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

[Crapstone]

Unfortunately most District Judges derive from the solicitor business most of whom cynically fudge their way through their career and most have an ingrained hatred of any L.I.P. depriving their shoddy profession of the exorbitant fees it is able to charge.

I was initially apalled when first using the internet which to me is the greatest tool since the printing press,that the Law in which I was trained many years ago bore little resemblance to the Law practised in County Courts which appeared in many cases to be discretionary and dependent on whether the Judge liked the look of you or not.I do fortunately have more confidence in the High Court but few cases go this far.

 

Crapstone

Being an old experienced campaigner in obtaining refunds of charges could you kindly post definitively the charges and any interest added to accounts that are reclaimable.

I have been asked constantly this question but having never made such a claim and am embarassed by being unable to give a definitive answer.

Perhaps with your long term experiences you could help both me and many others who are unsure and consequently unsure of exactly what their true arrears if any really are , thus weakening any defence they may have in Court.

 

I have previously posted most of the things I have done. I reclaimed ALL of the charges including interest. Late payment, Block Insurance, unpaid DD, Legal charges (Not all of them yet).

 

You need to get all your statements together. Everything you have so far. Then send off a SAR..several if you can. Look at the FOS guidelines. Complain about the charges and don't take no for an answer. You really have to fight. When Capstone come back with a sarcastic letter, get in touch with the FOS. They wouldn't justify their fees. They can't explain why payments go missing or why they lose paperwork. They will go on the defence but they know when to back down and have been beaten into a corner. FOS awarded us compensation and most of the charges were removed but they started applying them again at a higher rate a little while later.

 

The hardest thing is adding it all up and then having to wait for Capstone to respond. My SAR showed nothing of interest, mostly blacked out but my OH had one that showed he'd been in touch and that they had received payments (that they denied completely). This was post FOS after they still were threatening us. Out of the blue they refunded everything.

 

That all sounds so easy but I've dealt with them since '03 and spent 2 years with the FOS. They will try to treat you like an idiot..but you aren't .. You have the knowledge from here to take you forward. Go on..ask them the question..then see who the idiots are!

 

The main defence is unjustifiable charges and habitual 'mistakes'.

 

I don't pretend to be anything other than myself here. Take it as read and simplified for all to understand. I save my grasp of the English Language and Law for more formal times

[actionnotwords]

Thankyou for your comprehensive reply Crapstone.

In a nutshell everything that is not a mortgage repayment should be reclaimed,this can be discovered by issuing a SAR.

brassed-off-2

It would be interesting indeed if anyone had ever at their request had their loan modified by the team,especially the conversion of a repayment loan to interest only.

Has anyone been ever offered such facilities or asked for such and been refused?

I wonder looking at all the other related threads whether amongst their multi layered and structured organisation Capstone have a "Try it on Team" as well.

Edited June 12, 2010 by actionnotwords

[actionnotwords]

I am not aware whether this information has ever been posted here but it has been discovered on the "other site" that all those with London Mortgage Company are not with the one that is about to be struck off by Companies House ie the one that is LMC limited.

They are in fact with plain LMC (THE NOT LIMITED ONE) which apparently deliberately confusingly is a trading name of SPML.

 

Littledotty

It occurs to me have any of the documents you have relating to this company /trading name ever bore the words Limited after them ?.ie Land Registry or anything else?

[brassed-off-2]

Thankyou for your comprehensive reply Crapstone.

In a nutshell everything that is not a mortgage repayment should be reclaimed,this can be discovered by issuing a SAR.

brassed-off-2

It would be interesting indeed if anyone had ever at their request had their loan modified by the team,especially the conversion of a repayment loan to interest only.

Has anyone been ever offered such facilities or asked for such and been refused?

I wonder looking at all the other related threads whether amongst their multi layered and structured organisation Capstone have a "Try it on Team" as well.

 

Yes ANW...i asked, was refused, must also add...the call operator sent emails to all relevant departments forwarning them of my questions!! needless to say no copies of emails are in the subject access.. I am just about to embarque on one of my letter bombarding campaigns, this time they will all be personally addressed to the wonderful Mr-treating customers fairly manager, seeing as capstone are now priding themselves on the TCF, bandwagon...

 

will let you know how it goes...or not as the case maybe:rolleyes:

[Crapstone]

Thankyou for your comprehensive reply Crapstone.

In a nutshell everything that is not a mortgage repayment should be reclaimed,this can be discovered by issuing a SAR.

brassed-off-2

It would be interesting indeed if anyone had ever at their request had their loan modified by the team,especially the conversion of a repayment loan to interest only.

Has anyone been ever offered such facilities or asked for such and been refused?

I wonder looking at all the other related threads whether amongst their multi layered and structured organisation Capstone have a "Try it on Team" as well.

 

I would stress that it depends on the individual circumstances. My arrears were originally because of a dispute and not an inability to pay. We had arranged our own insurance but they kept adding on theirs, despite months of protest with calls, letters and fax. The mortage was wholly affordable until they started adding the extortonate charges and taking more than they were entitled to, I'm really in the habit of of taking out several lots of insurance for the same property or not.. :-|

 

The question of conversion was asked several times and different answers were given. Mostly they acted like crass debt collectors. ' Give us a card payment and then we'll talk'. I had faith in one of the reps that changed the schedule and said it was fine to pay by cheque. A couple of months later the company denied the conversation and called me a liar. Thank God for the SAR that showed I was right.

 

And thanks for the rest of them that show they made mistakes from day 1. I was called a liar for several months when I told them that they had been sent payments. They denied receiving anything...the SAR shows otherwise.

 

In a nutshell they didn't offer..we did ask and didn't get any response. They have the habit of skirting around any direct questions you put to them. You just have to keep the conversation flowing and proving them wrong at every opportunity

[sawyer]

Tip Of The Iceberg !!!!

 

Ernst & Young faces inquiry over Lehman audit | Business | The Guardian

[brassed-off-2]

companies house webcheck

 

21/06/10 - directors appointment terminated Amany Attia.

[actionnotwords]

companies house webcheck

 

21/06/10 - directors appointment terminated Amany Attia.

 

WOW,

WHICH COMPANIES?

SCEDMINC I AM USING A NEW PC, AS I SEE YOU PRESENT COULD YOU POST A LINK TO CH?

THANKS IN ADVANCE,I THOUGHT THIS THREAD HAD BURNT OUT BUT THE FUSE MAY WELL HAVE BEEN RELIT!!

LITTLEDOTTY PLEASE ROUSE YOUR TROOPS BACK INTO ACTION!!

[actionnotwords]

Found It So Both Spml And Pml Are Now Both Operating Without Any Director.

WELL FOUND BRASSED!!!!!

[brassed-off-2]

heres the link .... sorry!!

 

WebCHeck - Select and Access Company Information

[brassed-off-2]

Found It So Both Spml And Pml Are Now Both Operating Without Any Director.

WELL FOUND BRASSED!!!!!

 

So the question remains, who should i make my cheques payable to this month????

[midge61]

When I put in SPML in webcheck this is the only one that comes up:

 

SPML LIMITED

FLAT 232 DOYLE HOUSE

OSBORNE ROAD

LONDON

UNITED KINGDOM

W3 8SN

Company No. 07127263

 

It is newly formed.

 

[scedminc]

WOW,

WHICH COMPANIES?

SCEDMINC I AM USING A NEW PC, AS I SEE YOU PRESENT COULD YOU POST A LINK TO CH?

THANKS IN ADVANCE,I THOUGHT THIS THREAD HAD BURNT OUT BUT THE FUSE MAY WELL HAVE BEEN RELIT!!

LITTLEDOTTY PLEASE ROUSE YOUR TROOPS BACK INTO ACTION!!

 

 

HI ANW,

 

Sorry I missed that and must have signed off as you posted but seems you are ok now.

 

Sced

[scedminc]

When I put in SPML in webcheck this is the only one that comes up:

 

SPML LIMITED

FLAT 232 DOYLE HOUSE

OSBORNE ROAD

LONDON

UNITED KINGDOM

W3 8SN

Company No. 07127263

 

It is newly formed.

 

 

Hi Midge,

 

You've got the wrong company. You need:

 

Name & Registered Office:

SOUTHERN PACIFIC MORTGAGE LIMITED

ST. JOHNS PLACE

EASTON STREET

HIGH WYCOMBE

HP11 1NL

Company No. 03266119

 

 

Sced.

[AnimalMagic]

Afternoon everyone...

 

Confession time... I am wrong about s.140 and non regulated first charge mortgages.

 

AnimalMagic is quite correct..

 

Looks like Suetonius is only human after all..

 

I can freely admit when I am wrong..

 

Hey Suetonius,

 

Sorry to resurrect this. I might be misunderstanding due to tiredness, but sec 3.3b of this OFT document seems to say mortgages are exempt from s140.

a debtor-creditor agreement secured by any land mortgage to

finance the purchase of land, or the provision of dwellings on

any land

I hope I'm misunderstanding...

[midge61]

Hi sced

 

I did realise this but as the one I found is very new and with same name I found it interesting.

[Suetonius]

Hey Suetonius,

 

Sorry to resurrect this. I might be misunderstanding due to tiredness, but sec 3.3b of this OFT document seems to say mortgages are exempt from s140.

 

I hope I'm misunderstanding...

 

Hello AM

 

Remember s.140 also applies to agreements that are not CCA regulated.

 

The unfair relationship provisions apply to any credit agreement between a creditor and an individual whether or not it is a CCA-regulated agreement, apart from an agreement secured by a first mortgage over residential land that falls within the category of exempt agreement provided under section 16 (6C) CCA (an agreement that is secured by a land mortgage and entering into that agreement as lender is a regulated activity for the purposes of FSMA 2000).

[AnimalMagic]

Hello AM

 

Remember s.140 also applies to agreements that are not CCA regulated.

 

The unfair relationship provisions apply to any credit agreement between a creditor and an individual whether or not it is a CCA-regulated agreement, apart from an agreement secured by a first mortgage over residential land that falls within the category of exempt agreement provided under section 16 (6C) CCA (an agreement that is secured by a land mortgage and entering into that agreement as lender is a regulated activity for the purposes of FSMA 2000).

 

'first mortgage over residential land' is the bit I can't get my head around. I am reading this as all normal first mortgages people use to buy their home? I have read s16 over and over and can't grasp if s140 applies to my first charge mortgage taken out pre Oct 2004 or not

 

It doesn't seem to make sense that mortgages after Oct 2004 would be protected but those before wouldn't...

[Crapstone]

FSA demands tough standards from firms dealing with arrears and sale and rent back customers

 

[JonCris]

FSA demands tough standards from firms dealing with arrears and sale and rent back customers

 

Stable & door come to mind & are not the FSA being closed down perhaps they hope they'll be offered something else if they look tough. Mind you it would appear that these people do get handsomely rewarded for failure

[Crapstone]

Stable & door come to mind & are not the FSA being closed down perhaps they hope they'll be offered something else if they look tough. Mind you it would appear that these people do get handsomely rewarded for failure

 

 

You may not like it. But if it helps those in arrears to KEEP their homes and have it addressed in a better fashion than a lottery then bring it on.

[Crapstone]

Do I look worried if any financial institution suffers? NO. My concern is with how we are dealt with and with whom?

 

I don't care..I won..they gave me the charges back. But I do care and that's why I am here. To see that you lot get some satisfaction with Capstone backing off and stop claiming their stupid arrears charges and false claims that they haven't received your insurance payments. Too many people are moaning but not doing ANYTHING ABOUT IT.

Edited June 26, 2010 by Crapstone

[eagleforms]

I sent the following letter to Capstone on 23rd June. I will be interested to see their reply:

 

 

Litigation Department

Capstone Mortgage Services Ltd

P O Box 1075

High Wycombe

HP11 2WK

 

23rd June 10

 

Loan account number:

 

Dear Sir

I am in receipt of your letter of 19th June.

I am becoming very irritated that you fail to credit our mortgage account with the cash that I pay into Barclays Bank using your paying-in book that contains all the details necessary for the payments to be credited immediately to our account. As you know, cash payments are not subject to clearing and are credited to your account immediately they are paid in and the money is available for you to use straight away. The fact that it takes you x number of days to find it is down to the failings of your internal systems and do nothing to detract from the fact that cash paid in should be credited to our account on the day the payment is made.

The payment that you now claim has been missed was paid into Barclays Bank, ---, at 12:09 on 15th June. A payment of £-- was also made into Barclays Bank, ------ on 4th June 2010.

In view of the fact that you seem to lose more payments than you actually find, I am concerned that interest has been charged on these payments during the time that it took you to find them. Will you please look through your records and credit my account with the interest to which you are not entitled.

I am also concerned that you have charged my account with your exorbitant “litigation fees” of £116.00. As you know, any penalty charges charged must be in proportion to the amount of work required to levy the fee. As this is done by computer in nanoseconds I cannot believe that the cost is in proportion to the amount of work involved. Will you please give me details of the cost to prove that it is justified. Simply saying “we believe that they are justified”, will not do. If that is the sort of reply I receive, I will immediately be complaining to the FOS and the OFT, whose rules you will be transgressing.

I am also concerned that whilst I was promised earlier in the year, that the person to whom I spoke would examine my account because a number of charges levied from November 2009 to February 2010 appeared to be in error, nothing has been done.

I note from my recent statement that more litigation charges have been applied to our account and I would like these to be examined in light of my comments above and credited back to my account and the arrears figure adjusted accordingly.

I look forward to your reply by return.

 

Yours faithfully

[eagleforms]

Hi Guests. Why not join and then you can comment on anything that interests you? If you are from Capstone, we would love to hear from you if you have the b.lls.

[sawyer]

I wonder where the money is going