Hi thanks for replying, I will ring and SAR them and pay the £10 later today. It is not a joint account. I have asked previously for proof of legal costs and was told we don't get individual bills just one for all of our customers from the solicitor !!!!!! I am at the point of just wanting to give the keys back I have been under a suspended order for just over 2 years and never missed a payment until June because my daughter was ill in hospital and i needed extra money for transport etc. I have also attempted to sell the house for over 3 years now but with no luck . Catch 22 Acenden will not let me rent because of the arrears yet i have people ready to move in if i could rent it out so i don't see the problem as long as Acenden get their money. Fed up now with it all, I want to get on with my life but feel it is on hold at the moment. Thanks again

Hi I know i should start a new thread but cannot find out how to Basically I have had my statement from Preferred/acenden which states the following; Payment Arrears £4437.53 Charges as a result of missed payments £2.127.13 Total overdue balance £4636.01 Other amounts due £198.48 It is the charges i am concerned about can i claim them back ? I appreciate any support with this, thanking you all in advance.

Hi has anyone seen the story in todays search 'this is nottingham' about someone being awarded nearly £18000 against Capstone for mis sold ppi. Yippee may many more follow

Hi all, I need a bit of advice, a couple of weeks ago my cousin asked me if i could put him and his pregnant girlfriend up for a couple of weeks whilst they got their new rented place sorted. Being the kind caring person that i am i agreed on the proviso that it was definitely short term and that they could not register at my address etc because i am just about getting myself sorted. Imagine my dismay today when i discover that his girlfriend has opened a bank account under my address and has an argos storecard in process. Ok i shouldnt of read the letter but it was left lying around on the side (foolishly on their part). How should i deal with this, surely the bank or argos would need proof of id and address which in 2 weeks they would not of been able to obtain. Would they ??? I am so angry and upset that they have abused my good will like this and really don't know how best to tackle this. I just want them out of my house but how do i deal with the bank account and argos card ??? Many thanks for your support, i know this is not really a mortgage query but i know the people on here will be able to offer me some advice. Thankyou thankyou thankyou

Hi the judge did say we could issue a defence but in his opinion it would only prolong the case and add additional costs to already outrageous charges. We did try and go along the lines that we needed more time to consider the new paperwork provided but he said the stand down time was sufficient for this. Even when i was crying with frustration he said Cheer Up, keep to the arrangement and you will be ok. My time was 3.15 and i was the last to leave at 4.50 so it was totally nervewrecking. He said they have defo got it in the contract that charges can be added to arrears as he had seen it many times previously. So do i wait now for the FOS to start asking me questions or is there anything else i should be doing? Another thing that i found disgusting was the fact that 1. Unscrupulous characters pounce on you when you are checking which court you are in. They want to know if they can help you ?????? with a remortgage to stop you losing your home. 2. The solicitors speak amongst themselves quite loudly, i knew all about the lady going in after me(she was with the CAB lady when they were talking). I knew who her mortgage company were, how much her monthly CMI was, how much her arrears were. It was disgusting how little respect they had for her privacy. Anyway not a lot i can do but just keep paying these ?*?*?

Well Hi All, Not good news. I attended court after having some advice from CAB they told me they did not think i had enough to ask for a set aside or an adjournment. We queried the differing amounts on my statements, capstones solicitor photocopied mine and the original contract. After phoning Capstone up they have said that the extra is interest due on interest because of the arrears. When we entered the court room the judge asked the solicitor what was happening she said that they wanted a suspended order with an arrangement of £50 on top of the monthly CMI. The CAB lady explained that i had some unresolved issues namely the figures not adding up, charges being included in the arrears amounts. Their solicitor stated Sir, this lady has 15 months payments missing. I was not happy at this and said no i have missed 6 payments over the last 3 years and 4 of those were over 18 months ago its the charges that make it look like that. The judge asked to look at the statement, at this point the solicitor produced a much more detailed statement which i had never seen and announced Oh i've only just noticed i've got this (yeah yeah). The judge arranged for it to be copied and stood the case down for 15 mins for the CAB lady and I to look at this. This statement did include the interest on arrears. The CAB lady then said that i would have to accept the suspended order. We went back into court and the Judge had looked back through the original notes from November 2008 and said were we aware that the original Judge had requested some answers from Capstone and that if the case came back to court the original judge wanted to deal with it and it was not to go on the usual repossession list. I said i was aware of this but Capstone had told me they had decided not to persue at that time so i thought that was good for me. The Judge said No what you should of done was insisted that the case went ahead because chances were they could not of provided the relevant paperwork. I then said well if they still haven't why can't we set aside, he said because i accepted their decision not to return to court. I then tried to say but we are back in court, same case, same number, but he said it was too late now. He then went on to quote all the different mortgage acts starting from 1970 etc. He agreed the charges were outrageous and to adjourn would only incur me more charges. He said he thought i was right to persue a FOS claim. The CAB said she thought i had been treated very shabbily and Yes to persue with the FOS. So sadly i ended up with a suspended order. BOO HOO BOO HOO The Judge said he only had so much power and sadly charges were not in that remit, he also said that Preferred have it written in their contracts that they can add charges and arrears together. So folks despite our high hopes it was not to be. I am currently awaiting a response from the FOS. Thanks again for everyones support and i will continue to support this site and keep you all updated with the FOS claim. Good Luck everyone and remember as EIE says stay strong. xxx

Hi well today is the day, I will report back this evening with the outcome. I just wish it had been this morning so i could get it over with, i am already feeling sick at the thought of going into the court. Aaaarrrgggggggghhhhhhh

Hi all, The plot thickens when i recently phoned them about the £115 a month charge it appears they actioned this through as a complaint. I get home today and a letter has been sent saying that they dealt with this complaint in August, they enclosed a letter of their findings all of course in their favour.They gave me the option of persuing the matter with the FOS but i was in such a state at the time that i didnt - silly i know - of course the 6 months time limit has now expired so i cannot do anything about that. However my latest query was about the £115 applied to my account in jan,feb and now March of this year. They also enclosed a tariff of charges etc and another typed copy of my statement but this time showing that the amount due was the same as on my original contract. However they are saying that i did not make a payment last August 2009, i clearly did and on the usual statements that we get it shows as being paid as it does on my bank statement. I just don't know which way to turn with this. If i turn up at court on Wednesday with all this additional information is the judge not going to say too late. When i have the interview with capstones rep before we go into court what should i say to him/her. How much do i save until actually before the judge. Help please

Hi yes i was on a fixed rate for two years then it went to libor plus 3.3% which is good for me at the moment. It adds up to about £500 so like i have said previously the £50 i thought i was paying towards the arrears has actually some months gone to the actual interest due !!!! I just hope the judge gives me the time to discuss these issues on Wednesday. I can't thank everyone enough for their continued support.

Hi sorting through my paperwork today, i found my original agreement which stated what my monthly payments would be for the first 2 years. Looking on my statements there were only 3 months that the interest amount due actually matched this the rest of the time the amount due was showing between a few pounds and up to £50 more. Should i bring this up in court ?????

Hi Ell-enn and Ryde, Yes Ell-enn i have inserted the paragraph thankyou I am taking it to court on Friday to hand in. So can i just clarify i am taking in Income and Exp form My statement Copy of letter saying they will not oppose a suspended repo Copy of their statement with all their charges highlighted Phew roll on next Wednesday so i can find out my fate

Hi Ryde, Thanks for that last message. I have just spent about 2 hours trying to make sense of all the figures. I have totalled up all the payments due less all the payments made added all the charges on and yet there is still a huge discrepency of around £800. I have roughly accounted for this amount in the fact that as i stated earlier i have letters from when the libor rates have changed stating eg your monthly payment due is now £320, however on my statement it states that interest due for that month is £360 (rough amounts) but you see what i mean. So when i have thought that my £50 has been reducing my arrears it hasn't. How should i deal with this in court i'm aware that i am cutting it fine timewise but i really want to give this my best shot. I have thankfully found the letter stating that they will not oppose the suspended order if i have been maintaining regular payments, i missed Dec payment due to a close family member suddenly going into complete kidney failure and i had to have some unpaid time off work. I have paid since jan, feb the cmi plus £50. I am beginning to become afraid now that the judge won't accept this and may even issue a straight repossession order. I know the threads on here pretty much tell the story that this won't happen but i can't help worrying. Thanks all for your continued support

Hi Ell-enn, No strangely enough a statement appeared on my doormat which details all the charged and payments made on the account. However there are some amounts that im unsure about ie. my monthly payment was some months £352 when i came off fixed rate and the libor went down, but the payment due is showing as anywhere between £365 and £392 so when i actually thought i was paying £50 off my arrears i wasn't. When i queried this last year capstone repeatedly said over the phone that they could not see this on their screens so did not understand what i was on about. Should i bring this up in court also the amount the solicitors are claiming on their paperwork doesnt even equate to the total amount due as per capstone statements. It is less but it does not represent the total claimed by capstone less the charges which i though it may do. (hope this makes sense). Looking right back to my mortgage offer i have also noticed that the photographs the surveryor sent in were not even of my property so not sure if i can do anything about this - clutching at straws now maybe. Another thing is my original account number has magically changed over time and capstone now use the same one but with some digits before and after it. So i have my statement letter, my I and E, and a copy of capstones statement highlighted all the charges and totalled them up and minused them off the amount capstone are claiming i owe. Is this correct. Is it necessary to send them to the court before the date or can i turn up with them on the day. Thankyou

Hi littledotty, I queried my charges of £115 per month with capstone and i explained that i am paying £50 towards my arrears each month. Obviously though they are not going down actually going up £65 because of this charge. They were not bothered to say the least and said that once the judge reset the arrangement in court next week the charges would stop provided i stuck to the arrangement. Its crazy all because i missed 2 payments in the last 13 months and had very good reasons for this. They stink beyond belief !!!!!!!!!!!!!!!!!!!!!!!!!!!!

Hi i have done the statement, however if at all possible i don't want to agree to let them suspend the respossession. I want the case adjourned whilst they sort out the figures. IS THIS POSSIBLE ??? Incidently the property has been on the market since oct 2008 with no joy, as it stands at the moment i will just about break even with solicitors fees and estate agency fees if it sells for what it is on the market for. Should i mention this to the judge that i have felt it necessary to put the house on the market due to the pressure and strain of capstone harrassing me all the time. I have also misplaced the letter from capstone informing me that they will suspend the repossession if an agreement is arranged. How vital is it that i have this letter with me on the day. Thanks for all your continued support

Firstly hi all, Rocket1, it is hard work being a mum and working but so worth it in lots of ways. I am fortunate that i only work term time so have no issues with holiday care etc keep looking and you will get your rewards. Ell-enn I have my statement and it roughly works out that £2400 is charges and £2800 is arrears that is 4 months missed at £590 and just over a month missed at £326. Is there anything i can do to stop them getting a suspended repossession order i really obviously want to avoid this. I have done an income and expenditure form which i have shown to have £72 left and i have offered £50 a month towards my arrears. I am really annoyed that even though i only missed 1 payment on my last arrangement then continued to pay both jan and feb at the pre arranged amount i have been charged £115 each month, and prob Mar by now as well. So in reality even though i paid £100 off my arrears i have in fact added another £130 onto my arrears. They are still insistent that they are claiming i am in arrears by £5000+ even saying that they can lump together arrears and charges on the court claim. I think i will be ok doing a statement if you could just give me the things i definitely need to include in this. Thanks again for all your wonderful support.

Can anyone please advise me ??? Please

Hi Ell-enn and EIE, They claim that they send me regular statements but i can't remember the last time i received one. All i need from them is a list of payments due, payments made and charges applied to the account. Is this too much to ask? I did pay £10 last year for SAR so i guess i could do this again but i'm not sure if i will get the paperwork in time. My situation is that i'm a single parent with 2 dependent children. I am in full time employment and can afford the monthly payment due now especially since coming off fixed term with the libor rate being so low. I have offered £50 extra a month and will have paid jan,feb and hopefully march by the court date. My payment date is near the end of the month as fixed by the judge last year. Do you think there is a chance that the judge may oppose the suspended repo order. Do you need any further information Ell-enn to help with the statement. I obviously don't want to post too much personal information on here because of who may be looking in. Thanks again

Hi, I have started my own thread now titled Capstone/Preferred/SPML I would be grateful for any advice you may have. I have been told to get hold of Ellen but not sure how?

Hi, I have finally managed to open my own thread(thanks EIE). I have posted many comments mainly on littledottys thread but i will give you a bit of background. I was took to court last Feb for missed payments. However because i had been making regular payments since the previous October the judge dismissed the suspended repossession request and set it as liberty to restore. I maintained payments until Sept when to pay for my HIP pack i had to miss the months payment. I also had to take some unpaid time off work in December so unfortunately missed that one too. Although i did offer to repay that over 3/4 months and that offer was declined. I have been given a new court date of 17th March. I have asked for a breakdown of arrears but have been told to get this i would have to pay £35. I did receive a letter from TLT Solicitors but that just gives the monthly figure due, the total arrears which as you can imagine includes a lot of charges. Capstone have sent me a letter saying they will not oppose a suspended repossession order if an arrangement is set up. However i really would like to avoid this and want to know what to do now. As i have not received a breakdown of all charges and missed payments i am struggling to get exact figures together. Can anyone please advise me as what to do next. Can i apply for the case to be adjourned before the 17th March due to the fact that i have not got the info i requested.Or should i turn up and tell the judge and see what he decides. Thanks for all the support i keep getting.

Hi no sorry not got my own thread. I have today received a letter from TLT Solicitors re: court date. All it says is this is a witness statement and has the figures for the total amount due then a total arrears figures and the monthly payment due. It has no breakdown on it, i received 2 separate ones an original one and a photo copy one. It also doesnt make reference to the fact that the contractual amount due changed a few months ago to £200 less a month so that is when i missed most of my payments. I have worked out my actual arrears equate to 5 and half months. I thought the new protocol says you have to have 6 months arrears before court action can be actioned.

Hi EIE and Caro, Thanks for taking the time to respond to my message i would like to know what steps i need to make now. The last time i went to court, the judge said he was not happy that the figures did not tally and adjourned for a later date but stressed that only he wanted to deal with the case. How can i build a case when they will not even let me have current up to date figures of the amount they are taking me to court for. I have had a letter saying they will not oppose a suspended repossession order if i maintain an arrangement. BUT they will not allow me to make an arrangement but keep charging me £115 a month so i can't win. So what do i do now when over half of what they alledge is arrears is actually charges. I am getting very stressed by it all now i don't know how i'm going to get time off work (i work in a school) to even go to court.

Hi all, an update re capstone they rang today and said that they will not accept my arrangement to pay monthly amount due plus £50 because of my most erratic payments over the last year. (i have missed 2 payments). Just a question, last year my case was adjourned with liberty to restore, however i have a letter from the court saying if it is not bought before the court by 8.2.10 then capstone need to start proceedings from scratch. Now my court date is 15th march so does this mean they have not followed procedures or because they applied for the case to go back to court before 8.2 10 is this ok. I asked for some up to date info and they said i can only have it if i pay £35. I have had no current info from TLT only a letter saying when the court date and time is. Your help would be very much appreciated as i don't know what to do now as i was hopeful that the arrangement would be accepted. If i don't get any paperwork can i contact the court before to request an adjournment or do i still have to turn up. Thanks

Hi, Further to my posts re: Preferred having no bank account. I again asked the question that if i wanted to pay by cheque each month would i be ok to write preferred on it and today was told YES. I queried why i had previously been told NO and was told i had been misinformed. So in future i will pay by cheque made payable to Preferred and see what happens. Incidently how do i stop Capstone from harrassing me, they are ringing my landline and mobile almost daily (bar sundays) at the moment. When i asked them why today i was told we just wanted to check whether you were going to make the payment due by 24.02.10. So i suggested very calmly that they wait till that date to see. I then made the payment by card to the very bemused sounding chap. Cheques from now on for me though.!!!

Hi Supersleuth, re my posts. I currently have a complaint with the FOS and i am considering starting one about data protection. The reason being enclosed in my pile of paperwork was a copy of a letter with all my details on it that was sent to a solicitor. Believe it or not the letter stated that i was deceased and could the solicitor please let capstone know who was going to continue paying the mortgage. When i contacted the solicitor he denied ever having received this letter and capstone said it was simply an error. Its a no win situation with capstone, i have asked if they would let me rent out the property to help pay the mortgage. They answered YES if you pay off all arrears and charges and pay us an extra 1% a month. Does it matter to them as long as they get their money. I despair at times with them i really do. I only took this mortgage to free myself of an ex-husband and keep a roof over my two childrens heads. Perhaps in hindsight i should never have done so and looking through my paperwork today i discovered the photographs on the original surveyors correspondence are not even of my property and homeloans landed themselves a nice fat £1875 payment for setting up my mortgage. I realize i may of been stupid its just i was in a very vulnerable situation at the time because i was already under a sus poss order with birmingham midshires. I think next time round im sticking with renting. !!!!!!!!!!!!! Sorry blast off done now just needed to do that. Thanks to everyone who continues to support each other on this wonderful sight. xx