Hi Ell-enn Thankyou, no your not critisising my budgeting, unfortunately it does not include any luxuries, like holidays they have been a thing of the past since we were duped/ill advised into this lender by a so called independent mortgage advisor 3.5 years ago. Having rechecked the budget before my appointment i realised that my Husbands income has actually increased now the tax office have finally got around to correcting the amount of tax he was paying, so infact will be able to offer £40.00. As for providing evidence, would attatching copies of the following help us further ? The SAR- when we made an overpayment via a cheque approx 2 years ago to clear arrears that were around £4,500, the balance shows nill,and that we were infront but they then added on arrears fees...should i use a highlighter on these to show an example to the judge. The latest quartely mortgage statement, showing our recent payments keeping to the arrangement, but all sorts of charges being applied. That dont seem to tally up with the Sar. The letter advising of the fixed rate coming to an end and that they stated they would be in contact reagrding the payment arrangemnt (but didnt) and write down exactly what we did to resolve this issue. the letter re the calculation for december, but the error that they made in january, but no explanation regarding this or why they had done it, it does show on the Sar a 13p refund on the % rate though. Plus a copy of their recent charges off the website. Please let me know what you think to the above ..thanks Just to update you on my visit to the area housing team.. they were really helpful, took copies of all these letters, explained all the situation.. we recommended that they come on this site to clue up on the subprime lenders and all the hiddden gems of dealing with them, as i reckon they will be seeing quite a lot of people in our situation. Their speciallist in this kind of area was called in to sit with us by her college that we had been dealing with, took one look at the SAR and said they cant do this, these charges are illegal etc etc.. Told us to get straight to CAB asking for emergency appointment regarding help with these charges, told us to go to court, on weds armed with all this info, but stated that the judges at our court are not granting any possessions (think this is authority from somewhere higher up) . But in the worst case scenario, gave us a direct number back to themselves just in case !! We came away feeling a little better, but trying not to build our hopes up too much.... Thanks agsain Ell-enn

Hi Ell-enn Yes according to the i&e it works out at £5.73 surplus, using their cmp for this month £618.47 (but hey that could actually go up again today, couldnt it ?) At the time of the court hearing in on 1st sept cmp was £587.85 + £225.00 towards the arrears. The Judge specified that this had to be paid no later than 30/09/08 by 4.15pm. We overpaid earlier than the deadline, see earlier post. (but in effect cmp was due on the 1st) October payment increased to £591.00 + £225.00, we again managed this and over paid, paid on 30/10/08 (but they calculate from the 1st). At this point we contacted them due to their letter stating payment coming off fixed term and cmp could be £740.00 not including any payment arrangement. As the i & e were now also incorrect due to various reasons. Nov 1st & dec 1st, remained at cmp of £591.00 according to the sar, unfortunately we were having cash flow issues again by this time, and failed to make payments, but tried to resolve the issues with capstone, but to no avail. Jan increased to £617.70. Due on the 1st. And NOW FEB due on the 1st, but not in a position to pay until 20th and 23rd Feb (when we get our salaries paid) all the arrears fees and litigation fees are being added on and the arrears are building up but i cannot see these extra payments reducing this, so do need an explanation of some sort in reference to this from them. hope this makes sense? Am gong out shortly Ell-enn, to an appointment with the specialist team at the local area housing, just to see what they can do if the judge does decide to grant eviction, could be a while, just in case you need me. Once again, thanks for your valued help.

sorry Ell-enn Just looking again at the statement of arrears, and its just clicked into place what they are doing... In the phone calls they are saying we have not stuck to the order the judge made on 1st Septemeber, 08 and have not paid October / november and December. (and january now) Bearing in mind that we like a zillion other people get paid around 20th/23rd/25th of the month and at some point or ten we requested the dd date to be moved to suit us etc..but as their usual excuse is "the computer says no" we cancelled the dd and pay by card. My statements show as paid 24/09/08 debit card £800.00 29/09/08 debit card £53.30 31/10/08 debit card £700.00 have missed nov (huge car repair bill) Did explain this to them & Dec (xmas, no one answering the phones as usuall). So not had chance to make amends with January's payment as they had probably instructed Glenisters to take action prior to the new year... So the way i see it is they are saying we have missed october to make it look like 3 months missing payments, when in effect we paid at the end of the month and not at the begining... so the way i look at it is we had only missed 2 when they set the wheels in motion again for repo...

Hi Ell-enn Have done my i&e. only leaves us with about £5.00 to pay them. And it made me realise that the previous ones i have done with them in the past over the phone, doesnt break it down, to clothing needs, emergency household repairs.etc ....Hence the £300 surplus that physically isnt surplus. Just another way for them to get as much as they possibly can from us, whilst having their hold over us... Are you able to draft me a letter for the court? if not can you tell me what kind of info i should incude, as i would like to hand my papers into court the day before (Tues), the hearing on wednesday. Also the letter dated 17th October advising that the fixed rate period was ending on 30/11/08 and the interest rate on the mortgage will change to 9.25% thus increasing the cmp to approx (not including the buildings ins cover) £740.00 + £225.00, this was the point that i contacted them to advise of impending problems re sent income expenditure etc. We never received a further letter from them as advised in this letter either. I would like to request the judge ask them to explain the breakdown of charges as some of these dont make sense, especially when i cross reference them to my quaterly statements, and feel this has contributed to the amount of arrears. I do also believe that our mortgage was securitised around feb 06, and like others, my insurance renewal reminder states, i should note the interest of eurosail 2006-1 Firsts client as mortgagee. Although i still havent managed to proove this fully...as to who actually owns it, but when i googled it i found a site called www.advfn.com/news, and it listed this with a registered office of Wilmington trust sp service. fith floor london co reg 05441656...not had time to investigate this further yet. No changes have been made to charges register and proprietorship register, when i looked on my deeds since nov 05 via the land registry site. I did uncover something though, a 3rd party is also listed as (1) dated before the Spml remortgage (2) spml (3) me and my husband...dont know if anyone can throw some light onto this in relation to them being granted the repossession order.

Hi Try not to worry, we are going through something similar at the moment and understand how you are feeling, who is the mortgage company ? You need to submit a form n244 to the court, you will be able to find this on the hmscourts website, this will cost £35, but it should give you a chance to go before the judge and ask for a suspension or similar, I am sure the wonderful people on this site, like Ell-enn will be along shortly to help.

Hi Ell-enn Have managed to sort the budget out, do I attatch it or pm you with it? Thanks again for your valuable time. BO-2

Hi ell-enn sorry but seem to have problems opening xls files on my pc, not able to open budget doc

Hi Ell-enn No its Southern pacific of Glenisters on thr eviction notice. Thanks for the Budget sheet will do it and get back to you asap, just need to spend some time with my Daughter before her bed time. iwill be back later..

Thanks for that Ell-enn, when you mention the original claim form what are you refering to, sorry to sound a bit thick this has been ongoing and have appeared in court twice now, cleared arrears once and paid a substancial amount, but didnt know about a discontinuance form then, regarding the solicitors the letter is off Glenisters, this was dated the 15th jan 09, stating we confirm that persuant to the order for possesion granted to our clients in this action we have now been instructed to take enforcement procedure, continues with the usuall stuff but only states 'CLIENTS'. no mention of clients name, signed yours faithfully Glenisters. However the attatched page TAKE NOTICE does mention Southern Pacific Mortgage Limited 2 or 3 times. Not sure if this info is of any relevance or not.. Thanks for your help.

hi Unfortunately no copies, all these requests were made in telephone calls, I know, i am usually pretty on the ball in putting things like this in writing, and i should know better, knowing the way capstone work. It was agreed to pay £225.00 extra. But at the moment £25 min - £50 max. The i&e statement i did with their guy over the phone on Thursday just does not add up as it says we have a surplus of nearly £300 but we physically have not got this amount free, it was left that i would re go over all the figures and get back to them asap. I have received the Statement of arrears requested from them on Wednesday, but am still waiting for the SAR, Which they advised should be with me on this Wednesday coming, but this maybe too late to use for any evidence as am due in to see the judge on the same day at 10.00am. Is it likely that they will send someone from their legal team to this hearing ??

Have Just read another letter dated 15 jan 09, on Capstone letter headed paper, Should this not be on SPML letter headed paper, bearing in mind that the claimant on the possession order is stated as SPML As you are aware, We have been granted a court order for possession of your property. Further down it states a copy of southern pacific mortgasge limited tariff of charges and sundry fees guide is available upon request or can be viewed via a link on the capstone website ...Who am i dealing with at all here, as we all know spml cannot be phoned etc looking at the other threads on this site.... Midge you may have some thoughts on this, it would be appreciated.. Thanks

Hi Ell-enn Q10 we believe that SPML /Capstone mort services have not adhered to all of the FSA Treating customer fairly 6 outcomes. Especially outcome 6. By adding unfair charges to the account, thus increasing the arrears. Failling to send correspondance advising of increased interest rate charges, leading to underpayment by us, thus causing arrears. Have previously refused pointblank to discuss extending the term of the mortgage, adding arrears to the mortgage, and finding a suitable solution for all concerned. Witheld the fact, sending no reminder correspondance to ourselves prior to court hearing in september, or actually state in court,that the mortgage was due to end its fixed term in approx october/november 2008. hence making the payment arrangement unmanageable. Faliure to act upon incom and expenditure information requested and sent to them in october 2008. Have failed to inform us that there was a loan modification team that we could speak to, in our request to amend the mortgage terms. The litigation dept have refused to let us speak on the telephone to the loan modification team personally whilst trying to resolve these problems. Have acted unreasonably in trying to find a suitable solution to help us stay in our home and avoid repossession.

Hi mercyblue Thanks, am in the process of sorting through all letters ref interest rates etc... will let you know what i come up with later... also digging out original contract etc.. Were on a Capital & interest. I have also been going through the statement of arrears that has just arrived, not that most of it makes any sense. lots of arrears management fees of £50.00, and things like Agents costs, legal costs, and these legal costs vary from £183.17 upto £815.15 and a new one on me litigation management fee £115.00 applied to account on 31/12/08. Just came across this on capstones website under lenders SPML TARRIFF OF CHARGES AND SUNDRY FEES DECEMBER 2008, Have never received a copy of this either, surely they should have provided us with this ? BUT i didnt see anything refering to it as being a revised document ...what are your thoughts on this ?

Its funny you should mention the December rate MercyBlue, We had another telephone conversation with them on the 15th Jan, discussing payment problems when they dropped into the conversation that we would need to pay £618.47 + arrears, i mentioned that this wasn't the same amount that i thought and was told that we had been sent a letter advising us of the rate change, when i disputed this they said they would send us a new letter. This duly arrived the day after, dated the 16th Jan. It states "In Dec 2008 we correctly reviewed the Libor rate and made changes to your interest rate and montly payment amount. We wrote to inform you of these charges in Dec 2008. (They did not). In January 2009 a further recalculation of your monthly amount was carried out in error. This error has resulted in a change to payment of February 2009. The payment amount due has changed because of a change in the capital balance of your mortgage which was used for the purpose of the review completed in Dec 08 and the subsequent review completed in Jan 09. Please note that your revised Mortgage repayments for the next 3 months (subject to any further changes to the Libor) will be as follows.." £618.47 due on 01/02/09 £617.73 due on 01/03/09 etc. There is no mention whatsoever of any actual rate, so are they supposed to include something here and state what it actually is ??? as i recall on previous correspondance they usually state what the Libor is at ?

Hi Looking for some advice... We have been served with the eviction notice for Friday 6th Feb, we have today submitted a n244 form into court and have a hearing with the Judge for Wednesday. We had previously won a suspended possession order in september to make our cmp plus £250 towards the arrears (now currently £5,600 and climbing with unreasonable charges being added willy nilly), this we managed until november when we came out of the fixed rate, we were not sent any reminders about this untill the last minute and nothing was declared by spml at the hearing infront of the judge when agreement was made for the payment arrangement, we continually tried to advise capstone, reissuing another set if I&E info, they just refused point blankly to re negotiate as per usuall, and now deny all knowledge of receipt. Did start to finally get somewhere (mentioning the fsa treating cust fairly) in a telephone conversation with them yesterday regarding trying to extend term, add arrears reduce mp etc.. we are not in a position to make full payment nor pay this months payment due to possibly needing private accom rent and bond etc. we have a 3 year old child. Can i go into the judge with some sort of defence in relation to the securitisation things/ spml non existance and proove who owns my mortgage etc that ive read on supersleuth and midges threads. as i am not sure who owns my mortgage, clock ticking just grasping at straws now really, and not able to get to canary wharf to view prospectus things (live up north) as we really have fought them all the way from day one, one last fight msy make me feel better this time next week.