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SMPL Complaint/Ombudsman


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I've have had a mortgage with SMPL for the last 5 years and have a suspended repossession order for repayment of £50 on top of the normal payments from 2 years ago. My partner foolishly stopped paying them in dispute to not having his letters or calls acknowledged without telling me :( . By that time SMPL's solicitors were involved and despite an agreement not to go to court and a promise to pay they still went ahead knowing we would be unable to attend the court. I can see why he was angry enough to stop paying them but it's no excuse. They started charging block insurance despite him sending of several copies by fax and copies were sent direct from the insurance company and by mail that we had our own insurance. SPML ignored them and continued to charge but insisted only one months worth of insurance had been taken instead of the 6 months in reality.


Since then all payments have been made as agreed but a mix-up resulted in the direct debit being cancelled and try as we might we cannot get it set up again as the bank blames SPML for not filling in the mandate properly and SMPL have said that they have presented mandates when the bank say they have not. SPML blame the bank and of course us as well.


After several letters we didn't get any response from SPML despite paying by cheque the full amount other than a monthly letter to say that they were applying a £50 fee to the account each month that the court order was not adhered to plus a £25 for not paying by direct debit.


We received an eviction order in December even though all payments were up to date. I can't tell you how much distress that caused and after going to the court in person and trying to get through to person on their phoneline it turns it was a 'mistake' on their part and the person laughed....



We have an agreement in place, arranged by Capstone, to pay by the 22nd of each month by cheque but still we are charged despite the companies promises and to add insult we were charged legal fees for their 'mistake' to the tune of £330.


Enough was enough and I sent them a letter recorded delivery headed COMPLAINT 8 weeks ago, which they received. 14 days later I called them to ask where the response was in the promised 5 days and the person I spoke to said that they had received the letter. I called the Ombudsman that wrote to them also to say a complaint had been made.


A few days later SPML wrote to acknowledge the complaint as being the phone call, referring to us being unhappy that a letter was not responded to, but giving themselves 8 weeks from the phone call to give a final response but hoped to respond in 4 . It seems as though they have not read the letter at all.


Yesterday we received another letter saying that the matter would take another 2 weeks. I've given up trying to call the person dealing with it as I haven't been able to get through to them despite the letters saying 'contact me on my direct line' when there is no direct number given! I've left messages as the person is always unavailable and they haven't contacted me despite promises that they would call me the next day and it would be marked as urgent.


From the letter being sent it is now 8 weeks today. Do I go straight to the Ombudsman and is there anything else I can do to have the company 'slapped' as they have total disregard for their customers? They have not sent amended statements or a breakdown of any fees or the account as requested on numerous occasions.I'm prepared to take court action against them just for the stress they have caused us for the past 2 years despite paying them and still ending up owing more than we did prior to the suspended repossession.


BTW. There is nothing showing in there list of fees that allow £50 for non-compliance of court order or agreement and some letters state it as being £65.


For anyone else that may have problems with the company the Ombudsman gives a contact address of:


Mr Marek

Southern Pacific Mortgage Limited

Head Office

2nd Floor

St Johns Place

High Wycombe

HP11 1NL



I'd be grateful for any advice to proceed further and I'd be glad to hear from anyone else that has had problems with Capstone/SPML.



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