Capstone/SPML

[littledotty27]

Such ***holes

[brassed-off-2]

Hi Midge

 

If it makes you feel any better i have just had another couple of letters off our dear friends again,

 

1. Received from customer services...In reply to my SAR, they state before we are able to proceed with your request, we require you to provide all the account holders written authority to release the information. ....another stalling tactic i think, although im sure i have read from supersleuths thread somewhere about them turning the jointly and severally clause in their favour when it suits...will investigate this further

 

2. from collections department, letter advises new arrears balance, as of 01/03/09 £7,000 + (coincidence that it has been rectified and corrected on the exact same date that contractual payment is due?? another ploy to increase arrears/add interest/push into default etc etc..)

"following a recent review of customer accounts, we have identified administrative errors which have affected your account and the statement information you have received (when? not had statement yet)

This is the 2nd letter notifying me of administrative errors ? but does not explain what they are and how they have come to be...But i will now be addressing all my correspondance to William Edward Cherry, Director of SPML and Stuart Gilbert Aitkien SPML Director of credit and compliance operations(something like that-will google again).

 

gloves on !!!

very very brassed off 2

[midge61]

hi

 

according to the FSA register nothing comes up for SPML other than it is authorised!

 

Under Capstone the director for SPML is Mr Paul Stuart Chambers. He is also director for Prefered mortgages and Capstone.

[midge61]

Hi all

 

I have just had a call from the FOS who is struggling to make sense of all the paperwork but so far he has got Crapstone to agree to removing all the arrears management fees plus £75 for inconvenience and distress (a total of £450)

 

He is still chasing the alleged arrears as he agrees that he cannot see any and my spreadsheet of payments made does not tally with theirs ie. mine shows I have paid more than they say.

 

He is going through the file in full again which he said "may take me a week or so" and will be in touch again.

 

So far so good.

[jansus]

Well done you . So did they say what the basis of their decision was - basically just unfair charges?

 

Hope they can help you untangle the rest of the mess and make sure that any "markers " on your credit file are removed ( backdated of course)

 

Just shows it is worth persevering

[midge61]

Hi

 

I think what they have done so far is based on unfair charges but the main problem is the alleged arrears but the bloke that phoned said he could not understand the arrears statements and their origional claim was that \i owed from Dec 2006 and the statement shows a payment made leaving an outstanding balance of £1.47.

 

I was really surprised that it is being dealt with so quickly but Crapstone did send a letter threatening re-possession last week so maybe that has helped. He did say that if no arrears were found they would have to correct my credit file:D

[midge61]

Hi all

Well after a lot of phone calls with the adjudicator it has finally turned out that there was 1 payment missed. I found it not Crapstone, so it has been agreed that this will be paid off with extra monthly payments BUT no arrears management fees are to be added.

 

Agreement letter signed for the FOS and agreement letter received from Crapstone so all settled..................you would think.

 

Today I have recieved a letter from Crapstone stating that I am over £1600 in arrears and if not paid in full or set up a repayment agreement all the usual horrible things will happen!!!!

 

I will write to them and send copies to the FOS to show how bloody usless they are. The amount they have stated isn't even correct!

[brassed-off-2]

Hi Midge

 

They are getting no better then it seems ?? Let us know how you get on with the FOS, I assume they can carry on with this, where it was supposedly finished ? Or would you have to go all the way through from the beggining of lodging a new complaint?

 

I have just issued them with a letter before action, to provide me with the SAR that i am still waiting for, i have given them extra time, and will now give them untill wednesday, this takes them over the 7 day limit...so when i take them to court it will show the judge that i have been fair!!

But i need the SAR to be able to make an informed secision as to what my next course of action will be...

 

Good luck Midge!

 

B-O-2

[midge61]

Hi

 

Thanks for the good luck wishes. The adjudicator did say that whilst an agreement had been reached and he was now going to close my file I could contact him again if things were not done correctly.

[Fedupnow]

Please please can somebody help me?... I contacted spml over a year ago now when I knew I was getting into trouble and before I missed a payment. I asked for a payment holiday or to go on an interest only till I got back on my feet........i was told they did neither and I had to go to citizens advice which I did. Altogether last year, I missed 5 payments (not consecutive) and they ook me to court last november where they got a suspended possession order as long as I paid the normal payment (£720)plus £50 off the arrears. I have done this from december to february but have found it very difficult being on my own with 2 kids so I rang them to make my payment in March and told them I would be paying the interest plus the £50 and that I would like them to look at my case and help me. No-one has called me back but I recieved a call on easter sunday asking for the shortfall.........i reiterated that I would pay the interest (£525) plus the £50 when they payment is due on the 26th April. I asked about interest only again and the person said it had been looked at but I had been declined that option because it would be classed as new lending and they were not doing any new lending!! I asked if they were going to repossess my house but I couldnt get a straight answer. I rang them back on tuesday this week and I couldnt even speak to a manager or supervisor. I have read lots of posts on here and I am very confused as to what people are talking about with all these forms! I need help as I am at my wits end now...........I am a strong person but feel I have been bullied by spml but I will be bullied no longer................... ...please can someone help me?

P.s Can someone tell me what a Subject Access Request is?.............Im being bogged down with things i dont really understand!!

PPS........I have also contacted the financial ombudsman and am currently filling in the form and copying all paperwork.

[enoughisenough]

OK Guys and Gals

 

The CB stuff is the big one. We can all agree on that, even allowing for the ever increasingly, but nonetheless welcome, and indeed appreciated, scepticism of Setonius' contributions to the debate.

 

However we need to keep chipping away at these barstewards. So...

 

We put a plan of action together to totally overwhelm them.

 

1. Anybody dealing with these feckers immediately put in an Subject Access Request.

 

2. Start giving them a taste of their own medicine by recording any phone calls and logging them. Dictaphones are cheaper than paying these people interest.

 

3. Write, with immediate effect, to the FOS so that they get a flood of complaints about Crapstone (That would be the company not the poster of course) and or any other mortgage company that is screwing you into the ground.

 

4. Petition (but only as a group of crapstone's 28% share of the sub prime market) to stop paying altogether until they start getting their arses in gear as regards fair conduct of their operations. THat will cost them big time and it will mean slowing down their repossession of the more vulnerable.

 

A moment of candour. Uppermost in my mind is my own situation. But behind everyone's own situation is a whole series of other people, less well resourced, more vulnerable and very definitely on the rack. We owe it to these people to get some justice. Please help apply the pressure and feel free to offer other suggestions concerning applying the pressure and turning the tables on every sub prime lender in ways that can bring immediate and practical effects.

 

Cheers EIE. And ALWAYS Keep the faith.

[enoughisenough]

Hi Fed UP Now

 

They do payment holidays. They just don't want you to know. However if you take one they will screw you over for it unless you are completely on the ball.

 

Here's the link the proves they at least say they do. They will also offer other stuff that they say they don't but BE VERY careful. THEY ARE NOT THERE TO HELP YOU HALF AS MUCH AS THEY ARE TO HELP THEMSELVES!

 

http://www.europeservicing.com/BARCAP-RMBSServicing2008.pdf

 

As I said be very careful before agreeing anything with these feckers and make sure you never EVER EVER speak to them on the phone unless YOU are recording it.

 

Cheers EIE. Keep the faith.

[midge61]

Hi fedupnow

 

Continue with your complaint to the FOS and stress that you are under threat of re-possession, this will get your complaint looked at quickly.

 

They were very good at dealing with mine. It is Crapstone that are not keeping to the agreement and I intend making sure they do one way or another.

[enoughisenough]

Hi FEDUPNOW

 

Here is an SAR for you to customise. Good luck and get it off registered post. You're with friends now. be confident and keep the faith.

 

Cheers EIE.

 

 

YOUR ADDRESS

 

 

 

DATE

 

THE DATA CONTROLLER(S)

SOUTHERN PACIFIC PERSONAL LOANS LIMITED

ST. JOHNS PLACE

EASTON STREET

HIGH WYCOMBE

HP11 1NL

 

Dear Sirs,

 

RE: MORTGAGE ACCOUNT NO: XXXXXX - DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST

 

 

CLAIM NUMBER: XXXXXXX

 

SOUTHERN PACIFIC PERSONAL/MORTGAGE LOANS LIMITED

-V-

FEDUPNOW

 

Dear Sirs,

You currently hold details of my personal and financial information within your internal record systems with regard to my personal loan account/ mortgage as numbered above. I am issuing this SUBJECT ACCESS REQUEST, as is my right under the Data Protection Act (1998).

Please supply me with a complete list of transactions and charges relating to my history with your organization.

 

Please also provide the following for this account or associated accounts I have held with your organisation, or those that have been transferred to other organisations:

1. The opening balance of the mortgage, the current balance, the total amount paid in the lifetime of the account, the status of the loan as interest only or repayment plus interest and the level of interest rate applied month by month in the lifetime of the account. Additionally you should furnish me with all prior copies of correspondence I have received from yourselves or your collecting agents Capstone Mortgages, or any other collecting organisation, including all correspondence which have notified me of interest rate cuts, interest rate increases and any variation of my payments during the lifetime of the account

2. I require details of the date my mortgage with you was securitized, details of the required and relevant entry to the land registry title as a result of said securitization, and the date of any repurchase of the mortgage, in the even that this has taken place.

 

3. Full copies of all contracts, including the original terms and conditions, pertaining at the time of the agreement, which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

 

4. A complete list of all transactions or statements relating to my mortgage with your organization.

 

5. Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records, for example telephone calls, which pertain to this information.

 

6. Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial information, or which pertains to me.

 

7. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

8. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices or locations.

 

9. All documents you have held or do hold pertaining to Land registry title XXXXXX

 

I enclose a cheque in the sum of £10 to cover your fee. Note that this is not payment towards arrears on this account and is solely for the purposes of expediting the Subject Access Request.

AS YOU KNOW YOU ARE REQUIRED IN LAW BY VARIOUS STATUTES, REGULATIONS AND REGULATORY AND LICENSING AUTHORITIES TO PRESERVE AND SECURE ALL SUCH DATA.

In addition I remind you of the following provision under the Data Protection Act (1998)

DPA, Pt IV, 35:

35 Disclosures required by law or made in connection with legal proceedings etc

(1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—

(a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

(b) for the purpose of obtaining legal advice,

or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

 

You are reminded of your obligations under the above section of the relevant legislation. I will naturally inform the court of any failings of yours in regards to your full compliance to this subject access request. I also reserve my right to make complain to the Information Commissioner in the event of non-compliance by yourselves within the statutory 40 days permitted. Please consider this correspondence as constituting my full authorisation for you proceed with this request.

 

Yours faithfully,

 

 

 

FED UP NOW

[enoughisenough]

Hi Fed up now.

 

I don't know why but the last figure from the DPA act has morphed into an icon. The correct date is 1998.

[Fedupnow]

Thanks, thats brilliant.............I will get it done tonight and go to the post office 1st thing. Thanks again, Im feeling a little more empowered.x

[jansus]

Hi Midge61

 

how are you getting on

 

did you get your last letter about the arrears sorted?

[midge61]

hi janus

Waiting on a reply from Crapstone. If it is no good I will then contact the fos adjudicator that dealt with the complaint.

 

I was feeling generous and thought I would give Crapstones a chance lol

[enoughisenough]

Please do not be so generous. Would they give you a chance? Get in early, get in often and get in hard.

 

Sorry to use so many masculine metaphors!

 

Cheers. EIE. Keep the faith!