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


bob 3456
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Yes Ell-enn , the defense forms.

 

That's what I thought, if you need to enter a defence we will assist with that.

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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

 

Thanks. Have bookmarked it to read more closely later.

 

Cosmo while I understand you are trying to be helpful

 

I have just survived an attempt by SPML/Acenden (starting last May) to repossess me.

I am eager to share what I learned, to help others.

 

 

Bob mentioned that he and his wife have 75% equity in their property.

That is exactly the sort of property that Acenden will do everything it can to repossess.

I had 99.99% equity in my property when Acenden started trying to repossess it.

They failed - I have redeemed the mortgage - but it was an extremely close-run thing.

 

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

 

I have used the N9B three times in the same proceedings (they tried and failed to make an application to strike out my defence)

to defend myself against SPML/Acenden. There is no reason at all in a case such as this to use the N11M.

 

It is up to you, Bob, to do what feels right for you.

I know that I did what was right for me.

I do not give advice,

I just say this is what I did and would do again.

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The N11M form is sent from the court with the Claim for Possession, it is entirely the right form to use which is why it is called the Defence (Claim for Possession) Form.

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The N11M form is sent from the court with the Claim for Possession,

it is entirely the right form to use which is why it is called the Defence (Claim for Possession) Form.

 

Yes, I was sent this too. I completely ignored it and, as I say, used an N9B - Defence and Counter Claim for a specified amount - instead. Bob's counter claim would be his own spreadsheet and witness statement.

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Interesting development today ,

Hi Ell-enn,

My wife visited the court today with those letters . They said that Lightfoots had been on the phone and we had to ring back later, case adjourned but unsure about their Liberty to restore acenden /lightfoots talked about or whether we will have their £250 court fee added to our account , as they have already applied a £90 solicitors referral fee on a fortnight ago. I dont see why we should have to bill that when the case shouldnt have even been started .

 

More details in this letter received today by Acenden. Which is the answer to the letter you kindly drafted for us . They even admit to taking £120 from our last months payment to apply to the arrears fee account because we paid too early (4 days) and ask us if we would like this returned to the main mortgage account.. They have done this with our monthly payment several times so far.

 

They also go on about the loan being sold to Eurosail in 2010 from SPML and anything before that date isnt their responsibility (giving an address in yorkshire for ```South Pacific -In Liquidation``` Are they serious and can they shun all responsibility for any charges etc..... before 2010.

 

They even mention us being in £17.50 in actual arrears at the time of the legal action. This is wrong as previously stated as they seem to forget about the ten pounds extra we`ve been paying for 18 months and 6 x £20 payments made to clear two missed payments totalling just under £260.

 

Where should i go from here ,i havent even started thinking about the PPI ,which i found is from a company called Sterling or other charges and also any interest on charges.

They say our arrears stand at £600 now whether we ask them to put back the £120 or NOT (how does that add up) .

They removed another £800 in fees as well.

 

Thanks Bob

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They also go on about the loan being sold to Eurosail in 2010 from SPML and anything before that date isnt their responsibility (giving an address in yorkshire for ```South Pacific -In Liquidation``` Are they serious and can they shun all responsibility for any charges etc..... before 2010.

 

As this document on the Irish Stock Exchange web site makes clear, telling you to write to Yorkshire etc is a red herring [also attached below]

 

http://www.ise.ie/debt_documents/Mortgage%20Funding%202008-1%20PLC_10384.pdf?v=1382015

 

See the diagram on numbered page 1 that shows the Southern Pacific Personal Loans were sold to SPML and then securitised to Eurosail.

 

 

Capstone (later Acenden) has been the administrator from the outset (before March 2008 because they have always been SPML's mortgage administrators), by contract.

Lightfoots have been involved from the outset, too.

 

Eurosail would never have tried to contact you themselves because they pay Capstone/Acenden to do that.

 

This is the results page for Eurosail on the FCA Register web site

 

https://register.fca.org.uk/shpo_searchresultspage?search=Eurosail

 

Eurosail cannot bring mortgage possession legal proceedings in its own name alone.

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I don`t understand these things.

 

 

you and me alike - as I suspect most other subscribers to this thread too

 

 

I wish some members would take their pers campaigns to their own threads.

 

 

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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From my lack of knowledge and total ignorance, they may be unable to lend money but that doesnt mean they cant own money or assets or take court action. But i understand that its highly confusing and after looking at all these companies with their parent companies on companies house i cant understand how they are even allowed to operate.

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Hi Bob, to get back to the point. Did the court tell your wife that the hearing in January had been adjourned and you did not need to attend ?

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Hi Bob, to get back to the point. Did the court tell your wife that the hearing in January had been adjourned and you did not need to attend ?

Hi Ell-enn,

My wifes is even less clued up than me ,

but they did say it was being adjourned and that we would receive a letter confirming this.

You`ve got me worried now on the `need not attend` bit??

 

If the court has said it is being adjourned

does that mean there is nothing happening to attend???

We can always give them a ring to be clear??

 

What exactly does ` generally with leave to restore `that Lightfoots say in the letter we got from them ,mean??.

 

It isnt a sneaky way of getting some sort of Suspended repossession order

,or is that only possible if the case went ahead.

Thanks Bob

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Hi, the leave to restore means that they can apply to the court at any time to have the case listed for a hearing but you would be advised of this in writing by the court. They would not be able to get a suspended possession order unless there was a hearing and you would put in a defence to that.

 

Wait till you get the letter from the court confirming what they said to your wife.

 

Try to take a break from this and relax over Christmas, there is nothing we can do while everyone is closed for the holidays.

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Thanks Ell-enn, this has certainly affected us more than usual as Christmas is a hectic time

and these companies seem to enjoy adding pressure at this time of year in the hope that you will give in to their demands.

 

Should i write a letter to Acenden asking them to put that £120 back where it belongs

as they have created an artificial shortfall by doing this

and we are worried they have done it again this month with the payment we`ve just made.

 

Thanks Bob

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It won't do any harm to write telling them to allocate your monthly payments to the mortgage account and not to split it to put anything towards the charges, as you believe this to be unfair.

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You're welcome :) Let us know when the letter from the court arrives.

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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,

the letter arrived see attached with them granted liberty to resotre within 12 months.

I dont see why they should be granted this 12months liberty.

 

And why does it say not attending for us, as we weren`t asked to attend anything.

 

 

They have also sent us a N244 form as they suggested we could make an appointment with the judge if we weren`t happy, Costing £50.

 

Thanks Bob

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You might do better to spend that £50 on a solicitor. It is clear that DDJ Bell is unaware that CPR 24.3 (2) (a) (i) means that a judge cannot make a summary judgement like this against you:

 

24.3 (2) The court may give summary judgment against a defendant in any type of proceedings except - (a) proceedings for possession of residential premises against - (i) a mortgagor;

 

In my view, this is to prevent your making a successful complaint to the Financial Ombudsman Service (they won't usually entertain a complaint where legal proceedings have already started). Look back at your correspondence: you received the response to your SAR on 9 December 2015, and at the end of the covering letter Acenden tell you that you have six months in which to complain to the FOS; but only 10 days later they start legal proceedings which they immediately adjourn, with this judgement, although these proceedings are the only type of proceedings in which this judgement cannot be made without a hearing.

 

Good luck. You will need it.

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  • 1 month later...
Acenden have changed address and are now have a website under Capstone again!!!!!!!!!!

https://companycheck.co.uk/company/05381786/ACENDEN-LIMITED/about

 

They certainly haven`t informed us of any address change !!

 

CompanyCheck has been duped. That domain name was registered on 18 March 2014 by someone called Craig Audley, using an address that is presumably his home address, Holt (near Norwich). It looks as if he intends to be a loan adviser (without knowing that the FSA is now the FCA). I suppose that he hopes people will associate him with Capstone, and if Acenden or anyone else didn't register the intellectual property in the name Capstone I guess he might get away with it.

 

Looks as if he intends to "help" people make PPI claims but doesn't mention that the government is considering putting an end to all that in 12 months time.

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  • 2 weeks later...

Hi.

Ell-enn are you around , we received a letter today from Acenden,

 

 

i response to our on going complaint .

As stated earlier in this thread ,

Acenden helped themselves to £120 of our monthly payment in November 2015

shortly before court action (their excuse was we paid 5 days early)

,they applied this amount to their so called default fee account.

 

I was under assumption that according to the FCA monthly payments must be applied to any payment shortfall

before addressing any arrears fees or charges???

 

In a complaint about this Acenden said they could return this to our capital account

to be applied correctly , they are now saying that they cannot do this!

 

They also state in response to my complaint

(about the arrears charges which were the subject of court action, consisted entirely of fees/charges),

that any litigation action is based not just on any missing payment arrears

but on a combination of any missed payments and the charges.

 

 

Is this right ,sounds like nonsense from what im led to believe after reading these forums.

 

Also if you have made a complaint to the FOS ,

do you still make complaints to the company as they are doing other things at the moment which are downright illegal.

 

They also keep stating that any complaints regarding the account prior to 12th Nov 2010

can not be addressed by Eurosail (present owners ) but must be dealt with by Southern Pacific (original owners) ,

 

 

is this correct ,

i would expect if Eurosail now claim to own the debt then they are responsible for the whole agreement term.

 

The loan is a second charge, regulated under the consumer credit act 1974.

Thanks

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Hi, I saw this but was waiting to see what/if anyone else said by way of reply.

 

MCOB 12.4.1BR26/04/2014

 

When a customer has a payment shortfall in respect of a regulated mortgage contract, a firm must ensure that any payments received from the customer are allocated first towards paying off the balance of the payment shortfall (excluding any interest or charges on that balance).

https://www.handbook.fca.org.uk/handbook/MCOB/12/4.html

That's for a regulated mortgage contract, and I am trying to find something similar for your type of loan.

 

In a complaint about this Acenden said they could return this to our capital account

to be applied correctly , they are now saying that they cannot do this!

 

Saying one thing and then the complete opposite is not treating you fairly. They are required to treat you fairly.

 

They also keep stating that any complaints regarding the account prior to 12th Nov 2010

can not be addressed by Eurosail (present owners ) but must be dealt with by Southern Pacific (original owners) ,

 

Refer them to the prospectus which makes it completely clear that Acenden administers SPML-originated mortgages and always has done (formerly as Capstone).

 

As you know, a large part of Acenden's modus operandi is to make people feel there is no escape and give up the will to live. Just keep imposing your reality on them.

 

If the court action is "live" - ie if they have instructed a solicitor to start legal proceedings - it is improper for Acenden to contact you directly (not through the solicitor).

 

Also if you have made a complaint to the FOS ,

do you still make complaints to the company as they are doing other things at the moment which are downright illegal.

 

I have thought about doing this but not yet done it myself: I think you could submit new, separate - "stand-alone", as it were - complaints.

 

Acenden helped themselves to £120 of our monthly payment in November 2015

shortly before court action (their excuse was we paid 5 days early)

,they applied this amount to their so called default fee account.

 

I think this is completely illegal.

 

You could try this case law on them: Peters v Anderson [1814] Eng R 418; (1814) 5 Taunt 596; 128 ER 823 in respect of the allocation of payments made where there are debts relating to more than one account. Ie your loan account and Acenden's so-called default fee account.

 

A person who is indebted to another on two several accounts, may, on paying him money, ascribe it to which account he pleases.–and his election may either be expressed,-Or may be inferred from the circumstances of the transaction.
Section 24a of the Theft Act 1968 creates an offence of retaining a wrongful credit.

 

http://www.legislation.gov.uk/ukpga/1968/60/section/24A

 

24A Dishonestly retaining a wrongful credit.

 

(1)A person is guilty of an offence if—

 

(a)a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;

 

(b)he knows or believes that the credit is wrongful; and

 

©he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.

 

(2)References to a credit are to a credit of an amount of money.

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