Acendan/spml ....again...... fao Ell-en

[Ell-enn]

I have to go out now, will catch up with you tomorrow

[dave121]

I think the best way to defend this is the non compliance of the sar request , i have asked for last years statement and they want to charge me £35, so to me that is them not looking for a solution and have no interest in sorting it out other than repossession...

[Ell-enn]

Does it show any arrears on the last 3 month statement ?

 

Can you answer this please

[dave121]

Sorry Ell-en no it does not

[Ell-enn]

Hi, what exactly does the statement list ? sorry to be a pain, but I'm just trying to find out if this statement will be useful in the hearing

[dave121]

Its just a quartely statement basically showing the last payments...

[Ell-enn]

Does it not show the outstanding balance of the mortgage ? Have you kept these statements going back into last year ?

[dave121]

it does show the outstanding balance i have not got previous statements, they have only just started sending them

[Ell-enn]

OK, what are you going to use as proof of all the payments you have made since the last hearing ?

[dave121]

i can use bank statements? but that will highlight the missing payment in august?

cant i just go down the SAR non compliance route?

[dave121]

can i just do the n244 form and say details to follow to have more time to get docs together?

[Ell-enn]

You could state in the Q.10 section that:

 

1.The Claimant is applying for an eviction warrant without cause as there are no arrears on the account and monthly payments have been maintained since the last hearing.

 

2. The Claimant refuses to supply a statement of account unless we pay a fee of £35.00.

 

3.The Claimant has failed to comply with a Subject Access Request which was applied for on (date)

 

When you get a date for the hearing we can then do a statement for you to take to court.

[dave121]

Thanks Ell, so can i go to the court tomoz and with the form and one of them on Q.10

Ah sorry put all of them down?

[dave121]

is it 15 mins allocated time?

[Ell-enn]

1. Your names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Write the three items from post 37

Cross out all options except The Applicant Believes

 

1. Sign and cross out all options except Applicant
   
2. Sign and cross out all options except Applicant. Enter your address and contact details.
   

[Ell-enn]

In case you haven't got one - I've affixed an N244

n244_0400[1].pdf

[dave121]

Thanks Ell i did one but yours is better....

will i get an hearing date tomoz do you think?

[dave121]

Do i have to do 3 copies ?

[Ell-enn]

Just do one copy for yourself to keep for the hearing - the court will send a copy of your N244 to the lender (watch them backtrack when they get it !)

[dave121]

Thanks Ell...

[dave121]

got the form in ok hearing set for the 21st of feb...

[Ell-enn]

OK, let's see what they do now .......

 

Have you got a copy of the SAR letter you sent - did yu send it by recorded delivery ?

[dave121]

yes i have a copy and it was sent recorded and have there signing reciept

 

where is the best place to complain about there conduct?

[Ell-enn]

Have you sent a letter of complaint asking them to deal with it under their official complaints procedure ?

[dave121]

No i phoned them, they are now saying its because my mrs sig was not on it,,, although they give me the SAR for the second loan? i asked for both SARs at the same time..