spml / capstone notice of eviction 6th feb

[midge61]

Hi

 

My complaint against Crapstone is with the FOS. I am going to send another letter to say that Crapstone are still harassing me for the alleged arrears and when they phone they don't seem to be able to be up to date with what has been going on because their computer system only shows the letters I have sent them and nothing of the ones they have sent me!

 

They recently threatened me with a debt cousellor.

 

Will send off for my CRA files in the next couple of weeks.

[brassed-off-2]

Does anyone know, how long the mortgage broker would have to legally keep all the data on us for ?

We used them between April and Nov 2005....

I am thinking of sending a SAR to them, but dont want to waste my money or go on a wild goose chase either....

 

Hope some one can help me with this question or offer some advice.

Thanks in advance.

 

B-O-2

[brassed-off-2]

Hi Guys / Ellen hope one of you can help ??

 

Sorry if i should have started a new thread or posted this query somewhere else....

Just looking for some followup advise on the suspended possession order. FROM 04/02/09..The Judge granted a suspended possession.. have finally recd N24 form back stating details.. 1. the warrant of possession be suspended on payment of current monthly instalments plus £50.00 per month off the arrears of £xxxx.xx - the first payment by 4pm on 1st March 2009. What bothers me is in the hearing the judge said make sure you pay on 23rd(payday) ...This is the main contributing factor to our problems as spml use the 1st of month as the date to be paid.and have always maintained they cannot or will not change it...Looking through the statement of arrears, we have been paying mp + arrears from our visit to court on 01/09/08 for same probs.. so agmt made by judge was to pay mp+arrears by 30/09/08 (need to clarify cant put my hands on the order at the mo for this) but i paid early 2 payments by DC dated 24/09 & 29/09 then next CMP + arrears on31/10/08 according to statement/ bank statement shows it was paid out 01/11/08.. so in effect according to capstone we didnt pay octobers payment and this is why they took us back to court, but in effect we had followed the original order, its just pot luck as to which month the appy them against..this problem will just continue.... I need some help, is there anything i can do about this through the courts by way of stopping the notice altogether in any way, so they cant reapply for eviction when it suits, or can someone help me devise a letter to them to make them process the payment fairly.. sorry if long winded, as going through the statement of arrears, this is a pattern that repeats it self every few months, 2 payments processed against July payment, non against Aug, paid on fri 30th to ensure payment b4 weekend and there in time for 1st (i cannot win)

 

Regards

B-O-2

[uneverdid]

Hi i was in the same situation as you but the judge ordered my date to be the 19th, i just rang up capstone and made sure they had noted that the due date was 19th they did and ive had no problems since even though some months ive not paid till 22nd.

[midge61]

Hi

 

I had problems paying by the 1st because of my pay date.

 

I wrote and asked for my payment to be accepted byt the 10th. They agreed and I pay by standing order but it now it goes by faster payment so it gets to them on the same day as long as I send it in the morning.

[brassed-off-2]

Thanks for your replys guys, they have been helpful, Ive tried all different methods of payment with this lot...

resorted to ringing them up and pay by dc. ... but that still doesnt work...for example 1st March, 09 is a sunday, do i pay early on 27/02/09 Friday, and have payment recorded against Feb, or pay 02/03/09 Monday and give them ammo for late payment and not sticking to the order....this is the dirty tactic they will use more than likely....

 

thanks

b-o-2

[midge61]

hi

 

Do you have a cheque book? You could send a cheque dated for the first and enclose a letter stating that the payment is for March ONLY, then you would have proof to show the court.

[Bona]

If your Pay day is at the end of Feb set up the payment for that day take a copy of the SO form write a letter to them enclosing the form telling them that you will pay them on your pay day and it is to be allocated as per the court order for the payment of the 1st of the month then they are difficult you have done uour bit

[brassed-off-2]

Morning Guys

 

Just after any ideas / advice please.

 

Spml failed to comply to SAR last week, have given them an extra week to see if, they provided anything...

 

They sent the initial sar acknowledgement receipt letter, and a request for all account holders authorisation, i duly replied with a letter that SS kindly provided, signatures were supplied, but obviously i marked them in a way, that they could not use to copy and paste by them!!!

 

I do not want to go down the route of account in dispute, witholding payment, etc.. because i think they will use this against the suspended possession etc... I want to show judge that we have been fair by keeping up repayments cmp & arrears arrangement...

 

I do have lots of other pieces of info in my possession that should, show any judge, what a bunch of cowboys these numptys really are!!

 

I will be searching for a firm of reputable solicitors within the next week...any suggestions greatly received..

 

Question...Can i go via the court route, to get them to disclose the information i have requested, without going through any of the other procedures first...any help you can give is appreciated..

My paitience is running out fast with this lot, and my account has increased by £2.5k approx since Feb, due to lit fees/admin fees / legal fees/admin errors etc...etc..

 

Thanks in advance

 

B-O-2

 

forgot to mention, they have been paid as normal since the last appearance in court, 1 chq for cmp and 1 chq for arrears arrangement with covering letter...chq is dated 1st of month because otherwise they would process it under previous months payment, hence putting account into false arrears...hope this make sense...

Edited April 5, 2009 by brassed-off-2

[uneverdid]

Hi i am having some difficulties myself with these at the moment. My mortgage was originally taken out with Preferred but for the last 6 months whenever i make a debit card statement it appears on my bank statement as paid to SPML. I queried this but got nowhere. When i got my statement they keep putting the payments as being due on last day of month however my mortgage paperwork all states due on 1st so like you i am being put into false arrears. They also put any charges on arrears amount so it looks to the judge like i have missed 9 payments when in fact i have only missed 5. Over £2000 worth of charges been added on. Another question if anyone can help is when i went to court in November the Judge told their rep that their paperwork was not in order and adjourned the case, Capstone subsequently decided not to return to court and i have maintained my payments. Can they still charge me the £450 solicitors fees even though they got no judgement on that day and could i charge them for my day off work as they had not got their paperwork in order.

 

Thanks for your responses.

 

Sorry for jumping in on this but i really cant figure out how to start a thread.

[brassed-off-2]

Uneverdid,

 

I think i have read somewhere on these numerous posts, that prefered did become SPML, (i may be wrong) try reading little dottys thread... i think?

 

Did you put everything in writing to them regarding the payment dates etc ?? this would be the best way to deal with them..so you have a paper trail to show the judge if you ever need to.

 

i would also complain to the FSA, even though they may take a while in dealing with your complaint..again this will show any judge you have a valid complaint,and are trying to resolve it.

 

Did the Judge express exactly what was not in order with their paperwork ? And why did they not want to go back to court ?? How long ago was this ??

 

This part of your post is interesting, and i feel alot of others on these threads would be interested to know more about this...it may be worth making your own thread on this, as: A) You may still be able to challenge this part against them..in your favour. B) Caggers with more knowledge on this may be able to offer better advise that i can.

 

I am fighting these morons as far as i can..hence why i am looking to get a solicitor on this asap, because i feel there is lots of things being hidden from us, securitisation being one, ripping me off being the other... Only Time will tell.

 

We like you have arrears, cleared them once and still got charged arrears management fees on an account that was in credit...Yes crapstone, (im sure you will be reading these boards) arrears management fees on an account that was in credit, !!!!

 

UNEVERDID... Be warned...They stop at nothing, they will try everything they can, their money is made in repossessions, not mortgages...they are basically the **** of the earth and they dont care whose lives they wreck!!!!

Make sure everything is in writing, or recorded at least...

 

B-O-2

[midge61]

hi b-o-2

 

You could try phoning the ICO and explain that you are under a suspended repo order and have made the DPA request to help clarify issues with your account but they have failed to comply and see if they will do anything sooner rather than later to help.

 

There are cpr rules you can use I think but you will need one of the legal bods from cag to confirm that.

 

Don't know if the FOS can help. They dealt with my complaint very quickly after Crapstone had threaten repo.

[maroondevo52]

Hi, bo2.

 

There is a non-compliance letter you could try sending them........

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-.html

 

Regards.

 

Scott.

[brassed-off-2]

Thanks Midge

 

I am up to my eyes with trying to sort this lot out, aswell as another lot of cowboys, we have a secured loan with, infact i think there are quite a few threads popping up on here abouth them at the moment....mooo!!!

 

Midge was it you who was applying to the land registry regarding the charge on your property ?? I know someone was but cannot remember who was going to do it?? if it is you can i pm you with a query ??

[brassed-off-2]

Thanks Maroondevo !!

 

b-o-2

[littledotty27]

Hi B-O-2

 

It was me applying to the LR with re to charge on property.

 

Littledotty

[brassed-off-2]

Thanks Little Dotty

 

can i pm you please?

[littledotty27]

Yes no problem.

[brassed-off-2]

Morning Guys

 

Just after any ideas / advice please.

 

Spml failed to comply to SAR last week, have given them an extra week to see if, they provided anything...

 

They sent the initial sar acknowledgement receipt letter, and a request for all account holders authorisation, i duly replied with a letter that SS kindly provided, signatures were supplied, but obviously i marked them in a way, that they could not use to copy and paste by them!!!

 

I do not want to go down the route of account in dispute, witholding payment, etc.. because i think they will use this against the suspended possession etc... I want to show judge that we have been fair by keeping up repayments cmp & arrears arrangement...

 

I do have lots of other pieces of info in my possession that should, show any judge, what a bunch of cowboys these numptys really are!!

 

I will be searching for a firm of reputable solicitors within the next week...any suggestions greatly received..

 

Question...Can i go via the court route, to get them to disclose the information i have requested, without going through any of the other procedures first...any help you can give is appreciated..

My paitience is running out fast with this lot, and my account has increased by £2.5k approx since Feb, due to lit fees/admin fees / legal fees/admin errors etc...etc..

 

Thanks in advance

 

B-O-2

 

forgot to mention, they have been paid as normal since the last appearance in court, 1 chq for cmp and 1 chq for arrears arrangement with covering letter...chq is dated 1st of month because otherwise they would process it under previous months payment, hence putting account into false arrears...hope this make sense...

 

 

Morning ALL

 

OK!! Quick update, issued LBA last week. Here is a brief summary of the reply received this morning by registered post!!

 

In response to your letter regarding DSA request, we care unable to provide you with the DSA at this time, as you failed to proviide us with the signed authority of all the account holders. OH BUT WE DID, CLEARLY STATED TO AVOID CONFUSION ON YOUR BEHALF, COPY OF DSAR ATTATCHED, SIGNATURES PROVIDED WITH UNCOPIABLABLE MARK TO AVOID COPY AND PASTE ON YOUR PART!!! ALL RECORDED DELIVERY AND SIGNED FOR, I HAVE THE PROOF !!!!:mad:

A letter was sent to you (VIA 1ST CLASS POST, RECEIVED OK!) on xxxx a copy of which is attatched for your reference in which we requested authority from the account holders. (WHICH WE DULY RETURNED BY RECORDED DELIVERY, THAT YOU HAVE SIGNED FOR, BOTH HUSBAND AND WIFE, WE BEING THE ACCOUNT HOLDERS GAVE OUR EXPRESS PERMISSION AND OUR SIGNATURES THAT WERE CROSSED TO AVOID COPY AND PASTE PRACTICES) IT WAS RETURNED TO THE NAMED PERSON ON YOUR LETTER REQUEST IN THE COMPLIANCE DEPARTMENT!!!!:mad:

Please provide the information we have requested in order to avoid any further delays.:mad:

Should you have any further questions please do not hesitate to contact us on 0845 601 3679.

 

Signed by customer services, you know the usuall scrawl that they put on the majority of their letters that starts with the big C FOR CRAPSTONE.

 

 

Are they trying to tell me that there is another account holder involved here ??

Are they open on Saturdays....im so bloody annoyed that i feel i must bypass this ridiculous rubbish and proceed staright into court and ley the judge see what incompitant Ba****rstewards they really are!!!!!

 

Any help greatly appreciated..thanks in advance.

b-o-2

[brassed-off-2]

Just a little update, after signing for the above letter that was posted from Customer Services, via registered post this morning, which i might add the LBA i posted over a week ago to compliance, has prompted their response...

I received another letter through the 1st class system, in response to 3 formal complaint letters i posted recorded delivery, each under seperate recorded delivery on the same date as the LBA letter.

So far 2 of my complaints have been acknowledged in this one letter, and are actually being dealt with by a named person, from Customer Liason, with a job title of investigator (sounds important and official, doesnt it?)

They kindly provided me with a copy of their complaints procedure...

Still crying with laughter

"As a company we pride ourselves on our quality of service, and thats why your feedback is important to us."

"Were here to help by taking a positive approach and we strive to provide an independent view for all complaints received."

"We will always listen to your complaint, and put matters right if we can.":lol:

 

Well i would have thought that a complaint about the lack of a mortgage statement as promised by them in a previous letter, would have been dealt with by customer services, and a complaint about the lack of a SAR and LBA would warrant an "investigator" or am i just too naive ??

 

Wonder who will deal with a complaint, and request for a complete broken down list and explanation of the extortionate legal fees applied to the account, The tea lady, no doubt!!!

 

Rant over:mad:

 

Any advice and comments much appreciated for this and my previous post... thanks in advance.

 

B-O-2

[Crapstone]

Just had that reply to one of my letters sent to them. Next came an offer of £50 compensation and they actually said they had made an ERROR. All I want is for them to to get it right and they just can't do that. I spent 2 years with the Ombudsman against them and new things have come to light so I have to go full circle again.

 

I've had 4 statements in as many months and none of them add up. Keep crying as it doesn't get any better but it does make you smile that it's not your fault

[enoughisenough]

OMG These people. Not that I'm shocked. Far from it. Everyone with a repayment mortgage should be asking themselves and them why of why the capital is not being reduced. I've paid about 40% of the principal in the last 3 years and it has gone up NOT down. Everyone with a mortgage with them should undertake to write to the FSA. You get the usual we can't deal with individual complaints letter - but if everyone did this they do have powers to investigate the company as a whole and will certainly know what to look for. Ultimately they can revoke their licence. If we all undertook to do this it would flood the FSA. A dozen complaints not good enough. Hundreds start to turn the tables and thousands would create a critical mass...

 

Thoughts anyone?

[mercyblue]

eie you have paid off 40% of the principal in 3 yrs? How so unless you are nearing the end of your mortgage term. At say 5% interest you would have paid off approx 12% of the loan after 5 years and 45% of the loan after 15 years.

Its in the latter stages of a mortgage that the capital amount drops dramatically.

Sorry if I have misunderstood your post and that isn't what you mean.

 

 

[brassed-off-2]

OMG These people. Not that I'm shocked. Far from it. Everyone with a repayment mortgage should be asking themselves and them why of why the capital is not being reduced. I've paid about 40% of the principal in the last 3 years and it has gone up NOT down. Everyone with a mortgage with them should undertake to write to the FSA. You get the usual we can't deal with individual complaints letter - but if everyone did this they do have powers to investigate the company as a whole and will certainly know what to look for. Ultimately they can revoke their licence. If we all undertook to do this it would flood the FSA. A dozen complaints not good enough. Hundreds start to turn the tables and thousands would create a critical mass...

 

Thoughts anyone?

 

Im all for this, collective greivance i think it may be classed as, we possibly need to get a letter template posted up on here for all to use...Anyone ??

 

Because of the slowness off the FOS,and the uselessness of the FSA I have decided that it will be quicker to get disclosure through the courts. I have issued a letter before action, because i need the SAR to enable me to make some informed decisions as to my action going forward, Currently arrears on our account are reaching towards £7000 and climbing, because of all the extortionate fees and charges being applied. The CRA files state we are 7 payments late, LATE, not missed!! as these muppets keep saying we Miss ?? The lateness is not really late, because we used to pay earlier than the 1st even though i have it in writing we have an arrangement to pay on the 25th, I have now had to resort to posting cheques via recorded delivery, a week earlier than the 1st to ensure the cheque that i date as the 1st cannot be cashed any earlier, to ensure it is not applied to the account on the 30th of the prior month, thus making it late payment and not a forced into arrears as a missed payment which is what was happening on a 3 monthly cycle.... Now once i can accertain what has not been payed by us, due to short term unemployment issues, i have no problem in arranging to bring these payments upto date, by my reckoning approx 2-3 over a 4 year period. What i will not do is sit back and let these morons, take me to court on a 3 monthly cycle and put my family through sheer hell, and think they can use loutish, bullying behaviour and take the roof from over my 3 year old child....

It is time that joe blogs from trailer trash park (this is the opinion of all sub prime lenders of their own customers) all because they think they can, and have got away with it on other occasions

[brassed-off-2]

Just had that reply to one of my letters sent to them. Next came an offer of £50 compensation and they actually said they had made an ERROR. All I want is for them to to get it right and they just can't do that. I spent 2 years with the Ombudsman against them and new things have come to light so I have to go full circle again.

 

I've had 4 statements in as many months and none of them add up. Keep crying as it doesn't get any better but it does make you smile that it's not your fault

 

 

Hi Crapstone, How long is the turn around on your complaint letters out of a matter of interest?? The letter i have just recived states it could take them upto 4 weeks to investigate and reply to my complaint...Bit excessive i think!! for a request as to why the promised statement would be issued shortly didnt arrive in march letter.

Yet a request for a full explanation and breakdown of their legal fees and costs, now i can understand that could take upto 4 weeks, but mind you they have to acknowledge they have received that one yet anyway...probably been lost in the blackhole along with our account holder consent letter !!!!

 

I did receive a thankyou for your payment letter the other week...now theres a novelty it was polite:lol: you usually get a letter advising that its a late payment and we will add any figure we feel like to your account to line our own pockets letter!!!!

 

You can cry on my shoulder any time you feel the need, i know just how you feel with trying to deal with these people...