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

[martin2006]

My understanding is that if you accept the FOS decision there is a form to sign for acceptance which stops you taking further action through court.

 

Its a simple case of accepting the decision and then get on with your life or reject the decision and go through court, for the whole lot.

 

Not responding to FOS by the required date is the same as rejecting but accepting becomes binding.

[cruzhughes]

Have just checked with the FOS.

 

Here's the response. What's your advice now?

 

Hi,

It is a goodwill gesture from the firm but would be settlement of the complaint. It would not be accepting a final decision here so it is not legally binding on either of you. I am not legally trained but I know the six year issue may be a stumbling block to take them to court as well. But you would need to get legal advice about legal/court timeframes.

Thanks,

[martin2006]

Look a little further down the road, assume you take the £600 and then issue a claim, the defendant will then argue that the claim was settled by FOS and that was the end of the matter.

Now as i said its upto you, accept and move on or issue a claim for the lot, simples.

[cruzhughes]

Right then this start this money claim then. Just refused the FOS. I'm going to have a look through statements later to double check amounts and anything refunded that needs to come off the form.

[cruzhughes]

I've found a few refunds but I can't seem to find what date precisely they correspond with as they are different amount. They weren't taken into account on the original claim so shall ignore them it's only a couple of £100 so hardly anything.

 

The statements just say refund between 2010 and 2016. But there were only 2 x £15 and 1 x £25 charges after this date.

 

These are fees arrears adjustment credit £45.10 on 31/1/11. fees arrears adjustment credit £ 73.90 on 28/2/11 fees arrears adjustment credit £15 on 30/6/11 fees arrears adjustment credit £15 31/121/12 refund fees and charges £180 and refund fees and charges interest payment £55.38 on 4/1/13

[martin2006]

dont include those whichbhave been refunded already but do include ALL other charges, including legal fees etc.

You may not get the legal ones back but it gives you more room to manoeuvre when it comes to negotiating settlement.

Always keep a figure in mind that you would happily settle at which of course would be less than the total amount you claim.

[cruzhughes]

The only ones that I can work out where they are from are the 2 x £15 ones. I really can't see where the others are from as they were only 3 charges in total from Nov 2010 until now?!

 

I need help with the POC and would you be able to check the statements with regards to the interest on arrears charges as I will add the in to the CIS sheet

[cruzhughes]

I've done the new spreadsheet and added the interest on arrears can you check this for me please? It's slightly different to the original one I sent in to Spml back in nov with the LBA. And I haven't included the charges after Nov 2010.

CISheet v101-1 Spml march-2.pdf

PDF Photos 06 Morg.pdf

[cruzhughes]

Martin I just want to remind you these charges started from 11 years ago so would this cause any problem?

 

And would there be any issues with the spreadsheet being different to the one on first request for repayment of charges on 5/11 and second one LBA on 13/12 that went to SPML when I started this.

 

As I've taken off some stuff but added the interest on arrears now.

[martin2006]

You cant reclaim the interest on arrears, this is additional interest after a payment was missed and is a legitimate charge so thise will need to be removed.

You can add in the litigation fees to give extra negotiating leverage.

Yes you can reclaim them back from 11 ago by virtue of the Limitations Act (more detail later when its needed)

 

Dont worry about the spreadsheets being a little different now, this is a fresh claim in the county court.

In clude everything post 2010 aswell.

I'll pop a link up for the POC i used against GEMoney, feel free to edit to suit your case.

[martin2006]

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=62178&d=1458651692

 

This is the POC i used

[cruzhughes]

I will use the old cis sheet then the post 2010 are on there I'll just need to alter the date

[cruzhughes]

This is what I started from your POC http://www.consumeractiongroup.co.uk/forum/showthread.php?467674-Acenden-Spml-Eurosail-Ge-money.-Are-these-all-same-company&p=5009574&viewfull=1#post5009574

SPML claim copy-3.pdf

[martin2006]

Spreadsheet is fine, PoC looks ok but pls await Andyorch to approve and make any suggestions

[cruzhughes]

Ok thanks can you look at the statements to check to see if they did charge interest on the arrears before the poc gets done. As a lot of the time the mortgage was higher than it started

[dx100uk]

just my musing

 

 

where have you gotten 8% int from?

and what this insurance you are paying?

[cruzhughes]

Thought it was 8!%. I can't prove I had it elsewhere for most of the time. But I've already had a partial refund for the years I could prove i held it elsewhere.

[dx100uk]

their mortgage rate

[cruzhughes]

That was different throughout mortgage. Started at 7 odd will have to look into that

[dx100uk]

use an avg?

[cruzhughes]

Ok will get on to that thanks

[cruzhughes]

Interest rate started on 17/02/06 7.09%

Changed to 5.55% 01/03/09

Changed to 4.77% 01/06/09

Changed to 4.18% 01/09/09

Changed to 4.11% 01/12/09

Changed to 4.14% 01/03/10

Changed to 4.21% 01/06/10

Changed to 4.23% 01/09/10

[martin2006]

You can use an average of the contractual interest if you are claiming compound interest in restitution, or you can choose statutory interest at 8% but make sure you use the correct spreadsheet.

[cruzhughes]

I've done an average of 4.78 %

SPML claim copy-4.pdf

[cruzhughes]

I had done 8% originally but dx asked why. Am I better off going for the 8 as it's slightly higher? Have I used the correct spreadsheet for either? CISheet I've used