SPML/LMC anyone claimed for mis selling and unfair charges?

[Crapstone]

Hi, Please please please can someone tell me if there is anything else i can do to complain against Capstone.

I now have 3 ongoing complaints as follows:-

 

1 - arrears payments of an additional £50 are not reducing balance because of the interest being charged on arrears and i am being charged £20 each month for paying on the 20th instead of the 1st even though this was what the Judge ordered.

 

2 - Data protection my details were sent to a solicitor of whom i have no connection with.

 

3 - Full subject data access request not complied with, Capstone have admitted this on phone today and have escalated the matter. I have asked it to be officially logged and i was gobsmacked to be rang back within 5 mins with the complaint ref. I had to wait 2 days before i could ring back for the other references.

 

Interestingly i have worked out between my complaint nos that there have been 154 complaints logged in the last 10 days.

 

I have now filled in the form for the information commissioners office for the data protection complaint. I have to wait 8 weeks for the Fos to take on the complaint.

 

What can i do now about the non compliance of the SAR.

 

I want to throw everything i can at these now i am totally fed up with my time and energy that they are getting from me.

 

Also can i claim for my time.

 

I await your responses which i know as usual will be superb.

 

Thanks all

 

 

Firstly take a deep breath and stop grinding your teeth! I know just how much it wears you down:x

 

If you haven't already then go through everything you have from them to make sure you haven't missed anything.

 

I can't see why the *&^* they could charge you £20 when the court applied the payment date. They would have had the opportunity to say that a charge would be applied and that this would affect your arrear repayments.

 

I wonder why I bother myself as they are applying £115 in charges when the court ordered £50 in arrears to be paid..£65 worse off plus the interest and I've already been through the FOS once who told them that any charges had to be refunded and future charges would be looked at dimly!!!!

 

The way I look at it ,and from what the FOS implied, is that Capstone accepted the payments on the arrears in court and were free to object or state that any charges would wipe out any effort to pay the arrears. The court was trying to ensure that the arrears could be paid over the term of the debt but Capstone clearly have other ideas.

 

I think the only solution on this is to go back to court and get these issues resolved before Capstone go for eviction. OK the FOS wiped out my charges but Capstone invented new ones and waited until the final decision had been made to apply them so it's back to the drawing board again.

 

Send off your complaint if they haven't complied with your DPA. Mine is a mess and far from complete so your won't be the only complaint against them.

 

I don't tend to worry too much about compensation for time etc. I just want the law applied to them and to get them off all our backs once and for all.

[Crapstone]

Hi when i rang the FOS they did say to me that if a judgement had been made for a suspended possession or a repossession then they were unable to get involved.

 

I hope littledotty that you are able to get some help i think the whole system stinks and we should not let these poor excuses for human beings get the better of us.

 

Good Luck

 

The FOS acted for me against SPML/ Capstone even with a suspended repo. I think it's only pending action they steer clear of and issues that have already been subject to a court decision.

[Crapstone]

Little Dotty,

 

The FOS should at least be able to look at the charges as these can't be included in your arrears figure.

 

They can't over-rule any decision made by the court on what rights Capstone have to repossess or if it's lawful.

 

If you can update us on the level of arrears, equity and your current circumstances now it may get the cogs going for a way forward or at least a delay.

 

Don't be afraid to go back to the court to ask for a variation of any order that's been made.

 

You can also use the Buddy system here for someone to help out that's local to you. You might not want them to go to court with you, look at paperwork or visit you but they can still be there for a chat, meet up for a coffee (tea) and general moral support if you need it.

[uneverdid]

Well got my letter acknowledging my complaint arrived today, they have said that they aim to resolve all complaints within 4 weeks. They are very sorry blah blah blah i have felt the need to complain. Soooooooo we shall await their further responses. Strange thing is though they originally told me they could only deal with each complaint seperately so i raised 3 different complaints. Now they have responded and listed all my complaints under the one reference.

 

i am just so tired of all of this and sometimes really do wish i could just hand my keys back and walk away but then i know i will end up with a huge debt for ever so would still be no better off.

 

:( :(

[enoughisenough]

Trust me uneverdid. Handing in the keys is exactly what they what and would be the beginning of your problems and definitely not the end.

[enoughisenough]

They'll even have a drink on the bonus they get if you did.

[jdene]

Hello you neverdid have only read the last few posts and do not know much about your situation but it seems you are yet another in a long line of people being abused by our unscrupulous financial sector, I have been licky with my Mortgage company so far and changed to them after a nrrow escape from Gmac rfc, but to get to my point My MP was a great help for us we are on the verge of losing our house but our mortgage company have in fairness done all they can to keep us in our house stoped charges changed to interest only untill we sort outsome work and been in touch with the DWP regarding mortgage payments for us. But it was a threat to our MP that finaly got the DWP to pay up every reposession now dose not go in the avour of the Labour Government so some preasure there for help may pay off I dont know but trying to make a suggestion that could help, dont know if you have already tried this, or a complaint to the court of Human rights. I hope you get the result you want and deserve best of luck and sorry I cant be of more help to you.

jdene

[uneverdid]

Hi Jdene,

glad you are all sorted. I am fortunately in a position of being able to pay my monthly mortgage now especially now the libor rate has gone down. What i do not agree with is the way in which Capstone treat us and mess us about. Incidently i had a mortgage with Gmac in the past too !!!

 

I will just keep on fighting this shoddy lot and we will win in the end.

[Crapstone]

Well got my letter acknowledging my complaint arrived today, they have said that they aim to resolve all complaints within 4 weeks. They are very sorry blah blah blah i have felt the need to complain. Soooooooo we shall await their further responses. Strange thing is though they originally told me they could only deal with each complaint seperately so i raised 3 different complaints. Now they have responded and listed all my complaints under the one reference.

 

i am just so tired of all of this and sometimes really do wish i could just hand my keys back and walk away but then i know i will end up with a huge debt for ever so would still be no better off.

 

:( :(

 

A load of tosh what they told you.. just write one letter and put all the complaints in it. But bullet point them as that's how they respond and they often miss points that are raised or just get them totally wrong.

 

Have you managed to get any copies of your original application/ offer/deed yet or asked for inspection of them?

[uneverdid]

Hi Crapstone,

 

I have managed to see copies of original, i have to say some of the writing does not seem like mine. Another strange thing is the photographs of the house are not actually pictures of my house. These were sent with the surveyors report. The offer all seems in order to be fair, i just cant make head nor tail of my statements there is a difference of around £900 against me and i cant figure it out ive done all charges etc which equate to about £1600 but obviously they add it onto the arrears figure so it makes it look like i am 10 months in arrears when i am only around 6.

 

I am still waiting for the rest of my SDA as they are way over the 40 days now and have still only sent me 30% of what they should of sent.

 

When will it end, i really cant win at the moment i want to move in with my fella but they wont let me rent out until i have paid the arrears which i cant do soooooo i will just have to move out and keep paying the mortgage for any empty house. Its time to move on.

[Crapstone]

Hi Crapstone,

 

I have managed to see copies of original, i have to say some of the writing does not seem like mine. Another strange thing is the photographs of the house are not actually pictures of my house. These were sent with the surveyors report. The offer all seems in order to be fair, i just cant make head nor tail of my statements there is a difference of around £900 against me and i cant figure it out ive done all charges etc which equate to about £1600 but obviously they add it onto the arrears figure so it makes it look like i am 10 months in arrears when i am only around 6.

 

I am still waiting for the rest of my SDA as they are way over the 40 days now and have still only sent me 30% of what they should of sent.

 

When will it end, i really cant win at the moment i want to move in with my fella but they wont let me rent out until i have paid the arrears which i cant do soooooo i will just have to move out and keep paying the mortgage for any empty house. Its time to move on.

 

Hi,

 

It seems strange that the photos aren't of your house but I wouldn't worry too much about that for now as it's the written documents that are important.

 

I've tried to add up my statements several times and they don't equate, so you aren't on your own. The difficulty is that they list random amounts that don't have any meaning and aren't on the tariff and charges list. They make it up as they go along and add, reverse and add again.

 

It's pointless paying a mortgage on an empty house. If your only way forward to pay off the arrears is to rent the property out then it's unfair that they won't let you but it could be costly if they did. You'll also still be liable for insurance, council tax and water charges (if applicable)..

 

Can you find someone you trust to 'house-sit' in return for a contribution?

[uneverdid]

Hi Crapstone, i've considered the house-sit but i am worried that i may find myself in further trouble. Capstone have stated no way will they let me rent it out before clearing the arrears and then if they do grant me permission they will charge me an additional 1% which i think is standard practice anyway. I have tried to sell the house for a year now but with no luck, worse still i have to pay for my HIP this month thus leaving me with no money to pay the mortgage. I give up at times i really do. If i did hand the keys back what is the situation regarding any shortfall in the mortgage, i am aware that i am liable for mortgage payments till the house is sold. I am just thinking long term would i be better off, my credit rating is shot anyway but at least i could draw a line under it all and just keep paying off the deficit. Obviously what i dont want is to be forced to pay an extortionate amount each month which would end up leaving me worse off.

Another question my partner is unaware of the pickle i am in and his credit rating is faultless, when i move in with him does that instantly affect his rating or only if we have some kind of financial connection eg bank account.

 

So many avenues to explore and i just dont know which road to take right now.

[verycatchy7939]

i been a customer of capstone for 3 painful years and got my self put on suspended possession order.Now this is something that i never though i say but capstone have help me recover.

After 18 months of paying on the nail contractual payment plus£50.They offered to capitalise the arrears and reduce my payments. Seeing as i cant get a mortgage to save my life i was advised this was a good move.

cant think why they offered me this it not like capstone at all

[enoughisenough]

Yes. Very helpful. They serially overcharge unlawfully to boot, trash your credit rating then "offer help" in the form of capitalisation of your "arrears". How decent of them. Can't wait to see what help they offer other caggers.

[verycatchy7939]

I know but i was so shocked and they refunded me charges as well. I had £1573 kocked off the outstanding bal.

I did ask why they said it was because for the last 18 months i got a good payment record.

[enoughisenough]

Fair enough. Did they refund everything and give you interest as well? Don't forget they charge arrears interest as well. Did you get that back? Remember that other caggers have had their arrears capitalised and then been repoed on grounds of breaching the suspended order. They will do anything to get their hands on your keys. Watch them like a hawk from now on in. There could be a sting in the tail.

[Crapstone]

Hi Crapstone, i've considered the house-sit but i am worried that i may find myself in further trouble. Capstone have stated no way will they let me rent it out before clearing the arrears and then if they do grant me permission they will charge me an additional 1% which i think is standard practice anyway. I have tried to sell the house for a year now but with no luck, worse still i have to pay for my HIP this month thus leaving me with no money to pay the mortgage. I give up at times i really do. If i did hand the keys back what is the situation regarding any shortfall in the mortgage, i am aware that i am liable for mortgage payments till the house is sold. I am just thinking long term would i be better off, my credit rating is shot anyway but at least i could draw a line under it all and just keep paying off the deficit. Obviously what i dont want is to be forced to pay an extortionate amount each month which would end up leaving me worse off.

Another question my partner is unaware of the pickle i am in and his credit rating is faultless, when i move in with him does that instantly affect his rating or only if we have some kind of financial connection eg bank account.

 

So many avenues to explore and i just dont know which road to take right now.

 

If you hand the keys back you are liable for the mortgage, insurance and the bills until it is sold. You are also liable for all associated costs such as changing the locks, repairs, advertising, admin, auction fees, legal fees, deeds release and early repayment ( a dubious area). Plus interest and any shortfall.

 

It will be like handing your credit card and pin over to them and say spend, spend, spend.

 

If it's that bad then you'd be better off staying in control and selling the house at a lower price or at auction, on reserve. At least you know what you are letting yourself in for.

 

Even after the house is sold you will be liable for all the debts and they may get a CCJ against you or try to make you bankrupt (which is very unlikely if you have no assets). If you don't pay the CCJ they can secure it against any property you may have an interest in or use other enforcement means, even years later.

 

On a personal note, you should tell your partner, as it's not a good footing for a relationship if you can't talk about your debt and you aren't being straight with them. If they are the 'one' they will understand and help.

 

My OH told a few lies and covered up but what hurt the most is that he didn't trust me to help and thought I'd be angry. I felt more for him having bottled it all up and carrying the burden alone instead of sharing it and getting it sorted.

 

Your partner can't be responsible for any of your debts and unless you have any joint accounts or financial ties they won't be affected.

 

Keep in touch with Capstone and tell them your situation. They won't offer much help but at least you will have the paperwork to prove you have tried to negotiate.

[Crapstone]

I know but i was so shocked and they refunded me charges as well. I had £1573 kocked off the outstanding bal.

I did ask why they said it was because for the last 18 months i got a good payment record.

 

They don't, they won't ..simples.

[verycatchy7939]

Well they have and i have a letter comfirming the withdrawal of the suspended order. Its well out of character for crapstone i know. It just shows that some times they ar eok

[Crapstone]

Fair enough. But ask yourself how they could gain from that. Outside of the box..

[Crapstone]

Well they have and i have a letter comfirming the withdrawal of the suspended order. Its well out of character for crapstone i know. It just shows that some times they ar eok

 

I beg to differ that they are not OK. A letter means nothing unless the court has backed that up. Everything they do is for an underhand reason. They can't get the simple things right so it's probably just a letter sent in 'error', just like the eviction order they sent me and laughed at.

[enoughisenough]

I know but i was so shocked and they refunded me charges as well. I had £1573 kocked off the outstanding bal.

 

well you live a charmed existence...some people have court orders telling them not to apply these charges and they still do. Remember that they hate people who pay, because it makes them more difficult to apply charges to.

 

I'm sorry but this just doesn't sit well with my experience of this horrendous firm and the experiences of thousands of others.

[verycatchy7939]

i hate the tone and what you are inferring.

 

I live a charmed exsistance...... so having cancer and missing 12 months of your life, getting in to arreasrs is charmed.......Thanks.

They capilised to help me out pures and simple , because i paid , on the nail for 18 months while having a supended possesion order hanging over me.

It just you need to pay and keep asking and they can treat you fairly.

[enoughisenough]

Hey I'm sorry for your health problems...truly I am...and I sincerely hope you make a full recovery. There's very few of us whose lives have not been touched by that dreadful disease.

 

But I was referring to your relationship with Capstone. Just go back through the thread and you'll see what I mean.

 

I stand by my original point - your faith in them is in my honest opinion misplaced.

 

And if they are treating people more fairly that's only because sites like this have galvanised people to act in some degree of unity and exert massive pressure on them. I've yet to see firm substantial evidence from anyone who has the misfortune to have Capstone administer their mortgage account that there's been a sudden outbreak of goodwill.

[verycatchy7939]

Agree totally it down to sites like this. Every step of this has been done with the CAB and the intervention of my local MP.

The capitalisation was done on the grounds of affordabilty, i had to provide them with a budget to show i had enough extra income to support the increase in mortgage, but not enough to clear the arrears in 24 months.

I then had to provide bank statements and payslips to support this and they did their own checks via credit reference agency's.

I tackled the unfair charges at that time and they agreed to reduce the charges accordingly.

 

Capstone them monitored my account at the new payment level for 3 months and then returned me to the normal payment process.

 

I can only suggest capstone have done this to sell me on as a light prime CDO so they can clear there books