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helpme23

Southern Pacific Mortgages/Acenden - Charges refunded

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Hello!

I am surprised that no customers of Acenden/Southern Pacific Mortgages Limited have mentioned the recent refund of charges from SPML?

 

I have been battling with them for years over what I believe to be overcharges and MANY others have made comments on the forums stating the same.

 

We received a letter dated the 2nd of July from SPML, saying that they have agreed with the FCA that certain charges made between 1st of January 2009 and 31st of August 2012 were "found to be higher than the market norm" and have refunded the difference back to my mortgage account.

 

 

The letter doesn't say what the "norm" is and does not give a breakdown of the amount refunded but it does say it is for Arrears Management Fees and Litigation Management Fees

 

. At the time the charges were made, they were still being added to the arrears balance of the mortgage and therefore several eviction attempts made by SPML were obviously based on unfair overcharges

 

- luckily the court stopped their attempts and I still have the house today (with no mortgage arrears)

- yet I am still fighting charges which at todays date total well over £20k (the majority in legal fees!).

 

 

Anybody else had the same?

 

Any thoughts from anyone on the best way to challenge this?

 

Unsure how they have determined unfair charges between these date yet charges outside of these dates still remain at the same level?

Edited by citizenB
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Hi. I have recently joined this group, mainly as I am interested in some of the recent threads surrounding both SPML and Swift. I also received a letter last week offering a refund of some of the charges. The amount I was refunded is only the tip of the iceberg when I consider what I have paid out. Is anyone else going to challenge the figure offered?

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Interesting, Preferred Mortgages were also ordered to refund charges for the same thing.

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?448939-Preferred-Mortgages-FCA-rule-they-have-to-refund-overcharged-fees(1-Viewing)-nbsp


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I complained about 6 weeks ago (heard nothing so far) about thousands in charges - so I'll write again mentioning this.

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Hi Paulx037,

 

I have been battling with Capstone/Acenden/SPML regarding unfair charges since 2008, 1st. July 2015

 

received a letter from Acenden/Southern Pacific Mortgages Limited, the letter Stated:

 

Following a consultation and agreement with the Financial Conduct Authority they have decided to enter into a formal Scheme to pay redress to customers impacted by unfair fees and Charges on their account in the period between 1st. January 2009 and 31st.August 2012

 

, I was offered £196.57

 

, I refused to accept this pittance from Acenden/Southern Pacific Mortgages Limited

 

I considered this an Insult because Southern Pacific Mortgages already stated they have applied £13.000 of unfair arrears fees in a statement

 

this was then disguised as arrears and Presented to several District Judge

 

over time this attracted more interest causing the debt to spiral,

 

this Firm is having a laugh....my advice to every one who received a letter from Acenden,write a letter detailing

 

This Firm's Failings which resulted in thousands of customers incurring excessive or unfair costs and Accruing arrears that could have been avoided had Southern Pacific Mortgages Limited adopted a more honest and Fair approach to arrears Management the FCA said we should write in to them if we are not satisfied with the Redress, we are encouraged to send our letters to:TRACY McDERMOTT, FCA Enforcement And Financial Crime Division, I have sent My letters of complaint already (send your letter in AS-SOON-AS-POSSIBLE). victory007.

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Hi Helpme23, Regarding Southern Pacific Mortgages/Acenden-Charges Refunded, I also received a letter they are only willing to refund a pittance back to me £196.57p....I consider this an insult because Acenden admitted in a recent statement they applied £13.000 of unfair charges to my Mortgage account, this Firm have no integrity and should compensate 'all' their customers fully, We are Encouraged to write in to the FCA if we are not happy with the Redress, my advise to you....send your letter of complaint as-soon-as-possible to TRACY Mc'DERMOTT, FCA Enforcement and Financial Crime Division thousands have already written in you are not alone, calculate the correct amount do not settle for an insult.... good luck victory007

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hi all

i had my mortgage with spml until 2 years ago. today i recieved a letter from them to say that they had done a comprehensive review of their mortgage accounts with the FSA and have therefore decided to refund some of their charges that the FSA consider to be over the top. They are going to refund the grand total of £51.29 and that includes intrest at 8%. ........ better than a kick up the arse lol

Thought I would let you know so there is a good chance you should all get something back.

Kind regards

Midge


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Strangely enough I have not had a letter from them! I wonder why? Hopefully it's in the post and I can treat it with the contempt it deserves.

 

Victory007 you are so right that it's an insult and that no account has been taken for the spiral of debt and misery they have caused. My advice is to stick to your guns and get the lot back, and more, as the company is unfit and should never have been allowed onto the market. The FSA, FSO and the courts need a severe arse kicking for overlooking them for so long and condoning them.

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I have just rung Acenden to ask why I haven't got a letter!! They stated that they have been told to look into Regulated Mortgages. My Mortgage is Unregulated (WTF) but that is usually for a buy to let or commercial property. So why has Acenden been selling unregulated mortgages!! Anyway I kept on and I said that whether or not yr mortgage is regulated or not the charges are the same. I told them I was still going to try to reclaim these, thru court if necessary, surely a judge would see an unfair charge for one is an unfair charge for all!!. My argument is if the charges were unfair on you (Regulated) then they must still be unfair on Us (Non regulated) What I'd like to know has anyone got details as to how much of a charge they are saying is unfair or what fees are unfair. I think that those of us who have unregulated mortgages need some form of yard stick to measure against. If anyone can help wld appreciate it. Will let you now how I get on.

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Hi helpme23, I had the same letter Acenden/SPML redress for claiming unfair charges: £195.85p yet over time (years) they admitted to stealing over £14.000 from me, personally I consider this an insult, I believe we should 'all' fight this together as a group (Class Action) in 2015. consider me IN. victory007

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Acenden/SPML took us to court, the Solicitor (TLT) presented the wrong financial figures before Senior Judges, all the figures on statements was Not Accurate, the Judge looked at the warrant due to be executed with the unfair charges disguised as arrears and wrongly passed Judgement which resulted in a suspended repossession order, more unfair charges are then applied by Acenden/SPML, to include, unfair solicitors fees, court cost, unfair Arrears Management fees, unfair Litigation fees and the unfair charges disguised as arrears spirals out of control. today in 2015 Lee Brandon-Chief Executive For and on behalf of Southern Pacific Mortgages Limited signed on the 26th. June admitting this to the FCA. then it is abundantly clear. We were taken to court the particulars of the statements was wrong (Not Accurate) therefore we need to be paid back fully. An Application To Request That Requirements Are Imposed On Southern Pacific Mortgages Limited: means we are in a legal position to demand full REDRESS back by law; (We can do this together) GROUP CLASS ACTION do not settle for a pittance....some of us are still suffering financially after losing the family home and 'all' our life savings to Acenden/SPML. victory007

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I have just rung Acenden to ask why I haven't got a letter!! They stated that they have been told to look into Regulated Mortgages. My Mortgage is Unregulated (WTF) but that is usually for a buy to let or commercial property. So why has Acenden been selling unregulated mortgages!! Anyway I kept on and I said that whether or not yr mortgage is regulated or not the charges are the same. I told them I was still going to try to reclaim these, thru court if necessary, surely a judge would see an unfair charge for one is an unfair charge for all!!. My argument is if the charges were unfair on you (Regulated) then they must still be unfair on Us (Non regulated) What I'd like to know has anyone got details as to how much of a charge they are saying is unfair or what fees are unfair. I think that those of us who have unregulated mortgages need some form of yard stick to measure against. If anyone can help wld appreciate it. Will let you now how I get on.

 

 

Don't be fobbed off.....SPML and Prefferred should know what the FCA say which assists them with the definition of a regulated mortgage contract...

 

 

Which borrowers?

 

PERG 4.4.2G 01/07/2005

 

The condition set out in PERG 4.4.1G (1) limits the range of borrowers to whom the protections of the mortgage regulation regime apply to individuals and trustees. If a company (which is not acting as a trustee) borrows money for the purpose of funding the company's business, and the loan is secured by a mortgage over the company's property, the mortgage contract is not a regulated mortgage contract. So a lender will not carry on a regulated activity by entering into that contract, nor will the lender carry on a regulated activity if it advises on, arranges or administers that contract. However, if the lender makes a loan for business purposes to an individual sole trader, or (in England and Wales) a partnership, and the loan is secured on the borrower's house or houses, the contract will be a regulated mortgage contract.

 

so........, it would appear that the term "regulated mortgage" does apply to some buy to let 'mortgages' - that concern 'individual sole traders' - or ( in England and Wales) and 'Partnerships'; by virtue of which means it will be a "regulated" mortgage.

 

This link may assist you move your contention forward:

 

https://www.handbook.fca.org.uk/handbook/PERG/4/4.html#D319

 

 

Apple


[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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I have just received a letter from SPML offering me a refund on my AMF. I am a little worried as my house was repossessed 18 months ago. They didn't know where my new address was, but found me. It started to ring alarm bells. They want my bank details and I am not too sure what to do. Should I contact them. Any advice please

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