SPML/Acenden - Repossession.

[stegly66]

I'm looking for any help/advice anyone can offer re court hearing in 3 weeks for repossession, instigated by SPML.

 

I'll be as brief as possible,

 

the background is that I took out a £5k secured loan with London Mortgage Co in 2005 (which became SPML/Acenden in about 2010)

fell in to arrears of £400 in 2007 following redundancy.

They went for repossession which the judge  suspended with an order to pay the monthly payment plus £20 until the arrears were cleared.

 

I maintained this arrangement but the arrears continued to increase as they were adding monthly fees and charges directly to the arrears.

When I eventually noticed this, I complained but they said they were entitled to and they weren't doing anything wrong.

 

Unfortunately, I didn't refer this to the Financial Ombudsman within the 6 months time limit,

when I eventually did,

they said they couldn't help as it was out of time and SPML wouldn't give them permission to look.

 

Any payment arrangements made in the intervening years have been pretty pointless as the charges were always more than the additional payments so that by the time the loan came to the end of it's term in 2015, I owed them £17k.

 

Until this time, even though the debt has spiralled,

they have never once gone back to court to try and enforce the suspended repossession order. 

 

I feel that I have been treated unfairly but no one seems to be able to offer any advice as what to do in 3 weeks other than hope the judge also thinks I've been treated unfairly. I can't afford legal help and don't qualify for aid and bodies such as the Citizens Advice say they can give me debt advice but not legal advice.

 

Any constructive suggestions would be greatly appreciated as to what I can do to try and fight back or is it a pretty hopeless case?

[ericsbrother]

first thing, can you post up the statements of account and contract that gives them the right to add these charges? Also do you have the judges order that allows them to add interest to their debt above the actual principal (ie the money you borrowed)

You can most likely recover the whole lot plus interest and that will result in them having to pay you a very large sum of money, possibly more than the £17k debt

[dx100uk]

what jokers a £5k loan now £17k

bet theres all sorts of

arrears fees

debt visits

phone

letter

fees that can all be reclaimed at their int rate

 

get the statements quickly!

sar tomorrow

[stegly66]

Thanks for your replies.

I've managed to get the statements and the original agreement,

just need to redact and then scan them so I can post them up.

 

I can't however find the judgement from the court.

I know I should have received it but I honestly can't remember ever seeing it.

 

I do though have the letters from my solicitor and their solicitor confirming the judgement but not sure if that's helpful.  I also have a few copies of their list of charges, which I've been sent whenever they've ben amended. I'll attach what I have anyway once scanned.

 

I have raised a slightly different complaint with them along the lines of not being treated fairly and in contravention of the FCA Handbook which they have obviously rejected but said I could go to the Financial Ombudsman if not happy with their response. I've nothing to lose by doing this so I'll submit that tomorrow, but they have said they won't suspend the court hearing regardless.