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    • Indeed.  Should I send them exactly what I sent in my snotty letter?   Or should I ignore/send a "This mailbox is not monitored" reply?  Not sure if a Letter Of Claim counts when it isn't a letter?
    • Many thanks for that, knowing Mark, as I do I think he will take this advise.It does sound to me that there is very little they can do to him. I was amazed even got such a huge credit line when he could never afford to pay it back once he hit the £75k. I have asked him for the lenders etc and will post the details once i get them.   Again thank you all,   cheers,   Paul
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    • I've just had a "Letter of Claim" via email: Dear XXX, Letter of Claim Our Client: Total Parking Solutions Limited Our Reference: XXX PCN Reference: XXX Vehicle Registration: Contravention Description: The Vehicle Exceeded The Maximum Stay Time Contravention Location: Brighton Road Retail Park Redhill Date of Contravention: 18 January 2017 Balance Due: £124.00 We have been instructed by Total Parking Solutions Limited to commence legal action against you in respect of the above unpaid parking charge, by issuing a Claim against you in the County Court without further notice, if no payment or response is received before 20 October 2021. If you dispute this debt, please tell us why so that we can help resolve this matter. Estimated Claim Such legal action may result in you being liable for Court fees, solicitors’ costs and statutory interest which are estimated below.   Principal Debt + Debt Recovery Costs £124.00 Estimated Interest £46.34 Estimate Court Fees £35.00 Estimated Solicitors' Costs £50.00 Estimated Total £255.34 What we have sent you What you will receive in the post are the following: Information Sheet: a sheet explaining what to do next, including how to avoid Court actions. Reply Form: a form to complete and return containing four sections. Income and Expenditure Form: a form to complete and return to outline your finacial circumstances. What you need to do now Payment of £124.00 or your reasons for non-payment are required by 20 October 2021 to avoid the above legal action. If you are unable to pay the balance in full, our client is willing to enter into a payment arrangement which is affordable for you taking into account your financial circumstances. We wish to remind you that in a final effort to avoid the need for litigation, our client is willing to offer you the option of paying the balance via an affordable repayment plan. We have pre-approved a monthly instalment amount of £15.00 which has been recommended considering your estimated disposable income. If you wish to take advantage of this offer, or if you cannot afford this amount, please contact us using the details in the "How to get in touch" section below. Please note that this offer expires on 20 October 2021, after which time your case will be considered for litigation for the full current balance. How to get in touch Online Manage your account at www.bwlegal.co.uk. You can upload your completed reply form and provide your income and expenditure details online. You can also make a payment, set up an affordable payment arrangement and speak to us by webchat. Speak to us or email us Call us today on 0113 487 0430 or email us at [email protected] to discuss this matter with one of our helpful team. By post Complete and return the Reply Form to us at the address at the foot of the letter you will shortly receive from us by 20 October 2021. Pre-action Protocol for Debt Claims This email is being sent to you in accordance with the Civil Procedure Rules Pre-Action Protocol for Debt Claims, a link to which is contained on the foot of the information sheet will you will receive shortly in the post. In particular, we refer you to paragraph 7, which sets out the expectations of the Court in terms of complying with the Protocol. Particulars of debt On 18 January 2017, you were granted a limited contractual licence to enter the land known as Brighton Road Retail Park Redhill ("Site"), which is managed and operated by our client. In return, you were to abide by certain terms and conditions ("Terms and Conditions") which were prominently displayed on the signage erected in situ by our client. On 18 January 2017, you breached the Terms and Conditions - reason: The Vehicle Exceeded The Maximum Stay Time ("Breach"). The Breach resulted in our client issuing a Parking Charge Notice (`PCN`) on 06/02/2017 which, despite our client's attempts to engage with you and agree a suitable payment arrangement, remains unpaid. Statement of account The following summary statement shows the transactions applied to your account since the PCN was issued by our client:   Statement for the period: 18 January 2017 to 20 September 2021   Principal Debt £70.00 Total Payments £0.00 Total Adjustments £0.00 Total Interests £0.00 Total Debt Recovery Costs £54.00 Current Balance £124.00 Our client’s entitlement to the total debt recovery costs referred to in the table above is expressed in the Terms and Conditions, which you accepted upon entering the Site. Such costs are recoverable in any event under the relevant Parking Code(s) of Practice. Warning of court proceedings If payment or a response is not received from you by 20 October 2021 we are instructed to issue a County Court claim without further reference to you, together with applying the interest, fees and costs highlighted above. If payment or a response is not received following a County Court claim, a County Court Judgment ("CCJ") may be entered against you. If a CCJ were to be entered, it would be recorded on your credit file for 6 years unless you pay the Judgment debt in full within a month of the CCJ being entered. A CCJ on your credit file may affect your ability to obtain future credit. If a CCJ were to be entered and you were to fail to comply with the CCJ order, we may apply to the County Court to take further enforcement action which you would be notified of separately. We look forward to hearing from you Our helpful team would like to work with you to reach a solution without the need for Court proceedings to be issued and it is therefore important that you get in touch before 20 October 2021. Yours sincerely, BW Legal bw legal N.B. To opt out of email communication from BW Legal please reply to this email quoting reference "XXX" BW Legal Registered Office: Enterprise House, Apex View, Leeds, West Yorkshire, LS11 9BH T: 0113 487 0430 F: 0333 370 0107 DX 716921 Leeds 39 BW Legal is a trading style of BW Legal Services Limited which is a company registered in England and Wales under Company Registration No: 07966978 Authorised and Regulated by the Solicitors Regulatory Authority under No: 569773 Authorised and Regulated by the Financial Conduct Authority in respect of consumer debt collection under Reg No: 619068 VAT Registration No: 971 8540 92  
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help please with Acendon (as they are known at the moment.)


bob 3456
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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

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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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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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Share on other sites

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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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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