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

[dave121]

Yes thats right Ell, pretty shocking eh..

[Ell-enn]

I take it you enlightened her by showing a copy of your letter ?

[dave121]

Yes i did, thats when she ordered spml to get it sorted...

[dave121]

Well SPML have while 3pm tomoz to produce the SAR as ordered by the judge, will it just get thrown out if they have not complied?

[dave121]

SPML have not produced a SAR but they have produced a witness statement in support of the possession proceedings..

its basically what i wanted anyway without all the correspondence that goes with a SAR.

They have produced a bizzare 2 part statement ...1 going from dec 2010 to present and the other going back to 2003

And a statement saying "AS of 19th of dec 2011 the claimant no longer adds fees and charges to the arrears figure's " BOOM they have just admitted they used to do this.....

So i was certainly shocked when i added there fees up up to june 2010 they have charged me over 5k in fees alone ALL SHOWING THAT IT IS ADDED TO THE MORTGAGE ARREARS,,that is without arrears interest and other fees .....

 

They say my arrears as of march 2012 is £2714.11 Minus well over 5k in fees (that is in black and white and is their statement)surly not only can i get the eviction stopped but also the repo order quashed?

Please advise...

regards Dave

 

by the way i have a court hearing on the 16th of march.....

 

They say the recorded delivery for the SAR was not delivered even though i have a sig....T,,T,,,T

 

Does any body know if there was a court ruling telling them to separate fees from arrears? as knowing that ****** firm they certainly wont have done it off there own backs...

Edited March 6, 2012 by dave121
extra info

[Ell-enn]

Hi Dave, not sure about a court ruling regarding charges added to arrears, but I have read about it, will have a look around and see if I can find it - perhaps Lea_HTH might know the correct rules.

[dave121]

Hi Ell, thankyou, even if it cannot be found, you can not get evicted if you are clearly not in arrears with your contractual mortgage payments? and it is made up of fees...

[Lea_HTH]

There is no case law relating to arrears charges that I know of (and I don't have time to research). In any case, your hearing will turn on the facts.

 

If you have proof in the form of bank statements showing every single payment you have made, and this figure exceeds the arrears that were stated at the time of the original possession order in 2005, then there is no possible way that the eviction warrant will not be stayed. If there are no arrears then I would strongly suggest you make an application to have the suspended possession order discharged.

 

You need to set the payments out in a spreadsheet, showing the DATE, CMI, ARREARS PAYMENT - and then produce totals at the bottom of the page to make it very easy for the judge to see what you are referring to - he/she will not want to look through every one of your bank statements going back to 2005, but you will need to produce them just in case they wish to check. The judge will be looking at whether the arrears payments you have made have covered the arrears and whether the CMI payments have covered all the CMI that has been due over the years since the first court hearing.

 

If you have been charged unreasonable fees for being arrears since 2005, then you should start making a claim for these back.

 

If, on the other hand, the mortgage company are saying that despite them removing the charges into a separate statement you are STILL 2700+ in arrears as at March 2012, then your stay application will depend on whether you can afford to pay.

 

It is not entirely clear from what you have written whether the mortgagee has actually removed the charges and left an arrears deficit, or whether you are stating that the deficit was already covered by payments - your spreadsheet will give you the figures that will answer this.

[dave121]

Thanks for that, they have removed the fees for the last year only for the previous 8 years the fees are put on to the so called mortgage arrears.... charges well over 5k they say arrears are 2.7k so i am 2.3k in front of the contractual payments...

I dont need bank statements they have given me a statment of all my payments, as well as all there fees...

[dave121]

I am in court on friday, do i make another statement or just go with the calculations...

[dave121]

Ok back in court at 2pm i will let you know the outcome...

[Ell-enn]

Dave, did you do the spreadsheet of payments and charges Lea_HTH mentioned in her post ?

[dave121]

Hi there i did not do a spread sheet but i did do an annual totals of each year CMI,payments, and fees..

It has been adjourned again as the judge as ordered me to do a proper witness statement about my findings and also to give the claimant time to react..i think i will need help in this witness statement thing, i have to send it to there solicitors no later than the 23rd of march,

regards Dave

 

There solicitor, asked me if i was prepared to offer any proposals before the hearing and i said no..

can i email you what i put before the court today?

[Ell-enn]

Hi, yes you can email me what you took to court. We can then try to advise you on the witness statement.

[Ell-enn]

Hi Dave, need the following information:

 

 

Your list says payments in 2012 are 1099 - is that just January and Feb? have you made any payments this month ?

 

You state they removed charges for the last year - how much was it and should it be taken off the total charges of £6525 ?

 

 

I notice the CMI is different each year - was this due to a reduction in interest ?

 

what date in 2005 was the possession hearing

 

 

How much was the normal monthly payment at the time of the hearing?

 

 

what date did you make the first payment after the possession hearing?

 

Sorry for all the questions, but we need to get this right for the hearing - the figures you show in the list for 2005 need to be established if CMI due that year was 4565 and you made payments of 3196 - then no payment towards arrears was made.

 

as soon as you answer the above questions I can get the statement finished and sent to you.

[dave121]

yes same amount paid as feb for march

no just leave them on...

yes reduction in interest

november i think

around £330

not sure of the date i think it was november

[Ell-enn]

Can you find out how much you paid in 2005 following the hearing i.e. did you make a payment in November and December and how much ? need to know this so I can work out the correct payments for the statement. so I need to know the exact CMI pament due and how much extra you paid AFTER the date of the hearing. Can you find the original paperwork from the hearing - it will be the order from the court stating the exact amount of arrears on the date of the hearing.

 

Also noticed that in 2007 and 2008 you didn't pay the required amount towards the arrears which should have been £600 per year (12 x 50 extra) ? (2007 arrears only reduced by £46.98 and 2008 reduced by £247) did Acenden write to you about this? You made the correct amount in 2010 and I see you made larger payments in 2009 & 2011.

 

 

I know all this is annoying but we really need to get this sorted this time so they can't keep coming back at you stating you are in arrears.

[dave121]

i can get the info but it will be this evening is this ok? i will try to get it as early as possible

[Ell-enn]

Hi, this evening is fine - I will send the statement I am working on here in my office to my home email address so I can continue working on it tonight. Do you have a printer at home?

[dave121]

yes Ell i have a printer..

[Ell-enn]

That's great - you'll need to get the stuff printed off and ready to post to their solicitors tomorrow (make sure you have a large brown envelope to put it in) - it will need to go by special delivery. Can you hand a set into the court on Friday ?

[dave121]

yes i should be able too or post it to the court the same? im doing the questions now

[dave121]

Can you find out how much you paid in 2005 following the hearing i.e. did you make a payment in November and December and how much ? need to know this so I can work out the correct payments for the statement. so I need to know the exact CMI pament due and how much extra you paid AFTER the date of the hearing. Can you find the original paperwork from the hearing - it will be the order from the court stating the exact amount of arrears on the date of the hearing.

 

Also noticed that in 2007 and 2008 you didn't pay the required amount towards the arrears which should have been £600 per year (12 x 50 extra) ? (2007 arrears only reduced by £46.98 and 2008 reduced by £247) did Acenden write to you about this? You made the correct amount in 2010 and I see you made larger payments in 2009 & 2011.

 

 

I know all this is annoying but we really need to get this sorted this time so they can't keep coming back at you stating you are in arrears.

the hearing must have been in late november 05 i made a payment in december of £460 the cmi was £408

the amount of so called arrears at the hearing in 2005 was £3200 although it does not show that much in the statement they have given me?? sorry i can't find the court order...

I was in dispute with Acendan, in 2007 onwards as i found out they were charging me £22 a month in insurance even though i had my own insurance in place and sent them a copy of the schedule (buildings)

any more info let me know thanks...

[Ell-enn]

OK, back shortly, just cooking dinner..

[Ell-enn]

What dates did you make payments this year and how much was each payment ? (last question - I think)