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    • I've also being doing some reading over the weekend. It appears the law of properties act 1925 does not apply in Scotland (only England and Wales).   "In Scotland an assignation need not be in writing, and intimation is all that is needed to give the assignee a right effective against all parties. Apart from the terminology, the principal differences in England are as follows. Under the Law of Property Act 1925 the assignment must be in writing, the entire benefit must be assigned, and notice must be given to the other contracting party. If any of these elements are missing there may still be an equitable assignment – under which an assignee would typically need to join the assignor as a party to any action under the contract."   So I think the NOA defence is not going to hold up, as Nolans are probably right in what they are saying that their letter (intimation) is sufficient.   So my sole defence is going to be lack of default notice under section 87/88.   Any advice at this stage? I assume costs are still capped at £150 if lose?
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help please with Acendon (as they are known at the moment.)


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Hi,

First post here out of desperation.:sad:

 

We took out a home secured loan around 6 years ago(possibly more ) for £10K to do some home improvements. (initially through south pacific ,is a secured loan the same as a mortgage ?)

 

we are on very low income .

I work self emplyed for a pittance and my wife is now claiming state pension.

 

We missed two payments of just over £120 each a few years back, which we initially were going to pay but they quickly added to the total with arrears management fees etc.

 

we have plodded on despite a drop in income and never missed a payment since.

 

They have sent an advisor out 2-3 times without us agreeing and charging us £90.00 a time.

 

The last time we agreed with the advisor to pay an extra £10.00 a month to help clear the arrears which we have done despite Acendon not acknowledging this offer or agreeing to it.

 

This we have done now for over 12 months.

They continue to add a £70.00 arrears management fee on plus a £5 fee for alternative payment method

(we were advised by the advisor to pay through the bank faster payments system,which we have been doing.

 

We received a letter today stating that the arrears is now

almost £3K and due to the level of arreas they now intend to pass the matter to solicitors unless we pay the whole amount of arrears.

 

Do charges count as arrears in a court???

 

We have missed two payments totaling less than £250 and they have us now owing almost £3K.

 

This matter is worrying me sick

 

. I have to look after my wife who has a couple of illnesses ,but was refused any form of benefit,and i have to work around this,every day.

 

Any advice would be great ful on how to deal with these people.

 

I refuse to talk to them on the phone any longer and only deal with them by letter.

 

Thanks very much

Bob

Edited by honeybee13
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Hi, they cannot treat charges as arrears. Arrears are missed monthly payments only. You should write asking them how 2 missed payments amounts to £3k - send any letters by recorded delivery and keep a copy - also print off the signed for receipt from the royalmail website and keep with the letter in case you need to prove you sent it and they got it.

 

Also you need to challenge the advisor charges if you didn't know they were coming or agree to their visits. If you need help with the letter please let me know.

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Hi Ell-enn,

Thanks for you reply.

 

would a judge treat arrears of £250 and the fees separately??

 

We have actually written to them sometime before the last advisor visit, asking them to explain the charges in detail (and that our actual arrears were only 2 months)

 

they replied several weeks later with a large bundle of paper listing charges etc... (around 30 pages of stuff) .

 

They made no mention that i could see of the arrears being only 2 months payments and seem to class it all as arrears.

 

The advisor who we showed it to couldnt make much sense of it either and even advised us to start a PPI claim against them for PPI that they have added to the loan from the beginning which we didnt ask for and would of been little benefit to me anyway.

 

This is never mentioned in any run down of charges or the rare statements we receive from them.

 

I dont even know if they are charging us for house insurance ,i wouldnt be surprised if they are .We have always had our own from a reputable firm.

 

They did try to send out another advisor a few weeks back from a different firm (i suspect they werent happy with the other ones advice).

 

We phoned and cancelled it but not sure whether they have charged us for that either.

 

So what would you suggest a reply to be to the letter we have just received form them demanding payment of all the arrears???

or passing to solicitor???

 

Or making a payment arrangement (which we thought we were already doing at £10 a month extra on top of regular monthly payment).

 

Thanks Bob

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I would be sending the fleecers an sar

Get all the paperwork they hold

 

The arrears fees. PPI. Extra buildings and contents insurances as well as any other fixed sum fee like letters. Payment method charge are all reclaimable.

 

Sorry but I think they've had you blind as sadly this lot do

 

South pacific ascedon are very well known for fleecing people blind

 

Dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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The PPI reclaim will be in excess of £5000.00 !!!!!!!!!!!!! That I know from experience.

Let alone the late fees, letter fees and visit charges.

 

As DX advised. .......... SAR them.

You owe them nothing. ........ They owe you.

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please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Share on other sites
Hi Ell-enn,

Thanks for you reply.

 

would a judge treat arrears of £250 and the fees separately??

 

We have actually written to them sometime before the last advisor visit, asking them to explain the charges in detail (and that our actual arrears were only 2 months)

 

 

 

they replied several weeks later with a large bundle of paper listing charges etc... (around 30 pages of stuff) .

 

They made no mention that i could see of the arrears being only 2 months payments and seem to class it all as arrears.

 

The advisor who we showed it to couldnt make much sense of it either and even advised us to start a PPI claim against them for PPI that they have added to the loan from the beginning which we didnt ask for and would of been little benefit to me anyway.

 

This is never mentioned in any run down of charges or the rare statements we receive from them.

 

I dont even know if they are charging us for house insurance ,i wouldnt be surprised if they are .We have always had our own from a reputable firm.

 

They did try to send out another advisor a few weeks back from a different firm (i suspect they werent happy with the other ones advice).

 

We phoned and cancelled it but not sure whether they have charged us for that either.

 

So what would you suggest a reply to be to the letter we have just received form them demanding payment of all the arrears???

or passing to solicitor???

 

Or making a payment arrangement (which we thought we were already doing at £10 a month extra on top of regular monthly payment).

 

Thanks Bob

 

A judge would most certainly treat the arrears of £250 and the charges/fees separately and if Acenden were stupid enough to take you to court for £250 in arrears the judge would not be pleased with them at all! I doubt very much if Acenden's solicitors would advise them to go ahead with court proceedings anyway as it would be a complete waste of court time and end up with them getting a reprimand from the judge.

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

 

 

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Hi Ell-enn.

Thanks i hope your correct . So how would i proceed or reply to them??

Do you also suggest sending a SAR request (though i dont know exactly what this and cant they just omit things if they see fit?)

 

 

I also read on another site not to sent a request to Acendon but to Eurosail or someone as Acendon dont actually own the loan.

I cant get my head around this and who im actually dealing with.

 

Thanks Bob

 

p.s Has anyone actually taken them to the small claims court

ie . started a claim themselves rather than them issuing you with proceedings.

Would this be a viable route to reclaim charges etc..

that havent been paid yet but have been applied to our account.

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In the first instance you need to write to them asking for the charges to be refunded and wait for their reply (they will say no of course), then you either escalate your claim to the FOS or take them to court.

 

I have affixed a mortgage charges reclaim letter - read through and put the figures in the places where there are XXXs (1st and last paragraphs on page 1). As always, send recorded or special delivery, keep the postal receipt safe so you can print off the signature from royalmail website and staple to your copy of the letter.

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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You need someone to hold your hand through this, and you need to move quickly.

 

1. Send a SAR (Subject Access Request), including the statutory £10 fee, to Acenden. They have to send you everything they have on file about you. I found that they had made preparatory arrangements to transfer my mortgage to someone else. Completely illegal.

 

2. Start a mis-sold PPI claim IMMEDIATELY. The moneysavingexpert.com forum has a section on how to do this.

 

3. Don't write to Eurosail. Although they are the so-called beneficiaries of the "legal charge" (the mortgage), they won't reply. Acenden are the mortgage administrators. That's all they do, administer mortgages.

 

4. Try to avoid going to court - Acenden know every trick in the book to bankrupt you just with legal fees and so on - and it is impossible to overstate the level of lying by Acenden and its solicitors. They routinely lie to the court, in my experience.

 

Go to the moneysavingexpert.com forum - there are sample letters and other people to ask, there.

 

for £10K to do some home improvements. (initially through south pacific ,is a secured loan the same as a mortgage ?)

 

Not usually. What does it say on the document(s) you signed?

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We can handle it on cag quite OK thank you

 

Dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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We can handle it on cag quite OK thank you

 

I wish that it were not so but the "traffic" on CAG just isn't enough to help the OP, and there is stack of useful information on the MSE forum.

 

Also, earlier you said,

 

Payment method charge are all reclaimable.

 

It depends what is in the contract the OP signed. If the contract says Acenden can make an alternative payment method charge, then they can. They have not always had this in their contracts so the OP needs to see what is in their contract.

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Mostly the stuff you tried to peddle here on your existing thread

Just because mse entertains it

Doesn't mean its correct

 

Dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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In the first instance you need to write to them asking for the charges to be refunded and wait for their reply (they will say no of course), then you either escalate your claim to the FOS or take them to court.

 

I have affixed a mortgage charges reclaim letter - read through and put the figures in the places where there are XXXs (1st and last paragraphs on page 1). As always, send recorded or special delivery, keep the postal receipt safe so you can print off the signature from royalmail website and staple to your copy of the letter.

Hi Ell-enn,

You attached a charge reclaim letter. On it it says late payment fees ,does this need to be altered to arrears management fee?? Also what about charges for field agents and charges for alternative payment method.?

Do i just subtract the actual 2 months arrears payments from the large arrears total and put that in ?

Thanks Bob

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I would just put fees and charges - the total will be all charges to the account, not including the two months payments

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 would be sending the fleecers an sar

Get all the paperwork they hold

 

The arrears fees. PPI. Extra buildings and contents insurances as well as any other fixed sum fee like letters. Payment method charge are all reclaimable.

 

Sorry but I think they've had you blind as sadly this lot do

 

South pacific ascedon are very well known for fleecing people blind

 

Dx

Hi DX100uk,

 

Do you happen to know who i send a SAR request to?

acendon or eurosail-uk 2007-inc-PLC or state eurosail c/o acendon .

 

Acendon seem to have many addresses the one on the letter i received was a post box,

should i use the one on their website?

 

Also which is the best method of payment.

 

id rather not send a cheque.

 

Would a Postal Order be ok??

 

Sorry for all the questions as i am totally out of my depth dealing with these sort of things

but dont want to do anything that will rebound and hit me in my face.

Thanks Bob

 

I would just put fees and charges - the total will be all charges to the account, not including the two months payments

Thanks , also how would i find out if they are charging me for building insurance, as they have never mentioned it to me and no mention on any statements?

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A Postal Order is best - write on the back "fee for statutory request, not to be used as payment on account" - also write your name address and mortgage account number. Take a photocopy of the front and back of the PO and keep safe with a copy of your letter. Send recorded as per post 9 above.

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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Thanks, Should all correspondance we send them be signed ?

Is there anyway of editing the sample letter you attached without typing the whole thing out again, as it wont allow editing in open office,says read only.

 

When making a SAR request do you just put the address of acenden in the letter and your account number,

and will this be sufficient to receive all data they have on this account including when they were capstone and london mortgages etc...?

 

Thanks

Bob

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Hi Thanks , ok got the open office sorted .

Anyone help with some of the other questions.

 

I also have one about PPI ,

this loan was taken out through ocean finance in 2006 ,

 

i assume as a broker for London Mortgages.

Who do i claim PPI from ocean finance,

London Mortgages,

SPL,

Capstone ,

Acendon ,,etc... who?

 

Ive heard it mentioned Ocean went into insolvency

 

i have found a letter from early last year from them (ocean finance & mortgages ltd ,pacific house tamworth)

mentioning PPI mis-selling.

 

Are they the same as the Ocean finance website???

 

Any advice help appreciated as i am unsure about what totals. interest etc.. to claim.

 

Are you allowed to put up a scan of the orginal loan agreement

which help with advice (with our personal names etc... blanked out)?

Edited by bob 3456
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the sar should give you all the details of the PPI

and all the penalty charges.

 

 

read the full sar thread and yes you sign it

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Thanks DX , do i send it to the PO box on the letters they send you or to the address they state on their website which i assume is their head office which has a different post code and isnt a PO box?

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Website

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Share on other sites

I am about to send off a SAR request to Acenden, I have two example templates one on the SAR page and one posted by ELL-enn i think which is two pages and a different format (seems more detailed and specific) . Which one do i use ????

Thanks Bob

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