Capstone REPO **WON** got SPO 2010 - Acenden now want to enforce it - help!!

[Pat2010]

Many, many thanks for that Littledotty, l will also be sure to mention this in my letter to Capstone, how would l go about getting the sale about miss selling into court? l have been advised that when l write to Capstone l should state that our agreement has been brought up to date (will enclose receipt) and also ask them to accept lowered payments up until such time that our ppi kicks in (or not which will mean the 13 week wait with job-seekers) and if they refuse then l should write to the judge who dealt with our case earlier this year? Does this sound about right? Capstone have been very quiet just lately, l have a feeling they are 'up' to something and my partners redundancy will 'fuel' them...only l want to be ready for them this time as lm not going to allow this company to cause me the stress/upset it has in the past!

 

Pat.

[Ell-enn]

Hi Pat, thanks for your pm and sorry for delay. Affixed is the letter for Capstone. Send by Special Delivery and only send photocopies of the insurance certificate and payment receipt. Make sure you keep a copy of the letter also and print off the signature receipt from the royalmail website a few days after posting - keep that safe with the copy letter, we may need to prove you sent it if you have to go to court again.

Pat Capstone letter 10th November.doc

[Pat2010]

Thanks Ellen, all paperwork has been sent and we now await a reply.

 

Pat.

[Pat2010]

Hello again, well we have had a bit of peace and quiet for a while but it now looks like we might end up back in court again.

Acenden simply are not listening and are ignoring our mail.

 

Our PPI stopped paying out after 6 months as this is when the policy ended,

we have since discovered that we still pay extra each month toward the ppi we are no longer getting!We were ok up until October when my partner left his job, due to ill health,

he couldn't claim benefits after leaving and still cannot for a few more weeks,

l however am claiming income support as l have 2 disabled children.

.no ppi so were awaiting mortgage interest help which should start (awaiting forms) from 10th Feb.

 

To cut a very long story short my partner did speak to Acenden in late December, we suspect this response is due to our claiming back ppi and charges, we were still waiting to see if l would be awarded income support so could not commit to a payment plan.

 

We were told not to worry, they would contact us again in 6 weeks to see if things were sorted and do an income and expenditure, well we have had phone calls twice a day since, l have not answered as there 6 weeks is not entirely up!

 

l did have to write to them again asking them to stop charging me insurance as l already had it, l even emailed my policy but they couldn't open the attachment (simple jpeg attached!) l now have 2 proofs of reciept from royal mail but they say they have not had anything from us.

 

Today we have 2 letters, one from spml dated December 14th saying that they have now split our owings into 2 balances, lm still trying to work this out! The second is...warning us they are going to instruct their solicitors to recommence legal action unless we pay them £1303.00 within the next 7 days (letter dated 2nd so we have a few days left).

 

We have not missed any payments but have paid what we could when we could never less than 1/3 CMI,

l have proof of all payments but in our workings we are only just over 2 monthly payments in arrears,

now our benefits have been worked out properly we would have no problem catching up with these payments as well as the interest help plus as earlier mentioned my partners benefit being added once the wait time foe him is at an end.

 

We are currently (as already mentioned) claiming back charges and ppi, Acenden have told our legal rep that we have remortgaged twice, we haven't as its merely just the swapping and changing of their name thats changed we have never remortgaged.

 

l am going to write (tell them to pay me back my insurance) and ask who exactly lm supposed to be paying if l have without my knowledge remortgaged with 2 other companies that are indeed one and the same?

 

As the mortgage team at DWP need to know who to make payment too.

 

If l do not get a response l think my chances of remaining same are nil, l feel l need to make my arguments known before l get slapped with an eviction notice.

 

Can l stop them trying to take us to court if l get payment under the 2 months arrears mark?

Are they still allowed to take us to court when they know we are in the process of claiming mortgage interest help?

We are STILL awaiting a breakdown of Fees from almost 2 years ago, as they tend to ignore our letters.

 

l couldn't say exactly how much our arrears are now until l get a statement, but l do know that without charges we would probably owe less than the two months payment in payment arrears, at a rough guess until l trawl through my bank statements l would say that total arrears minus insurance are way less than £1800 and l still need to deduct all payments made from October up to now.

 

Many thanks in advance for any advice or answers to my questions.

 

Pat.

 

Forgot to add, we sent the letter as drawn up by Ell-en and had over £700 in insurance charges refunded to our account, 2 months later they began charging again.

[Ell-enn]

Send them a letter of complaint asking for it to be dealt with under their official complaints procedure (by recorded delivery of course) - if they don't comply then register a complaint with the FOS.

[Pat2010]

Thanks Ell, lm going to use the template you sent and add too. They are fully aware of our situation (but they do not know we are currently beginning the claim for mortgage interest help - DWP mortgage team are ringing me back today so l will ask for written confirmation unless they state there is something within the claim pack they are sending me that l can use as proof)

 

Should l mention that the reason the DWP took so long working out my benefit was due to my partners ex employers taking months to send an official leaving date? We now have this but didnt say anything at the time as we didnt know that this was the hold up.

 

From this point can Acenden simply apply for an eviction notice or would they have to take us back to court? lm looking to be prepared well ahead of time as l know they will make things uncomfortable. Although for the time being surely them not giving us adequate time to complete the mortgage interest claim would make them look bad?

 

Can l complain to the FOS if needed, even though l am already making them squirm by claiming back charges and ppi (plus mis selling amongst a host of other stuff)

l can not believe they are saying that SPML/Capstone/Acenden are separate companies and we have remortgaged twice!

 

l will get the letter sorted and sent off today.

 

Many thanks

Pat.

[Ell-enn]

Hi, you need to have exhausted their complaints procedure before the FOS will take your case on. Hoiwever, while there is a claim for mortgage interest relief they should not bring any further action - but then we are dealing with Acenden! If you are still under a suspended possession order then they can go straight for an eviction order, but you would be able to defend on the basis that yuour MIR claim is going through etc.

[Pat2010]

Hello Ell-en,

l have just sent you a message, a rough draft of a letter l would like to send.

 

Thank you, your a star, l have just had a phone call from the DWP mortgage team and they could not apologise enough as they were supposed to send out all the forms and info in early December but l somehow got overlooked, they asked me to relay this to our mortgage provider, which l have and they have included a note with the paperwork on its way to me now.

 

There is little more l can do l don't think at this point as were playing the waiting game in all areas.

 

Pat.

[Ell-enn]

I've seen your message and replied

[Pat2010]

Thank you x

[Pat2010]

Hello again,

Bit of an update and a question.

 

Letter was sent, lm half expecting them to try ring even though l stated 'written response only please!'.

Apparently FOS are already involved, via the rep claiming back fee's/charges and so on. Lender is dragging things out by saying l don't hold a mortgage with them .

 

l think l have hit upon another discrepancy, can anyone please give me some idea of how much the insurance charge (per month) is from Acenden/SPML/Capstone...or whoever they choose to be at this moment in time. I have not had a statement this year yet but glancing over last years and 2010 statements (post court case) l have found something else which does not add up!

 

Thanks in advance.

[Pat2010]

Just a quick update

 

We had letters from Acenden today, one saying our insurance has been accepted so they are refunding what they charged from last year, lm not happy as they are trying to hold back on 7 months of payments AND they charged a £50 cancellation fee to our account - again!

 

Secondly, another letter (3 in total which will no doubt add another hefty charge) giving our new payment, which is considerably less than what we were supposed to pay each month, but lm not sure whats included so need to sort that out. And lastly, a reply from my complaint saying they are investigating the insurance and they need 4 weeks so they can investigate and tell me exactly who Acenden are in relation to my mortgage (considering l apparently have not an account with them!)

 

l have proofs of delivery for the MIR claim form now, so will wait and see how long it takes them to send that back to DWP.

 

Can l write to them in regard to the insurance even though it is being investigated? Should l wait the 4 weeks? The payment l am supposed to make now has me completely confused as lm not sure if court charges are still being paid or if l have finished paying them or not. l never had confirmation of exact court costs from them or a breakdown of the the extra charge after going to court. There is so much unfinished business l want sorting before we end up paying more than we have too when the MIR kicks in, and that will be backdated from last month.

 

l know its probably wrong but lm refusing to pay them a penny until l know exactly whats to be paid.

 

After checking my account online l found that although we have written confirmation of payment being made by 15th month they still state there that payment is due the 1st so were most likely being charged the late payment fee anyway.

 

Unfortunately l can not wait until my statement in August to see whats gone on so lm thinking of sending another SAR again, as we got incomplete records last time. Or l could write and ask for a statement then try claim back the fee - suggestions appreciated as lm not going to give up fighting.

 

Pat.

[comebackjimmy]

Hi

Here is something a bit radical.........As I understand it failure to provide all the information requested by a SA is a criminal offence. So if you have proof why not report it as a crime to the police! Wonder what other CAGers think.

 

Would love to see these boys in front of a magistrate!

[Pat2010]

l have just checked the online account and although my 'balance' has reduced by almost £1000 my payment arrears and other outstanding amounts figures are exactly the same , how can this be? l specifically asked that the insurance repayments and any interest be paid to the payment arrears! l read somewhere that any payments to the account would be used to reduce payment arrears first - at least lm sure thats what l read.

 

l can see what they are trying to do, they want to keep my payment arrears in the red to try for eviction.

 

Comeback jimmy, l feel like asking again just to compare what we are sent to what we got before. Were already claiming back charges/mis sold mortgage and this has been going on almost a year, Acenden state l have no account with them as l remortgaged, l would love to take these guys to court and plan to 'get in there first' should they try push for eviction.

 

Pat.

[Pat2010]

Well, still no clearer as to where Acenden stand in regard to my mortgage, had a letter today saying they more or less still do not know who they are but promise to give me a full response no later than 04/01/2012

[Pat2010]

Several complaints later and were back where we started.

Am l allowed to make a complaint of fraud to the FOS?

 

Am l able to do this in writing rather than over the internet?

 

Thanks in advance.

[Pat2010]

Im back again.

After a few years of going backwards and forwards payment wise (they state we have arrears of around 12k but some of this is charges and such and other insurance charges)

 

 

we had a field agent visit and worked through our I&E,

gave all info on disabled son and 2 other children with life changing illnesses plus proofs of benefits and such and made an arrangement to pay something off the arrears as well as paying CMI going forward,

 

 

of course 3 months later they refused the arrangement but l continued to pay anyway

wrote and complained that they had not given me an actual reason as to why.

 

 

Fast forward to yesterday and we had a letter saying that they wanted an initial payment due to the amount of arrears and conduct of our account.

 

 

The field agent never mentioned this,

Acenden never before mentioned this,

and being in receipt of Income support for the last few years,

we couldn't have made an initial or lump sum payment if we wanted to.

 

 

Now they are seeking permission to enforce the SPO and should they be given it they will confirm an eviction date at that stage.

 

 

they have asked their specialist team to review my account in light of my children being poorly, they will contact me if there are any other options available!

 

I have read l think somewhere that they are supposed to give me notice of what action they are taking, when they take it and what happens next, obviously that have not.

 

 

now lm wondering how long it will take for this order to be granted if it is, will it mean another court hearing? or will Acenden just give me an eviction date?

 

 

Can l write to them and ask them when the application for permission was made?

l need to write to them anyway to confirm my actual arrears so l can check them against statements.

l do not get help from dwp for mortgage as my step daughter earns too much money,

 

 

my worry is l will not have time to attempt to find somewhere else to live or to apply for more time until l do.

l am willing to fight as l always have

but this really is my fault and have no idea what to expect next as l only had the letter delivered yesterday.

 

Any advice would be great as so many conflicting guides on the WWW.

Thanks in advance.

[dx100uk]

I have merged your old thread for complete history.

 

 

you should have refused that visit I believe they now charge £150!! visit fees

more to reclaim.

[Pat2010]

Thank you,

They charged us £92.

Or so they say, not seen a statement to confirm that yet.

[Pat2010]

I have now written to the lender as l have noticed yet another insurance policy added to my account.

 

Would l have good grounds to make a complaint to the FOS regarding the lender refusing my payment arrangement on the grounds that they expect a lump sum payment first before they would re consider?

 

Many thanks in advance.

[CosmosBipinnatus]

Hi, what sort of mortgage do you have?

 

 

I've looked back quickly at the start of this thread:

is it an SPML-originated first-charge mortgage?

 

 

The reason I ask is that, as far as I can tell, since January 2015 Acenden have not had locus standii to instruct solicitors to conduct possession proceedings against any borrower with an SPML-originated mortgage.

[Pat2010]

Hello,

Yes the mortgage was originally set up and agreed with SPML,

we still get statements from SPML but all other paperwork is Acenden.

 

 

Other than them writing back to thank me for my insurance policy they have completely ignored my other questions

 

 

we are still no closer to finding out exactly whats going to happen or what to do.

[CosmosBipinnatus]

If your mortgage repayments are made to one of the Eurosails, then also tell your solicitor that, as SPML has not been the beneficiary of the legal charge for years (not since the SPML-originated mortgages were securitised),

 

they too do not have locus standii to conduct possession claims unless they are joined as Claimants by the relevant Eurosail.

 

If your mortgage repayments are normally made to Eurosail,

then never ever - is my advice - make any payment direct to SPML or Acenden.

[Pat2010]

As far as l know all payments were/are made to Acenden (Capstone/SPML) as the account number and sort code l make payment to has never changed, only the name of whoever payment is made to has changed over the years.

 

How would l find out exactly who the payments go to?

 

 

We do not have a solicitor, although we are told we can get legal advice once we get an actual confirmation of being evicted.

 

 

What confuses me is why they would openly state they are awaiting permission from the courts yet l have had no warning of this before the 14th when we got the letter

 

 

also why they state they would decide on an eviction date when l thought it would be up to a judge/court to decide that.

 

 

l expected a letter from their solicitor at least as they state we would hear from them first once applying to the court got underway (this was in a letter l got in December after they decided to decline the payment arrangement made in August).

 

 

Are they just using scare tactics to try get me to pay up?

 

 

also sorry to sound a bit thick but whats to stop them evicting us if they are getting our payments?

Many thanks.

[CosmosBipinnatus]

As far as l know all payments were/are made to Acenden (Capstone/SPML) as the account number and sort code l make payment to has never changed, only the name of whoever payment is made to has changed over the years.

 

Why would you make mortgage repayments to Acenden/Capstone - they are not and never have been the lender.

 

How would l find out exactly who the payments go to?

 

I don't know - try your bank?

 

 

 

 

What confuses me is why they would openly state they are awaiting permission from the courts yet l have had no warning of this before the 14th when we got the letter

 

You need to get up to speed on "due legal process". Acenden routinely misrepresents the facts.

 

also why they state they would decide on an eviction date when l thought it would be up to a judge/court to decide that.

 

Yes, although they may mean that they have decided which date to ask the judge to approve.

 

l expected a letter from their solicitor at least as they state we would hear from them first once applying to the court got underway (this was in a letter l got in December after they decided to decline the payment arrangement made in August).

 

I think this is to try to force you to make another, different - "better", from their point of view- payment arrangement offer. I haven't checked back through the thread but it may be that your offer was so reasonable that there is some danger of a judge approving it.

 

Are they just using scare tactics to try get me to pay up?

 

Very likely, in my experience.

 

also sorry to sound a bit thick but whats to stop them evicting us if they are getting our payments?

 

They have to get a court Order. Evictions/repossession is meant to be a last resort. Keep a record of your payments. But, above all, you need to get on the front foot. Acenden want your property.

 

In your place, I would write and tell Acenden that you forbid them to have their "specialist team" review the needs of your children, as that would be a breach of their privacy rights. Acenden don't have a specialist team like this, it is just another trick to add even more charges to your account.

 

Yes, do complain to the FOS. Look at the FOS web site, print off or complete the form on-line. Include everything.