Southern pacific (SPML). Mortgage Late Payment Fees reclaiming

[angnnig]

Ok thanks Martin ,regards angnnig

[angnnig]

Just wondering if there are any more links to people that have won against Acenden (spml),I know about crapstone .I have just been reading about the maroonfox court case and the costs they had to pay,really very scared and having second thoughts about taking Acenden to court now

[angnnig]

Hi all, If our claim for charges is less than £5000, are we liable for charges if we lose in court? We are on a low income and would be claiming a fee remmision to get it into court in the first place,so if we lost and had to pay thier costs, we could end up homeless,but it may never get to court and Acenden could settle of of court ,I haven,t seen many sucsessfull claims on here against acenden and being such ruthless******* that they are, something tells me they are not going to give in.Can anyone advise us please?Regards angnnig

[citizenB]

Costs in the small claims are limited.. unless you are a vexatious litigant !!

 

If you google something like.. "costs awarded in the small claims court" , you should get some information

 

I think what you need to be careful about is.. it is the Judge that decides what track is used.. if the claim is complicated then it could possibly go the next level up !

[angnnig]

Will do thanks citizenb ,kind regards angnnig

[DOTCOM]

Hi

I am following your thread with interest, we are in exactly the same position, we owe acenden £2011 all charges. Just received reply from FOS who will not uphold our complaint they have effectively given Acenden the right to charge £85 per month even though we are trying to bring the account up to date!!! I really don't know what to do.

[angnnig]

Hi DOTCOM, We are unsure what to do as well.We are begining to to think that the risks are to high in taking Acenden to court for £3,500 and could get lumbered with thier costs if we lose and if that happends we will certianly lose our home as we are only just able to afford the mortgage as it is and we also have a reppossesion order on us with them.The FOS were completly useless and and said that Acenden are quite within there rights to charge us £95 late payment fees every month that we were late paying and all the other charges they add on.We are thinking of complaining to the OFT about Acenden passing the arrears amount off as charges and seeing if they will force Acenden to put the charges on to the overall mortgage balance and then at least Acenden wouldn,t have a hold over us with the reppo order and we would save paying the £100 of the arrears /charges of every month

[Ell-enn]

Angnnig, have you seen the post on this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?274211-Capstone-secured-loan/page4 regarding the journalist looking for Acenden cases

[angnnig]

Hi Ellen ,Thanks for the info, I Think we will call him as well.Acenden should be exposed ,named and shamed for how they treat people.Have you any advice on complaining to the OFT and do you know if they actualy deal wuth cases like this?Kind regards angnnig

[angnnig]

Iv,e just looked at the OFT link and it states that it doesn,t deal with individual cases,maybe we should all get together and see if they will deal with it then:shock:.Then it goes on to say contact consumer direct,Would this apply to our case with Acenden or should we just go back to the FOS:| again.Thanks for any replies ,Regards angnnig

[angnnig]

Hi all,Finaly received a reply from Acenden,and are baffled by thier response, they are saying that our compaint is now being investigated by the FOS so therefore any queries on this matter should be referred to them and if we wish our complaint to be handled by Acenden ,we will need to withdraw our complaint from the FOS service and are saying that there investigation will only take into consideration fees applied after the 26th october 2010.

We complained to the FOS a while back now and got turned down and asked them to look at our complaint again and again got the same response,so we just left it at that.So not sure why Acenden think the matter is still under investigation with the Fos.Were still undecided about going to court yet.such a hard decision when there is a chance we could lose our house.Regards angnnig

[citizenB]

Hi all,Finaly received a reply from Acenden,and are baffled by thier response, they are saying that our compaint is now being investigated by the FOS so therefore any queries on this matter should be referred to them and if we wish our complaint to be handled by Acenden ,we will need to withdraw our complaint from the FOS service and are saying that there investigation will only take into consideration fees applied after the 26th october 2010.

We complained to the FOS a while back now and got turned down and asked them to look at our complaint again and again got the same response,so we just left it at that.So not sure why Acenden think the matter is still under investigation with the Fos.Were still undecided about going to court yet.such a hard decision when there is a chance we could lose our house.Regards angnnig

 

Did you ask for your complaint to be pushed up the chain to the Ombudsman ? If not, I would think you are still able to do so.

 

I am not sure what they mean by they can only look at fees after 26th October 2010. Will try and find out more about that.

 

Acendon are talking rubbish, they can still look at your complaint whilst the FOS are (or not) investigating.

[angnnig]

Hi citizen b ,Thanks for your reply .The FOS just looked at it twice and said that thier decision was final the second time round.regards angnnig

[citizenB]

Hi citizen b ,Thanks for your reply .The FOS just looked at it twice and said that thier decision was final the second time round.regards angnnig

 

How long ago was this? You might still be able to ask for it to be passed up to an ombudsman.

[angnnig]

Hi ,It was about june last year that we first complained to the FOS,so well over a year now.Think it went to an adjudicator,so can we take this further with them?We will go as far as it can go .Regards angnnig

[dx100uk]

IMHO i think the goal-posts have somewhat changed with regard to mortgage charges on the FOS front & they now have a different view

going by the timings of your org complaint to them. there have been many subsequent successess.

 

i'd phone the last person to adj on your case and ask them their view now

 

dx

[citizenB]

I agree with dx. If you think you have more information that will help your situation, then redo the complaint and submit it again. If you believe some of the decision made by the FOS previously was incorrect, then point it out to them

[angnnig]

Ok Thanks guys,Apart from them adding more charges on to our arrears amount,We only have the same argument again about the charges being way to high,but i suppose it,s worth a try and we,ve nothing to lose.Regards angnnig.

[angnnig]

Do we ask the FOS to open the old case or do we start a new one .Acenden have been putting interest on arrears charges on our arrears balance ,but theses are not arrears they are all charges ,this could be another reason to start the claim,Any advice please , regards angnig

[citizenB]

Start a new complaint.. you can download the complaint from from the FOS website. Do however refer to the old FOS reference number so they can refer back.

 

If you have new information or can dispute the way in which the FOS came to their previous decision then make sure you include it.. If you want to post up your complaint before transferring it to the complaint form, then please do and we can check it over for you

[angnnig]

Thanks for your help CB ,will get on with that now and will post it up on here once done ,Kind regards angnnig

[angnnig]

Hi guys ,

 

Had a letter today from Acenden and not sure what they're playing at

but they,ve split our arrears charges up into two sections

 

a)payment arrears balance £1618.36 and

b)other amounts due balance £1116.7 and

says payment arrears:

 

We will now refer to all missed payments as arrears and Other amounts :this includes arrears fees and other fees.

 

I do hope there not trying to get out of paying us arrears fees back and i hope it doesn,t affect the way the FOS are going to treat our complaints about arrears charges.

 

Has anyone else had a letter like this?

 

Kind regards angnnig

[Airwolf]

Hi guys ,Had a letter today from Acenden and not sure what there playing at but they,ve split our arrears charges up into two sections a)payment arrears balance£1618.36 and b)other amounts due balance£1116.7 and says

payment arrears:We will now refer to all missed payments as arrears and

Other amounts:this includes arrears fees and other fees.

I do hope there not trying to get out of paying us arrears fees back and i hope it doesn,t affect the way the FOS are going to treat our complaints about arrears charges.Has anyone else had a letter like this? Kind regards angnnig

 

Isn't seperating them a good thing, especially when defending claims. It will be easier to show a court or for that matter the FOS, how much of the alleged arrears is charges

[angnnig]

Well it wouldn,t be a good thing for us as Acenden have put our charges down as £1116.7 and this amount is wrong, they now owe us over £3000 in charges fees.I do understanding what your saying could be a good thing,but Acenden are now trying to look as though they are being fair in the FOS eyes by seperating them, thus making it harder for us to claim the charges back as the FOS see that Acenden is not classifying charges as arrears.regards angnnig

[Crapstone]

Well it wouldn,t be a good thing for us as Acenden have put our charges down as £1116.7 and this amount is wrong, they now owe us over £3000 in charges fees.I do understanding what your saying could be a good thing,but Acenden are now trying to look as though they are being fair in the FOS eyes by seperating them, thus making it harder for us to claim the charges back as the FOS see that Acenden is not classifying charges as arrears.regards angnnig

 

I've had the same. But if you read it then it clearly states that charges prior to 25/6/10 will be included in the Payment Arrears Balance so that's why your arrears are more than 'actual' arrears (payments missed).

 

It doesn't matter what they say or how they put it..you should still pursue your charges down to every penny. They are using a half-way measure to, 'treat customers fairly' as if they are doing you a favour. Also note the lack of ability to be able to fill in the telephone number! > Who? Me? Why should I? You wrote the letter so you should do it !!! Oh no!!..It's just one of those mistakes that your apes make in the office and you expect us to accept. That's £50 before you even start a real arguement with them. x