Acenden Solicitors want hearing adjournment

[Ell-enn]

Rooftop Mortgages have been around for a long time - they're probably administered by the same lot as SPML.

[flower2]

Well been back to court.

 

The good news is we still have our home, thank god.

 

The court has left the charges up to the FOS to sort. However the warrant has been set aside & the SPO is to continue.

 

It has now been left if either of us want to go back to court we can.

 

The other bit of Good News is THERE IS NO COSTS added the provision is that if it ever goes back to court then they can apply. That won't go down too well.

 

So a bit of result & just goes to prove that fighting can save your home.

 

A big Thank You to everyone for the help given over the past few months, I couldn't have done it without your help, especially Ellen.

[tifo]

The court has left the charges up to the FOS to sort.

 

Good luck with that but in my case the FOS said charges are fair as the bank had given them an estimate of costs (£35). They wouldn't ask for an actual breakdown of each charge.

[flower2]

Well all seem to have calmed down until I recently received a letter from Southern Pacific Mortgages solicitors quoting the following:

 

"at the above mentioned hearing the judge ordered the costs be reserved. We now write to inform you that these costs will be added to your mortgage account, should the court order that these costs not be added to the security at a later stage, these will be removed" they do not tell me how much they are adding.

 

The court order states the costs to be reserved.

 

I clearly remember from the hearing when I asked about costs the judge asked SPML's representative what the costs would be & his reply was " my cost is £75 per hour but not sure how much SPML charge, the judge replied I can not award you any costs if we don't know how much.

 

Surely they can not apply the costs without going back to court.

 

I have contacted the court who told me I need to go back to SPML, and that the judges hand written notes have been destroyed.

 

Any help please, don't know where to go now.

[Lea_HTH]

Surely they can not apply the costs without going back to court.

 

Costs in a mortgage case are subject to contract, they don't need the court's permission to charge you costs.

[flower2]

Even when the court has reserved the costs.

[TUTTSI]

Received a response to my statement, very curious it says our clients: Rooftop Mortgages Limited }}} Southern Pacifice Mortgages Limited.

 

Can anyone enlighten me, have SPML been taken over?

Rooftops have not been taking on new mortgages for a long time, in fact I have just found out that they have sold our Mortgage in 2007 to Farringdon Mortgages No1 PLC - something which they have failed to tell us. Yet our Land Registry shows Rooftop as the owner of the mortgage.

 

I am slowly opening a can of worms and it appears that all these companies are intertwined somehow and the Crown Mortgages has also cropped up in my travels.

 

If anyone needs any help with Rooftop or advice please PM me especially if you have been either been threatened or been repossessed.

[flower2]

Hi

 

Has anyone ever managed to get a detailed breakdown of what the £115 Litigation Management Fee or the £95 Late Stage Management Fee involves.

 

I have asked on several occasions but they always seem to avoid quoting that Eurosail-uk fees are regularly reviewed to ensure they are not unfair or excessive. I disagree.

[jasperpad]

Hi Flower

 

I would reply saying that even though they are saying that they review their fees this is not what you are asking for. Re-state that you want a full breakdown of what the fees involve.

 

Hope this helps

 

jasperpad

[flower2]

Hi thanks I do intend going back to them.

 

I just wondered if anyone had actual got a breakdown

[flower2]

I recently also asked to change my payment date from the 1st to the 25th & the reply I got was

 

the latest we are able to agree for your payment is the 21st monthly. Payments made on 25th would be considered an advance payment

 

any comments on the above statement please

[jasperpad]

I threatened them with court and they "decided" to "allow me to make my payments on the last day of the month with no suggestion of it being an advance payment! Strange that!

 

jasperpad

[flower2]

Sure is strange!!!!!!!!

[flower2]

Hi I have recently paid for a SAR to London Personal Loans & received some but not all info back from Lightfoots Solicitors, who are acting on behalf of Matlock London.

 

The cheque has been cashed, but they are telling Matlock London ( t/a London Personal Loans) sold out to SPML on 2nd May 2006 and they are telling me if I require further info after the 2nd May 2006 I need to contact SPML via Acenden (this loan was repaid in full on the 1st July 2006). My question is do I have to pay another £10 for 2 months info and wait another 40 days?

 

Seems strange the solicitors are the same as SMPL solicitors and there is also no letter to notify me of the change in ownership in my SAR, am I being conned?

[BRIGADIER2JCS]

Yes you will need to make another SAR.

[flower2]

That really seems unfair that I have to pay £20 for information on myself & the fact I did not even no the business had been transfered.

[Sappho54]

Got my statement today and that my overpayments to pay arrears (which are all charges) are being credited to the capital and not to the arrears statement. Anyone else had this?

[flower2]

Well replied as jasperpad suggested and have jusr received a reply saying "we are under no obligation to provide you with such information as it is considered commercially sensitive and as such will be unable to action the stated request"

 

Anyone else received a breakdown or similar reply

[flower2]

Does nobody have any comment on this we are under no obligation to provide you with such information as it is considered commercially sensitive and as such will be unable to action the stated request"

 

I would really appreciate any help

[honeybee13]

Hello there.

 

I'm sorry you haven't had any replies yet. I've flagged this for the site team in case anyone can help.

 

My best, HB

[Ell-enn]

Have you made a complaint to the FOS?

[42man]

They don't want to answer it because it is plainly an excessive charge. There are nothing but bad complaints about them all over the net. As has been suggested if they fail to refund the charges, or epxlain the breakdown then you can either complain to the FOS, (and the FSA) for good measure or you can challenge it in court.

[flower2]

No not yet claimed, I am still trying to get all the information together.

[honeybee13]

Thank you Ell-enn and 42man.

 

HB

[flower2]

Good Morning

 

 

Just a quick question and I am sure someone on here will no straight away. Can Mortgage charges be included in Mortgage arrears? I am sure I have seen somewhere on here that they can t but now unable to find.