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    • I've just looked again at the CCA and it looks like whoever has photocopied it has stuck a 'post-it' note over the credit limit and repayment details, so obscuring a lot of the wording on the form.
    • Hi   I have recently received a copy of my CCA for an old HSBC CC debt. This was apparently bought by Marlin in 2014 and I had previously (before it was sold to Marlin!) asked for a copy of CCA so it was in dispute. All had gone quiet until February this year. This is all complicated by the fact that in 2008 I was advised by Payplan to offer token payments to everyone.  I paid these by standing order and had actually forgotten about them. These continued until 2018  - I know! So it's not SB and wont be for a while Hindsight is a wonderful thing.    Cabot (claiming to be acting for Marlin - same company!) have appeared again with several letters so far and have recently involved their legal arm (Mortimer Clarke solicitors). After sending them a CCA last Friday,  as they were once again threatening legal action, today I was sent a copy of a CCA, the print was dated February 20 interestingly.  The time they decided to contact me again.   I am prepared to go to court over this if necessary. I can only pay what I can afford. As I owe a lot to other companies, some of who may have given up - I've only had a pre court letter earlier this year from MBNA who I asked for a copy of the CCA and heard nothing since, I really don't know where I stand with repaying any debts. I don't know what I owe or to who anymore. I have limited funds at the end of each month despite working full time. I had a small payout for PPI which I was considering putting towards the debts but was advised not to! Now as a lot of them have gone quiet again (for now) I don't want to get in touch with them.   With the CCA which all looks as it should. They  (Mortimer Clarke) have enclosed an income and expenditure form which they have asked me to complete in 14 days. The total amount is £3 k. What should I do now? I wonder why this has only just appeared after all this time. I can't give them £3k as I don't have it. If I did have it, then that wouldn't be fair to the other people I owe money to.   I am tempted to just ignore it and wait for them to take me to court  
    • Please post up the letter in scanned pdf format
    • does it mention the pre action protocol and include a separate response pack?  and is titled letter of claim   that doesnt sound like a PAPLOC to me just a threat-o-gram.   they cant add extra charges, they must give you (under PAP) the option of pay now or warn yo in 30 days they will raise a claim through northants bulk court. and they must include a reply pack for you to fill out.   is this a B2B transaction too..
    • @dx100uk thank you very much. It will be a huge help.
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littledotty27

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

Recommended Posts

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 ;)

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companies house webcheck

 

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


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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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!!

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

WELL FOUND BRASSED!!!!!

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heres the link .... sorry!!

 

WebCHeck - Select and Access Company Information


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

WELL FOUND BRASSED!!!!!

:D

 

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


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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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.

 


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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

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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.

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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... :-)


If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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Hi sced

 

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


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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).

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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...


If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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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

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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.

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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 by Crapstone

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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

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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.

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I wonder where the money is going :rolleyes:

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My cash payments made into Barclays have also gone missing. Capstone have instructed solicitors to issue a warrent for possession.

Now! just where has it gone !!

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Looks like Attia now has her replacement.

 

Some guy called MR LEE CHRISTOPHER BRANDON

 

Appointed on 24/06/2010

 

Sced

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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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which account is that?

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