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    • I would say so yes but ofcourse only in the years the charged it not running till today.
    • please complete this:     and scan up the PCN bothsides to one multipage pdf read upload   dx  
    • Must satisfy POFA if they want to ground Keeper Liability, so no Keeper liability, their RoboClaims always try to sue both as if they can jointly and severally, but the Courts should be looking at the was Driver or Keeper and chuck the claim out for being vague, but they don't  They might if POFA fails and they know they are onto a loser, might have a last gasp and try to rely on Elliott v Loake a criminal case so not applicable to a Civil claim, and CPS v AJH Films, again not applicable as is about employer/employee, they will do this to try to get someone to cough up before a case they know they are going to lose to salvage what they have already paid ou to go to court.  I would delete the  line   As the keeper of the vehicle, I decline as is my right to name the driver (s) at this time"  That is an oblique reference to the duty to name driver in a Criminal case, and is the Elloitt v Loake scenario.   Others will have better ideas, but lloking decent.
    • Good morning request sent off yesterday to moriarty law  but today got this load of tosh  Combine Jul 17, 2019.pdf
    • In response to your question, I have a copy of the title deeds showing ownership and also the leases. No idea what to do with that info though!   I should be most grateful if you would review the attached brief draft defence on page 1. The page 2 thoughts are a work in progress.   The POFA point is weak in my opinion, but having read a lot of analysis of the requirements, I haven't managed to come up with anything beefy.   I should be grateful for any ideas on that, as it seems like a failure to follow procedure would be a strong defence.   Also it asks for the driver's details on the PCN and then the claim states the Defendant was the registered keeper and/or driver, but I don't really understand whether there's a point of defence there.    DRAFT DEFENCE 1)      The claimant has failed to prove that VCS had a contract with the landowner (The West London Property Corporation Ltd.) in August 2015, and therefore failed to show either a legitimate interest in controlling parking at the Berkeley Precinct, or the authorisation to make charges on their own behalf, for any overstay in the carpark, including for first-time offenders (relevant to Tesco lease). (no response to CPR 31.14 request delivered and signed for at 10.32a.m. on 9th July) 2)      The claimant has failed to prove that VCS obtained a planning permit from the Sheffield Planning Department under the Town and Country Planning Act 2007 (also requested in my CPR 31.14 letter) and that there were prominent signs in existence at that time, showing clearly the terms and conditions for parking and the charge payable for any breach. Therefore, the three elements of offer, acceptance and consideration required for a contract were not met, and no contract existed. 3)      The claimant failed to issue the PCN in the timescale required under the Protection of Freedoms Act 2012 for keeper liability and, allowing for the 2 day delivery time afforded to Royal Mail, it arrived a day later than the 14 day deadline. The parking company has not met the keeper liability requirements and therefore keeper liability does not apply. The parking company can therefore only pursue the driver. As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time. As the parking company have neither named the driver(s) nor provided any evidence as to who the driver(s) were, I submit I am not liable to any charge.    
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flower2

Acenden Solicitors want hearing adjournment

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Hi

 

I recently wrote to Capstone asking for a breakdown of the arrears on my mortgage , including how interest has been calculated from the start of the arrears.

and Capstone wrote back asking for £35 for a additional quartely statement.

This is not what I asked for.

 

I have a court hearing for repossession at the beginning of October which I am fighting.

 

Please can anyone answer my question

- if Capstone are intent on going for repossession should they not provide this info without charge?

I suspect they are including charges in the total arrears they are quoting.:confused:

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Hi

 

When I had issues with them I asked for a statement of the arrears and they sent it no problem.

 

Write to Ms Angela Batchelor and tell her the statement of arrears is needed to clarify your account for you before going to court.

 

They are talking out of their ar**s as usual.


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Thanks.

 

I have already written to them, but will also write to Angela Batchelor.

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Hi

Capstone always includes charges in the arrears. Good luck with court the judges at the moment seem to be on our side. When dealing with capstone send everything via recorded delivery because their favourite trick is not replying to correspondence.

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God I could scream at these people. Any thoughts

 

I paid my monthly amount due 1st May 2010 on the 30th April via the banks faster payment scheme (which is suppose to take about 2 hrs to reach thier bank).

 

I have now received a letter from crapstone saying I have incucured a £25 late payment fee, the stupid thing is I have another account with them which I paid the same day approx 2mins apart & have not had a late payment charge.

 

I have just contacted them & was told it takes 4 - 5 days to reach their account.....

. wait for it because they are a business account.

 

When I asked why it was accepted by their bank I was told I would have to contact barclay bank.

When asked why.....

because barclay is their bank.

Asked for a contact no, but they don't have one.

 

They told me they didn't know why a late payment had not been sent out for the other account.

Perhaps it is something to do with it being with the FOS.

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Sounds a bit fishy to me,im with Barclays and i pay my payments the same way as you do and its with the building society more or less straight away.I would challenge them over this.I have read alot of threads concerning Capstones they seem hell bent on adding charges to borrowers accounts.

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Hi perhaps I am thick but can anyone tell me what this letter really says?

 

I complained to Capstone about apply late payment fees when I pay via the faster Payment Scheme & adviced that the payment has been made immediately, I have now received this letter back from Capstone, but I still do not know if they have reiembused the charge or not, Am I missing something or is it a fob off?

 

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

http://i790.photobucket.com/albums/yy187/dmb17/SPML1.jpg

 

Any help will be greatly appreciated.

Edited by flower2

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they haven't refunded any charges, only told you that the payment you made in April has been credited to the account and that the letter was sent while this was being done within the 5 days.

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Thanks. Would you say this is the final response then if so I will complain to the FOS

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Thanks. Would you say this is the final response then if so I will complain to the FOS

 

They have given you the opportunity to contact them again within 8 weeks if you are disatisfied with their response.

 

So you can either do that if you are, or if you believe that contacting them again will not produce a different response then they have also given you the opportunity to complain the Ombdusman.


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Hi everyone

 

I had a suspended repossession order granted April 2009. I have continued to pay an extra £100 per month off the amount of £1884.67 I was required to pay under the court repossession order. I have now paid £1900 to Capstone which I assume is more than the amount required to be paid. I was under the impression that once the amount of arrears are paid the possession order is void - Am I correct in thinking this? I have recently received a statement from Capstone saying I am £337.10 in arrears it appears to be made up of charges & interest.

 

Secondly can they keep adding monthly interest when the court has stated the amount to be repaid?

 

They have also added a £115 Litigation management fee added after the court date (13/05/2009 it was added to my account), which added to the £1884.67 makes a total of £1999.67. I thought these fees should stop once the court has become involved - again does anyone know?

 

OH & I already have a claim with the FOS for late payment charges due to them being slow at crediting payment to my account so they can charge an extra £25 per month.

 

I will be most grateful of any help here, please.

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The charges are typical Capstone fair,ridiculous and i would be fireing a letter off to them as soon as possible,337 plus 115 litigation fee,the charges have to be proportionate to any extra work carried out and im sure this is just way over the top,so write to them disputing the charges and if you dont get some satisfaction threaten them with both the f.o.s and the f.s.a.no further fees should have been added to your account or should be adding to your account by these sharks,secondly regarding the possession order,might be a good idea to make say six months of normal payments so you can demonstrate a regular payment record,then apply to the court to get the order lifted,the court would get in touch with capstones and they might object but i couldnt see a problem,but just because the arrears is paid off does not mean the order just becomes void.

 

or you could also address your concerns ( i know i would, lol) to Amany Attia

The chief executive of capstones

4th floor royal london house

22-25 finsbury square

EC2A 1DX

 

p.s they cannot by law add charges then pass them off as mortgage arrears,any reasonable and i mean reasonable charges should be added to the oustanding mortgage balance.

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Thanks for your help & advice. I seem to recall the duty officer at the court saying once it was paid that was it, but I could have got it wrong as at the time I was just relieved to get it over with.

 

I will now apply for to get my charges back.

 

Does Amany Attia reply? & do I apply to her for the excessive charges.

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no not for excessive charges first port of call is capstones but you can always write to her and tell her what you think of her company,lol

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I am sure all those with mortgages withh SPML/Capstone will have been notified but for those who don't Capstone will become Acenden from the 22nd November 2010

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After recieving a letter from Acenden telling me they are sending a field agent and that I was in arrears to the tune of £1091.61 so I wrote back to them telling them I did not want a visit and to explain how they come to the amount of arrears.

Look s like I will have to send a SAR even though it is £10 I can not really afford.

 

Here is what they have sent, though confusing.

This is capital Repayment Mortgage

5th Nov 2010 Payment Due 324.93 - Payment shortfall 0.00 -- what for I don't know

30th Nov payment recieved 159.36 this is Dec

30th Nov Interest 129.91

1st Dec payment due 159.36

31st Dec Interest 130.02

1st Jan 2011 payment due 154.51

12th Jan payment recieved 154.51

31st Jan Interest 130.28

1st Feb payment due 154.51

1st Feb payment recieved 154.51

28th Feb Interest 129.82

1st March Payment due 154.51

 

This is Default Fee Account

5th Nov 2010 Mortgage payment due 12.17

5th Nov Other Charges 781.44

8th Nov Litigation Management fee 115.00

8th Nov Late payment fee 25.00

30th Nov Litigation Management fee 115,00

31st Dec Litaigation fee 115.00

31st Jan Litigation fee 115.00

7th March Solicitors fees 8.00

Total Outstanding debt 1389.44

 

In the letter it states we confirm that we hold a court order for payment of your cotractual payment plus £100 towards the arrears. Due to the full payment due not being recieved under this arragement, this agreement has cancelled and the full arrears are now due and payable immediately.

Failure to maintain your Court Order arrangement is likely to result in us instructing our solicitors to issue the Warrant for possession to obtain an eviction date from the court. Can they do this without my knowledge.

 

I have paid all the arrears I was asked to pay by the court.

 

I also have a summary page which states the amount due is £947.82 divide that by by 4months is £236.95 when my monthly payment is £154.51.

 

So confusing can anyone help.

Edited by flower2
Not Finished

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Think I must have confused everyone and myself as I have not received any help, not sure where to go now.

 

Basically I am looking for an answer to the following taken from a letter sent to me from Acenden:

 

We confirm that we hold a court order for payment of your cotractual payment plus £100 towards the arrears. Due to the full payment due not being recieved under this arragement, this agreement has cancelled and the full arrears are now due and payable immediately.

Failure to maintain your Court Order arrangement is likely to result in us instructing our solicitors to issue the Warrant for possession to obtain an eviction date from the court. Can they do this without my knowledge.

 

As far as I am aware I have repaid the full amount the court ordered me to pay, and now only paying my normal monthly payment. The outstanding arrears can only be charges they have added and even looking at the default fee account total debt the arrears they say I owe don't match.

 

I am totally at a loss, please can anyone help put me back on the right track. If you need to know anything else from me just ask.

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Firstly, suspended possession orders do not become void once the arrears are paid

- the order has to be removed by the courts,

and it is usually the claimant that applies to have it removed,

though the defendant (you) can also make that application

(and should make it once the arrears are paid).

But without an application for its removal it remains in place.

The duty officer should have explained that to you.

 

Secondly,

if I understand you correctly,

you are stating that the actual arrears have been paid,

and they are threatening you with a warrant of eviction on the basis of unpaid charges.

Is this correct?

 

Finally,

check the judgment from the court

- it may state on it what the arrears were at the time of the judgment (it will probably also include a money judgment for the entire mortgage debt).

 

Do you have details of all the payments you have made?

Do you have statements from the mortgage company?

 

They may simply be expecting you to continue to pay 100 per month towards the charges which arose during your period of arrears

- this is not unusual practice,

though if you are disputing that the charges are fair,

they should hold off on any further action against you until your dispute is resolved.

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Yes that is correct the arrears have been paid.

 

The court ordered says "This order is not to be enforced as long as the defendant pays the claimmant the unpaid installments under the mortgage of £1,884.67 at £100 per month in addition to the current installments" I have paid an extra £1900.

 

It also states "The money claim be adjourned generally" Amended 29th April 2009 under CPR 40.12

 

So if I have paid the amount set by the court how can they evict me know?

 

The mortgage payments are up to date the only thing I have not paid is the CHARGES.

 

They are continuing to add £115.00 per month as litigation charges even though I have fullfilled what the court ordered. Seems to me very unfair.

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Write to them immediately and state that you are in dispute about the charges added to your account and that you wish to make a formal complaint about them and the threat made about using the suspended possession order against you even though you have complied with the terms of the court order.

 

Point out to them what the judgment states

- specifically including the fact that the amount payable as arrears was 1800+ and that you have paid 1900 which more than covers the arrears that were covered by the judgment.

 

State that if the matter is not satisfactorily resolved,

you will escalate the issue to the Financial Ombudsman

- and then make sure that you do that.

 

Then I would suggest you apply to the court to have the SPO discharged since you have satisfied the debt.

 

You will almost certainly be liable for their costs whether the court awarded them or not (it's contractual)

- that's an unfortunate fact of a contract with a mortgage company and they do not need a court order to pass on these costs to you

- but they should be reasonable.

 

It doesn't sound from what you have written,

that they are charging you actual litigation costs,

but more a monthly management of litigation fee.

 

From your post above it would appear their solicitor costs were only 8 pounds

- so I'd be minded to ask them to detail exactly what litigation costs

(as opposed to litigation management fees) they have actually charged to your account.

 

I forgot to add that they would normally add their costs to your mortgage account,

but they cannot claim they are 'arrears' and as such would be on precarious grounds if they decided to execute a warrant of execution

- if they do this then you have a ready made defence for having the warrant set aside.

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Thank You, very much.

 

I am in the process of adding all the charges up over the period of time I have had the mortgage and then claiming them back.

 

What form do I require to get the SPO discharged and do I have to pay anything.

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You're welcome.

 

As far as I am aware it is form N443

- but you should double check that with the court office.

 

The court fees are about to go up and I am unsure what the cost of making the application is,

but again, the court office will be able to tell you.

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Hi everyone, I am seeking a bit more help.

 

I wrote to Acenden as suggested on the 29th March putting my account in dispute and making a formal complaint, the following is what I included in the letter

 

We thank you for your letter dated 22nd March 2011.

 

However in your letter you have not explained how you have reached the current arrears you state we owe. We are now in dispute about the charges added to our account and that we wish to make a formal complaint about them and the threat made about using the suspended possession order.

 

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 £1,884.67 by £100.00 per month in addition to the current instalments. As of 1st November 2010 we had paid an extra £1900 on top of our current instalments, which more than covers the arrears set out in the judgment. Therefore please inform us in writing where the current arrears of £1091.61 come from.
  •  
  • Please supply an exact detailed breakdown of what the litigation management fees are.
  •  
  • An exact breakdown of the Opening balance of £781.44 dated 5th November 2010 on your Default fee Account statement
  •  
  • An exact detailed breakdown of the mortgage payment of £324.93 due 5th November 2010
  •  
  • According to your statement we have been charged £8.00 Solicitors fees. Please supply an exact detailed breakdown of what this is for.
  •  
  • We are extremely upset of the threat ‘ Failure to maintain your Court Order arrangement is likely to result in us instructing our solicitors to issue the Warrant for possession to obtain an eviction date from the court‘, when we have paid all of the unpaid instalments set out in the Order for Repossession.
  •  
  • We also believe that the charges you have levied of £1604.00 far exceed any true cost to yourself as a result of our breaches. If you disagree, then will you please demonstrate this by letting us have a exact detailed breakdown of the costs to which you have been put to as, a result of our breaches, in order to reassure us that your charges really do reflect your costs.
  •  
  • If you do not respond, or you do not respond positively, within the time limits set out in your official complaints procedure I will enter a formal complaint to the Financial Ombudsman Service. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

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

 

Please be advised that we will only communicate with you in writing.

 

Since then I have had 2 letters from them last one dated 26th April saying they are still reviewing my complaint, but are still unable to provide details of our findings at present and they anticipate being able to respond no later than the 24th May.

 

I have now received a 'Notice of Sums in Arrears' and the arrears have now increased to £1306.91.

They have sent a statement from Nov 2010 to May, and they are still continuing to add £115 Litigation Management fee each month plus a late stage management fee in April of £95 and an alternative method payment fee of £5.

 

They are now asking me to contact them on a 0845 to discuss.

 

Seems they can find the time to send me these notices but can't find the time to answer my complaint, it is now nearly 7 weeks since they recieved my complaint the following is an extract from Acendens complaint leaflet...….

 

...We will aim to provide a final written response to your complaint within four weeks of receipt.

 

If we are unable to do so, we will write to you confirming when we anticipate being able to provide one.

 

In these instances we expect to respond to your complaint within a maximum of eight weeks.

 

These people are making me so angry, I am now tempted to go straight to the FOS or am I trying to rush.

 

Please any advise ?

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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.

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