THIS SITE REFERS TO:
Capstone Mortgage Services Limited co.reg. #05381286
and Acenden Mortgage Servicing Specialists
Acenden is a brand name of Capstone Mortgage Services Limited, a company authorised and regulated by the Financial Services Authority (FSA Register No. 438372), licensed and regulated by the Office of Fair Trading (No.0579989)
Dear reader, have a look at this…unbelievable, sanctimonious and self indulgent in the extreme post recieved [Read More]
The Filth Capstone Acenden have a lot to explain. They have a lot to account for. And they have so, so much more to [Read More]
2012 has been a difficult year for all of us involved here – there’s no doubt about that. It’s been [Read More]
If you keep pressing long enough the truth will come out. And it’s important to remember that. WHY?..Because it [Read More]
Pity Margaret ‘PwC” Cole, didn’t get a mention here. She’s now off to the ‘Dark [Read More]
OH YES! The filthy and disgusting practices of the LIBOR fixing complicit Acenden. That’s where we were! We have [Read More]
Users need to tread carefully when asking for information from other users. I am VERY disturbed by certain recent and [Read More]
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 [Read More]
If, as one of our correspondents alleges, Acenden are losing trace of payments made via their much trumpeted website [Read More]
Having now gone over 55,000 hits on this incarnation of the Capstone Action Group site, 38,000 on the one they gagged [Read More]
Incase you write APPLE' then you may want to draw an apple beside the term. Kid friendly possess a appetizers should Read the post
Mmm ... I'm struggling to think why the filthy capstone / Acenden would be engaging in these despicable practices. Read the post
Have just logged onto the website to pay the monthly bill which should have been for May 1st but I have an arrangement Read the post
We're a group of volunteers and opening a new scheme in our community. Your website provided us with valuable info to Read the post
Ira, you should try and put yourself in the position of your whingeing customers you have quite clearly stereotyped and Read the post
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Don’t get angry get even. Reading your site, you are understandably very angry with ascenden. My issues with this Read the post
How do I go about making this happen and putting my complaint forward? they have caused me nothing but misery and Read the post
xcmwhbdfoefobdujpohspvq, Natural alternative to orlistat, oAEkjco, Using orlistat, bZXmZFu, http://iiaqc.org/ Weight Read the post
I believe I would qualify as one of Capstone’s customers that have been treated poorly, having lost my job I fell into arrears, they did not sympathised but merely asked for my entire arrears to be paid in full, having fought tooth and nail and with the kind intervention of a third party I now still live in my home but unfortunately I now pay my mortgage plus money off my arrears, however this does take up every penny of my benefits including the mortgage relief benefit I receive, thus leaving me with no money to live on, they still say this is my problem and has nothing to do with them in any way. I disagree,, its no wonder I suffer from depression,, regards
Dear Colin
Yes, you certainly do qualify – along with thousands of others who have been so badly treated by Capstone/Acenden.
What a pity you didn’t find this website sooner – there is case law which protects those in situations such as yours – you cannot be bullied into paying off all the arrears immediately and Capstone/Acenden know this only too well. You have the right to pay off the arrears over the remaining lifetime of your mortgage which, for most people, makes their lives somewhat easier.
Do get back in touch if there’s any advice/support you feel would be helpful – there’s a huge amount of expertise
available through this website.
Dear Colin,having read your post, I have to agree with Dingle. There is a number of ways that you can get that agreement altered, one is to apply to the court to have the agreement varied, the other is apply to CCCS who will complete a income and expendure account for you.
Acenden have to be consider other family members and the costs related to them, Given that mortgage interest help
is now reduced to 3.63 percent of the amount up to 100,000
and between 100.000 to 200.000 but are subject to differant rules. There is a lot of help on the site to file an application to the court(refunded fees if you are
claim support.
I have approximately nine thousands pounds in savings. That is to say £9000 which capstone have misappropriated and squirrelled away. My current interest rate is 7.5% over the London interbank borrowing rate which I believe is currently 0.68%. so as you will see I’m pretty clued up. I don’t spend much time at all in the pub but I have seen Amany living the high life in west London restaurants. Brook Green is ever so fashionable.
Pathologising the borrower is all so convenient Fernando but does very little to capture the truth in this situation. The truth is that you are a weak individual, prone to stereotyping and labelling without knowing whom you are addressing. I’ll take the pepsi challenge with you any day of the week on any of the substantive issues. But hey, who would want to do that when it is so much easier to resort to illl founded and abusive comments. Let me therefore return the compliment. You are an I’ll informed, ignorant moron and should stop wasting everybody’s time.
Hi i have a problem with acenden .i have gone through with them in detail with them over the last 12 months regarding my mortgage repayments without going in to detail i changed jobs around 11 months ago setting up my own business , to say the least its not going well and started to fall behind with repayments i owed £3500 just before xmas and they set a court hearing for 5th of december 2011. When i contacted them i explaind the situation to them and asked if i could go on to a intrest only mortgage the answer was no .then they told me the hearing date was the 15th of december i replyed are you sure because i have paperwork that states the 5th December .any way in the meanwile i payed off £2100 of the dept that was my savings i now have nothing.then a letter arrived just before xmas saying we failed to appear in court on the 5 december 2011 . we are stuggling to make the full payments we pay on avarage £100 per week my payment is £651. can any one offer me more advice .my arears today stand at £1600 i can sleep and my wife is in a right state crying all the time ,
why wont they offer me more help , i have offerd them £100 per week and explaind the difficulty im experencing with setting up a new business, i was on 35k before this year ill be lucky if i earn 15k .HELP ME PLEASE .
Regards
stuart
Stuart 1st thing whats the position with the Court,have you any court orders ie a suspended possession order?
Take no notice of what they say.
YOU MUST TAKE NOTICE OF WHAT THE COURT SAYS IN ANY PROCEEDINGS.
what was the outcome of proceedings dated 5/12/11?
I have had a letter from the courts saying that the case was unable to procceed due to me and my wife attending. but what i failed to mention in my last post was that when i payed of £2100 of the arreas acenden told me that they would contact there solicitors and cancel the court case ,this obvioulsy didnt happen .
How can i make any head way ,they do not understand my financial situation. i have had no wages for 10 weeks !! and im payning them what i can when i can out of my working familys tax credits. why wont they offer my a intrest only ?
me and my wife failed to attend court because we were told by acenden that the court case would be cancelled. My life is falling apart along with my marrage. have they got a rep who coud visit me and discuss the case in person face to face ,
Capstone/Acendens have somehow managed to lose my money as well. And they also somehow managed to go to the court four years ago and lie to them and get a 6 year valid 28 day procession order. It turned out that the order is not valid for 6 years at all and the cheats are not even entitled to any money from me or the DWP. They may be trading illegally! Go to the Consumer Action Wedsite and see the article about complaints to the CIB and dti about them.
They managed after several pressured complaints to find some 2500 of over £4600 that they claim was missing but still have lost another 11 payments and some lump sums. They found one lump sum of £1500 paid to them and when I threatened to complain to the DWP, the DWP money also appeared on my statement. That was at 16th Nov 2010, my arrears had halved to just over £2000, less the money still missing. Then we got the name change letter and the new statement today, saying we now have arrears of £5191.00 as if by magic. What rubbish?
So all the money has vanished again along with our records and documents and our signiture and agreement. They also refuse to deal with our representatives even though we have a consent signed as they say they cannot verify our signture as it was lost when they became Capstone from LMC or Southern Pacific. What a joke?
So, yes they are horrible people and you seem to have been treated terribly, all of you. These idiots are aragont, ignorent, and I cannot come to any agreement with them, even though we kndly filled out income and expenditure forms, showed them the proof that my husband had cancer and lost his job because of this and we had only some benefits to live on and we do not even get what we are entitled to there. We also applied for the scheme the last government invented but do not qualify and we had someone lined up to negotiate with a rescue package and they did not want to know. They just want all of the money in one go. When we cite company and case law at them they make that they do not know what we are talking about. We have the right to have our arrears over the life of the mortgage: they do not understand what we mean.
We have now stopped payments as we cannot agree with them and they have lost all of our money. And now learning what I just did that they may not even be legally collecting my mortgage in the first place as their director is being prosecuted and they have not paid tax returns; well I am inclined not to pay them anything.
I would like to know if anyone knows were I stand legally and are they also committing fraud as they get money from the government?
Cheers
Hi Lyn
Welcome to the Group – you’re amongst friends here.
Someone will get back to you with specific advice but in the meantime – you refer to a director being prosecuted.
Who are you referring to?
According to Consumer Action Group it is Amany Attia for failing to return accounts by the CIB people because of a number of formal complaints to then via their action website.
I have also made a formal complaint as he is also on the Acenden website as Chief Exe.
Is he not meant to be excluded from such a post?
Cheers
Lyn-Marie
Having just read your comment, I believe I am in a similar situation. Having been with Capstone now for nearly 6 years, been to court with them 18 months ago for a repossession after my husband was made redundant, I also believe I have been treated unfairly. To cut an awfully long saga short, the day we were due into court for the repossession, and only owing an arrears of 3 months, the stress became too much for me and at aged 43, I had a mini stroke, after which I lost my speech for a couple of months. As I was carted off in an ambulance, my husband attended court, and thankfully the judge had some compassion, as Capstone wanted to proceed with the case, but the judge ruled an adjournment due to the circumstances.
My husband was horrified by the Capstone representatives attitude, and am still grateful to that judge for his ruling, to which there were so many protests by the mortgage co. rep, that he was nearly thrown out of the court. This seems to be typical of how this company work- get the repro at whatever cost. I initially was only on the net to look up Ascenden’s telephone number, as I like many others are trying to pay off arrears, but now I’m thinking twice. I now live on my own with my children, am on ESA benefit, as at present am unable to work due to health problems, the DWP are paying two thirds of my mortgage, even though it’s interest only, and am really struggling to pay the rest. At the moment I have a solicitor that is trying to claw back all the illegal fees I have been charged, which amount to approx £3000, but this has been going on over a year, and you’ve guessed it they keep losing the consent form that I signed giving him permission to act on my behalf! I didn’t realise half of what I have been reading on the net about this company, and don’t think that I will pay anything to them today, I’m going to buy some heating oil instead, as it’s been months since we’ve had any heating and hot water.
Thank you so much for this website, Clare
first thing get your legal adviser to DX the permission to Acenden, Your ESA will give you a year under the new rules, and they should have stopped all charges on your account while the DWP is making payments.
With Acenden always in writing and signed for
never by phone. Your illegal fees will include interest added, and there legal fess are off the chart, request a fee breakdown from Acenden between them and there legal advisers, lodge a complaint against the legal
firm, e-mail the FSA add another complaint to the long list they have already on these crooks, Complain to the FOS, lots of help on
this site, So welcome and keep asking as we are all after the same thing.
Hi Guys,
I too am experiencing great difficlulties with Capstone / SPML / who ever. Even their own letters contradict each other
Obviously I reluctant to go into details here as it would identify me I beleive. However, is therea group action going on , or some solicitors on board I can consult with please ?
I have had so much trouble with acenden they say i have arrears of 6022.00 which most of this is charges they are trying to repossess my home. I do not know what to do. someone please help thanks
deborah,see charges refund section at the top of the page and click on,you must make a complaint to the FOS.We can offer plenty of help in doing this,so read the section first.
Hi deborah,
The first thing your must do is get a SAR request in to Acenden along with your £10 fee, The wording
is listing on this site, Then contact the CCCS and obtain an income and expendure from them, following
that or at the same time contact the FOS and lodge
a complaint( a final response is needed from Acenden) but is you have been complaining by phone and letter already and received no responce them they make issue a case number and write to Acenden.
At what stage is there possession action at.
There is a lot of help on this site, all of us are
in the same situation.
Can you please tell me in plain English please who the CCCS are and who the FOS are and how do I email them and what is the correct email for a complaint to the FSA Supervisory people?
Cheers
Lyn-Marie
hi, i just did a land registry search on my house and it shows spml as the ,lender. All i get are problems with fees from accenden, but do they own the right to my house? i ask accenden that if my lender is spml i wish to have direct contact with them and a phone number, which of course their is not. What does this mean? is their an spml? cos thats who i have on the LR?
thanks )
SOS HAVE TAKEN MY MOTHERS FLAT AND NOW GOING FOR MINE UPSTAIRS………HELP THESE ARE PROFFESSIONAL GANGSTER THEY SO HARRASED ME LAST YEAR WHEN THEY SAW I HAD A JOB THAT I LOST IT…NOW THEIR GOING IN FOR THE KILL ITS ONE BIG SET UP AND CONSPIRACY..FRAUD ABUSE OF PROCESS AND OPPRESSION IT IS CRIMINAL
Would be grateful for some advise, in 2009 my husband had an accident at work leaving him disabled with small airways diesese and unable to return to work we are currently fighting for compensation from the company involved in the meantime our second mortgage with Acenden has over the 2 years gone into arrears they do not help at all they continually want arrears cleared keep taking court action even though we have concrete paperwork backing everything up they are not interested at all they enjoy putting charges on and on and really do not care or have any kind of customer help. At variious points my parents have helped us out clearing the arrears but as soon as it is £1 in the arrears they pounce again which does not help my husbands health in any way. The solicitor dealing with my husbands case has wrote to them to which they do not reply and the only response we get is if you send a recoreded signed for letter then you may get a response a couple of weeks down the line we are again £500 in arrears again with a court case looming in August to get an interim payment to clear the complete loan with them in the meantime we are in arrears £500 again with the added costs they keep putting on and they are threatening court again why cant they hold of until after the August date they are so unreasonable and unprofessional do we let it go to court as they want on 26th of this month?
Jane if its a second charge I assume it was sppl as the original lender and its now been transferred to some eurosail company.
Can you say how much it was for and when it was taken out approx?
If it was under 25k chances are it will be regulated if over it won’t be.
Acender prey on people in bad circumstances like your own,the caring sharing luvvy we wiil do all we can to assist image they portray on their website is total slush and has not been borne out by their customers/prisoners hence this website and others.
If you go to court they will try for a suspended possession order and also add some £800 in court costs so its best avoided.
Consider claiming to the FOS.
If you can answer the above questions I am sure we can help here.
Jane, Also submit a SDAR. It you were in arrears for as long as you say, there is a chance alternate action was taken by Acenden through their insurers. If SPPL were paid out tell them to swing for it.
the loan was for £31,000 and it was orignally with sppl capstone then now Acenden we had the insurance which we thought would pay out and clear the loan after my husbands accident but it paid out for one year only and they told us we had to have insurance to get loan at the time, looking back now how stupid we were to even entertain them and not being up on all the abreviations what is a SDAR that another person is suggesting ??
THe comments seem to be all over the place date wise. I will try to fix this. Jane, to answer your question an SDAR is a legal right to request all information they hold on you including statements, payment history, brokerage, copies of emails they have sent between themselves on the running and mismanagement of your account.
It stands for Subject Data Access Request and is your right under section 7 of the Data Protection Act (1998). There is a templated letter for this on this site. I will post the link for you when I get into the office.
Hi Jane
Here, as promised is the template letter. You will need to amend it to reflect your details. It needs to be signed by both parties to the loan/mortgage and you will need to enclose the £10 fee.
they will try hard NOT to fulfil this request but if they give you any nonsense you can threaten a complaint to the Information Commissioner’s Office who can fine them up to £5,000.00 for non compliance.
YOUR ADDRESS
THE DATE
THE DATA CONTROLLER(S)
CAPSTONE MORTGAGE SERVICES
ST. JOHNS PLACE
EASTON STREET
HIGH WYCOMBE
HP11 1NL
Dear Sirs,
RE: MORTGAGE ACCOUNT NO: XXXXXX- DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST
You currently hold details of my personal and financial information within your internal record systems with regard to my personal loan account/ mortgage as numbered above.
Please supply me with a complete list of transactions and charges relating to my history with your organization and do so by reasonable return as you are required to. Please provide the following for this account or associated accounts I have held with your organisation, or those that have been transferred to other organisations:
1. The opening balance of the mortgage you are claiming possession for, the current balance, the total amount paid in the lifetime of the account, the status of the loan as interest only or repayment plus interest and the level of interest rate applied month by month in the lifetime of the account. Please also confirm my current interest rate, as you have not passed on any of the cuts made in the BoE base rate or indeed the LIBOR, on which my interest with yourselves is contractually based. Additionally you should furnish me with all prior copies of correspondence I have received from yourselves or your collecting agents Capstone Mortgages, or any other collecting organisation, including all correspondence which have notified us of interest rate cuts, interest rate increases and any variation of our payments during the lifetime of the account
2. I require details of the date my mortgage with you was securitized, details of the required and relevant entry to the land registry title as a result of said securitization, date of any repurchase of the mortgage and all information regarding the subsequent further amendment or updates of the entry to the land registry title XXXXXXX
3. Full copies of all contracts, including the original terms and conditions, pertaining at the time of the agreement, which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.
4. A complete list of all transactions or statements relating to my mortgage with your organization.
5. Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records, for example telephone calls, which pertain to this information.
6. Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial information, or which pertains to me.
7. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
8. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices or locations.
9. All documents you have held or do hold pertaining to Land registry title XXXXXXXX
I enclose a cheque in the sum of £10 to cover your fee. Note that this is not payment towards arrears on this account and is solely for the purposes of expediting the Subject Access Request.
AS YOU KNOW YOU ARE REQUIRED IN LAW BY VARIOUS STATUTES, REGULATIONS AND REGULATORY AND LICENSING AUTHORITIES TO PRESERVE AND SECURE ALL SUCH DATA.
And when you do receive the info, which will be on the last day they are obliged to provide it, check it and check it again because the lying scum will try and with-hold as much info as they can get away with. Good luck!
I have just read all of the posts regarding Capstone/Acenden Mortgages to my horror, as i have just found out that my parents are in arrears with their mortgage (both have retired) and the amount they owe nearly reflects the value of their home. As far as i am aware, they have not received a repossession order but i don’t think that date is too far away. Please advise on what procedures i should follow as i believe that their mortgage is going to escalate to a value beyond it value and they will be homeless. Any help on this matter would be greatly received. Thank You
I have just stumbled onto this site and am glad I am not the only person who has fallen victim to Capstone. Unfortunately my situation ended in Capstone repossessing my property and not going through the courts to do it. I effectively lost all my possessions. I pray no one else suffers the same fate.
WE are in desperate need of advise as capstone/acenden are proving really difficult to deal with we have had 3 years of no answers and numerous court summons and attendance.We are at our wits end and have no idea where to turn.We cant go to another lender till we get these people to put things right.
Post up your problem Chris and we’ll try and help.if its sensitive use the site email borrowerstrust@gmail.com
i have a court case on the 24th november,which their solicitors have sent me a letter dated 18th that their client is going to ask for an ajournment as i have an agreement in place.They also sent their defence papers dated 14th with copies of other peoples private details ,is this normal?
Tom McGrath
How did it go on the 24th?
24th went well ,case was adjourned with no timescale
Hi People
They failed to get their hands on my house again yesterday. Judge altered the terms of the SPO. However they are making a full defence of their fees in the county court. I shall keep you all informed.
Hi Geoff,the fact is this crew never give up,it would benefit all if we could see a copy of their defence and if or how they quantify their fees in the light of the fines against DB,redstone etc.
If you could send a copy of their defence in total confidentiality to the site email:borrowerstrust@gmail.com we will go through it,we may be able to come up with a viable counterclaim that everyone can use when faced with repo,now that would cause them real problems.
Great news: hope my judge does the same: looks as if I am conducting my own defence on Tuesday, because of a delay in my transfer to Shelter as I was too ill to follow it up last week; but they have assigned someone to our case and we have a phone interview with them on 20th. We have been given some advice about preparing for the hearing, and as it is the arrears amount and lost payments that we have to deal with only; and ask for an adjournment. Well, I am more intelligent than Capstone; so I am more confident now than I have been for some time.
I will unleash hell!
Well, Capstone tried a trick that court them out today. The rep they sent was very nice but tried it on and as I was not well enough to go, managed to bully my clueless husband. I had him well prepared however and he was able to out whit them. The duty solicitor that we were meant to see was not there so he had to negotiate himself and he phoned me as they were trying it on over the missing payments. They cannot trace them, even though they are on our bank statements and that is a problem. He rang me and I told him not to take any nonsense from them; the payment is on the statement and that is their problem. I told him to stand firm and not to get into the details; it is up to the judge not their solicitor. It turned out that the print out that they had, had info missing, deliberately missing; the bit at the top of the account statement, the in and out and the date and the descriptions and they had gone a bit funny. But the account heading was also missing and the statements I submitted had all this on them; Capstone had removed it. I guess the judge was not taken in by them and as the charges and the missing payments now add up to almost £9000, which would wipe out the arrears and give us spending money, plus interest, she was not prepared to just let them dismiss them. She could not accept them on face value, but she would if they are fuller; I do not know what she means but if Capstone pay to print out full statements for the last four years, then fine. They can also pay the postage to send them via snail mail and they can also redact them themselves. We have to 10th January to re-submit them in any case, so no problem, but Capstone will get their copy via our new rep.
I am just fed up with the whole thing, but at least the judge had some sense, well we women often do. She also would not give them the monthly payment that they wanted. We offered £300, but we can now go to £400: the payment each month should be £420, but they get some money from the DWP, so in fact they would have got £460.00 in any event.
We stood firm on a maximum of £400 and the judge took the DWP money from the monthly payment, figured in £17.00 for the arrears and we are paying £383.00 from the middle of January 2012 and no lump sums as the missing payments have to be resolved. The hearing will not be filed again until after 17th January and by then the people at Shelter should have something else worked out. We are being referred to a mortgage rescue scheme and we have an appointment with them on 20th, so now we can look forward to Christmas and New Year and get enough time now to put the house on the market at the end of January which is our plan in any event. If we sell the house, whether or not they sort out the missing payments, we are going to withhold them from our settlement in any event. I am also going to speak to someone about these charges as the court has also decided that several of them have to come off as well.
I am more confident now. Thanks for your support. I hope this is the turning point, but again if Sarah Tribe had have responded to my emails over the last four weeks from Capstone then this issue may have been sorted before wasting another two hours in a stuffy court room.
Cheers
Bandit Queen
Having now almost repaid all my arrears I am now being lured by all the TV adverts into attempting to reclaim my PPI refund, Has anyone been successful in doing this with Acenden and if so is there any advice I can get, Also can anyone tell me why these @#?/ARDS are still in business and why the courts entertain their attempts to fleece honest but unfortunate folk out of their homes, I wonder how much of a financial burden local councils are aware that they put them under by making people homeless, and what percentage of suicides are directly related to their actions, surely a sound case for corporate manslaughter.. rant over, happy new year all,,, I hope everyone gets to keep their home this year
The only advice that I have Col is that which was on Watchdog a few months ago; don’t rush into any of the firms that claim to get your money back for you and under no circumstances pay them anything upfront. They have to be regulated and have a clear code of conduct and be totally honest and upfront when asked about how much of a cut that they take from the final payment. Give a few of them a call and do not commit yourself, tell them you are making an enquiry only and have a few questions about how much they charge when they recover and if they recover your fees. Ask them upfront how much their cut is, and then say you will get back to them, but do not give them any personal details until you decide to sign up with them. Be firm. They have to tell you correctly if they make a percentage of the money recovered and how much that is. You must also be prepared to give them a fair cut if they are doing the work and will find that they are charging about 25% to 40% on average of anything that they recover for you. They have to send you your money as soon as they receive it and they cannot hold onto it. If they state that they do not charge unless they recover the money or win your case, they cannot make you pay anything. Weigh all of them up carefully and go through a few before you decide if you want to let them recover the money or not. Remember, you can do this yourself. The banks have set money aside and they cannot in theory refuse you unless they can prove that you were not miss-sold and most of them are not even bothering. You can download a template letter from Watchdog website and from Money Matters websites. It may take longer and they may say NO! Do not allow them to cheat you and to say NO! The case is already decided and even if you have tried and failed, that was before the high court case. You have a right to pursue this matter. You may need to take the case to the Ombudsman and I would suggest this may be the case with Capstone as they are scum and dishonest; but if you did not understand the policy, felt it was not explained to you, really want it, it was not suitable for you; they sold it to you although they knew that you had a disability and they said the policy would still pay up, or they then refused to pay up; or they simply told you that you had to have it or they would not give you the loan or led you believe this or they added it and you did not realise; then the insurance was miss-sold. I have heard that Capstone have added insurance and not told people. Whatever the reason, the case has been decided, the money has been set aside; you need to make a claim. You also need to add interest; compound interest on the money that you have paid out. It may be easier to use a company or a solicitor, but remember they will take a cut as a fee if they win, but you do not have to pay anything upfront before the case is won.
Good luck.
thanks for the advice I will certainly look into it and keep you posted,, Cheers
Hi Stuart,
The main problem that you have with the court is that you did not attend, not by your fault but that Capstone told you they would cancel the court proceedings. Do you have this in writing?
You may be able to get a new hearing if you do and raise your financial problems with the court and what you have paid on the arrears. You seriously need to get correct advice on this from a housing charity or your local law or welfare advice people or the community legal people and from shelter who can refer you onto a local person to help you. I hesitate to recommend them, but your first port of call should be the CAB who have specialist advice on this sort of thing and get them to help you to fill in a form for a new hearing. If you did not go to the court as the company told you that they had cancelled or would withdraw then they have failed in their duty of care to you and you may be able to do something with legal help. Depending on your financial situation, you may also get legal aid; but it depends on if you have any benefits or low wages or not.
Again, ignore most of what Capstone tell you; they are liars and cheats and not an honest company. They are criminals and scum and many of us are being cheated by them. Also do not take what they call the arrears for granted: they lose payments and put charges on that are illegal and dishonest. Have your statements checked carefully.
They will not offer you an interest only mortgage: forget it! They do not do this. It is unlikely that they will agree to anything that is not ordered by the court. That is not the way they operate. I am not trying to be a kill joy or upset you but these people do not do anything the way a normal mortgage company does. It is true that they should consider all of the options open to you and discus them with you, such as interest only; but they will not. They may refuse or just ignore the offer. It is something that you could have someone negotiate with them from shelter or another third party or ask the court about. There are other options as well that you need to find out if you qualify for them, such as mortgage rescue and shared equity in your home. The local authority housing options can help with this, but you need to refer yourself to them, or ask for a third party to refer you to them, and even the court can refer you. Capstone are not great at dealing with third parties, but if you get someone with bite, they have no choice as long as you sign the right paperwork to allow them to act for you.
Again, take not much notice of what they say but get everything in writing and get some proper legal help to put a new case together, especially if they have misled you by claiming they are withdrawing from the case.
Good luck
Lyn-Marie
Sarah Tribe an investigator at Capstone Mortgages is responsible for the stroke that my father and his collapse has suffered this week due to her and her cronies insistence that my elderly mother provide her personally with full bank details that they paid £3000 into on my behalf in 2008. This is despite the fact that Capstone issued a statement showing the payment which has been accepted by the court. They also sent a large typed receipt and then they did not put the £3000 on the account and so this is now lost as Capstone do not know which of the five bank accounts that they have changed it was paid into. They have full details of the account that it came from and the date it was paid and the reference number, but as it was a saving account from 2007-8, my mother no longer has the book and does not get statements. The Halifax cannot find the details as they do not have it from that time, but would have to go to the archives and they make a charge for this to produce a duplicate statement and she does not have any on line access as she does not know how to use a computer. We have sent them a copy of the original payment slip that we paid into the account, a copy of the receipt that they sent, a copy of the print out from the bank from the time, a copy of their solicitor letter and the statement that they produced in 2008 with the payment on, prior to its disappearance. Sarah Tribe wants us to tell Capstone what their bank account was at the time and which one it went into. How the hell should I know and how is my elderly mother meant to know, she dies not understand what I am talking about?
Due to the pressure and the stress that this has caused us and my mother, my father who has dementia and is quite frail and in his 80s collapsed a few days ago and is in hospital and they think he had a stroke. He has to go to the rehab unit, miles away and we are back and forth every day. I have informed Capstone of this and not even an apology or any response. These people are ignorant and rude and if they so much as even ask me to send them a letter from my fathers doctor, I will personally put my hand down the phone and strangle them.
To cap it all; we are waiting a new court date to restart the debate over the missing payments and possibly have the warrant dismissed, but have not even had an order as yet and no court papers and so we do not know when the new hearing is. My husband has had prostate cancer and has had several side effects as a result. Since July he has been waiting to have an operation that will hopefully resolve some of these very serious side effects and put his water works back into working order, which will also be painful. He had a call today to give him two dates: one for the pre opp on 22nd and one for the opp on 1st February and he will be unable to do anything for up to six weeks after the operation and not even drive for three weeks. He will certainly be unlikely to be able to attend the court.
As we know that the hearing will not even be listed until at least seven days after 17th January I am now very worried that the idiots will make a date that is when he is at the hospital or that he is having the operation. I am getting the appointments and the surgeon to put it in writing, but I know these courts and I cannot cope with it alone. I will be sending them in advance and ask for a new date. I know Capstone will not agree, but I really do not care; I will ask for it on the day if I have to.
I wish I could prove that they caused this collapse; I could just do with giving the press a nice juicy story. I have half a mind to go to the papers in any event and well the press are not really caring of if they did or not, my being convinced should be enough. Sorry to waffle on, but this has made me very worried and very angry.
If these idiots do not know the bank account that the money should have gone into, which is their account, just how do they expect me to know?
Oh, well, sigh!
arrrrrg i hate capstone, cannot go into details as it makes me so tearfull but very similar to all your stories with multiple charges and court apperances, wish we were all in predicument to re-morgage or we could all strike in our payments
happy to discover the sadr? tho, will defo be going down that route 
We are at our witts end………. We have a second mortgage with Capstone/Acenden (it was SPPL when we first took it out)which we took out in 2006 as a desperate measure. This has not resolved the position we were in and due to circumstances changing plus being made redundant we now have nearly 15000 pounds of arrears. We have been to court and got a SPO but our situation is not improving and we have now resorted to putting the house on the market BUT the amount it is valued at will not cover both mortgages and by the time the estate agent and solicitor have taken their costs, it will cover the first but will leave us roughly about the arrears amount short. Where do we stand with this? Do we need to tell them we are selling? They are not easy to talk to at the best of times but there is no way this house will ever be ours!as we are on an interest only mortgage with the first mortgage. We do not want it being reposessed but we know we dont have much time! It is upsetting but we want to leave it in a dignified way and can only pray we find a buyer! Can anyone offer any advice as to what we can do or speak to? as we dread the post coming everday, thinking it will be a court summons!………HELP!!
Does anyone know of a good lawyer that will act against Capstone, knowing how they operate?
Simon
Capstone Ascendon or Preffered are they the one company we are in the middle off repocession an any third party has been unable too help, we have recieved a notice of intention to make an order for delivery off possesion off land have contacted them but are in no position with a the house aso make a lump sum payment.
What are the next steps how long do we have too hand over
the house as i have a disabled husband and a child with adhd can you please help me.
Whats occuring ???.
HAS EVERYONE GIVEN UP.
HAVE A BREAK FROM IT ALL AS IT GETS TO YOU.
BUT NEVER NEVER SURRENDER
I have not given up, but we have to take it to the circuit judge to have it brought back to court as they had a hearing when my father had just died and we had not able to go and told them. The judge was not informed so we have leave to appeal. Now is a waiting game
Just to say that media interest was followed up and interviews have been given to channel 4 by at least two and maybe more Acenden victims. It may prove worthwhile. If things have gone quiet it may be because the media have asked the **** for interviews (I think they wanted Amany Attia herself) and also as a result of the successful FSO action referred to elswhere on this site (which is unlikely to be a lone ruling) which has stated that compounding charges is unfair, thus placing in jeopardy the **** main revenue stream. If anyone is dithering making a claim to the FSO now is the time to do it. Also if the broker who sold you the loan has gone out of business and is listed as being in default on the Financial Services Compensation Board website – it might be worth making a claim to them.
Acenden charged me £80 for paying what they consider to be late. It was within the payment date, but they said it takes x amount of days to clear in ‘their’ system. I only pay now by logging on to their website to avoid them taking excessive amounts, which I consider to be unlawful. I don’t like to agree to their ‘T&C’s but have no alternative, otherwise the website doesn’t accept your mortgage payment.
I also proved I had buildings insurance, but they charged me for their own buildings cover. I was assured I would be refunded once proof was show. Instead they have deducted the amount from arrears which I do not have, as I pay my mortgage every month!!!
This is the worst company I have ever dealt with. I didn’t ask for Acenden to take over my mortgage, but I am bound by their outrageous T&Cs.
Have you checked the terms and conditions that you actually signed up to. There is nothing legal about forcing you to pay online, especially if it is not convenient to you, and by that the best way for you to pay. I pay straight from the bank using what is called Faster Payment Method and is similar to BACS and all those other online banking bill payments that you set up and control yourself. They all take between 1-3 days to clear their system! They are either liars or have a very out of date system as most payments via bank transfer or on line are actually on the receivers account the same day! It may take a day or two longer over a bank holiday but normally it is very fast these days as it is automated. It is all electronic money in any case and is done by high speed and high tech machines! These idiots have an old fashioned set up! That is the only reason it would take 5 working days! Are they that lazy that they cannot check their computers to make sure the payment is there? And I cannot understand how they justify charging £80.00 late fee. Late fees are actually illegal and can be claimed back! The most I have ever paid as a late fee was on a credit card: £25.00 and they gave it back when I let lose on the phone! Acenden are outrageous and do not do anything within the law. They bribe and lie to the courts and are crooks. It is an absolute disgrace that they claim they can force you to pay online. In fact they cannot force you to pay any way! It is up to you how you pay. You should refuse to pay this way and set up a Faster Payment Method on line on your bank account. Just go to the payments option. Select new payment and put in the details: Acenden: their sort code and receiving bank no any your reference no which is your account no. Press confirm and do the security bit and make the first payments. The details are then there for you for future payments. Next month go into your bank on line select payments: payee list. Tick Acenden on list and put amount and tick for immediate payment or put date and put pay. Done. You control and it is there the next day. They call it alternative and charge me £5.00 as it is not BACS, but banks do not use this anymore, and I row with them, but I told them it was this method. If you just do it, say nothing, then there is nothing they can do about it. Better than £80.00 in any event. Again outrageous. Complain to the financial ombundsman person.
Also thank you for your welcome.
sell and go bankrupt. thats what i would do.
Thankyou Lynn we are at are wits end an dont no wat 2 do next.