Acenden Solicitors want hearing adjournment

[Clutching At Straws]

No No No.

DO NOT hang on.

 

Capstone/Acenden have eight weeks to resolve your complaint.

When this timescale has been met get the complaint filed with the FOS immediatly.

You can do this on line via the FOS website.

It is extremely important that you file the complaint as soon as possible, for a number of reasons.

 

Firstly,

if the account is being investigated by the FOS this is as good as a suit of armour if they take you back to court,

if they do make sure the district judge knows that the account is in dispute with the FOS,

in almost every case it will be dismissed pending the investigation,

I know this from experiance.

 

Secondly

no judge will grant an eviction notice for the amount that you are quoting, never in a million years.

 

You really need to start playing hard ball with these spineless thieves,

check out some other stories about capstone on here,

they are a shocking outfit and should be closed down.

 

You also need to do some research about your rights,

, there is a wealth of information on this site.

 

DO NOT let them walk all over you.

FIGHT BACK.

 

I got into trouble with these charlatans some time ago,

Ive been to court 4 times and beaten them every time.

 

They have added over 10k in charges to my account and broken the civil justice council's rules on numerous occasions not to mention FSA rules and guidelines.

 

PreAction protocols ?

they do not adhere to those either.

 

Stand up and fight.

I am and have my complaint with the FOS.

I WILL get MY money back from these thieves.

Do your research,

Know what you are talking about and give em both barrels.

 

Good Luck.

 

Lea_HTH said:

You have received a letter from them stating that they will respond by 24th May - that is in line with their stated aims in relation to their complaints. So you should wait until 24th May and if nothing is forthcoming at that stage, then you can escalate your complaint - though at that stage I would suggest you write to them giving them a final seven days in which to respond.

 

You don't have to speak to them on the phone - you've asked for a response in writing, so that's what you wait for.

 

As for the increase in arrears, until you receive their response, there isn't much you can do because they will continue to add charges until your dispute has been resolved (which may not be until it has been to FOS).

 

Sorry it's not better news than 'wait until 24th May'- but you have to give them a realistic chance, and since they have informed you when they'll reply they are not acting outside their promises.

 

Is Eight weeks not realistic then ???????? Do not give them anymore time whatsoever.

[flower2]

Thanks Clutching at straws that was my opinion however the 8wks isn't up until 25th May, & they said they would reply by the 24th so if I give them until the 25th I will have met both the 8wks & thier deadline.

 

I know the amount they are asking for are charges & not arrears, which is why I sent the letter asking for confirmation, I know they won't agree & ready for battle.

 

I am sick & tired of these morans & really what to give them a hard time. Seems each department do not know what the other is doing.

 

Oh & seems I must have 2 complaints in as I get 2 letters each time they write to me.

[flower2]

Have now had a reply from Acenden dated 20th May and recieved 25th May again they have sent 2 copies.

 

I have received a 6 page letter if anyone would like to see the full 6 pages please let me know & I will post, to save space I have just posted the pages which I think sums it up.

 

http://i790.photobucket.com/albums/yy187/dmb17/Ass1.jpg

http://i790.photobucket.com/albums/yy187/dmb17/scan0001.jpg

http://i790.photobucket.com/albums/yy187/dmb17/scan0001-1.jpg

 

 

 

It is really as clear as mud, I know thay have refused to uphold my complaint & offered to refund 1 x £25 late fee & 2 x £115 Litigation fees as they agree that I have fullfilled the terms of the court order, I need to sign an acceptance form.

 

Thay also state if they have not heard from me within 21 days they will assume this matter is completed and close my file. What a cheek when they have taken 8 weeks.

 

They have refused my request for a breakdown of the costs in running my account they say they are not obliged to provide this information.

 

The bit about fees not being excessive as the tariff was provided in accordance with the terms of the loan, I took the loan in 2007 and they have doubled since then.

 

The charges have now increased to £1694.44 and thats just from Nov 2010

 

Any comments or advice would be greatly appreciated

[Lea_HTH]

Any comments or advice would be greatly appreciated

 

If you're not satisfied with their response you can open a complaint with the FOS (you can do this online). Alternatively, you may wish to peruse some of the many threads on reclaiming charges and issue court proceedings instead.

[flower2]

Hi everyone. I have this morning spoke to the FOS, they have asked me to send a copy of the letter stating the increased arrears, perhaps if everyone who has had charges added to their arrears do the same, then it should open the eyes of the FOS to show what Acenden are doing.

 

So come everyone, lets bombard the FOS and make Acenden answer.

[flower2]

I have a SPO from Dec 2009 and have now recieved the following letters from Acenden & TLT

 

The court order states arrears of £4414.75 and I have to pay an extra £50 per month on the 1st of the month,

unfortuantely due to me being made redundant in 2007 and my husband being self employed and erratic pay dates I have not always paid on the 1st but as far as I am aware I have always paid within the month.

 

First letter received 14th June

Second letter received 20th June Page

After receiving the second letter I sent the following to Acenden recorded del. 22 June

 

Dear Sir or Madam,

 

Account No.

 

I am in receipt of your letters dated 9th June & 16th June 2011.

Please not I will only reply to you in writing as when I have called in the past I feel bullied.

 

Your letter dated 16th June 2011 states you have not received an acceptable level of payment and where an arrangement has been made you will not charge the monthly management fee or late stage arrears.

The court set out the arrangement and as far as I am aware this has been paid, if you disagree please let me know.

 

Please can you now reply in writing with the following answers.

 

The Suspended Court Order states ‘

This order is not to be enforced so long as the defendant pays the claimant the unpaid instalments under the mortgage of £4414.75 by £50.00 per month in addition to the current instalments. Therefore please inform me in writing where the current arrears of £5550.36 come from.

 

Please supply an exact detailed breakdown of what the litigation management/late stage arrears fees involve.

 

I also believe that the charges you have levied far exceed any true cost to yourself as a result of my breaches.

If you disagree, then will you please demonstrate this by letting me have a exact detailed breakdown of the costs to which you have put to me, as a result of my breaches, in order to reassure me that your charges really do reflect your costs.

 

Please respond before applying for eviction as I will need this evidence for the court.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

Your faithfully

 

I also have a claim with the FOS and they are aware of the letters received.

 

Now I don't don't know where to go or what to do.

Do I get a chance to put my side forward with the court before the warrant is issued.

[AndyOrch]

Flower2 you have left your name on letter 2.

 

Unless an agreement can be reached with the claimant an application will have to be made at court to “suspend the warrant”. A £35 fee is payable, but some people on low incomes are exempt from this. The defendant fills in a form, available from the court, stating what they are asking the court to do and explaining why the eviction should be cancelled or postponed. Once the application has been lodged at court a date will be fixed for a hearing.

 

 

Andy

[Ell-enn]

Hi there, they really are the pitts aren't they!!! OK, if you do receive a warrant you will easily be able to defend and I can help you with that.

 

Can you type out a list of all the payments you have made since the suspended order in 2009 and total them up. Also, check that there has been a payment made within each month not necessarily on what date each month - we need to demonstrate that you have not actually missed a month.

 

I assume you have a copy of the letter you sent to Acenden ? you now need to send a copy to their solicitors with a covering letter :

 

Dear Sirs,

 

Re: Acenden - Mortgage Account No:

 

I refer to your letter of 16th June (received today 22nd June) regarding the above account.

 

Please find enclosed a copy letter sent to Acenden requesting information as we cannot reconcile their outstanding arrears figure, given that no payments have been missed since the suspended order in 2009.

 

Yours faithfully,

 

 

XXXXX

 

Enc

 

(If the mortgage is in joint names change to "We")

 

Send by special delivery.

[flower2]

Thankyou andyorch I have now corrected my mistake on letter 2

 

Thank you Ellen I will tot them up later tonight

[Ell-enn]

Hi Andy, all the court fees have gone up - it's £40 now

[flower2]

Hi Ellen, what time scales are we looking at, please

[Ell-enn]

Hi, as an approximate timescale - if they applied for an eviction warrant today, the court might issue it next week and you would then have around 10 -14 days to move out. However, you would enter an N244 at court to get a hearing before a judge to get the eviction stopped - we can help you with that . Given you have been making consistent payments since 2009 there is no way a judge would allow the eviction. Get the copy letter sent to the solicitors immediately by special delivery -might make them change their mind !

[AndyOrch]

Hi Andy, all the court fees have gone up - it's £40 now

 

Of course Ell, thanks need to update my files.

 

 

Regards

 

Andy

[flower2]

Hi Ellen

 

So so gratefull for your help.

Went to pieces last night and unable to concentrate on what I needed to do.

 

Copy letter sent to solicitors along with covering letter special delivery, this morning.

Lets hope this stops them you may be right if they think back to the original SPO.

 

Quick recap was they applied for possesion & a date was set for 2nd Oct 2009 but was adjourned due no response from Capstone re my request for a breakdown of the figures.

 

The judge ordered them to serve a witness statement within 21days and set the next date for 4th December 2009.

 

Still drifting through all my paper work, which is one hell of a pile. In the process of adding payments up, will post a bit later.

 

Found this whilst drifting through my paper work.

Not sure if this will make any difference.

 

The claim I have with the FOS is to do with charges applied.

The FOS originally suggested SPML refund £200 arrears fees,

Refund 3 direct debit fees of £25

& £710 litigation management fees.,

total £985

 

SPML did not agree and offered 1 x direct debit fee, arrears management fees of £175 & Refund of litigation management fees £502.50 total of £702.50.

I did accept.

However SMPL did not pay this amount they only paid £602.50 hence the ongoing FOS claim.

 

Due to this site I am more aware of what should & should not be aplied & looking back the charges which had been included in my original SPO are a total of £1845 charges which seem to be included in the arrears .

 

The SPO was granted on the 4th December 2009 & I have a letter from themselves dated 6th December saying I have failed to maintain the SPO & the arrears are £4718.76 an increase of £304.01 in 2 days

 

Struggling to trace all payments, do not seem to have statements since 5th July 2010. I am sure they have never sent them to me as I keep everything from them.

 

One payment I can not find in my bank statements is for Aug 2010

but I do have a letter from them dated 18th October saying following a review of my account there was a shorthfall of 454.23 & the next monthly payment is due 1st Nov.

 

I paid £449.43 (which according to my calculations is the correct amount) on the 19th Oct probably before I received the letter, because anything from Capstone seems to come by snail mail if at all.

 

My point is, if that is what they say is the shortfall then all except £4.85 has been paid.

Maybe I am looking through tinted glasses.

 

Whatever Capstone/Acenden send is not easy to understand.

 

I also can not find a payment for April 2011 so looks like I'm doomed, May & June has been paid.

 

Now don't feel like lifes worth going on. Maybe feel better tomorrow.

Edited June 23, 2011 by flower2

[Ell-enn]

How do you make your payments? if it is by debit card or cheque then you will be able to trace them all from bank statements.

[flower2]

Usually direct via internet banking (Faster payment system) is in ther bank within 2hrs. Strange but according to SPML statements I paid a cash payment of £247.51 in May along with my scheduled payment, must have had some extra money that month can not remember.

 

Shall I just give in and accept whats coming to me.

[Ell-enn]

OK, you should be able to trace all the payments via your internet banking account - make a list of the date and amount of each payment you find.

 

If you are able to make the payments going forward there is no way you should give up - a judge would not allow eviction if you are able to make payments and also have been making payments since 2009. I should think the judge would want to know how the arrears have increased instead of decreased.

[flower2]

Hi Ellen having problems with internet have looked over bank statements seem to be missing aprils. Having to use mobile phone at mo hopefully will be back up & running monday. Not had a reply from Acenden or TLT

[flower2]

Hi, I have now received my eviction notice for the 19th July at 12md.

 

Not received anything back from Acenden (signed for 22nd June) or TLT (signed for 24th June)

 

Help please what do I do now

[Ell-enn]

Hi there, you now need to complete an N244 application and take it to the court - they will allocate a hearing in from of a judge within a few days to get the eviction stopped (you will need to pay a fee of £40 in cash when you take the form in).

 

I can help you with the form and the defence statement. I have affixed an N244 to this post and can give you the instructions for filling it in later. You will also need to submit a budget sheet with the N244 so the judge can see how you will afford the payments going forward.

 

I will make a start on the defence statement but will probably have to come back to you with some questions.

 

Please try to stay positive - if we can show the judge that you have maintained payments since 2009 and that somehow your arrears have increased instead of decreased together with the fact that you have an income and can keep making payments then you will not lose your home.

Budget Sheet.xls

n244_0400[1].pdf

[lamb909]

Sorry to just jump in Flower, but the last letter you posted from TLT, you can see your name and address through the blacking out you have done.

 

Wishing you the very best of luck

Lamb

[Ell-enn]

Hi, I've removed the letters as I could also see your details.

[flower2]

Hi Ellen many thanks. Had great problems with my computer but seem to be up & running now.

 

Received letters from TLT & Acenden saying they have now got the warrant, seems they send these letters out but can not reply to my letter.

 

Do you think I should speak to them on the phone? they have given me that opportinity. Don't really want to but will if you think it may help.

 

Now got the forms & will complete now. Any help will be greatly appreciated.

 

Filled in the n244 except the statement bit.

 

Done Income & expense form, please help with the witness statement

[Ell-enn]

OK, will take a look later this afternoon/evening (I'm at work at the moment unfortunately).

[Ell-enn]

Hi, re the missing payment in April - have you any idea why you wouldn't have paid that? we need to give some sort of explanation

- also if you paid extra in May (according the Acenden) have you got proof of that in your bank statement ?

Do you have any children living at home?

Are you still offering £50 per month towards the arrears ?

 

Nearly finished statement, just need answers to the above.