help please with Acendon (as they are known at the moment.)

[bob 3456]

Hi Ell-enn, DX,etc...

Just an update ,

 

nothing much happening here at the moment.

 

Acenden replied to the letter Ell-enn drafted.

 

They are supposedly doing what they call an impartial review of our complaint as we are still not happy which should take them within 14 days .

(whatever that means. )

 

I finally received the SAR this morning

 

,a huge wad of papers around 2 or 3 " thick.

 

Going to have to go through it later.

 

I wasn`t sure what i was expecting to find ,

 

what should be there,

 

in case its missing??

[CosmosBipinnatus]

I wasn`t sure what i was expecting to find ,

what should be there,

in case its missing??

 

I would start with the borrower notes. Is there anything recorded there that you do not remember happening or for which there is no corresponding copy correspondence in the bundle they have sent you?

 

I suggest this because there was one huge surprise (to me) revealed in the borrower notes for my account.

[bob 3456]

Thanks ,still finding time to read through the stuff.

 

Are they allowed to withhold this information no`s 1-7 outlined in the attachment???

[dx100uk]

they never have because they know if that kind of info gets out

they'd go bust.

 

 

dx

[CosmosBipinnatus]

they never have because they know if that kind of info gets out

they'd go bust.

 

I don't know if that's correct. But they don't disclose it, although - if anyone wants to fight this up to the Information Commissioner - I think that anything that is about you the data subject should be disclosed to you.

[bob 3456]

Hi, Is Ell-enn around, haven`t noticed her lately.

 

 

We need some help as we have just today received court papers from the court

and another letter also today from Lightfoots saying they have just asked the court to adjourn the forthcoming hearing with liberty to restore

due to being informed by their clients Eurosail that the account is under review..

 

Considering they did this several years ago when it was Capstone and informed us the case was adjourned as we paid the arrears

but the case must have gone ahead as they obtained a suspended repossession order which expired after 12 months.

(stated we didnt attend ,as we didnt even know it was still going ahead).

They slammed legal /court fees on.

 

So we are very worried they are going to pull a fast one.

 

 

We believe we now have no arrears of actual payments at the moment

 

 

,just their ridiculous fees which they still insist on applying every month.

 

Any advice on what to do, contact the court ???

 

 

Or what have we to worry about. If they apply to adjourn will they apply their court fees onto our account???

 

Thanks Bob

[bob 3456]

Hi I really need help with this please!!!

 

Ive never defended court proceedings before.

Even though Lightfoots solicitors say in their letter we received the same day as the court papers,

saying they have requested an adjournment with leave to renew,

 

the case is still there (due to be heard on 14th Jan) when i log in to the court website using the username and password they provided.

 

Their figures on the claim just don`t add up at all.

 

I dont trust them at all.

 

Help!!!!

 

They have actually applied £120 of our last months CMP to the arrears fees account,

and fabricated a payment shortfall of exactly what we pay each month

which is our CMP + £10.00 extra towards actual arrears ( we have calculated that all actual payment arrears were paid off 2 months ago).

 

 

The rest they are claiming is around £1200 of arrears fees /charges.

 

Anyone please , need advice on what to do next??

[Ell-enn]

Is it possible for you to go to the court office and show them the letter from Lightfoots ?

[bob 3456]

Hi Ell-enn thanks very much for your reply.

Yes we can do that as its only a short bus ride. I don`t trust them at all to have even sent the letter to the court.

Did you read that they took £120 out of my last payment on at the end of Nov to apply to the arrears fee account and only applied 17.94 to the monthly contractual payment. So they have fabricated us to be in actual arrears by exactly 1 monthly payment (they even including the £10 extra we`ve been paying).

We are also worried that we have only just received court papers for a case which is supposed to be held in just over 3 weeks. I thought we are supposed to be given at least 4 weeks notice.

Thanks Bob

[CosmosBipinnatus]

Even though Lightfoots solicitors say in their letter we received the same day as the court papers,saying they have requested an adjournment with leave to renew, the case is still there (due to be heard on 14th Jan) when i log in to the court website using the username and password they provided.

 

This is a stunt to stop you acknowledging service and putting in your defence until it is too late. You must acknowledge service and file and serve a defence. The adjournment will happen at the hearing, unless you do something to defend yourself.

 

Download, complete and send/deliver to the court form N9B. If you have to post it, send it Signed For delivery post.

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n009b-eng.pdf

 

They have actually applied £120 of our last months CMP to the arrears fees account, and fabricated a payment shortfall of exactly what we pay each month which is our CMP + £10.00 extra towards actual arrears ( we have calculated that all actual payment arrears were paid off 2 months ago). The rest they are claiming is around £1200 of arrears fees /charges.

 

Include a witness statement with as much information as you can put together of how you think matters stand, including what you have said here The court cannot normally consider anything that has not already been sent to the court and Lightfoots.

 

Their figures on the claim just don`t add up at all.

 

I dont trust them at all.

 

They aren't meant to add up at all. They have just decided to get some more money out you.

 

We are also worried that we have only just received court papers for a case which is supposed to be held in just over 3 weeks. I thought we are supposed to be given at least 4 weeks notice.

 

It is deliberate. They did the same to me. Get your acknowledgement of service and defence in: that, according to the rules, gives you a further 14 days to write a witness statement. But you will nevertheless have to write it and file and serve it in about three days.

 

Is it possible for you to go to the court office and show them the letter from Lightfoots ?

 

That won't change anything. Lightfoots have asked for an adjournment but that won't actually happen until the hearing. Telling Bob, now, that they intend to ask for an adjournment is merely a trick to make him think that he doesn't need to acknowledge service and file and serve a defence. And it is perhaps also done with the deliberate intention of inflating Acenden's legal costs.

 

Considering they did this several years ago when it was Capstone and informed us the case was adjourned as we paid the arrears but the case must have gone ahead as they obtained a suspended repossession order which expired after 12 months.(stated we didnt attend ,as we didnt even know it was still going ahead).

 

A court hearing ALWAYS GOES AHEAD, even if it lasts two or three minutes (the time it takes to adjourn it). Only a judge can stop a case.

 

You must attend: legal proceedings against a mortgageor for possession of residential premises are the ONLY type of proceedings in which the court/judge CANNOT give a summary judgement (ie without a hearing). See Civil Procedure Rules paragraph 24.3 92) (a) (i)

 

We believe we now have no arrears of actual payments at the moment just their ridiculous fees which they still insist on applying every month.

 

Say that in your witness statement.

 

Any advice on what to do, contact the court ???

 

The court officers can't help you with this.

 

Or what have we to worry about. If they apply to adjourn will they apply their court fees onto our account???

 

They are doing that anyway.

The adjournment may even be a device to inflate the legal costs.

However, if you file and serve a defence, then they are required to comply with the "costs budgeting" Civil Procedure Rules

(the so-called Jackson reforms which have been in force since 1 April 2013):

ie they have to complete a Directions Questionnaire and a costing template called Precedent H, and the court has to send you a copy of that.

 

 

(See Civil Procedure Rule 26.3 [1B])

The costs have to be "proportionate".

 

 

If they fail to do so, the judge can deem them to have NO costs at all apart from the initial court fee.

But if you fail to defend the claim, you do not have any way of not paying their costs,

and as many former borrowers have discovered the sky's the limit when it comes to Acenden's costs..

[bob 3456]

I certainly don`t intend on doing nothing

but have no experience of a defense or what to put in it or word it.

 

 

Its made more difficult on here if i put up what i was going to say on an open forum ,

i wouldn`t be surprised if Acenden read these threads .

Also if the debt is in joint names then do each of us have to defend it seperately ?

 

Besides this the account is still in dispute over charges as far as im aware .

They removed another £200 of fees the other day before they created a fake shortfall

by applying most of our monthly payment to the arrears fee account.

 

Id also point out that this loan is covered by the CCA 1974 and its also a second charge on the property,

we hold around 75 % equity in the property.

(dont know why i mentioned this or if it makes any difference, as it irks me when Acenden refer to it as

a capital repayment mortgage rather than a secured fixed sum home loan)

 

I also went through the total loan statement included in the SAR request i did

and was shocked when it came to £6900 in charges since 2006 ,some are solictors fees etc.

And that doesnt include any interest they`ve applied.

 

I know they have refunded` as a gesture of goodwill` around £2000- £2500 over the years

but still shocking and i cant figure where these charges are hidden in the account.

 

 

Also a lot of double charging with one removed ,

are they pretending to refund charges and leaving one on ,so not really refunding?

[Ell-enn]

If it is easy for you to get to the court office I still advise you to go there with the letter - once they confirm the position we can act accordingly.

 

If they tell you the hearing will still go ahead, we will help you with your defence - that can be done quickly and easily. You can hand in your defence up to a week before the hearing, so don't worry about time constraints.

[bob 3456]

Thanks Ell-enn, my wife is going through tomorrow ,i`ll post what they say.

 

 

Is it worth while saying anything else about the case or do they have duty solicitors we could talk to or is that only available on the day of the hearing?

 

Could someone also explain what capitalised fee means

on the SAR full account statement ,its often next to solicitor fee,

often 3 times for the same amount on the same date with one removed, they dont appear after May 2010.

 

Also in July 2009 there is something odd.

 

 

Most months have between 3 -8 entries , but July 2009 has 65 entries alot just say interest ,

nothing else, with values under a pound???

This doesn`t happen any where else.

[Ell-enn]

The court staff won't discuss details of the case, they can only let you know the status of the proceedings. Duty solicitors are usually only present on the days when possession hearings are taking place.

[CosmosBipinnatus]

You can hand in your defence up to a week before the hearing, so don't worry about time constraints.

 

ONLY IF YOU HAVE ACKNOWLEDGED SERVICE, first, within 14 days of being served with the court papers.

 

but July 2009 has 65 entries alot just say interest , nothing else, with values under a pound??? This doesn`t happen any where else.

 

Totally bizarre. Sounds like back-interest being added. Write and ask them what EACH of the 65 entries in July 2009 is meant to represent.

 

Could someone also explain what capitalised fee means on the SAR full account statement means ,its often next to solicitor fee,often 3 times for the same amount on the same date with one removed

 

Again, you probably need to write and ask them to explain. They are not allowed to capitalise the arrears AND at the same time call them arrears.

[bob 3456]

Cosmos ,i only received the court forms yesterday and when i log in on the court website it says we were served on the 21st December which is tommorow. But shouldn`t we have 28 days notice by law?? Not 24 days.

[CosmosBipinnatus]

i wouldn`t be surprised if Acenden read these threads .

 

I am sure they do.

 

Also if the debt is in joint names then do each of us have to defend it seperately ?

 

No. Name the 1st defendant and 2nd defendant on the one defence form.

 

Besides this the account is still in dispute over charges as far as im aware .

 

You need to say that on your defence and in your witness statement. But you need also to back that up with your own spreadsheet of what you think your account should look like.

 

I also went through the total loan statement included in the SAR request i did and was shocked when it came to £6900 in charges since 2006 ,some are solictors fees etc. And that doesnt include any interest they`ve applied.

 

The charges should be in a separate column because the FCA does not allow lenders to add interest to charges. That's "farming the loan" and not permitted.

 

still shocking and i cant figure where these charges are hidden in the account. Also a lot of double charging with one removed ,are they pretending to refund charges and leaving one on ,so not really refunding?

 

Say all that in your defence and witness statement.

 

Cosmos ,i only received the court forms yesterday and when i log in on the court website it says we were served on the 21st December which is tommorow.

 

There is a convention that says something is deemed to have been served, when sent by post, by the second business day. So that's tomorrow. That's why it says that.

 

Incidentally, I would not bother with the defence thing on the court web site. It will bog you down for days with filling it in, and it is not designed for situations such as yours. Just file the acknowledgement of service - within 14 days - with your defence (form N9B to which I linked) and witness statement (which is just you saying in your own words what your defence is).

 

Cosmos ,i only received the court forms yesterday and when i log in on the court website it says we were served on the 21st December which is tommorow. But shouldn`t we have 28 days notice by law?? Not 24 days.

 

As a matter of interest, who is bringing this claim - SPML, Eurosail, Acenden?

[bob 3456]

It says Eurosail as the claimant

[CosmosBipinnatus]

But shouldn`t we have 28 days notice by law?? Not 24 days.

 

Yes. But, not for the first time, Acenden et al are in abuse of due process. You have 14 days to file the acknowledgement of service and defence; and IF YOU HAVE DONE THAT you should have a further 14 days to file evidence and skeleton argument.

 

Acenden do not want you to be at the hearing because if the judge agrees to adjourn it AND you have not filed a defence, they can inflate their legal costs. That's why Lightfoots say they have already asked for it to be adjourned; that's why Acenden are cutting a whole week off the time to which you are entitled in order to make your response.

 

It says Eurosail as the claimant

 

That's very interesting. Does it say SPML is "joined to" the action, anywhere? Eurosail can't bring a mortgage possession claim on its own.

[Ell-enn]

Let's just establish whether the hearing is going ahead first before getting into defence forms etc. It may not be necessary.

 

Bob did you receive Form N11M with the claim for possession from the court ? if so, this is the form you would return to the court with your defence (if indeed it is needed).

[bob 3456]

No mention of SPML just Eurosail 2007 1NC -PLC.

 

I found this interesting i was reading yesterday but probably already mentioned on here.

Concerns Santander .http://www.ukcolumn.org/article/capitalisation-securitisation-and-fraud-mortgage-lenders

[Ell-enn]

Let's just establish whether the hearing is going ahead first before getting into defence forms etc. It may not be necessary.

 

Bob did you receive Form N11M with the claim for possession from the court ? if so, this is the form you would return to the court with your defence (if indeed it is needed).

 

Can you answer this please Bob

[CosmosBipinnatus]

Let's just establish whether the hearing is going ahead first before getting into defence forms etc. It may not be necessary.

 

The hearing will happen, even if it lasts only 30 seconds (long enough for the judge to say adjourned). Lightfoots have not vacated the hearing.

 

If Bob is to have any chance at all of not paying Acenden's legal costs (or not all of them), he HAS TO PUT IN A DEFENCE. Then the Jackson reforms of the Civil Procedure Rules will help ensure that, if he pays any costs, these have to be proportionate.

 

Bob did you receive Form N11M with the claim for possession from the court ? if so, this is the form you would return to the court with your defence (if indeed it is needed).

 

Bob, you do not need to do anything with form N11M (or its on-line version) if you complete and lodge a form N9B instead, together with a witness statement.

 

Acenden are the last people to be trusted with detailed information about your income.

 

Can you answer this please Bob

 

Lightfoots have not vacated the hearing. So it is going ahead. But, in the hope of persuading Bob not to attend, they have said they will ask for an adjournment (although the reason given doesn't sound like a good reason for inflating Acenden's legal costs).

 

No mention of SPML just Eurosail 2007 1NC -PLC.

 

I found this interesting i was reading yesterday but probably already mentioned on here.

Concerns Santander .http://www.ukcolumn.org/article/capitalisation-securitisation-and-fraud-mortgage-lenders

 

I would write a separate letter to Lightfoots tomorrow, just asking for information about Eurosail's FCA regulation details to be sent to you by return of post.

[bob 3456]

Can you answer this please Bob

Yes Ell-enn , the defense forms.

[Ell-enn]

Cosmo while I understand you are trying to be helpful, can you please wait until Bob has been to the court and established the situation before continuing to post so much information which may be confusing. If it is necessary to enter a defence we will assist with the writing, which incidentally will be on an N11M defence form appropriate for the claim for possession, not a N9B

 

Thanks

 

Ell-enn