentage as a mortgage usually cover the whole regardless of loan to value. I may be wrong but it's just my thought on it.

 

I'm actually paying a lower rate now than I would if I tried to get a High St. mortgage and with all the refunds and some compensation it puts me ahead. They are just evil and so are the brokers that sold them. I guess you can look back and see my posts on SPML/ Capstone as to where I was and what happened.

 

I've been mortgaged with them since 2003 SPML/Capstone/Acenden ..hence my name of Crapstone!

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Oh and they should have been hit hard with fines and closed down. With their fees and reputation they should be long gone.. but me thinks someone of interest must have a finger in the pie and they've gone overlooked as just a small percentage of the market.

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Oh and they should have been hit hard with fines and closed down. With their fees and reputation they should be long gone.. but me thinks someone of interest must have a finger in the pie and they've gone overlooked as just a small percentage of the market.

 

Agreed - I've always wondered why Acenden have escaped any penalties or been made to refund charges by the FOS - might be interesting to find out who's got a stake in them. Mind you, one of the responses from the FOS to someone I'm helping stated that "they found the charges to have been applied to the account correctly in line with the terms and conditions" errrr - they might have been applied in accordance with the terms and conditions but the point is they are disproportionately high and therefore clearly UNFAIR. We've now asked for a review of the decision by the ombudsman............. (breath not being held though)


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Crapstone - did you get all your charges back because you asked for them as they were unfair? did the FOS make the decision that they should be refunded? If so, surely they should be made to refund in other cases.

 

Ell


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Crapstone - did you get all your charges back because you asked for them as they were unfair? did the FOS make the decision that they should be refunded? If so, surely they should be made to refund in other cases.

 

Ell

 

 

Yes...Ell. The fees were judged to be unfair and the account was not handled in a proper manner.

 

 

I did post up a copy of what the final ruling was.

 

 

Acenden are no longer allowed to charge any fees on my account and were warned by the FOS that they would take a dim view if they did.

Everything including interest, fees and court costs were fully refunded.

 

To cut a long story short they were taking insurance payments they were not entitled to, as we already had our own in place.

So the DD was stopped and we paid by cheque instead.

They kept charging for insurance and for paying by cheque.

 

 

Once the insurance issue was finally sorted we tried to set up a new DD but between our bank and Capstone

..it wasn't done and they were both blaming each other.

Of course we were still getting the fees mounting up.

 

As CB says that doesn't make up for the stress caused and other costs.

It almost cost me my relationship.

 

They continually lied and denied receiving one cheque we sent.

 

 

After a number of SAR's were sent to them it came to light they had actually received it and in their notes it said it was 'unsigned'.

If it was unsigned then why didn't they return it, why say they hadn't received it when it clearly shows on their data? It wasn't 'unsigned' at all.

 

 

I'm thinking more likely they didn't sign for it on receipt?

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Before I forget. It went to court and we were ordered to repay arrears on top of our regular payments of £50 per month. SPML were charging us late payment fees and arrears fees that were wiping that amount out. This was also judged as unfair practise.

 

I wholly agree Ell that all cases should be refunded as these fees and the way the accounts are conducted surely top those of ones that have already come under scrutiny.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?297005-Acenden-capstone-spml-pml-lmc-sppl/page3

 

This is what the FOS ruled. I knew I posted it here somewhere. If anyone can make use of it then please do so. I'll happily fill in the blanks to the right people.

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That's brilliant, thanks - I'll have a good read of that.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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hi, I am another victim of acenden , I took out a loan with them 10 yrs ago when they were called southern pacific, nothing but trouble , arrears charge £70,00 a pop, litigation £115 , interest on arrears, third party solicitor fees, if theres a charge they can levy on you they will, they are not sympathetic to self employed , over 10 years they have charged me £2069 , the arrears on my account is very close to this figure @ £2204, my account comes to an end in December, they say my total outstanding balance will be £3684, this is massively inflated due to there unfair charges, the way I see it , 3684 minus charges 2069 =1615, then minus the remaining payments I will be making from april this year till December this year, totalling 1120, brings what I owe down to a respectable £495, but of course they will not see it fairly like I do, so no doubt in December they will attempt to possess my house, unfair , this is realy not humane they have no morals, they have no compassion only greed, please help, hope this post adds to the the other victims of this firm, and together we have a louder voice, thanks, coinking.

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Hi coinking and welcome to CAG.

 

 

Best thing you can do is to start fighting now before any anticipated action is started. Send acenden a SAR and the £10 fee to get all the info they hold so that you can start claiming back the penalty charges. As Lea says, you probably can't claim solicitor fees, but there are plenty of others that you can.


 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Best thing you can do is to start fighting now before any anticipated action is started. Send acenden a SAR and the £10 fee to get all the info they hold so that you can start claiming back the penalty charges. As Lea says, you probably can't claim solicitor fees, but there are plenty of others that you can.

 

Yes, I strongly agree with this.

 

You can help yourself by doing this and then making a formal complaint to the Financial Ombudsman Service.

 

Don't wait: elsewhere on this forum, someone has said that after Acenden finished selling her property there was £47k left over, of which Acenden took ALL BUT £4k of it. Ie Acenden made a profit of £43k.

 

Edited to add: I think the pop-up screen here for Ombudsman is really mis-leading where it says "don't bother". With Acenden, it is worth bothering to complain to the FOS.

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arrears charge £70,00 a pop... and together we have a louder voice, thanks, coinking.

 

The £70.00 missed payment charge is excessive. Even Wonga are not allowed to charge that much. You need to ask Acenden how they justify it - they won't be able to - and then include in your complaint to the Financial Ombudsman Service (FOS) the fact that you asked them and they did not give you the information you asked for.

 

If Acenden are charging interest on penalty fees, they are not allowed to do that. Tell the FOS.

 

People need to forget about "a louder voice" for a campaign. Acenden will not talk to the press and, without a quote from them, the press won't run much of a report. Just spread it on your personal networks - friends, colleagues, your own solicitor - avoid Acenden which has now been bought out of administration by a giant equity group, Blackstone, whose CEO's salary leaves all others on Wall Street in the dust.

 

And do whatever it takes to get out of your Acenden-administered mortgage.

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Because the mortgage is due to end next May 2016!

 

That doesn't mean they can claim more or you have to pay more unless ordered to by the court.

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That doesn't mean they can claim more or you have to pay more unless ordered to by the court.

 

The end of term means they can ask for higher payments and would be remiss if the did not do so in order to draw the mortgagor's attention to the impending doom...otherwise it's a slamdunk when the term ends.

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Add me to the list pm me if you need any info!! I'm about to request a SAR to claim back absolute joke

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Hi just joined in this post Is action still ongoing?

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Yes it is and I am still trying to sort out everything .

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Great Count me in then, thanks

Pam

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Great Count me in then. Also the posting by CosmosBipinnatus user-offline.png when he says they are not allowed to add interest onto penalty carges. How can you find out if they are doing this.

Thanks Pam

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