Homeowners for Justice & an end to unlawful Repossessions By UK based bankrupt Lehman Bros Entities
Saturday May 25th 2013

Unfit for Trading Purposes



If, as one of our correspondents alleges, Acenden are losing trace of payments made via their much trumpeted website that gained so many gold stars and Blue Peter badges from S&P only one of two conclusions can be drawn. These are as follows:

a) Acenden are incompetent and cannot be entrusted with any licence to trade, or

b) Acenden is deliberately siphoning of these payments in a criminally corrupt conspiracy to defraud customers and the SPVs, in order to hoodwink courts and maximise repossessions and their own profit margins.

(Do they really secrete overpayments into a separate account if the total overpayment is less than £1000?)

Anyway, being charitable I’d go for incompetence.

But then again seeking to be charitable to this filthy bunch of liars, cheats and thieves takes several leaps of faith too far. My betting is on b).

The regulators should really take a look, providing of course that there is no conflict of interest that might actually prevent them from regulating in the first place.

3 Comments for “Unfit for Trading Purposes”

  • Sappho says:

    I have found their site very tricky to use and poorly set up. It is badly put together for a start. The problem is an Acenden loophole that I have never come across before which is when you pay by debit which leaves your account immediately AND you are given an authorisation code which confirms that it has been received – you’d think – Acenden reserve the right to later (and it can be 8 to 12 days later) cancel the payment on the grounds that they perform some sort of manual check to prevent “money laundering” – or so they have told me on two separate occasions, and they do say on their site that if the card is not registered to the same address as the mortgaged property they will subsequently refuse the payment. As the money has already left your account, it then doesn’t get recredited, we don’t get told what has happened, there is another alleged “missed payment” and someone somewhere has trousered the payment. Sorting this out is nigh impossible since they will deny ever having had the money, despite the bank statements and the authorisation code, and the printout of the transaction. Now is this company policy or is it individual employees helping themselves to a quiet bunce?

  • Sappho says:

    I have successfully managed to claw some charges back through a protracted claim which took over a year via the FOS. After some months the money finally got recredited. I was notified by Acenden when they sent me two default notices, which they helpfully explained was because I have received a negative debit. In any sane world this would be a credit but no, it’s the excuse to register two defaults. I have complained again and asked them to remove the defaults, and apologise and explain just what they think they are doing. However, they have refused to remove the defaults and their “final response” is that they are acting under the CCA and have no choice as the ONLY way in which we can be notified of money going in to the account is by means of a default notice. I have tried to explain this to the CAB and a solicitor and they think I must be making it up until they see the paperwork.

  • Capstone Action Group says:

    This, Sappho, is an outrageous breach of the Data Protection Act. Specifically section 10 of the said act is there to protect you from false and damaging entries. Raise immedite complaint with the Information Commissioner. They will be slow to respond (very) but once on it they appear to be very good. I would also raise complaint with the credit reference agencies. Once you have an information commisioner complaint reference they should also act. They have a lawful duty to ensure they data they process on individuals is accurate.


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A Manifesto

We aim:

1. To name and shame Capstone Mortgage Services as a disgraceful Third Party Administrator which specialises in ripping people off before dispossessing them.

2. To highlight the appalling practices of this firm which are systemic and unlawful and which cause huge consumer detriment.

3. To highlight the fact of insolvent trading by the Lehman Bros entities including SPML, SPPL, and PML; to further highlight their failure to comply with their legal responsibilities to submit accounts or appoint directors.

4. To challenge the locus standi of Capstone Mortgage Services to issue claim on behalf of the originating lender.

5. To campaign and lobby the regulators such as the Financial Services Authority to halt these abuses NOW, by applying the law and regulations as they exist.

6. To assist anyone in the process of fighting unlawful, falsely premised and vexatious repossession claims to mount a viable defence.

7. To campaign for fairer hearings before the courts in repossession claims than the anecdotal evidence suggests is currently the case.

8. To encourage in the media wider reporting of the fall-out for thousands of British families and households of the Lehman Bros bankruptcy.

9. To alert all concerned that the cynical makeover from Capstone to Acenden is nothing more than a PR rebranding exercise and has if anything resulted in more of the same from this appalling 'mortgage servicer.'

This is not just our manifesto. It is yours too. Feel free to post up suggestions and they will be considered for inclusion.


FSA Principle 6

" A firm must pay due regard to the interests of consumers and treat them fairly"

Securitisation and Fair Treatment – As stated by the FSA

In terms of the issues raised around securitisation, we expect a firm to adopt the same approach to forbearance for borrowers with mortgages that have been securitised as for borrowers whose mortgages remain on the firm’s books. Securitisation covenants should not constrict a firm’s ability to treat its customers fairly by exercising appropriate forbearance strategies.

Whither Deterrence..?

Margaret Cole, director of enforcement and financial crime at the FSA said:

"FSA rules ensure that financial services firms operate safely, protecting both their customers and the industry itself. Anyone found flouting those rules will face stiff penalties."

Really? Or did you mean THIS:

When I use a word,' said.... in rather a scornful tone, 'it means just what I choose it to mean — neither more nor less."

FOS Complaints STATS Courtesy of Dingle.

SPML 56% found in favour of complainant

1 July 2009 – 31 December 2009 – new cases

Kensington 50
SPML 56

1 July 2009 – 31 December 2009 – resolved cases

Kensington 50% resolved in favour of complainant
SPML 40% resolved in favour of complainant

1 January 2009 – 30 June 2009 – new cases

GMAC 54
Kensington 70
Preferred Mortgages 31
SPML 92

1 January 2009 – 30 June 2009 – resolved cases

GMAC 74% resolved in favour of complainant
Kensington 37% resolved in favour of complainant
Preferred 56% resolved in favour of complainant
SPML 48% resolved in favour of complainant

SPPL’s VAT (Yeah…I’m the Taxman…)

Direct from SPPL's Tariffs and Charges 2010

"All fees and charges are inclusive of VAT where applicable."

Now, where did we put those SPPL Accounts...?

s.27 of the Land Registry Act 2002

From the many prospectuses...

"Neither the Issuer nor the Trustee currently intend to effect any registration at The Land Registry of England and Wales, the Registers of Northern Ireland or any registration or recording in the Registers of Scotland to protect the sale of the Loans"

Why not? It is a legal requirement that they do so and any failure amounts to a criminal offence.

 

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