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Acenden SPML unlawful charges?


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FAO Brigadier or Ell_enn

 

I have received a letter stating that SPML/Acenden is going for eviction due to my not being able to make the proper level of payments on my mortgage and arrears.

 

I spoke with them today and explained that I am going to send them a letter with my proposals. The person I spoke with told me that at the moment they have not got an eviction date yet.

 

I very briefly explained that I was out of work fro January and that since the beginning of April I have managed to make some payments and that I am now on pension credits and am also expecting housing benefit which will go directly to them.

 

They have told me that to stop the eviction they HAVE to have an income and expenditure (do they? am I obliged to give them this?).

 

I have made three payments over the last three weeks of £600 and expect to be able to pay another 300 to 600 before the end of June.

 

But I will only tell them what I can realistically manage to pay which will probably be the mortgage plus (I think) about £90 per month but i do expect to make more payments than that.

 

the other thing they told me was that I HAD to pay the full amount of £4800 +- which I do not have and as such they are charging me the lovely sum of £70 management fee per month for the privilege of not paying the acceptable level of payments.

 

I am at the point where I expect to go to court (second time ...last one was in Nov 2010) so will probably be back to the point where I should have been by then. (hope this bit makes sense).

 

My main questions are; do I HAVE to supply an income and expenditure, and if I manage to bring the arrears back to where they should have been can they still go for re-possession?

 

Kindest regards

 

George

Jasperpad

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Have alerted others for you.

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Well surprise surprise guess what? we got home today to find an eviction notice posted through the door!!! it is dated the 24th June 2013 and according to the notice we have until the 9th July to move out!

 

I contacted Acenden and told them that they are technically in breach of THEIR instruction that I supply an income and expenditure form which I posted yesterday.

 

How legal is the eviction notice if it is not given to me by hand?

 

I have however spoken to SPML/Acenden and they have accepted my proposal and they have cancelled the eviction notice. But as we all know that may well be a put off, so I will be contacting the court each day until I get confirmation that the eviction notice has indeed been cancelled.

 

Watch this space!!

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Jasper, I have sent out some S.O.S on your behalf.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ring the court and check if they have an eviction warrant with that number on it

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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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Ring the court and check if they have an eviction warrant with that number on it

 

Will do tomorrow at 10:00 am when the court is open.

 

I'll let you know what they say, but I am really puzzled as I always thought there had to be a court stamp on it!

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Second post today!!

 

I have looked at the eviction notice and there no county court stamp on it is this right? Everything else looks right though but then I am not legally trained!

 

I've looked at the eviction notice that we got and there is not a "stamp" as such. It is just printed at the top, "In the XXXX County Court"

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Doesn't need a stamp - but if you're worried, do as Ell suggested and call the bailiffs office at the county court in the morning - they will happily tell you if the warrant has been cancelled or not.

 

There is nothing untoward about them applying for a warrant whilst entertaining offers from you and requesting an income and expenditure form.

 

An eviction notice doesn't have to be put in your hand.

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Hi all

 

I managed to speak with SPML/Acenden/Capston and quickly explained the situation and that I have sent a recorded letter setting out my proposals and they have accepted them and the eviction has been quashed. However i still have the suspended possession on my home.

 

SO. The next thing is to carry out an SAR and see exactly what they have been charging me and go for a refund of the charges which with a bit of luck may be enough to clear the arrears and if that happens maybe get the suspended possession removed.

 

RESULT FOR ALL CONCERNED!!!!

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Hi Jasper, have you contacted the court to check they have withdrawn the eviction warrant ?

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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I will be doing that on Monday am!!! they hadn't got the information yesterday (Friday) but we got the letter then.

 

Hi Jasper, have you contacted the court to check they have withdrawn the eviction warrant ?
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  • 2 weeks later...
  • 1 year later...

Hi All

 

I have been going through my mortgage statements from SPML/Acenden and found that when they took me to court and a few other times threatening to evict me (failed every time) I now find that they have added their solicitors costs to my mortgage!

 

I am not sure but surely this is both wrong and unlawful as this would mean that they are charging me interest on their costs! the total amount is in the region of £2500 plus

 

I have also found out that my mortgage was mis-sold to me due to the fact that I was self certificated and no checks were done just a cursory note of my last two months income and also that the mortgage was due after my retirement age 5 months ago (it has 13 months to run) and they are pressuring me to pay more than I can really afford but need to keep my home!

 

I have downloaded the mis-sold templeate but not sure about the solicitors fees as I did take them to court once and they charged ME for their costs even then!

 

I am fed up of being pushed around and want to push back and maybe get some of the unfair charges back for unfair fees (letter sent, and the are taking a hell of a long time to reply) and interest on the arrears.

 

Any suggestions will be very welcome even if its to say I am out of luck.

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Solicitor Fees i don't think are unlawful charges, however you may be able to claim something back... Not Quite sure on that one.

 

I am not challenging the charges as such but the fact that they have been added to my mortgage. this obviously adds interest which is what I think is unlawful, for example if I go to a company and they carry out some work for me and then sends an invoice they are not allowed to add interest as soon as the invoice is sent.

 

There is a point that the actual mortgage contract is created in SPML's favour making it an unfair contract biased in their favour in that if I take them to court I have to pay their costs regardless of the outcome.

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  • 2 weeks later...
  • 2 weeks later...
They are not allowed to add charges to the outstanding mortgage balance. They try this with everyone.

 

Hi. I amnot sure exactly what you mean by this. do you mean the legal cost interest ? or the actual charges against the arrears?

 

thanks for your help it is really good that people are helping everyone as I try to do when I can (not often enough!)

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Hi

 

I have just received a letter from SPML/Capstone/Acenden in reply to my two letters requesting the return of unfair charges.

 

I have read it once and need to re read it again to fully understand their stance, but they have agreed to refund of £515.00 but I am claiming over £2500 including what I believe is really unfair practice in that they have already tried to re possess my home three times and failed each time, and for every legal cost they have applied they have put them onto my mortgage which I firmly believe is totally wrong. this increases their interest which is added to the legal costs!

 

They also state that they are only allowed to go back 6 years, (my mortgage was taken out in 2007), can anyone say if this is right as I do know that in most cases this is correct but think I read on CAG somewhere that this is not true for mortgages.

 

Once I have re read the letter properly again I will do one of two things; 1. post a reply explaining that they have said and if needed 2. upload a copy of their letter.

 

When I sent my claim I included a spreadsheet as downloaded from CAG which works out the amount and the interest so they are under no illusion of what is in reality, owed!

 

I also demanded that they remove the legal costs from the mortgage and send a complete breakdown of the legal costs and their reply was to say that they were unable to do this as this is not their duty. One of the legal costs was due to ME taking them to court to change the date of my payment date and they CHARGED ME for their costs and I will be demanding this be removed too.

 

As for the other parts of this thread I will be joining the few and become a member of the group who want to send a petition in to whoever it needs to go to.

 

Any help with my situation or advice will be very welcome.

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and for every legal cost they have applied they have put them onto my mortgage which I firmly believe is totally wrong. this increases their interest which is added to the legal costs! ... I also demanded that they remove the legal costs from the mortgage and send a complete breakdown of the legal costs and their reply was to say that they were unable to do this as this is not their duty. One of the legal costs was due to ME taking them to court to change the date of my payment date and they CHARGED ME for their costs and I will be demanding this be removed too.

 

Acenden are the most disreputable, unscrupulous company I have ever had to deal with, and you will have to take the fight to them. But be fully prepared.

 

By some clause in the mortgage conditions, they can recharge their legal costs to you. The only way of preventing this is to have it specifically prohibited in the court order.

 

But they are not permitted to add ANY charges or costs to the balance of the mortgage (look up on the web references to unfair contract terms) because, if they do that, then they charge you compound interest on the charges as well as interest on the outstanding mortgage balance.

 

I cannot emphasise strongly enough how well prepared you need to be. Next time you take them to court for a determination on what Acenden should refund you must be the last time. The court order you seek is something like a "clean break" divorce order.

 

When did your mortgage start?

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they have already tried to re possess my home three times and failed each time

 

Are you able to say here why they failed, and does the reason they failed still stand? Does Section 40 of the Administration of Justice Act 1970 help you (harassment)? Acenden cannot keep going to court on the same grounds as they lost the last time until the court gives them the "right" answer.

 

As a matter of interest, in whose name does Acenden make the application to the court - whose name appears as Claimant on the form?

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Acenden are the most disreputable, unscrupulous company I have ever had to deal with, and you will have to take the fight to them. But be fully prepared.

 

By some clause in the mortgage conditions, they can recharge their legal costs to you. The only way of preventing this is to have it specifically prohibited in the court order.

 

But they are not permitted to add ANY charges or costs to the balance of the mortgage (look up on the web references to unfair contract terms) because, if they do that, then they charge you compound interest on the charges as well as interest on the outstanding mortgage balance.

 

I cannot emphasise strongly enough how well prepared you need to be. Next time you take them to court for a determination on what Acenden should refund you must be the last time. The court order you seek is something like a "clean break" divorce order.

 

When did your mortgage start?

 

the mortgage started in 25th May 2007. And the times I was taken to court for re possession was in 2010 and we were given a suspended possession. I will say that I have been a bit late or missed the added amount of £74 per month to make up the arrears. (The mortgage finishes in May 2016). Is ther any rules that say that the mortgage MUST be completed by the due end date? they have pushed me into paying £250 per month more than was originally ordered by the court, this is obviously putting a big strain on my finances as I reached retirement age in January 2015.

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Are you able to say here why they failed, and does the reason they failed still stand? Does Section 40 of the Administration of Justice Act 1970 help you (harassment)? Acenden cannot keep going to court on the same grounds as they lost the last time until the court gives them the "right" answer.

 

As a matter of interest, in whose name does Acenden make the application to the court - whose name appears as Claimant on the form?

 

the name on the Claimant is Southern Pacific Mortgages Limited.

 

By Failing this means that they have not been able to take my house but it has been at a cost due to SPML/Acenden making me pay more than my actual real pension, this has left me having to continue to work as well as my wife having to work too just to make ends meet.

 

there seems to be a lot of weird things going on as in 2012 my interest rate was 4.05% and the amount I was to pay was £706.62 the rare is now 3.56% and the payment is £720.53 any idea why this could be???

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I have re read the letter offering the paltry sum but haven't got to grips with it properly yet. As soon as I am able to I will post a copy of the letter and if needed copies of my letters.

 

Should I refuse their offer and go for the jugular?

 

with regards to the legal costs I will look into the contract as I do know they charged ME when I took them to court and won (minor victory in making them change my payment date from the beginning of the month to the 28th)

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They have an indemnity clause in their terms and conditions which is how they can charge you for their legal costs. As for the changing of the date of payment you shouldn't have had to take them to court because that is also possible via their own terms and conditions (at least it is on the copy I have).

If they flatly refused to change it contrary to their own terms and you were forced to take them to court am pretty sure that would have been against the overriding objective (which is to avoid court action if possible) and as such they wouldn't have been able to invoke their indemnity clause and hence heap any costs onto you. I'm not sure how you could go about this after the event however.

On a wider note these clauses that make the policy holder pay the legal costs is always going to put the holder at a severe disadvantage. This is one of the reasons you see such firms trying to "manufacture" arrears (lost payments and the like etc) in order to get the victim into court knowing that the costs are likely going to be enough to finish the victim.

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