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

[Crapstone]

Hi, Please please please can someone tell me if there is anything else i can do to complain against Capstone.

I now have 3 ongoing complaints as follows:-

 

1 - arrears payments of an additional £50 are not reducing balance because of the interest being charged on arrears and i am being charged £20 each month for paying on the 20th instead of the 1st even though this was what the Judge ordered.

 

2 - Data protection my details were sent to a solicitor of whom i have no connection with.

 

3 - Full subject data access request not complied with, Capstone have admitted this on phone today and have escalated the matter. I have asked it to be officially logged and i was gobsmacked to be rang back within 5 mins with the complaint ref. I had to wait 2 days before i could ring back for the other references.

 

Interestingly i have worked out between my complaint nos that there have been 154 complaints logged in the last 10 days.

 

I have now filled in the form for the information commissioners office for the data protection complaint. I have to wait 8 weeks for the Fos to take on the complaint.

 

What can i do now about the non compliance of the SAR.

 

I want to throw everything i can at these now i am totally fed up with my time and energy that they are getting from me.

 

Also can i claim for my time.

 

I await your responses which i know as usual will be superb.

 

Thanks all

 

 

Firstly take a deep breath and stop grinding your teeth! I know just how much it wears you down:x

 

If you haven't already then go through everything you have from them to make sure you haven't missed anything.

 

I can't see why the *&^* they could charge you £20 when the court applied the payment date. They would have had the opportunity to say that a charge would be applied and that this would affect your arrear repayments.

 

I wonder why I bother myself as they are applying £115 in charges when the court ordered £50 in arrears to be paid..£65 worse off plus the interest and I've already been through the FOS once who told them that any charges had to be refunded and future charges would be looked at dimly!!!!

 

The way I look at it ,and from what the FOS implied, is that Capstone accepted the payments on the arrears in court and were free to object or state that any charges would wipe out any effort to pay the arrears. The court was trying to ensure that the arrears could be paid over the term of the debt but Capstone clearly have other ideas.

 

I think the only solution on this is to go back to court and get these issues resolved before Capstone go for eviction. OK the FOS wiped out my charges but Capstone invented new ones and waited until the final decision had been made to apply them so it's back to the drawing board again.

 

Send off your complaint if they haven't complied with your DPA. Mine is a mess and far from complete so your won't be the only complaint against them.

 

I don't tend to worry too much about compensation for time etc. I just want the law applied to them and to get them off all our backs once and for all.

[Crapstone]

Hi when i rang the FOS they did say to me that if a judgement had been made for a suspended possession or a repossession then they were unable to get involved.

 

I hope littledotty that you are able to get some help i think the whole system stinks and we should not let these poor excuses for human beings get the better of us.

 

Good Luck

 

The FOS acted for me against SPML/ Capstone even with a suspended repo. I think it's only pending action they steer clear of and issues that have already been subject to a court decision.

[Crapstone]

Little Dotty,

 

The FOS should at least be able to look at the charges as these can't be included in your arrears figure.

 

They can't over-rule any decision made by the court on what rights Capstone have to repossess or if it's lawful.

 

If you can update us on the level of arrears, equity and your current circumstances now it may get the cogs going for a way forward or at least a delay.

 

Don't be afraid to go back to the court to ask for a variation of any order that's been made.

 

You can also use the Buddy system here for someone to help out that's local to you. You might not want them to go to court with you, look at paperwork or visit you but they can still be there for a chat, meet up for a coffee (tea) and general moral support if you need it.

[Crapstone]

Well got my letter acknowledging my complaint arrived today, they have said that they aim to resolve all complaints within 4 weeks. They are very sorry blah blah blah i have felt the need to complain. Soooooooo we shall await their further responses. Strange thing is though they originally told me they could only deal with each complaint seperately so i raised 3 different complaints. Now they have responded and listed all my complaints under the one reference.

 

i am just so tired of all of this and sometimes really do wish i could just hand my keys back and walk away but then i know i will end up with a huge debt for ever so would still be no better off.

 

:( :(

 

A load of tosh what they told you.. just write one letter and put all the complaints in it. But bullet point them as that's how they respond and they often miss points that are raised or just get them totally wrong.

 

Have you managed to get any copies of your original application/ offer/deed yet or asked for inspection of them?

[Crapstone]

Hi Crapstone,

 

I have managed to see copies of original, i have to say some of the writing does not seem like mine. Another strange thing is the photographs of the house are not actually pictures of my house. These were sent with the surveyors report. The offer all seems in order to be fair, i just cant make head nor tail of my statements there is a difference of around £900 against me and i cant figure it out ive done all charges etc which equate to about £1600 but obviously they add it onto the arrears figure so it makes it look like i am 10 months in arrears when i am only around 6.

 

I am still waiting for the rest of my SDA as they are way over the 40 days now and have still only sent me 30% of what they should of sent.

 

When will it end, i really cant win at the moment i want to move in with my fella but they wont let me rent out until i have paid the arrears which i cant do soooooo i will just have to move out and keep paying the mortgage for any empty house. Its time to move on.

 

Hi,

 

It seems strange that the photos aren't of your house but I wouldn't worry too much about that for now as it's the written documents that are important.

 

I've tried to add up my statements several times and they don't equate, so you aren't on your own. The difficulty is that they list random amounts that don't have any meaning and aren't on the tariff and charges list. They make it up as they go along and add, reverse and add again.

 

It's pointless paying a mortgage on an empty house. If your only way forward to pay off the arrears is to rent the property out then it's unfair that they won't let you but it could be costly if they did. You'll also still be liable for insurance, council tax and water charges (if applicable)..

 

Can you find someone you trust to 'house-sit' in return for a contribution?

[Crapstone]

Hi Crapstone, i've considered the house-sit but i am worried that i may find myself in further trouble. Capstone have stated no way will they let me rent it out before clearing the arrears and then if they do grant me permission they will charge me an additional 1% which i think is standard practice anyway. I have tried to sell the house for a year now but with no luck, worse still i have to pay for my HIP this month thus leaving me with no money to pay the mortgage. I give up at times i really do. If i did hand the keys back what is the situation regarding any shortfall in the mortgage, i am aware that i am liable for mortgage payments till the house is sold. I am just thinking long term would i be better off, my credit rating is shot anyway but at least i could draw a line under it all and just keep paying off the deficit. Obviously what i dont want is to be forced to pay an extortionate amount each month which would end up leaving me worse off.

Another question my partner is unaware of the pickle i am in and his credit rating is faultless, when i move in with him does that instantly affect his rating or only if we have some kind of financial connection eg bank account.

 

So many avenues to explore and i just dont know which road to take right now.

 

If you hand the keys back you are liable for the mortgage, insurance and the bills until it is sold. You are also liable for all associated costs such as changing the locks, repairs, advertising, admin, auction fees, legal fees, deeds release and early repayment ( a dubious area). Plus interest and any shortfall.

 

It will be like handing your credit card and pin over to them and say spend, spend, spend.

 

If it's that bad then you'd be better off staying in control and selling the house at a lower price or at auction, on reserve. At least you know what you are letting yourself in for.

 

Even after the house is sold you will be liable for all the debts and they may get a CCJ against you or try to make you bankrupt (which is very unlikely if you have no assets). If you don't pay the CCJ they can secure it against any property you may have an interest in or use other enforcement means, even years later.

 

On a personal note, you should tell your partner, as it's not a good footing for a relationship if you can't talk about your debt and you aren't being straight with them. If they are the 'one' they will understand and help.

 

My OH told a few lies and covered up but what hurt the most is that he didn't trust me to help and thought I'd be angry. I felt more for him having bottled it all up and carrying the burden alone instead of sharing it and getting it sorted.

 

Your partner can't be responsible for any of your debts and unless you have any joint accounts or financial ties they won't be affected.

 

Keep in touch with Capstone and tell them your situation. They won't offer much help but at least you will have the paperwork to prove you have tried to negotiate.

[Crapstone]

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.

 

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

[Crapstone]

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

[Crapstone]

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

 

I beg to differ that they are not OK. A letter means nothing unless the court has backed that up. Everything they do is for an underhand reason. They can't get the simple things right so it's probably just a letter sent in 'error', just like the eviction order they sent me and laughed at.

[Crapstone]

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

 

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

[Crapstone]

Hi all well received a letter from capstone today saying they have complied with my SDA request blah blah blah post office no and confirmation of delivery. They were sorry to hear that i felt it was incomplete - too right it was so as a matter of urgency they are compiling me a new set - free of charge - they are soooooooooooooooo kind !!!!!!!!!!! if they do not hear anything from me within 8 weeks they will consider the matter closed. Should i do anything else now or just wait to see if they send me a complete set because they have not complied with the 40 day ruling so should i go to the FOS.

 

Help please thankyou

 

They did the same to me and added in a few obvious letters they missed out from my exchanges with Mr Merek. There are loads of documents missing and I'm not taking their compensation, although I'm going to drag it out to suit myself. They keep asking me what I'm going to do, so they can update their records. Half of it is done so they should know.

 

Get your complaint in to the FOS, don't rush it and list all you can.

[Crapstone]

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.

 

To help you out? You still owe the same money and they will get every penny of it. You make it sound as though they have done you a favour in some way .. you'll learn otherwise.

[Crapstone]

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

 

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.

[Crapstone]

http://www.consumeractiongroup.co.uk/forum/repossessions/213298-capstone-applied-warrant-eviction-2.html

 

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.

[Crapstone]

Hi, i wonder if anyone can advise, i have posted previously on this case i applied for my SAR and was sent a very poor attempt at my paperwork so complained and was sent an apology saying a full set would be sent URGENTLY ha ha my sides are splitting from laughing. I have contacted them again and have been told i will get it soon but there are some things that i will not get because they are not relevant. I asked what these are but was told it didnt matter i also asked for a breakdown of the solicitors charges of about £700 ish and was told they do not get a breakdown just a copy of the total amount due surely not ???????????????????????

I asked for another copy of a document that i received and was told that i had no right to it and shouldn't of had it in the first place mmmm ( dont want to mention this right now incase of unscrupulous people on here) I mentioned the FOS and OC and the lady didnt even know who the OC were ?????

 

I cant explain in words how much i absolutely despise this company and the way it deals with us. Hopefully together we will make them pay for their antics. The sooner the better say i

 

Anyway back on track does anyone know which documents i might not be allowed to have. Thanks

 

Hi uneverdid,

 

Capstone are morons. They sent me a copy of an SAR which was different to my OHs' when it came to blanking out . They are incapable of complying with even the the most simple request and haven't a clue on what they should be doing.

 

They say that they can't disclose 3rd party material but they do. They lose the most relevant documents and make it up as they go along. Show some teeth and get angry with them. Push the barstewards into a corner and watch them wriggle, squirm and come out with utter BS.

 

They told me that any submissions made by my broker would have to be got through him and they weren't allowed to reveal anything. Perhaps that's because they previously admitted they have lost all the original records.

 

Ask for copies of the solicitors invoices. They are vague and it doesn't show a breakdown. It refers to their list of costs which of course isn't enclosed and seems to be a set fee.

 

If I had to put in words what I thought of Capstone, I'd be banned from this site and if I put actions to the words I'd be locked up.

[Crapstone]

Hi Little Dotty,

 

I agree, it's not easy with the FOS. Keep your complaint as simple as you can on factual points and send as much as you can to them, all clearly highlighted so they can pick out the bits you are talking about.

 

Call them and keep them updated on changes, new letters you receive or any other supporting evidence.

 

I think I won in the most part because of Capstones attitude towards the FOS.

 

Good luck with your next attempt.

[Crapstone]

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.

 

And I assure you that I don't give two hoots that someone here is defending them. I told you previously you are entitled to your own opinion and if that's your experience of them then fine. But please don't tell me that anyone other than yourself should feel the need to congratulate the barstewards for doing what they should be doing in the first place.

 

Looking back through all your past posts they seemed anything but compassionate, hence the need to ask for help. You'll be telling us they send you birthday cards and bunches of flowers next. I don't think I have any problem other than Capstone and if you don't care what other people think then you have no place on a forum that is actively trying to keep people in their homes through reasonable and civil discussion.

 

Like other people here I have been to hell and back with them, SPML and my broker. They almost destroyed my family and pushed my OH to the brink of suicide because of their lies. Until I was helped by the kind people on these forums that freely give up their time to share their knowledge and experiences, I thought it was happening to us alone and it was all our fault. Knowing that it isn't my imagination when Capstone screw up and other people have exactly the same issues is a huge lift in staying sane and in control.

 

If they helped you then great. Everyone here is always glad to see a happy outcome.

Edited August 8, 2009 by Crapstone

[Crapstone]

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.

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

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

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?

 

I don't put my faith in anyone. My aim is to challenge as a consumer and have my voice heard and if I fail then I only have myself to blame for not doing enough. Not only for myself but for others that face the same.

 

What you think, verycatchy, is fading into the background as ignorance and rudeness to those that are trying to make a difference, however small.

[Crapstone]

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.

 

I would imagine they are as one of the highest fee chargers. For me, it's not about the charges. It's more on why we were sold these unsuitable mortgages with little information and the treatment we've had from them. But it's a start.

Edited August 11, 2009 by Crapstone

[Crapstone]

In amongst all that lot 55.10 (4) is an onus on the mortgagee at the hearing to provide a copy of notice served, 'to the occupiers', and evidence it has been served.

 

Would simple proof of posting suffice as service even under postal rules? A sworn statement that it's been sent out first class post isn't exactly evidence that it's been served either.

Edited August 18, 2009 by Crapstone

[Crapstone]

Has full and final settlement ever been used in a mortgage situation?

 

I don't think for one minute Capstone would be able to comprehend any letter sent to them arguing the toss over profit and loss on the portfolio. Even a simple question is beyond them to answer even when they have it in front of them in B&W.

 

They are still relying on the charges and an increase in value on suspended repossessions as a steady income.

 

Is it just me or have Capstone gone very quiet of late and not sending out their usual demanding letters?

[Crapstone]

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.

 

Join the club but please don't give up the fight. We've gone too far to stop now and we need some justice from these rogue traders in one form or another.

[Crapstone]

I dont intend to give up crapstone...NEVER. I am a fighter...not a failure.

 

Good to hear it .

[Crapstone]

You've been dealing with this particular problem for a very long time, l notice. You are also absolutely right in your observations, but, there is still this point about the performance of the contract and the lenders original intention. So, if Preferred never intended to sell me a contract for a mortgage of x zillions for a period of y milleniums, but, only for two lousy years and this without explanation or mentioning in any prosepctus, then they are in breach at best and outright fraud at worse. My mortgage is now running well beyond the preferential term, but, that may be because it was/is prime/near prime. This will, of course, have no bearing once they need to flog their books or more likely realize some cash, something that could happen any minute, considering their financial position. Well, what to do? drop your pants and bend down or stand up and fight? As l did'nt go to any boarding school, l will stand up and fight, hence, l'm looking for ammunition. As for securitisation, this is a completely different matter as it is legal, but, in my opinion not practised as intended and immorally used against the borrower. We can discuss this at a later stage, but, let's commence with the issue of performance of contract. l'm sure that somewhere there in ether space someone knows more than l and will hand me that little helping hand l need to go on.

Gustavius Rex

 

Hi GR,

 

EIE sums it it rather well me thinks...

 

Performance of contract, or the lack of it by a breach, is a tough one to follow up. Proving any deliberate direct personal loss caused by them is hard to nail down and then of course you have to run the court gauntlet, who we all know wouldn't have a clue about securitisation even if it jumped up and bit them on the backside:|.

[Crapstone]

JonCris is the main man about performance. He hasn't been about for a while though. I think he has a very valid argument on the divergence between what it says on the tin and what it actually does.

 

I wanted life breathed back into this thread coz it went too quiet for too long. I'm sure we can get the pressure back on.

 

Angmarie

 

check out MCOB - Detailed but required Reading.

 

Keep the faith EiE.

 

And that leads us back to the misrepresentation and the fact we find ourselves with products that should have carried a health warning and which certainly didn't do what it said on the tin!:-|