BAD NEWS .... SPMLEers

[markt]

i have just spoken to their solicitor SGH and thye informed me that they will be entering their defence on friday ... last last day they have!

 

the court will then send me a questionaire and set a court date.

 

bugger they intend to defend ... oh well i guess itreally will be a case of bring it on and see you in court

 

im almost nervous but very surprised as halifax and cap 1 have paid up. mind you they were all on bank accounts, loan accounts and credit cards

 

are mortgages different?

[lickthewallfatboy]

an intention to defend is an entriely different animal from actually defending.....

[saraounia]

Hang tight and stay strong. The banks have more people going to them for refunds, so to handle the volume etc they may elect to settle early, and credit card charges etc have all been publicly critisised.

 

ERCs refunds are rather newer on the scene.

 

I think you will find they will either settle at the last minute or not file a defence. And even if they do file a defence, there is plenty on the website to rebutt any points they could possibly come up with. And the website operates a court buddy system.

 

Keep reading...

Regards

[markt]

yeah i know. its the 1st time ive dealt with solicitors. they seem so clinical.

 

im also brewing up for a £12k ERC claim with them ..... i must admit this is the 1st time im nervous. mind you my only downside are my fees and ive paid them! oh well

[paulpb123]

Mark,

Is this an ERC or late payment charges claim? I'm sure you had a thread with this one. Anyway, it matters not what it is. Did the solicitor phone you? If so why? Sounds a bit intimidating. If they intend to submit a defence why don't they just get on with it? The mortgage companies are more likely, at the moment, to defend, and right at the last minute (they want to keep your money as long as possible). However, this is not bad news. All of the defences that have been posted here so far have been the subject of much amusement (its all T & Cs and 'you didn't breach your contract, you exercised a right'). Saraounia is right, its early days with ERCs and mortgage companies generally. But see her thread for a great response to a defence and this should cheer you up:

 

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/32610-saraounia-simpleloans-gmac-rfc.html

 

My guess is that the mortgage companies are terrified to test the legitimacy of their massive charges in a court of law, just like the banks. They really can't take the chance of taking the lid off Pandora's box of massive payouts. Even if it gets as far as a court case, they can't win. Zoot has already provided this forum with practically every reply to their arguments, based on previous legal cases. Solicitors do seem clinical, but their incompetence can often make them look less so and you shouldn't let them intimidate you. The solicitor who did our conveyancing was totally incompetent but talked a good job with legal speak! I'm expecting a defence from Accord soon (I wouldn't mind betting 28 days after claim deemed to have been served, so 25th November) and I say bring it on! As I've said more than once on this forum, 'don't fall off the surfboard'! Best of luck and why not get that 12k claim under way!

[markt]

this "little one" is just for the charges they applied to my account.... only £1000. im pretty confident as it is the same argument as the bank charges case.

 

is your £9700 one for an ERC? i will start my ERC claim when i won this one

[paulpb123]

Yeah, an ERC. Good luck with yours when you decide to go for it.

[catherinebear]

Hi there

 

Have just read your thread we were trying to get back an ERC from SPML but because it was considered a 2nd charge and under £25,000we had no come back so we are now in the process of going to court with them for the £1774.91 they charged us for late payments and arrears management fees!! We are just about to start proceedings against GMAC and Kensington for ERC's GMAC is under £5,000 limit but Kensington is £7,200 can you recommend where I should look for the best info as we have been busy fighting Abbey which we won in the end and now face all the others that we feel let us down and led to us losing our home! Many thanks

Catherine Bear

xx:)

[markt]

if you check the posts by zoot ...thats a good place to start ... or do a search on ERC .... good luck

[Longleigh10]

Hi Markt,

I'm claiming against Preferred Mortgages, their solicitors are also SGH. What does SPML stand for?

[icanseeme]

Hi Markt,

I'm claiming against Preferred Mortgages, their solicitors are also SGH. What does SPML stand for?

 

Southern Pacific Mortgages Limited (not a particularly nice outfit and I look forward to the day they're taken down a peg or five)

[Longleigh10]

ok, I wonder if they're affiliated in any way.... must do some research!

[markt]

just found this on google .... interesting!

 

Mr Paul Rowbotham,

Head of Investor Relations,

Capstone Mortgage Services

 

Paul is responsible for the investor relations function of Lehman Brothers UK Mortgage Capital Division which in 2005 was the biggest issuer in the UK non-conforming market with 7 deals totalling €4.7 billion equivalent. The UK Mortgage Capital Division comprises three mortgage originators - London Mortgage Company, Preferred Mortgages Limited and Southern Pacific Mortgage Limited and one mortgage servicer - Capstone Mortgage Services Limited.

 

Paul was previously Assistant Treasurer of Bradford & Bingley plc responsible for its capital markets and Aire Valley Finance securitisation programme. Other previous employers include Halifax Building Society (now HBOS) and The Chase Manhattan Bank.

[Les Gunn]

markt,

 

Don't worry, we're all in this together. I filed my AQ against SPML last week, so i'm waiting for a court date. They don't frighten me and it'll be fun seeing them argue this lot away in front of the judge. I asked them to disclose their costs, they haven't, so i'll let the court decide who is being lean with the facts!

 

[markt]

i might need to crib your AQ!

 

and thanks for your support

[Longleigh10]

Hi MarkT,

You saved me a job there. we moved house last week so wasn't able to do any research. Sounds like they can afford to settle a few claims then!!