No No No. DO NOT hang on. Capstone/Acenden have eight weeks to resolve your complaint. When this timescale has been met get the complaint filed with the FOS immediatly. You can do this on line via the FOS website. It is extremely important that you file the complaint as soon as possible, for a number of reasons. Firstly, if the account is being investigated by the FOS this is as good as a suit of armour if they take you back to court, if they do make sure the district judge knows that the account is in dispute with the FOS, in almost every case it will be dismissed pending the investigation, I know this from experiance. Secondly no judge will grant an eviction notice for the amount that you are quoting, never in a million years. You really need to start playing hard ball with these spineless thieves, check out some other stories about capstone on here, they are a shocking outfit and should be closed down. You also need to do some research about your rights, , there is a wealth of information on this site. DO NOT let them walk all over you. FIGHT BACK. I got into trouble with these charlatans some time ago, Ive been to court 4 times and beaten them every time. They have added over 10k in charges to my account and broken the civil justice council's rules on numerous occasions not to mention FSA rules and guidelines. PreAction protocols ? they do not adhere to those either. Stand up and fight. I am and have my complaint with the FOS. I WILL get MY money back from these thieves. Do your research, Know what you are talking about and give em both barrels. Good Luck. Is Eight weeks not realistic then ???????? Do not give them anymore time whatsoever.

Unfortunatly i fear that you have no chance. These cowboys will not budge an inch.

I could do with some assistance with taking up a mis sold mortgage with spml, we were previously with Kensington and were facing a re possesion hearing, i managed to get a remmortgage with spml !!!. What we wern't told was that the repossesion would have been suspended as long as we kept up payments and cleared the arrears at a nominal sum, we remortgaged and got hammered nearly 7k in exit fees, what i know now i wouldnt have remortgaged for another 6 months, the 2 year tie in ended then so no big exit fee. Also we were advised to self cert as our income wasn't enough to borrow the amount needed. The other point is that it was never explained that the interest rate follows libor and not the b.o.e base rate. we are now 12k in arrears with spml which mostly consits of fees and litigation management charges, we have stayed of 2 repossesion hearings with spml and now have a on going case with the fos, i now want to go after the financial adviser who sold me this croc of crap mortgage. Any advice would be gratefully received. i have requested my mortgage file from my broker and he has agreed, i told him i needed copies for the fos investigation.

Yes, Good news. The Judge ruled in my favour, on the same terms as before. £100 a month off the arrears plus the contractual payment, The judge found it incredible at the amount of charges and interest and wished me the best of luck with the fos. Also the solicitor they sent told me before the hearing that she was a local solicitor and was aware of capstones tatics and wouldnt be defending the case to the, and i quote " best of her ability ". Another victory for the consumer.

Hi Ell-enn, im not very good at navagating around this site yet. The latest info for you is that i have filed the n244 and the hearing is tomorrow at 10am. In section 3 i have asked to have the warrant suspended because there was an unexpected and unplanned drop in household income, we are in a position to service the mortgage without further problem. In section 10 i have made a short statement explaining that we have missed two payments and sought help from capstone by way of asking to change the mortgage type to a fixed rate, extending the term of the mortgage, changing to a interest only mortgage and capitalising the arrears, all of which were dismissed out of hand by capstone. It then goes on to say that " we respectfully submit that the claimant refused to explore any of the above options, and also cite Norgan V Cheltenham and Gloucster as an authourity creating precedent from the court of appeal that the terms of the mortgage contract can be varied to allow repayment of the genuinely constituted arrears over the remainder of the mortgage term" I have also written a statement to the Judge which basically says that:_ 1. The claim is falsely premised and vexatiously sought 2. It is falsely premised because:_ a/ The claimant has not stated the correct amount of arrears b/ The total arrears claimed is comprised of various charges including arrears fees, litigation management fees, legal fees and arrears interest. c/ Capstone have refused to provide a breakdown of these fees despite repeated requests, i beleive that approx £6000 is comprised of fees and arrears interest. d/ These charges have been heavily criticised by the treasury select commitee,the OFT, and FSO as unfair. Unfair charges are not binding on the consumer. e/ These charges are in contravention of the unfair terms in consumer regulations( SI 2083 1999 ) f/ The claim is brought in the name of the origonal lender by Capstone, their is no evidence that they hold the athourity or capacity to bring claim. g/ We kindly ask the court to take into account that there is an ongoing individual investigation in respect of this account being undertaken by the Financial Ombudsman Service, Ref No. XXXXXX. h/ We respectfully refer the court to the decesions made by the FSA in respect of GMAC/RFC Oct 09 and Kensington mortgages April 2010 and Redstone mortgages July 2010, specifically it was found that unfair charging regimes had led to wrongfull repossesions. It is kindly submitted that five other as yet unnamed firms are under investigation by the FSA. Do you think that that is ok as a statement to submit to the judge. Thanks for your help Ell-enn.

Hi Ell-en, yes i quoted the Norgan case law.

Hi, I beat these jokers at an eviction hearing 3 years ago, unfortunatly im back in court this friday for another eviction hearing. I have filed an N244 and poached some snipets off here to use in my defense. You can beat these scumbags, you just need to be possative and state your case to the judge. Does anybody on here have any idea if a second eviction hearing is bad or is it treated as the same as the 1st time ? Im still with capstone/spml, i had not missed a payment in 3 years, i miss 2 and they want me and my family out. The total arrears is approx 10k of which approx 6k is fees and charges. Any help is much appreciated. Hi Ell-enn, not on the N244, but i did mention it in my statement of case along with other info of various threads on here, such as Capstone not having authourity from spml to bring proceedings, and the norgan v cheltenham and glouster case. Is it wise to include these in my statement of case ? We can afford the mortgage quite easily plus 100 a month of the arrears, would this save us from eviction do you think ? Kind regards. Did you quote the Norgan case law ? I'm going to move your posts to a thread of your own so they don't get confused with Mrsseabs case.