"I have missed 2 payments, 1 in August 2008 and 1 in January 2009 and I have explained why I missed these payments, 1 due to travel expenses (after being un employed for a month and a half) in the 1st month in a new job and the 2nd due to the council tax (priority bill) having to be paid for 2008." Don't panic! There is no way that Capstone can take you to repossession if you are only 2 months in arrears.

Hi HughJ As you can meet your payments, and are looking to take the very serious option of letting repossession occur and then potential bankruptcy, can I urge you to get qualified legal advice about how this will affect your situation, rather than that of just people trying to be helpful on a forum.

Just wanted to give a quick post of reassurance. If you can offer what you state in your posts, you really have nothing to worry about. It may be worth thinking about explaining to the DJ why you can afford more than the Suspended Possession Order amount now, e.g. what has changed to mean you can afford to pay now.

Just wanted to give a quick post of reassurance. If you can offer what you state in your posts, you really have nothing to worry about. It may be worth thinking about explaining to the DJ why you can afford more than the Suspended Possession Order amount now, e.g. what has changed to mean you can afford to pay now.

Case law Cheltenham & Gloucester Building Society v Christina Norgan Court of Appeal 5 December 1995 States that when considering what is a reasonable period of time to clear your arrears, the Court should consider the remaining term of your loan to be a reasonable period. Its best for you to clear your arrears as quickly as possible. Saying you will pay what you can when you can is not good enough for the lender, and not for the Court. Consider your finances and offer to pay a fixed sum (as much as you can) every month towards your arrears. As long as this clears the arrears within the term of your loan, the Court should consider this. Don't be afraid of the Court Hearing, its mor like an office meeting with a few people present. If it gets to that, complete and income and expenditure form (which you should be able to find on Google) to show you are offering as much as you can, and the Judge should give you the oppotunity to pay this.

Hi Sodem-hall Pre-action protocol brought in by the CJS last year states that a lender should not take action against someone who is actively pursuing an insurance claim. So you need to be able to prove that you are doing so. I know it can be frustrating to speak to off shore call centres, but ensure that you are doing everything you can to pursue the insurance claim. Send them letters and cc your mortgage company in. What you also need to do, is accept that, techincally, you are in arrears as your mortgage payments have not been met, albeit due to this issue you are having with your insurance provider (is it a seperate provider from your mortgage company?).If you can pay anything, even token payments, make sure you are doing this as at a Court Hearing this will be of benefit to you. Lastly, if you get a Court Hearing date do not be afraid of this. It will be more like a meeting with only a few people present. If you can explain the difficulties you are having with the insurance and what you are trying to do to solve this to the Judge then he/she is likely to look favourably on this. It is also ridiculous for Drydens to insist on the whole amount, as if you can afford to meet your monthly instalment and pay a little to the arrears a Judge would allow this. As for the letter about the insurance, it does not have to be in legalese, just explain your issues and what you feel should be done.

Hi Sodem-hall Pre-action protocol brought in by the CJS last year states that a lender should not take action against someone who is actively pursuing an insurance claim. So you need to be able to prove that you are doing so. I know it can be frustrating to speak to off shore call centres, but ensure that you are doing everything you can to pursue the insurance claim. Send them letters and cc your mortgage company in. What you also need to do, is accept that, techincally, you are in arrears as your mortgage payments have not been met, albeit due to this issue you are having with your insurance provider (is it a seperate provider from your mortgage company?).If you can pay anything, even token payments, make sure you are doing this as at a Court Hearing this will be of benefit to you. Lastly, if you get a Court Hearing date do not be afraid of this. It will be more like a meeting with only a few people present. If you can explain the difficulties you are having with the insurance and what you are trying to do to solve this to the Judge then he/she is likely to look favourably on this. It is also ridiculous for Drydens to insist on the whole amount, as if you can afford to meet your monthly instalment and pay a little to the arrears a Judge would allow this. As for the letter about the insurance, it does not have to be in legalese, just explain your issues and what you feel should be done.

Sorry to hear about your troubles. Just to confirm, have your mortgage company already obtained a possession order? If not, Pre-Action Protocol brought in last year states that they should not start possession proceedings against somebody who is actively selling their property. So, if you are, the first step is to send all the information you can (marketing documents) etc, to your mortgage lender. If they decide to start possession proceedings still whilst you are selling then Pre-Action Protocol states they must write to you to explain why they have issued possession proceedings. A Judge is unlikely to look favourably upon them if they try this whilst you are actively marketing the property.

# \this is very poor advice. All the agent is trying to do is ensure they are speaking to the correct person. If you called your bank would you expect them to give you a balance without doing any checks to see who you are. If you are concerned that it is ID fraud, tell them you will call back, and call through a number you are sure of. As for you saying that DPA does not apply when you ring them, of course it does and they should be doing the same checks. Its not a war, its a problem for both sides to work through.

Hi Sharkie. To help can you clarify a few points. What are you trying to achieve? Did you run up a debt which you are trying to get written off, or are there charges that you feel that you should not pay?

I think the confusion is likely to be that the figure from Wightmans would have been a settlement figure, e.g. how much you would need to pay to close the account. The figure from HFC would have been the current balance. The difference is that the settlement figure would have included any early settlement charge, and interest calculated to the days date. The balance would be just the amount outstanding.