Acenden Solicitors want hearing adjournment

[flower2]

Anyone got an answer for me please.

[caro]

I believe that's right. You can't be taken to court for charges. Just missed payments.

[flower2]

OK I wrote to Acenden asking the question if they have included fees in the arrears they currently say I have and they have wrote back admitting they are included.

 

 

Can they be reported for including them, I really would like to nail these vultures.

 

 

Any help would be greatly received.

[Ell-enn]

Arrears charges are not missed contractual monthly payments and as such they should be added to the outstanding mortgage total. Are they trying to take you to court for possession ?

[flower2]

Hi Ellen

 

 

Yes. We have a SPO from 2009 and as far as I am aware that has been paid not always on the 1st of the month. However they are adding a fee of £70 per month along with a £5 alternative payment fee plus interest which means the amount of the loan is increasing instead of decreasing. They are telling us we have arrears of nearly £6000 maybe over now as they are suppose to have applied for a warrant of repossession at the end of January 2015. Once I receive the eviction date I will put in a N244

 

 

I have previously asked for a different payment date but been refused and also a breakdown of the fees charged but the reply was we do not need to explain.

 

 

I am at the moment putting up a fight, with the help of this site, but each time I write I only seem to get part of the requested information. I a few months ago requested a SAR which when arrived was so complicated I wrote back & asked them to simplify, but then only received information from 2010. I am currently waiting for simplified information from before 2010. I suspect the arrears they say we owed in 2009 are mainly charges. whether I can challenge them I don't know.

 

 

I did apply for the charges to be refunded and got as far as the refusal & we could complain to the FOS within 6 months other wise the case would be closed. Unfortunately my Mum became very ill and needed full time care and I did not have the time to continue so the 6 months lapsed.

[flower2]

Hi I recently complainted to Acenden re a SPPL loan & the excessive charges and the reply states ' Please note SPPL is in insolvent liquidation prosess and Acenden no longer deals with complaints for SPPL. All complaints and/or requests for further information regarding SPPL should now be sent to the following address: PwC LLP. Leeds'

 

This seems strange to me, I also found this on the internet;

 

 

In the recent case of Re: Southern Pacific Personal Loans Limited [2013] EWHC 2485 the High Court held that liquidators of a company in creditors’ voluntary liquidation are not data controllers of personal data held by the company under the Data Protection Act 1998.

 

The company had used a loan servicing company called Acenden Limited to carry out various activities in respect of that data, including holding data in relation to redeemed loans. Southern Pacific went into liquidation on 4 September 2012. The company continued to receive data subject access requests in respect of the redeemed loan data held by Acenden.

 

 

Anyone got an thoughts?

[CosmosBipinnatus]

Hi I recently complainted to Acenden re a SPPL loan & the excessive charges and the reply states ' Please note SPPL is in insolvent liquidation prosess and Acenden no longer deals with complaints for SPPL. All complaints and/or requests for further information regarding SPPL should now be sent to the following address: PwC LLP. Leeds' ... Anyone got an thoughts?

 

Acenden has been bought out of administration this year by the giant equity group Blackstone. PwC are the administrators appointed to deal with the Lehman Brothers aftermath. Send your complaint to PwC, tell them what Acenden said, and ask who should be dealing with this now.

[flower2]

Many thanks CosmosBipinnatus, will do & let you know the outcome.

[flower2]

Good Morning can someone please advice me as to whether the following still applies.

 

Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). [/i]

 

I am arguing with Acenden about there charges & they are now threatening to send a field agent

[renegadeimp]

Edit: what exactly have they said,

[unclebulgaria67]

I think creditors are allowed to send field agents if you are refusing to communicate with them regarding any account you have with them. But you would need to study the terms of the loan to see whether this allows for such visits and for the visits to incur a fee.

 

Where are you with this Acenden account ?

 

Are you paying towards any arrears ?

[flower2]

No paid I have paid off my arrears what they are adding are charges. I asked them for a breakdown of the charges which they ignored, so right or wrong I ignored them. I am continuing to pay my contractual amount.

 

I had a suspended possession order from 2009, but paid that back. I asked for a change of date from the 1st to the 25th but they refused.

 

I am not refusing to communicate with them just want them to communicate in writing with me.

[unclebulgaria67]

Suggest a formal written complaint by recorded delivery to Aceden saying that their conduct amounts to unwarranted harassment and is causing you distress.

 

Advise that you see no need for them to send out a field agent, as you are meeting your contractural amounts and it is them who have not complied with your request for information on charges added to the account.

 

Advise that you wish the FOS to look into this matter and if they are happy for this to happen as soon as possible, for them to issue a final letter, so a complaint with the FOS can be registered without delay.

 

Then see how they respond. Acenden have up to 60 days to respond or issue their final response letter beforehand, before you can start a complaint with the FOS.

[dx100uk]

all the field agents do is charge you £100 for nothing.

 

 

refuse it

and get that complaint running.

 

 

have you put is a reclaim for all the penalty charges to them?

and thus complained when they refuse to refund them to FSA?

 

 

re:

http://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

 

 

ive also merged your new thread with your existing one for history

 

 

dx

[CosmosBipinnatus]

all the field agents do is charge you £100 for nothing. refuse it

 

I second this. Never accept a visit from an Acenden field agent except with your express written, prior, agreement. He (or she) is working for Acenden not you but an humungous fee will be charged to YOUR account for the visit.

 

Field agent visits are one of the 1001 ways Acenden has of keeping borrowers in arrears or putting them back into arrears when these had been cleared. Then, when the borrower's account is in arrears (again), they can charge their eye-wateringly high monthly so-called arrears management fee as well.

 

If Acenden write to say they are sending you a field agent, you must reply in writing to refuse the visit. If, for any reason, the field agent does make the visit without your prior written agreement, you will need to write to Acenden again to record the fact that you did not agree to this visit and they must remove the field agent visit charge from your account immediately.

[flower2]

Thanks for your help but I am still having trouble getting a breakdown of their fees the reply I have received from the them is as follows

 

"Whist we note your request for a breakdown of our Collection/Arrears Administration Fees we must advise you that we will be unable to provide these details as it is considered commercially sensitive information. Furthermore we are not obliged to release this information"

 

Does anyone no if they can refuse?

[unclebulgaria67]

What i would suggest you do, is pick up the phone to the FOS and start a complaint with them.

 

 

It sounds like they are refusing to register a complaint for FOS purposes or to even provide any information you are asking for. It is not commercially sensitive.

 

Don't waste any more time with Acedon, let the FOS contact them.

[CosmosBipinnatus]

Thanks for your help but I am still having trouble getting a breakdown of their fees the reply I have received from the them is as follows

 

"Whist we note your request for a breakdown of our Collection/Arrears Administration Fees we must advise you that we will be unable to provide these details as it is considered commercially sensitive information. Furthermore we are not obliged to release this information"

 

Does anyone no if they can refuse?

 

No, of course they cannot lawfully refuse to give you details of fees they are making you or expecting you to pay.

 

Complain to the FOS, as UncleBulgaria67 suggests.

[flower2]

I am in dispute with Acenden as to the arrears they claim we owe,

they filed for an extension of the repossession order given in 2009 which the amount the court ordered has been paid.

 

We have already been to court & the judge adjourned for Acenden to provide the information I have been asking for and then for me to respond. 

 

We received the required info and I responded to the information, which was signed for by their solicitor on the 19th March 2019.

 

Today we have received a letter asking for us to agree & sign an agreement to an adjournment on the the first available date after 28 days.

 

My question is am 1. Being unreasonable to decline, my view is they have had sufficient time to investigate. 

                                  2. Would it go against me if I declined.

 

 

[dx100uk]

IMHO

no

and 

no

SAr's are free now

why not fire a new one off too.

 

hope you are going for the jugular and getting all charges reclaimed too + the interest these have gandered since 2006.

[flower2]

Well they got the extension, but one good thing came out of it.

 

They had added legal costs to my account when the judge had said costs reserved.

 

I asked the judge if I was going to get more legal costs added as I had already had one lot and he ordered that they be removed and to immediately change their procedure that the legal costs are not automatically added.

Which is what they said happens. 

[dx100uk]

good work.

[flower2]

Help. I am totally despondent.

1. How much does it cost to go to court? 

2. Would I be able to get any help in how to go about it/complete any forms

 

After fighting with Acenden re arrears they said I had I am now at a loss. Really annoyed.

 

I had a suspended possession order for a secured loan, from 1990 which was paid.

 

Then last year Acenden said I had arrears of £1496.10. All payments have been made each month, maybe not on the first but always paid that month since suspended possession order that was granted in 1090.

 

I asked Acenden to give me a break down of missed payments in writing, which they failed to produce.

 

Earlier this year they took us to court for possession. when it was brought to the judges attention he asked them to reply and set another date. In April they asked for an extension. 

 

I had claimed a PPI payment from them which I eventually asked them to apply to our arrears, (wished I hadn't & continued with the court)

 

at the end of July Acenden's solicitors wrote saying they had applied for the application to be withdrawn. (There was no arrears on the account now) and their client had confirmed no legal fees in connection to the application would be applied to our mortgage,

 

Today I find not only has £487.60 legal fees been applied in March but a further £1369.50 has been applied in August.

 

 

 

 

[dx100uk]

Sar and write and complain then surely