Southern pacific (SPML). Mortgage Late Payment Fees reclaiming

[angnnig]

Thanks 42 man,can anyone advise on how we go about going to court against SPML.thanyou

[angnnig]

I just think we might as well give up,were fighting a losing battle

[Terminator]

This sounds bad guys. FOS is siding with SPML, whatever next?

[Terminator]

I am told FOS do not have power to assess the fees, but the circumstances behind them.

[angnnig]

Hi I was just wondering ,what would happen if we did n,t pay CRAPSTONE the arrears they say we owe ,what are really unfair charges.If they took us to court to evict us could we argue that they are not arrears and in fact they are unfair charges,we could also explain that we have exhausted every possible way to get the charges squashed by going down the FOS route but with no sucsess.Do you think the courts would let CRAPSTONE evict us or squash the charges for us.thankyou for any replies ,regards angnnig

[angnnig]

bump

[angnnig]

We have contacted the FOS to say that we are not satisfied with thier decision on the charges case ,they told us that the person who was dealing with our case originaly has been finished as she had complaints about the way she dealt with case complaints.So the FOS have said that they will look at our case again but cant garauntee the outcome we want.I dont hold out much hope but at least thier is a glimmer of hope.regards angnnig

[angnnig]

The FOS have finally come to a decision on our case after looking at our case again , they have come to exactly the same result as last time and basically said that we were informed of the charges by spml and that they agree with what SPML have done.My partner telephoned the FOS yesterday as we also recieved a letter from ACENDEN,S solicitors saying that acenden have instructed them to ask the court for an eviction date.We even explained about all this to the FOS but they still stood by there decision.So we face yet another battle with with these set of ******.Any help with this matter would be appriciated thankyou ,angnnig

[42man]

Since you started this post have you seen this ? - http://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

[angnnig]

Hi 42man ,thanks for your reply and the link.If we did go to court we would probably need help getting a case together about claiming the charges back.kind regards angnnig

[angnnig]

Hi ,I hope someone can help us.Our mortgage company Acenden have instructed there solicitors to ask the court for an eviction date.We are 3 months behind with the mortgage payments because the taxi my partner drives broke down and had to have some major repair work done,our income from the job has also suffered due to the ressession and fuel now costing a fortune.We owe £3,200 but about £2000 of that are charges,which we tried to get back through the FOS but failed.They looked at our case twice and just said acenden are within there rights to charge us the charges so its tough.Thankyou for any replies ,angnnig

[angnnig]

Bump

[Lea_HTH]

What help are you looking for?

 

There are various threads on the forum relating to reclaiming charges.

 

As for the eviction - once you receive your notice of eviction, I am sure assistance will be forthcoming to enter a stay application (form N244).

 

In the meantime are you able to pay your currently monthly instalment, plus something towards the arrears?

[angnnig]

Hi Lea thanks for your reply.We have nothing as yet towards the arrears as we have just had to pay out for anew engine for the taxi. should be able to pay a small amount off the arrears next week.I just need help with the n244 form and how to go about the wording of the unfair charges on the form.We are going to try and stop it getting to that stage first and hope that they accept what little we can pay off the arrears.regards angnnig

[Ell-enn]

Hi, if I remember rightly your first mortgage is with Kensington and you have a suspended order on it- is that also in arrears?

[angnnig]

Hi Ellen ,yep still in arrears with kensington thats on a suspended repo order as well ,thats our second mortgage ,We are only just managing to pay that ,but now acenden our main mortgage lenders turn to try and evict us.regards angnnig

[angnnig]

Hi, well we now have an eviction date the 12th july.We have just had to sell our family car cheap to pay a lump sum.We have offered to pay £800 of the arrears but we need to lower the arrears payments down from £340 a month to £150.We have sent a letter offering this ,as we dont trust speaking to them over the phone.We have asked for acceptance back in writing and if they wont accept our offer, we have said that we will go down the n244 root and let the court know that £2000 are in fact charges and not arrears.Any advice on how to fill the n244 form if needed, appriciated thanks ,regards angnnig

[Ell-enn]

Hi, if you don't hear anything from them by Thursday then you should enter an N244, I can help you with that. Did you send your letter by special or recorded delivery ?

[angnnig]

Hi Ellen ,thanks for your reply we sent the letter by special delivery so they will definatly have the letter by monday .kind regards angnnig

[angnnig]

Hi , My partner phoned asenden today as we haven,t heard anything from them,they said that the letter hasn,t gone to the right department yet and they also need an income and expenditure form,they said we could email it to them,they said the latest they can get back to us with a decision is wednesday next week.Do you think we should wait till then or or send the n244 in now.the eviction date is the 12th july, regards angnnig

[Ell-enn]

Typical stalling from them ! have you done a budget sheet? I've affixed one to this post - it calculates automatically as you fill it in.

 

There's no harm in getting the N244 ready to take to court - I can help you with that over the weekend if you need me to.

 

Have you paid the £800 ?

Budget Sheet.xls

[angnnig]

Hi Ellen ,thanks for the budget sheet i,l get on with that right away,iv,e got a rough jot down of a budget ,We haven,t paid the £800 yet as we weren,t sure if we might need it for a deposit on a rented house if the court decide to uphold the eviction.Thank,s for your offer of help with the n244 form ,will definatly need it. kind regards angnnig

[angnnig]

Hi Ellen, I,m just letting you know i,m online and ready when you are to fill the the n244 form in ,thanks regards angnnig

[Ell-enn]

Hi, I'll have a look at it tomorrow if that's OK, got friends here for supper tonight

[angnnig]

Ok ,thanks for letting us know ,have a good night ,kind regards angnnig