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

[enoughisenough]

and wish i could somehow legally put my payments on hold whilst investigations take place. If there is a loophole that lets me do this please do let me know.

 

None that I've discovered, I'm afraid to say. Yet...

 

Keep the faith. EiE.

[enoughisenough]

Hi all

Had letter back from adjudicator at FOS today and they have stated that they do not consider that the evidence available would suggest that the lender has not acted innapropiately and as the account is heavily in arrears then they are entitled to seek possession.

 

It further states if I am not happy with there outcome I have till 3rd Aug to complain. Any ideas what I can do? feel like im constantly hitting a brick wall

 

Hi Dotty

 

Not sure moving forward how to help. I know your arrears are huge but have you been able to quantify the charges? This might be your only chance of success. At this stage the FOS are getting flooded and there's a kind of sifting going on.

 

Unfortunately they are more likely to intervene in PPI cases and very moderate complaints (easier to resolve) than get involved in anything that they see as the work of the courts.

 

If your charges are massive (i.e more than 50% of your alleged arrears) I would think about what you want to do next. 3rd August seems like a very tight deadline.

 

I would itemise the charges and then send that along with the post above on UTCCRs above to both your friends and mine at the FOS and the TPA masquerading as a legitimate operator.

 

You have been through hell with these people and they have paid no regard to your circumstances.

 

However it's also the case that very large arrears cases will not be dealt with at all sympathetically.

 

There must be some grounds on which you can fight.

[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.

[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.

[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.

[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.

[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.

[enoughisenough]

Hi

 

I hope that whatever deal you have struck with them keeps you financially stable and works out for you. I'm a cagger by force of circumstance. I dearly wish that capstone would behave more reasonably and fairly than they do but experience tells me otherwise.

[enoughisenough]

my advice is to talk to capstone and be an advocate for your case

 

...tried that one until I was fed up to my hind teeth...

 

liars, imposters, cheats. They even have their legal representatives lying in court.

[enoughisenough]

They are ****. I've been keeping to a very hefty overpayment and guess which way the arrears have gone?

 

Filth...

 

Anyone else got good news from these moronic mortgage 'administrators'?

[enoughisenough]

Hi all.

 

I'm having a lot of difficulty with this. There are in excess of 1000 posts on this thread alone, not one of them (except for catchy) saying if you just give them a call they will sort things for you. I've had a torrid time with them even though I'm keeping to an overpayment. The arrears just keep on going up and up and up. The charges are shocking and it's now before the FOS.

 

If I ring them catchy will they refund my charges? Yes or no? I guess it will go something like this.

 

ME: I've heard that if I call you you'll refund all my charges. Can you do that?

THEM: Where did you hear that?

ME: From one of your other customers

THEM: Can I put you on hold?

ME: OK.

 

 

....LONG WAIT.

 

THEM: I'm sorry but our charges our fair and they're in your terms and conditions.

ME: But what about the fact that they are probably unlawful and have been criticised by the OFT the FSA and the FOS and whenever the FOS tell you to you do refund them?

THEM: Sorry, we can't refund them.

 

Sound familiar anyone? Fact is you HAVE to either take them to court (risky if you're in "arrears") or wait your turn at the FOS. They will NOT give them back lightly or out of so called 'compassion'.

 

Keep the faith. EiE.

[enoughisenough]

As regards the FOS time and pressure...time and pressure...time and pressure...

 

EiE

[enoughisenough]

Hi All (again!)

 

I just want to capture this good vs evil Capstone debate.

 

So I have helpfully pasted together our latest contributor's arguments with our responses.

 

I would use all the colour tools and the bolding etc for emphasis but I'm bored now!

 

Here goes: CAPSTONE: GOOD OR EVIL? PRESS ONE FOR YES, 2 FOR YES, 3 FOR I'M JUST POPPING OUT FOR A CIGGIE WHILE I DECIDE 1 or 2, 4 FOR YES AND FIVE FOR ALL OTHER ANSWERS BEGINNING WITH Y AND ENDING WITH S. PLEASE NOTE THAT ALL VOTES MAY INFLUENCE YOUR ABILITY TO OBTAIN FURTHER CRAPSTONE MORTGAGE PRODUCTS SUCH AS OUR NEW SH1T + MORTGAGE.

 

OK all

 

I'm not actually going to reveal my full hand.

 

But there's a simple acid test here. Can anyone guess what it is?

 

Think a bit outside the box as crapstone said and you should get there. Right?

 

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

 

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

 

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.

 

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

 

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

 

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

 

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

 

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.

 

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.

 

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.

 

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

 

Hi

 

I hope that whatever deal you have struck with them keeps you financially stable and works out for you. I'm a cagger by force of circumstance. I dearly wish that capstone would behave more reasonably and fairly than they do but experience tells me otherwise.

 

I reserve judgement but knowing what they are like almost 7 years in and through thick and thin...

 

No if u read my note they have reduced the charges by >£1500.

I know u all think it odd put sometimes , just sometimes the most negative companies do do something that is positive for you And before anyone goes on i took this mortgage in good faith , got in to arrears, had a suspended possession hanging over me.

 

Now i have a normal mortgage that has increased by 2k, no possession order and i can get on with my life and a payment record that now is perfect.

 

my advice is to talk to capstone and be an advocate for your case and do a deal that in the long term is in your best interests.I think they keen to deal to get rid of there book of bad debts

 

my advice is to talk to capstone and be an advocate for your case

...tried that one until I was fed up to my hind teeth...

 

liars, imposters, cheats. They even have their legal representatives lying in court.

 

I don't know if you have noticed verycatchy but what do you think we have all been doing for x amount of years? Each case is different but we are all advocating against Capstone in some way and drawing a big, fat blank.

 

The only truth I see is that they are bare faced liars who are rude at the best of times. They don't even know how their own operation works and they throw their dummies out of their pram when you challenge them. So they reduced the charges...they took off mine too..because they HAD to.

 

They have only their own interests at heart and it's not one of compromise.

 

They are ****. I've been keeping to a very hefty overpayment and guess which way the arrears have gone?

 

Filth...

 

Anyone else got good news from these moronic mortgage 'administrators'?

 

Capstone applied for a warrant for eviction, please help

 

Has anyone seen this thread?

 

I'd be taking more severe action than what is being suggested. You can write letters until you are blue in the face and be as mild-mannered as you like ( no offence Ell-en, you do an excellent job!) but there comes a time when you call an end to it and show some teeth otherwise they and the courts will walk all over you.

 

I do really think that you have areal problem, so who cares if they HAD to get rid of your charges? They got rid of mine as an act of compassion and they should be congatulated for this.I realise not everything is rosy in capastone world and they are cheats , but for me they have helped me.

I dont really care what u think or say as this is not my experince with them.

 

I do not want to appear rude verycatchy7939 but we are all entitled to our views and opinions. You obviously have had a very different experience to the majority of people on this site and i dont feel crapstone has a problem at all he is just sharing his experiences like myself. If you had gone through half of what we had then i doubt very much if you would be defending capstone at all. If you have no problems with them then maybe this site is not the place for you unless you have a different motive for being on here.

 

So you may now feel that i have a problem well yes i have and its called CAPSTONE

 

like i said i am not being rude to you just voicing my views.

 

Hi all.

 

I'm having a lot of difficulty with this. There are in excess of 1000 posts on this thread alone, not one of them (except for catchy) saying if you just give them a call they will sort things for you. I've had a torrid time with them even though I'm keeping to an overpayment. The arrears just keep on going up and up and up. The charges are shocking and it's now before the FOS.

 

If I ring them catchy will they refund my charges? Yes or no? I guess it will go something like this.

 

ME: I've heard that if I call you you'll refund all my charges. Can you do that?

THEM: Where did you hear that?

ME: From one of your other customers

THEM: Can I put you on hold?

ME: OK.

 

 

....LONG WAIT.

 

THEM: I'm sorry but our charges our fair and they're in your terms and conditions.

ME: But what about the fact that they are probably unlawful and have been criticised by the OFT the FSA and the FOS and whenever the FOS tell you to you do refund them?

THEM: Sorry, we can't refund them.

 

Sound familiar anyone? Fact is you HAVE to either take them to court (risky if you're in "arrears") or wait your turn at the FOS. They will NOT give them back lightly or out of so called 'compassion'.

 

 

EIE

[enoughisenough]

Sorry all !

 

EiE

[enoughisenough]

A small glimmer of hope! Looks like the FSA will have to do something now.

 

BBC NEWS | Business | MPs attack mortgage arrears fees

 

UK Parliament - tc0809pn080809

 

Oh how I pray they are one of the 4! If not they bl**dy well ought to be.

[enoughisenough]

Let me try to take those points one by one.

 

so u really going to put you faith in MP who are guilty of fraud over there expenses to make the FSA do what they should of done ages ago.

 

Fraud is a Criminal offence under the Fraud Act of 2006. Of the 14 members of this committee who admittedly are not completely squeeky clean, on their expenses, not one as far as I can see has been officially censured. Some have come in for criticism and some have what appear to be very high expense claims. Most of them seem to claim what might be called legitimately. None of them has been convicted of Fraud and so none of them are therefore guilty of Fraud

 

As for making the FSA do their job. Yes I believe they will. How far the FSA cracks down is a moot point but there will be something done.

 

I think you got more chance of Gordon Brown becoming Pope.

 

I don't care much for either of them, but this is a none argument anyway because I believe that whilst there is no chance of GB as pope there is some chance of the FSA doing something. I admit this may not be as much as we would like.

 

This country is run by big corporate institutions who basically do what they like when they like.

 

This is a counsel of despair. I bet they didn't like refunding all those dodgy PPI claims or bank charges. It's not all a one way street yet you know.

 

Capstone are part of a bankrupt bank, yet beacuse they do work for Barclays they are suddenly a stand alone bussiness from the now defunct Lehman Brothers, so why has htis company not been wound up?

 

You seem informed on this one. Can you post a brief corporate history of Capstone so we can all become a little more clued up on who they are, where they come from and how they work?

 

keep the faith. EiE

[enoughisenough]

Hi All

 

I have just come across this Statutory Instrument

 

The High Court and County Courts Jurisdiction Order 1991

 

 

…which means that every enforcement of a County Court order for repossession may be entirely unenforceable without an order of the High Court.

 

Enforcement

8.—(1) A judgment or order of a county court for the payment of a sum of money which it is sought to enforce wholly or partially by execution against goods—

(a) shall be enforced only in the High Court where the sum which it is sought to enforce is £5,000 or more and the proceedings in which the judgment or order was obtained did not arise out of an agreement regulated by the Consumer Credit Act 1974[28];

 

(b) shall be enforced only in a county court where the sum which it is sought to enforce is less than £2,000;

 

© in any other case may be enforced in either the High Court or a county court.

 

Basically what this means, in my understanding, is the following

 

1.They repossess your home with a court order.

 

2. They issue a warrant court form 49 which you are never allowed to see, even though it is your right, under CPR 5.

 

3. The warrant is always for seizure of goods (this includes property)

 

4. The value is above the said seizure and above the county Court limit

 

5. The County Court HAS the jurisdiction of ordering the possession but HAS NO jurisdiction of enforcement without an order of the High Court.

 

Anyone want to argue the contrary?

 

Keep the faith. EiE.

[enoughisenough]

Originally posted by Sparkie

Can't see one on that .......But also it looks like that any claim for possession over £30.000 can only be dealt with by the high Court.

 

Since most possession orders i've ever seen include the whole mortgage value and a money order I don't see that this is a case of can't see one on that...

 

They will never ever let you see the warrant and since the warrant always states goods the high court is the only place for enforcement. Bet you a tenner I'm right!

[enoughisenough]

Does this warrant its own thread or is it a dead duck?

 

If so, why?

 

Suetonius....

Edited August 12, 2009 by enoughisenough

[enoughisenough]

Can't believe that thos thread has gone so tame. We are talking here about one of the most vicious and scurrilous sub prime **** bags in the history of mortgage finance.

 

Their acolytes are still actively screwing innocent victims out of their homes. We need to raise the game here or is everyone so paralysed by fear we start with a bang and go down with barely a whimper?

 

Not trying to insult anyone here honestly but posting gives encouragement and support. We are all fighting battles using whatever effective means at our

disposal so I can see the issues involved in not posting. BUT for hope there must be life and this thread needs breath

[enoughisenough]

People are fighting tooth and nail at the moment. The council of mortgage lenders figures are a complete whitewash.

 

Campari2. Whatever your info from SPML they will not answer queries properly.

 

UND - as I said fighting battles. However my advice is based only on the CAG of life. I have no professional qualifications in law. PLease bear this in mind. I will obviously look at your thread though.

 

These relentlessly moronic scumbags need their collective heads examined. They can't even audit properly and I'm seriously thinking of "SOCCER" now. For those who get that fine, for those who don't - don't worry.

[enoughisenough]

Originally posted by littledotty27

 

My reasons for not posting are due to the fact,i've run out of ideas of what to do,i've hit a brick wall!!!

Nobody legal wants to help and the fos have listened to spml's bull but are not interested in our side of things.

 

I'm tired,run out of patience and alot of other things on mind to deal with.

I AM PHYSICALLY AND MENTALLY EXHAUSTED BY IT ALL.

 

Hi Dotty

 

There was no implied criticism here.

 

I just felt that it was really important to keep this thread going. We are dealing here with the worst **** on the face of the planet. They deal in human misery for money. But they can be beaten and will be held to account for what they have done.

 

I feel for you and your despair but please keep hope.

Edited August 22, 2009 by enoughisenough
Typos

[enoughisenough]

The No 10 website won't do it for us. However there are already other things in the pipeline that might.

 

Keep posting and keep fighting.

[enoughisenough]

It's now being administrated by Price Waterhouse Coopers. And it's a real effing headache because no one really knows what to do with it all especially as the investors in the notes are screaming bloody blue murder. The FSA keep asking the FOS to delay action on behalf of the investors! We are nowhere in the food chain of priorities. My guess is that it will all end up with the fat cat of barclays.