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    • Hi.   Could you let us have the information requested in the forum sticky please? This will help us to advise you. In the meantime don't worry too much about this.     HB  
    • So last August my girlfriend went to Legoland with the kids (4 & 8) and her mum and then went to Pizza Express in Windsor. They parked at Castle Car Park.    They paid to park and went to eat. They were then a few minutes late back. There was already an attendant issuing a ticket. The attendant then waited until my girlfriend was over ten minutes late to issue the ticket despite her being there well within any grace period.   My girlfriend appealed to Ultimate Customer Solutions end of August but did not receive a response (they later said they emailed a rejection which my girlfriend never received until it was resent). Then in August she received the first debt collection letter. Then my girlfriend was advised to respond to UCS requesting an Subject Access Request (SAR) which they have not ever acknowledged or responded to.    So then we thought they had gone away until we received a letter from CSB solicitors (same address as UCS) advising they would be beginning court proceedings against my girlfriend. I told my girlfriend to complain that they haven't responded to any of our requests so she called the number of UCS and was basically accused of being rude to the t*** at the end of the phone. She wasn't but he wasn't very helpful and said they had responded to the appeal and sent it again. This was on the 16th January 2020.    On the 29th Jan this was sent after another chase to the solicitors:   I have reported UK Parkings ltd to the ICO as they are in beach of GDPR having ignored my SAR request. Further to this I was not notified that my initial appeal had been rejected and therefore cannot further appeal in a standard way and therefore I am awaiting further advice for ways to appeal against this unfair PCN.   As it stands should you decide to further contact me in regards to this matter without good cause I shall be seeking legal advice as per my statutory rights.   My girlfriend then received another letter from UCS threatening debt collectors (I told her not to worry about this) and so she wrote to the solicitors asking for an update:   Email dated 21/02/2020 I am writing to you regarding my email sent on 29th January, below. I still have not received a response from you and I left a voicemail for a solicitor to call me from CSB Solicitors, which I have also not received. I would like to speak to a solicitor regarding this PCN.   The solicitor responded via email the following: Dear Madam,   Thank you for your email.   Following your email below, we reverted this matter back to our Client for their instructions. We will only be able to respond more fully once these are received.   At this stage we have no further instructions other than to send out a letter to you dated 16 January 2020.   We hope to be able to respond more fully once these are received.   Yours faithfully,   Solicitor   So UCS are not actually doing anything they should do but nobody we have complained to has actually come back to us so not sure where to take this because I don't have time for court and I would rather just have someone take the (insert appropriate word here) to task on these unbelievably poor practices!   Any advice on next steps?   Thanks    
    • Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.   The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.   For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/     Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.    
    • They were communicating with lawyers associated to me too   They can’t serve a SD on your lawyers, only you.   As I said earlier - the lawyer stopped communicating  around the date on the SD they incorrectly served.  And the bank told me the receiver was now handling things and not to deal with them anymore.   The receiver never asked me where I was.  But he did email and I did reply or he did get auto reply.   Since I did have email communication with them - I don't think they could say they did everything possible to find me,  All they had to do was ask!  And then we could have discussed the situation.    It almost is the reverse - they did nothing to try find me.  And if a PI is employed to do surveillance then he must have realised only one person - the wrong one - lived at the  wrong address.   Does anyone have any info re post #26 and #28 above?   The property is being marketed for sale and the receiver is negotiating offers, so there was no reason for me to expect bank/ lawyers to be trying to locate me to serve any papers.      Surely any loss to them has to be proven upon an agreed sale.  It hasn't sold yet,   They may still get a high enough offer to prevent any large debt?  There could then be a different discussion re terms of repayment?   So I was not expecting anyone to be trying to find me!   But this is a bit of a digression from what  should I be doing NOW? Should I send them an SAR?  If they do intend to serve me correctly this would be useful, yes?   I am sure they have added all sorts of unnecessary costs to the debt that could be challenged?   Also there is a question over if they even had a valid notice of assignment?  They would have to produce that in the SAR wouldn't they?   This was a real query for me ages ago but it never got pursued legally.
    • Expect them to bring up every communication and claim that you’ve been dodging them / not providing them with an address to serve to.......
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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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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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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.


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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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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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