Acenden, Spml, Eurosail, Ge money. Are these all same company?

[martin2006]

 

You cant reclaim additional interest, thats charged on the capital when you miss a payment.

 

Let me expand on what i actually mean by this if it wasnt clear.

 

Lets say you have a standard repayment mortgage. Your monthly payment will consist of 2 separate parts, part capital, part interest.

 

If you miss a payment, then the capital balance remains the same as it was before, the mortgage company then charge additional interest on this capital which was not repaid when a payment was missed.

 

Therefore it is not a charge, its additional interest on the capital

[cruzhughes]

Morgage is interest only unfortunately. I've made a start there are interest on arrears that I haven't added I've had to take a pic cos unsure how to upload from excel it was saying file invalid

PDF Photos 14-09-2016.pdf

[dx100uk]

you should be able to attach the xls file via go advanced/manage attachment bottom right

[martin2006]

Those all look ok for inclusion but be prepared to negotiate around the legal fees.

 

Are there any other charges after 2010 to date?

[cruzhughes]

Ok there's a front sheet for 2010 to 2016 saying £180 in fees but I can't locate them in statements they also have some fee credits on those statements

 

This is the last statements I have t started on yet looking for advice here as they are totally different to the others

PDF Photos Morgage.pdf

[CosmosBipinnatus]

This is the last statements I have t started on yet looking for advice here as they are totally different to the others

 

That's just a summary. Better to work with the transaction information. In my experience, the summary can be extremely misleading and unhelpful and contradicting the transaction data.

 

Edited to add: why is the £180.00 shown as a credit? Or, rather, is that £180.00 credit reflected in credit entries in the transaction records (the audit trail)?

[cruzhughes]

The last 6 years statements on on the pdf too. On here it looks like they refunded overcharged fees. In the borrowers notes they said they had called me regarding this they hadn't

[martin2006]

They are very difficult to read with so many debits and credits, I may need to print them off to go over them properly as I need to see what are credits against previous charges.

Any that have already been refunded, cannot be reclaimed now.

Does the £400 insurance premiums represent buildings insurance and did you have the same elsewhere?

[cruzhughes]

Sometimes but I won't be able to prove that.

 

Here's what I've done the spreadsheet off

PDF Photos 06 Morg.pdf

[cruzhughes]

I am almost ready to draft a letter up to reclaim charges is there a template I should us and is the spreadsheet correct

[dx100uk]

yes in the mortgage section of the library

[cruzhughes]

I found it. It wouldn't let me in saying you need to be registered. Logged out and back in all sorted

 

Just tying up a few lose ends and I've come across interest on arrears do I put that in the spreadsheet. Has there been some court ruling on that?

[dx100uk]

no because that's what the spready calculates itself

[cruzhughes]

Do I need to put spreadsheet in with reclaim letter

[martin2006]

Yes cruz you include it with the the request for repayment letter and then again with the LBA if they dont play ball.

[cruzhughes]

I've got a small issue I've left a few things out and I need to put a column in but it's already done the calculations how to I add to it and get the number of days to tally

[dx100uk]

you mean insert a row in

as you've left a few charges out?

 

 

using excel?

[cruzhughes]

Yes I'm double checking against statements. I'm trying but the last 2 columns on the row are staying empty where the days elapsed and the interest are. The ones above and below are as they were before I added a row and filled in new date, what it was for and charge amount.

[dx100uk]

right if you inserted rows it wont copy the hidden formulas

 

 

the trick here is to copy and paste the 2 entries BEFORE the ones that haven't worked in relevant the 2 cols

to the ones that haven't worked

[cruzhughes]

Will have a go at that then. Cheers

 

All done total charges £3.367.88 compound interest £3178.60 total £6547.48 editing letter next. Can't upload file here it's saying xlsx: invalid file

 

Here's the letter. Can you check it's ok and if I need to add or take away anything please

ACCOUNT NUMBER:

 

Request for repayment of charges

 

Dear Sir/Madam

 

 

My request

 

I am writing to ask you to refund the charges which you have levied from my account between 17/02/2006 to 04/11/2016 in respect of late payment, arrears management, litigation fees and legal costs to the sum of £3,367.88 and the sum of £3,179.60 representing the contractual rate of interest applied by yourselves in respect of the said charges this totals £6,547.48 (Please find enclosed schedule of charges detailing dates, amounts and interest) and. We now understand that such fees are unlawful at Common Law, Statute and recent consumer Regulations.

 

In the case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract as oppose to a charge which represents a penalty. This law was confirmed and upheld in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. A charge will be held to be a penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison to the greatest loss that could conceivably be proved to have followed from the breach. A penalty clause is void in its entirety and unenforceable.

 

In addition your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am the consumer. Your charges constitute an unfair penalty under Schedule 2 of the said Regulations which provide an indicative and non-exhaustive list of terms which may be regarded as unfair. Under paragraph 1(e) of schedule 2 this specifically includes terms which have the object of requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation. We would vigorously contend that this is the position regarding the fee of £3,367.88 which you deemed fit to apply to my account.

 

I would like to bring your attention to the following statement by The Office of Fair Trading:

 

"A term in a mortgage agreement which requires the borrower to pay more for breaching the contract terms than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations.

I believe that the charges you have levied of far exceed any true cost to yourself as a result of our breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of my breaches, in order to reassure us that your charges really do reflect your costs.

 

I really hope that this matter can be resolved amicably and without the need for redress to the courts. Thus I am asking that you refund the charges which have unlawfully been levied on my account. Failure to refund all the money unlawfully taken from us will result in us taking further action. I will give you 14 days to reply accepting, unconditionally, my request in principle and letting me know a date by which we will receive payment. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. Thus take this letter as 28 days written notice of my intention to issue a court claim should you not comply with my request. I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

Yours faithfully,

[martin2006]

Whilst i would always include legal and litigation fees in the spreadsheet, this would be more to give yourself negotiating space, you will be unlikely to get them back to be honest.

[cruzhughes]

That's fine. There's only one each of those and that comes to £736.88. Is the letter good to go? Who do I sent to Acenden, capstone or Spml?

[martin2006]

Looks good to go cruz, free proof of posting only required, no need for signed for etc

Were all these charges applied by the same company?

[Tired and Weary]

The complaint needs to be made to whoever owns your mortgage now ,be it SPML or one of the Eurosails. SO on your spreadsheet you would put whoever that is and your account number.(same for your complaints letter) .

i.e Acendens name/address with spml or eurosail.... and the account number underneath.

 

Send everything to Acenden and staple everything together so they can`t claim to have missed something.

 

If your mortgage was with SPML and is now with Eurosail ,they will try and claim that anything before Eurosail took over is nothing to do with them. And you would have to make seperate claims.

 

Usually something like 2010 or so they claim despite having Eurosail lined up from the beginning of your mortgage.

They are very difficult to deal with.

Good Luck

[cruzhughes]

All my charges are 06 to 11. Spml I have on statements however direct debits were eurosail.... got a little fight then I take it??