Acenden, Spml, Eurosail, Ge money. Are these all same company?

[cruzhughes]

The fos adjudicator Response was after speaking to the business about refunding charges as a goodwill gesture they offered around £600 worth of fees. To be reversed on the account and additional interest reveresed.

 

I've declined argued my case and pushed to onbudmans who at the moment agrees that this would most likely be agreed as out of time. And I ought have been aware that I needed to complain.

 

The business offer is purely goodwill and could be withdrawn and they want the ombudsman to rule this out on the 6 and 3 rules!

 

They have call logs of me disputing charges years ago. Which I agreed with but I did explain that didn't realise I could challenge what they were charging.

 

And the details were produced in Sar in Aug 2016. Not forgetting the 2006 to 2011 statements were missing and had to request these

[cruzhughes]

I've had the Response off the ombudsman it's not what I wanted to be honest. What's my options now? Most of the charges were before 2010 not after. they were minimal from 2011.

Fos Spml Response.pdf

[martin2006]

Your decision is straightforward, accept the £600 offered or reject it and take it to the small claims court to include the pre nov 2010 charges.

[cruzhughes]

I won't be accepting the £600 I've already turned that down weeks ago out of principle. Does the time barred refer to court to is my corner? Or will anything the Fos said jeopardise me going to court

[martin2006]

Nothing will have any bearing on a court case re fos, you can continue now in the county court by issuing the N1 claimform.

[cruzhughes]

Am I likely to get charged anything other than what I pay to issue a claim? Is there anything I need to amend or remove on spreadsheet

[martin2006]

Update the spreadsheet to reflect the interest on the charges to date.

 

The fee for the issuing of an N1 depends on the amount being claimed and any fee paid is added to the claim.

 

If you are on a low income you may be entitled to fee remission. See form EX160 and EX160a for more info on remission.

 

There will be further fees to pay at different stages of the claim which you will get back if your claim is successful.

[cruzhughes]

Done the date. It was around £400 mark last time I checked not on low income so will have to stump up the cash. What other type of fees are you talking about so I don't go wading in and can't afford to take it any further.

[martin2006]

Have a look at the link below

 

https://www.gov.uk/make-court-claim-for-money/court-fees

[cruzhughes]

Thank you. It's going to be either £410 or £455 depending how I do it.

[cruzhughes]

Where can I find a copy of the claim form so I can submit the answers here for clarification before I fill in online

[dx100uk]

https://www.gov.uk/make-court-claim-for-money/overview

[martin2006]

Have a read of my GE thread cruz, its all there, answers to the majority of the questions you will ask.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?452397-Claim-for-GE-money-fees-***-Settled***/page4

[cruzhughes]

Thanks guys.

[cruzhughes]

Ive made a start am I ok?. Not really sure about the last part but will upload spreadsheet

 

 

Particulars of Claim

1. The Claimant entered into an interest mortgage agreement on or around 17/02/2006 with the defendant in the sum of £68,235.00. The interest rate at this date was 7.09%

 

2. The mortgage is subject to the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR).

 

3. The defendant is statutorily bound by Financial Services Authority regulations – mortgage: Conduct of Business rules (MCOB) contained in the FSA Handbook, implemented under the Financial Services and Markets

 

4. The mortgage first fell into arrears on 03/05/2006 after the claimant fell into difficulty and missed that months payment. But caught up the following month. During the term of this mortgage there were numerous late payments but also cheques paid in to cover arrears. However by the 01/11/10 the mortgage balance still stood at £69,430.84. Higher than it started even though extra payment were made.

 

5. The defendant levied various fees throughout the term of the mortgage as detailed in the Schedule of charges against the claimant.

 

6. The defendant levied further interest upon the said charges.

 

7. The charges were levied at a rate which exceeded the administrative costs and are not a genuine pre estimate of loss and therefore a penalty, deeming them unlawful.

 

8. The level of the charges were unfair because they breach the requirement of fairness contained in UTCCR.

 

9. The level of the charges is also unfair because they are the result of unfair treatment by the defendant and therefore levied in breach of the defendant's statutory duty to treat their customers fairly contained in MCOB.

10. For these reasons the interest charged on the charges is also unlawful.

 

I therefore claim the following

 

a) Charges and additional interest levied £3397.88

b) Interest pursuant to s69 county courts act at 8% from 03/05/2006 to date

c) Total amount claimed to date

ci) Interest continues to accrue at a daily rate of 0.00022% or per day until judgment or earlier

Spml.pdf

[martin2006]

Did they actually charge interest on the fees cruz?

 

They didnt with mine but then mine was GE not SPML.

 

I agree with the 8% as it saves trying to argue restitutional interest even though it wont be compounded.

 

The rest of the PoC looks ok to me bar the odd typo but please wait for Andyorch to approve and amend if necessary.

[cruzhughes]

It says interest on arrears on the statements PDF are on earlier posts . There's no rush as I've still got to see what this crappy goodwill gesture will be before I submit. What's the difference between the two types?? I'm not too sure what I put for s69 interest either. The total comes to 67ish in spreadsheet wasn't sure how it gets added to the claim form

[martin2006]

Compound interest in restitution will increase the end total but not overly significantly which is why i would suggest sticking to standard 8% for the spreadsheet. its also not the easiest to argue in court unless you are clear in your knowledge of Sempra metals v HMRC

You have the s69 done, thats the 0.00022% or £x.xx per day until judgement or earlier payment.

 

Statutory interest, as per your spreadsheet, is auto calculated at 8% in your case, upto the date you issue the N1. From that date it becomes s69 interest at 8% until judgement or earlier payment. Makes it much easier to calculate.

Edited March 20, 2017 by martin2006

[cruzhughes]

Why couldn't the FOS side with me not them. It would have made life so much easier!

[dx100uk]

fos never ever do side with a consumer on penalty charges claims.

 

 

.they are funded buy whom...?????......

[cruzhughes]

I went to the Fos with charges from 2006 to present but they ruled out on the 6 year and 3 year rules. Most of my extortionate charges were between 2006 or 2010 this is what I tried to claim back.

 

They said it's because I should have known I had reason to complain as they had telephone transcripts between this date with me questioning the arrears. I was asking how I was still in arrears when I had paid what I owed (5 calls in in total.)

 

I believe had they not had these I would have had more luck with the FOS. they ruled I was over the 6 and 3 years.

 

How do I fair with the court on limitations as we are going back 11 to 7 years ago.

[martin2006]

Personally i think you would fair much better than with FOS in the county court.

FOS dont seem to understand that the limitation on mortgages, as a special contract is 12 yrs not 6.

 

FYI i had exactly the same response in a recent FOS case with the 3 yr rule.

 

As they are funded by the banks and financial institutions its not really surprising is it?

[cruzhughes]

No it's not. Thanks for clarifying that.

[cruzhughes]

Fos reply BL can confirm the offer still stands.

The offer is to refund £600 of charges plus the associated interest.

It is entirely up to you if you accept.

 

As we have made our final decision on this complaint being out of time I cannot mediate any further offers.

 

Do i take this and pursue the 2006 to 2010 through courts.

Or take the lot 2006 to date to the courts?

 

They will only reverse this on the account not give to me anyway.

 

I'm going to have a look through the statements tonight to see what they actually did charge me in this period.

[cruzhughes]

I've been through the statements since Nov 2010 until now there are only 2 £15 failed direct debit fees and a few redress refunds on there. So my thinking is to accept this goodwill gesture to be reversed on the account. Then county court claim the ones from Feb 2006 until oct 2010. What do you think Martin