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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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


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Good Morning Eagleforms,

 

I have been charged £2400 for fees (Litigation, unpaid direct debit fees, arrears management fees etc) since 2003. I have also been charged £1200 in legal costs. How do I go about getting the fees back?

 

I have an arrangement to pay £100 a month off the arrears which I have been doing since 2007 when the arrears were £3200. They are now £2400, despite paying £3000 against the arrears.

 

For 4 of the 5 months until May this year, they have charged me £115 litigation management fees, despite the fact that I have not missed a month's payment or arrears payment. I have complained and asked them to justify the charges and to give me the breakdown of the £115. They have simply said I was a few days late paying the monthly mortgage and therefore was charged. No attempt to give the breakdown of the £115 fee.

 

Is the next step the FOS or the OFT or both?

 

Depending on the details of your loan, you could try the FOS route, for no other reason than it won't cost you anything to try.

 

I have attached a template form you could personalise to suit your requirements

Edited by Suetonius
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Good Morning DanDesperate,

 

Before it gets anymore complicated I have had a SAR and added up the charges.... what is the "contractual interest" and how do I work it out..... do I ask for it or not ?

 

The contractual interest rate is the interest rate you are paying.

 

For example if you had a mortgage with a fixed interest rate of 5%, that would be your contractual interest rate.

Edited by Suetonius
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I am doing good thanks Fretful, I hope your battles are not getting you down to much..

 

it sounds like the correct company (based on what I have read in your posts) is named on the agreement and the land registery

 

Blemain Finance, Cheshire Mortgage Corporation and Lancashire Mortgage Corporation are all part of the Blemain Group.

 

Blemain is a second charge (secured loan) and a bridging finance lender

Cheshire is a First charge (residential) and a bridging finance lender

Lancashire is a First charge (commerical) and a bridging finance lender

 

As you have a second charge, the lender and the registered charge holder should be Blemain

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I am doing good thanks Fretful, I hope your battles are not getting you down to much..

 

it sounds like the correct company (based on what I have read in your posts) is named on the agreement and the land registery

 

 

Thanks SUE, thought if you don't ask you don't get. Just trying to gather as much as info as I can. I already have a list as long as my arm. Would have been great if something could have come from this but no matter. Onward and upward I say.

 

It was just that Blemain stated that they were an introducer of Cheshire and that Blemain state that they are not regulated by the FSA.....but I believe that Cheshire are regulated by the FSA. I was trying to make some kind of connection that Blemain would also come under the FSA rules because Cheshire....what a bummer guess I was wrong.

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I cant find anything either,although have seen adverts for her B&B business-which looks to be still going.

Maybe the legal action was settled with confidentiality agreements in place ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Good Morning Eagleforms,

 

 

 

Depending on the details of your loan, you could try the FOS route, for no other reason than it won't cost you anything to try.

 

I have attached a template form you could personalise to suit your requirements

 

Unfortunately can't open template form.

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Because of the very strange editing that has been going on on this thread, most of the regular CAG'ers have migrated to another site. This also appears to have had trouble from the site management, but that seems to have been resolved for the moment. It looks like there is some heavyweight organisation that is scaring the managements' wits out of any site that deals with Capstone and its derivatives.

 

It would be good if one of these sites had the courage to let it be known what is going on and what threats they have been making. Bringing it into the open might well bring whoever it is up short, and we can maybe start to put pressure on them.

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I have been notified by email that "The Attorney General" has posted a template letter on this thread for me, about a complaint to the FOS reclaiming charges. It isn't here. Has it been blocked by the site team, and if so, WHY? If not, where would it be?

 

Couldn't open Sue's template letter either, WHAT IS GOING ON?

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Hello Eagle,

 

I have been notified by email that "The Attorney General" has posted a template letter on this thread for me, about a complaint to the FOS reclaiming charges. It isn't here. Has it been blocked by the site team, and if so, WHY? If not, where would it be?

 

Couldn't open Sue's template letter either, WHAT IS GOING ON?

 

"The Attorney General"'s template is indeed a reproduction of the one I have previously posted on CAG. I use Office 2010, so I am not sure if this may be creating some problems which prevent you from opening it. I know that others can and have opened it.

 

However, I will cut and paste the relevant sections below.

please tell us what your complaint is about

My complaint is about the excessive and unfair fees and charges applied to my mortgage. I consider the application of these charges and fees clearly demonstrate that my lender treatment of me has not been sympathetic or positive and incompatible with ‘Treating Customers Fairly’. I also consider that the application of these fees and charges is in clear breach of the requirement of MCOB.

 

What do you want the business you’re complaining about to do, to put things right for you?

 

To resolve my complaint, I require a full refund of all of the additional charges and fees, including but not limited to late payment charges, monthly administration fees and litigation fees that have been applied to my account.

 

In addition I require a payment equivalent to interest at 8% simple from the date each fee and charge was applied to my account until the date of refund.

 

Taking into consideration recent events with regard to the Financial Services Authority, GMAC and Kensington Mortgage, I also request an additional award in recognition the additional distress and inconvenience caused by my lenders breach of DISP 1.4.3. My lender should have reasonably have known that my complaint would be upheld by the Financial Ombudsman Service and therefore should have taken steps to resolve my complaint at an earlier opportunity.

 

Please give us any other details that you think will help us understand your complaint

 

I would like to take this opportunity to draw your attention to the enclosed ‘Final Notice’ issued by the Financial Services Authority (FSA) the regulator of the finance industry. My lender breached Principle 6 during the Relevant Period in that it failed to pay due regard to the interests of its customers and treat them fairly.

 

They applied certain charges to my account that were unfair in that they did not accurately reflect the actual cost of administering an account in arrears. They had not arrived at a cost-based approach to the calculation of its arrears charges and therefore could not be sure that they were reasonable compared to the actual cost incurred. (if a FSA regulated agreement add) Therefore, my lender is in breach of MCOB 12.4.1R.

 

I consider all of the additional charges and fees applied to my account to be unfair as per the Unfair Terms in Consumer Contracts Regulations 1999 because they did not accurately reflect the additional administration work to the mortgage account caused by the fact that I was in arrears. I also contend that by applying these charges and fees to my account my lender has also not met its treating customers fairly (TCF) obligations.

 

I would like to also take this opportunity to draw your attention to the following

 

“ Elsewhere, the present debates about bank charges and the previous action of the OFT on credit-card charges are also relevant. We have already seen some customers raise queries about the level of charges made by lenders when they are in debt. The Citizens Advice report suggests that some lenders’ debt-collection practices are distorted by including steps that involve the customer paying additional fees. The range, complexity and level of these charges may all be matters for consideration. But the central question that will no doubt be raised increasingly with the Ombudsman is whether or not the charges levied are lawful. More generally, as my earlier brief example of the mortgage arrears fee shows, the application of extensive fees for customers already experiencing debt problems may not be fair treatment. Certainly it does not always sit well with the sympathetic and positive treatment of those in hardship.”

 

Source: speech by Tony Boorman, decisions director and principal ombudsman, at the CML's complaints-handling seminar –London, 12 March 2008.

 

Lesley Titcomb, FSA Director responsible for the Mortgage Sector, also said

 

“As our data shows in these current market conditions more people are struggling to meet their mortgage payments and it is vital that firms treat them fairly. This means paying attention to their individual circumstances and not repossessing their homes when there may be an alternative solution. Repossession has to be the last resort. The FSA’s programme of actions to address the problem areas, includes a closer examination of charges, in particular the circumstances in which these are levied, and whether they are compatible with Treating Customers Fairly”

 

Source: FSA reiterates call for firms to treat customers fairly in current market conditions - FSA/PN/087/2008 - 5August 2008

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because of the very strange editing that has been going on on this thread, most of the regular cag'ers have migrated to another site. This also appears to have had trouble from the site management, but that seems to have been resolved for the moment. It looks like there is some heavyweight organisation that is scaring the managements' wits out of any site that deals with capstone and its derivatives.

 

It would be good if one of these sites had the courage to let it be known what is going on and what threats they have been making. Bringing it into the open might well bring whoever it is up short, and we can maybe start to put pressure on them.

 

i subscribed to this thread yesterday evening to find out information and help as to my sppl secured loan and its apparent transfer,how it may affect me as i now have a live dispute with capstone,i am worried if sppl disappear will my claim against them die.? This post,my first has now been removed without explanation. Is it now impossible to get any answers here,why is the fact that sppl transferring legal titles being silenced here by the management. Please can an explanation be offered ,my post reinstated so i can receive replies to my questions and enter into debate about what is happening. If the other lenders follow the same course as sppl this is of major significance to thousands. This draconian style of management is not worthy of a site calling itself the consumer action group,where do i complain and who to. What was wrong with what i posted? Please can anyone post some answers?

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Don't worry EiE, we who have been around a while know who you are and we also know who Ryde is. We also know that both you and Ryde have made a significant contribution to this thread - unlike other ball-like creatures.

 

What is more interesting is the question of the missing posts like Pete's and one I had from Attorney General.

 

The mods have been unusually quiet during this exchange of views, unlike when ITBG? was going strong.

 

I still think that someone has nobbled the mods on this site and it would be a relief to hear from one of them to reassure us that this isn't the case and to tell us the reason why posts here are being edited.

 

Come on, someone have the courage to respond or are you too busy bowling no balls?

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And talking of balls, bouncing or not!!!

has anyone seen the capstone site of lenders tarriffs

May be they have thrown their balls away to the fos:eek:http://www.capstonemortgageservices.co.uk/capstone/customer/Tariff.aspx

 

and have a look at this one too....http://www.freshfields.com/publications/pdfs/2010/Aug10/28598.pdf

Edited by brassed-off-2
air head moment

ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE

either SPML/PML/LMC/SPPL; the following are DIRECT tel#s,

of the investigating & prosecuting organisations: DONOT say you are from CAG-only directly affected or a concerned citizen.

 

1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633

2. CH : Lee Jenkins(prosecuting Amany Attia(MD) for SPML/PML) @ 02920 380 643

3. CH : Mark Youde(accounts compliance) @ 02920 380 955

 

4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108

(part of the Insolvency Service) investigating all the Lehman lenders

 

5. CIB : Jeremy Pilcher('unofficial'-consumer/company lawyer) : @ 0207 637 6231

__________________

File YOUR 'Companies Investigation Branch'- CIB complaint online NOW!!!!

 

http://www.insolvency.gov.uk/complaintformcib.htm

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Haven't been here for a while but nice to see the old faces back and posting! Not so sure about a certain newbie trying to stir though..best not go there and let them get bored when they see that they aren't worth the effort. I'm sure we know by now who is who and as long as they are fighting our corner, I'm not complaining.

 

A couple of people asked how to start the ball on reclaiming their charges. I'd suggest you send an SAR, more than one if you can as they will no doubt be edited differently allowing you to fill in the gaps. Add up all your charges and go through everything with a fine tooth comb. They may claim they haven't received payment but it might be there on the SAR as a screen dump, as well as other things they have denied or lied about. Write a letter of complaint and don't give up, argue back and insist that you WILL be going to the FOS unless you are refunded the unfair charges. The FOS know that Capstone are unable to give a reasonable explaination for their high charges, and in my case neither Capstone or SPML would send the requested table of tariffs to them. The FOS ruled against them and they (Capstone/SPML) whinged like toddlers, stamping their feet and saying it was unfair that they always lose. It takes a while and you have to have patience and grit your teeth throughout but the end result is worth it.

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Hi Crapstone, good to see you back.

 

I have listed all the charges and "legal Fees". Do I include the legal fees as part of the claim? There are also interest charges on the arrears, do I include those?

 

Without the interest, the total is £3700 and the arrears were £3400 at their highest. I have been paying £100 per month off the arrears, but although I have paid about £3200 towards the arrears, they are still at £2100!

 

I have complained several times and will now put in a complaint to the FOS but I want to be clear about what I can claim back and what I can't.

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I have also complained about the Woolwich's charges and the FOS have told them to repay 5 years charges at £40 a month and send me £50 compensation. That was 2 months ago and so far have had nothing from them. This seems to indicate that the banks just treat the FOS with total distain!

 

I hope to get the same result with Capstone, but hope they pay up, unlike the Woolwich (Barclays)!

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Eagle

 

Insofar as barclays/ woolwich are concerned you now have all the necessary ammo for issuing claim in the County Court. My experience with them suggests it will go to the wire. Send them an LBA giving the 14 days to comply with and observe the FOS adjudication when they fail to do that it's time for your N1 claim. They'll back down before the hearing in most likelihood but it pays to get your arguments and evidence in order in case they actually defend properly.

 

Keep the faith. EiE.

 

You'll get plenty help with this I'm sure. Just don't take any assistance from betty. The accuracy per post ratio is somewhat suspect and they can't admit to being wrong. On a site like this that's no good to anyone.

  • Confused 1

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Hi eagle

 

If you were to claim in the county court with Capstone the defendant would be the OL SPML, SPPL, PML. However probably the best way to do this would be to file a counterclaim. Although you are out of time it is quite straightforward. Judges will not hear defences but THEY WILL hear counterclaims and are known to be quite sympathetic to the arguments. People's experiences in court are frustrating because the judges are sticklers for procedure. As a defendant in a repossession claim you have very little ground in which to make arguments but as a counterclaimant the court will open up to you and hear what you have so say.

 

I would suspect that they already have a suspended repo order hanging over you. Is that right? If so you can still counterclaim but the right to do so must be affirmed by a Judge. You only have automatic rights to a counterclaim when you submit your defence, i.e. within 14 days. The key regulation is the Unfair Terms in Consumer Contracts regulations (1999). Basically any term which requires a consumer to pay more than the costs incurred as a result of the breach is likely to be unfair and thus 'not binding'. You could argue that virtually any term that results in charges is reclaimable but that is a matter for the court. I would bet that any properly constituted counterclaim which was admitted by a judge would have an 80-90% chance of success.

 

Keep the faith EiE.

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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