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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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SPML/LMC anyone claimed for mis selling and unfair charges?


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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

 

 

Hi, if your paying into the same account as me, just found out it's been closed.

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Sawyer, whats happened with your payments then, they will need to take responsibility for not informing you their account has been closed, ok I do realise that pigs will be flying past my window before they take any responsibility for their sheer ineptness!!!!

 

I had a letter saying they are looking into my verbal complaint regarding charges, have also lodged with FOS, can see that this will be a very long drawn out process, but I am patient!!!!

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Hi Guys

 

Brandon seems to be involved in a lot of companies

Basic details for:

 

LCB01023 - Lee Christopher Brandon

 

Details:Title/Forename(s)/Surname:Mr Lee Christopher BrandonCommonly known as:LeePrevious Name(s):Mr Lee Christopher BrandonStatus:ActiveIndividual reference number:LCB01023

Controlled functions - Current

 

Controlled functionsFirm nameStart dateCF1 DirectorSouthern Pacific Mortgage Limited 29/04/2010 CF1 DirectorPreferred Mortgages Limited 29/04/2010 CF2 Non Executive DirectorHighlands Insurance Company (UK) Limited 25/11/2003 CF2 Non Executive DirectorNippon Insurance Company of Europe Limited 01/12/2001 CF3 Chief ExecutiveSouthern Pacific Mortgage Limited 21/06/2010 CF3 Chief ExecutivePreferred Mortgages Limited 21/06/2010 Responsible for Insurance MediationPreferred Mortgages Limited 21/06/2010 Responsible for Insurance MediationSouthern Pacific Mortgage Limited 21/06/2010

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Hi everyone,

 

Just been reading through alot of the posts on here and found myself nodding in agreement to most of it!!

My partner & his ex took out a loan secured on his house with London Mortgage Company after contacting loans.co.uk in 2004, it has recently changed to Capstone Mortgages and all I can say is that they are an absolute bunch of clowns!!

My partner was made redundant in April 09 and used redundancy money to keep up with repayments, his ex gives him half every month, but after about 7 months we were struggling and ended up in arrears, we contacted lots of organisations etc to see if anyone could help but not alot could be done. He found contracting work in December 09 and from then on we have been paying back £600 per month instead of the £380 that it should be, all was fine until Capstone took over, since then it has been nothing but hassle!!! Currently we are in arrears of £800.

 

We couldn't set a direct debit up initially as he was paid weekly and London Mortgage Company were fine with the payment being a couple of days late as long as it was paid in before the end of that month. We, stupidly, presumed that Capstone would be the same and got a shock when we received a letter saying the we would be charged £25 for the payment being 3 days late!! We had called on the 25th May to explain the there was no way we could get into the bank until the 28th and were told that was fine, we called after receiving the letter to explain this and finally managed to get the charge removed.

 

Seeing as my partner had found a permanent job, we asked if we could set up a direct debit to start from June 25th to avoid this happening again and after alot of tooing and froing, we were assured that it had been set up and everything would be fine. The 25th June came and went but no money was taken and no DD was appearing on the account, we called on Monday 28th to be told that the money had been received and there were no problems with our account, we told them that the money had NOT left our account and wanted to know what the issue was. We were told that their systems were slow and to call back today to see if they had caught up yet.

 

We called back today and spoke to someone who, as far as I am concerned, should not be allowed to work in a customer facing role. He did not have a clue what he was talking about. At one point he advised us to wait another couple of days to see if the system had caught up but them a little later told me that if we didn't go into Barclays and make a payment TODAY, we would face late payment charges!! We then contacted our bank and was told that no attempt had been made to take the money from our account or set up a DD. We called Capstone back again only to be put on hold while someone looked at our account, they never came back and we were hung up on!! We called straight back to again be told that the payment had been received and there were no problems, we asked how this could be possible as there was not even a DD set up, at which point we were tols that it was a bit wierd!!!! No, not wierd, just a further sign of Capstones incomptetance! We now have to make a trip into our nearest town just to make a payment into a Barclays to ensure we are not charged a late payment fee. Oh and we have no found out the the DD had actually been set up to go out in November, what good that would have done, heaven only knows!

 

We will now have to wait until next month to see if the DD has actually be set up correctly, I will keep you posted!! lol

 

Sorry for the very long post but wanted to let everyone know the history of the loan and have a vent!

 

:(

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Put that all in writing to them as a complaint. I've had them hang up on me, laugh when they sent an a eviction notice by mistake, and try to cover all their mistakes by fraud. I say fraud..what else would you call it when they had recieved payment and then denied it by fixing the paperwork? Blanking out those parts on a SAR but the other one that was sent filled in the missing parts.

 

Don't hurry yourself ..let them hang..If you've made the effort and they have made the mistakes. I wasted so much time and money fretting over phone calls when I should have been writing letters and complaining instead.

 

It's not 'weird'. They have a habit of not processing payments and problems with DD's. The FOS are aware of this and Capstone whine that it's not their fault and blame everyone but themselves. They blame the banks but that don't wash ..All other payments go through and if they know there is a problem they should address it and compensate for it.

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Just had an interesting letter from the Clowns saying that they will be collecting the monthly DD slightly later for the June payment and apologise for any inconvienience! Ermmm two things (which I have just pointed out to them in no uncertain terms) A) The letter is dated 01 July 2010 and is telling us the payment will be taken on 05 July 2010 [should have been 25th June] that in itself is a blantant breach of the DD gaurantee. and B) They already have Junes payment as we paid it into their Barclays account!

 

They have not said that they have not recieved payment but told us they cannot stop the DD going out on Monday. I explained that was the exact reason that I did NOT want to pay the payment into their bank in case they tried to recollect the payment at a later date...... I was gauranteed that would not happen!! Haha IT HAS!!!!! The money is not in the bank so no danger of them getting a double payment for June and a supervisor (first person I have spoken to there that seems to have a brain larger than a fly) has told me that if we are charged, send them the letter from the bank and they will refund the bank charges because it is totally there fault that these errors have been made. I nearly fell down the stairs when she said that!! I highly doubt that they will refund the charges that the bank will put on for an unpaid DD and I wish I had recorded the phone conversation! lol

 

We have spoken to our bank and they have said that there is not a DD showing on the account but there is a chance that they have set one up and it won't appear until they take the first payment. So they cannot put a stop on what doesn't appear to be there. We will probably get to Monday and nothing will happen as they seem totally unable to set up a DD anyway! lol

 

The thing that makes me even more angry is that my partners ex, who has the joint loan with him, just sends half the payment every month and has no hassle from Capstone or LMC, has no worry that her house will be repossesed and the loan was initially taken out to pay off her debts!! She then left my partner 3 months later!! I don't know whether there is anything that can be done about getting her to be jointly responsible in more ways than just her name on the loan but hey, only 4 years of this C**P to go!!!!

 

Thanks for listening/reading everyone, so glad to have found this forum! :)

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The Supreme Court - Future judgments

 

judgement to be handed down on wednesday....thaks to Postggi on the welcome thread for the link.

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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Capstone makes people homeless with any legal trick they can think up a change of name is not going to save them from the regulators and any claim people have that had there homes taken from them Acenden vultures more like

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*****UPDATE*****

 

The clowns did NOT attempt to take the DD mentioned in my last post!!! lol I, somehow, thought that may be the case!! Still I have the letter that they sent to tell us that they were going to and receipt from the bank saying we payed into there account before the letter was even written. I am collecting everythign and only going to communicate with them by writing from now on, unless its very urgent. (Do they even understand the word URGENT??!!!)

 

Oh and the Supervisor that I thought had a brain larger than a fly never did ring back as she said she would! Maybe I should get even more cynical??

 

:)

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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

Have now had a reply that says that they "are sorry that I have felt it necessary to bring this complaint because SPPL aims to provide a high level of service to all its customers. It is disappointing to hear that you feel that your experiences so far have been unsatisfactory." Sorry, SPML, but I thought that you had been watching this thread and might have picked up that there was a slight degree of disappointment by your clients about the way you run things, why not ask those hundreds (thousands?) of families you have made homeless whether they are just slightly disappointed with their experiences of dealing with you!

They reckon that they will let me have their findings in 4 weeks time.

They have ignored my request to let me know how their fees are made up, which is one of the most important parts of my letter to them.

If you are watching this thread, Capstone/SMPL or whatever you may call yourselves now, I will be doing what I said I will do if I don't get an answer.

Anyone else feel that they have not received the high level of service that Capstone pride themselves in?

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Anyone else feel that they have not received the high level of service that Capstone pride themselves in?

 

Oooh. Now let me think.....

 

JUST ABOUT ANYONE WHO HAS EVER BEEN INVOLVED WITH THE **** SUCKING PREDATORS

 

Just a wild guess though.

 

Mortgage Strategy "interview" with Amany Attia

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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Don't waste your time...just go over your acounts. We already know they are a bunch of clowns that coudn't run a p up in brewery. But it's down to you to find what they have done wrong in your case. Give them the rope and let them hang. Be nice but firm..and don't just ask for one copy ..ask for several as their little black pen picks and chooses what it deletes.

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I read a post by Ell-en yesterday about a letter she sent to Capstone about refunding late payment fees. Cannot find it now but want to send similar letter to them as keep getting stung by them. Anybody know where it was please?

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Hello

I have been looking for information on SPML/Capstone. We have a mortgage with company and we are experianceing problem after probem with them. I have been reading the horride stories on here but the dates are 2009.I was wondering if anyone is still going through problems or has any advice on how to deal with this company.

 

regards.

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