Yes andrew I have i set up a standing order for the date i wanted to pay and the amount i wanted to pay and as far as i am concerned they are getting their money in the month they are due to get it the monthly payment plus an amount off the arrears. There is jack poo they can do about it if u can prove u are paying them an also they can not dictate how yu should pay them it is up to you as long as it is paid. they are *******s treat them as such!!

Little Dotty I just remembered that on a couple of occasions when discussing the arrears onthe telephone Capstone have mentioned a company called CAPITA around the 17th of October 2007 and another company called RESETFAN was also mentioned. Unfortunately in my notes it does not say who they are. Cher

Hi Little dotty The only reference to insurance is on the back of the original SPPL headed agreement that I signed. Where it states the following-: The borrower must ensure that we are either a joint insured party under the insurance policy or that our inerest in the property is noted on the insurance policy. (This is the only reference to insurance I can find) hope this helps .!!Cher

Hi again Little Dotty I just found the letter now and it is dated the 5th of September 2006 but it was posted at least 2 weeks after that date. I signed my agreement for the loan on the exact same date the 5th of September 2006. The letter the first letter i ever received from them and it is on Capstone Headed Paper not SPPL and it is in fact mainly detailing my new loan. giving info onbrokers fees etc. it is only when you get to the back page, as if it were an afterthought they have put the following ("Please note that from the 1st of February 2006 until further notice, the administration of this secured loan will be undertaken by Capstone Mortgage Services Limited, a company which forms part of the same group as SPPL") and that is it . I will check the insurance next okay cher

Hi Little Dotty Yes I have got a letter from SPPL informing me that Capstone is taking over as administrators as of the date of the letter . I signed my agreement fo the loan on the 5th of september 2006. The letter I received from them was also dated the 5th of September 2006 which I received about 2 weeks later. I am sure I did notice somewhere that capstone took over in february 2006. Hope this helps I will find the letter with the exact wording on it and post it up okay thanku cher69

Hi ROXY Please don’t give up now !!! I dont even know if I am allowed to copy stuff off another website but you need help urgently and that was the only thing I could think of doing to help you so here goes! I have chopped and pasted this together with all the info you should need to stop this eviction all you have to do is amend it to suit your circumstances. Good Luck Chick And GO FOR IT !! This time you will nail em!!!!! First start with your appeal straight away!! Get money and legal advice It’s vital to get legal and money advice immediately to try to stop or delay your eviction. A solicitor or adviser can help you work out your options, including: •asking a judge to delay the eviction or allow you to stay in your home http://www.communitylegaladvice.org.uk/en/directory/directorysearch.jsp Eviction notice – what will happen and what to do if you get one If you don’t leave your home by the date given in an outright possession order, your lender can ask the court for a ‘warrant for possession’. If the court gives a warrant, you’ll be sent an eviction notice that gives a date when you must leave your home. If you don’t go, bailiffs can evict you. The costs of doing this will be added to the money you owe. Appealing against the decision of your possession hearing If you think a judge made mistakes about the law or the facts of your case in the original possession hearing, you may be able to appeal. Find out how to make an application for an appeal and what the judge may decide at the hearing. Making an appeal – what it means An appeal means asking for the judge’s decision in the original hearing to be looked at again. Making an appeal is different to asking a judge to delay eviction or change the payments you make to keep your home. You’ll only be able to appeal if you can show that the judge made mistakes about the law or facts of your case when making a decision. Giving reasons for having an appeal is sometimes called ‘grounds for an appeal’. I copied this from another helpful site and it tells you exactly what to do in your circumstances okay GO FOR IT ROXY!! THIS CAN BE FOUGHT AND USUALLY SUCCESSFULLY. READY? LET’S GET TO WORK. 1. You are maintaining your payments but the court have sent you a warrant for eviction. This is likely to have occurred because they have “lost” your payment, or because your “arrears” have risen due to all the unlawful charges they keep applying. Please note that you will never receive any notification that they have applied to the court for a warrant for your eviction. You will only know when you receive the warrant. Even at this late stage you can fight and keep your home. If you have missed previously agreed/ordered payments this is more difficult, but still not impossible. You probably have lots of grounds for appeal First of all they shouldn’t have taken you to court in the first place because they didn’t explore every other alternative. Here is an ace template letter from and exceptional person who gives his time free to help others . This is what you should write in your appeal to the court:- 2. You will need to make an application notice to the court. This usually costs £35 but can vary. The form you need is N244. YOU MUST FILE THIS APPLICATION OTHERWISE EVICTION IS ASSURED. http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf Using Form N244 lets you apply to the County Court for an emergency hearing. However, you MUST provide some evidence as to why the Court should postpone or cancel your Order for Possession. Basics Name of court: Court in which case it to be heard (this can be found on the original judgement order). Claimant: Your mortgage company including the reference number used on the original judgement order. Defendant(s): This is you and anyone else named on the mortgage. Date: Date of filing the N244. Claim Details 1. Your name or names of persons making the application. 2. Tick – Defendant. 3. Write in here what you are asking the court to order i.e. have the warrant suspended or set aside. 4. Ignore 5. Tick – Hearing 6. Enter here how long you want the hearing to last and tick – No to all parties agree.. For example if you have lots to argue then put at least 30mins. By default the court will allow 10mins for possession cases. When handing in the completed form, make sure the court clerk is aware of how long you have requested for a hearing as they still have a habit of ignoring the request and will go ahead and allocate 10mins. 7. Enter the date of the eviction warrant and time if applicable. 8. Write – District 9. Write – All parties 10. Tick – All boxes that apply (most likely all of them) and in the box below write see attached. It is unlikely that the box provided is big enough to provide all details that you wish to put forward. Type your statement of case, witness statements and evidence into a presentation and with a table of contents so it looks professional and is easy to navigate. Make sure that all pages have the claim number on them so they are not lost and number each page as well to keep them in order. 11. Sign and date and complete address details and telephone number. The form is now complete and needs to be handed in with the relevant as mentioned above. YOU WILL ALSO NEED A STATEMENT OF CASE: Your statement of case should include the following: 1. The claimant’s claim for possession of the mortgages premises 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) The total claimed is xxxx.xx. The total value of the unfair charges is xxxx.xx d) These charges have been heavily criticised by the Treasury Select Committee, The Office of Fair Trading, the Financial Services Authority and the Financial Ombudsman Service as unfair. Unfair charges are not binding on the consumer. e) These charges in contravention of the Unfair Terms in Consumer Contracts Regulations (SI 2083, 1999) UTCCRs f) The claim is brought in the name of the original lender by Capstone Mortgage Services. There is no evidence that Capstone hold or retain the authority or capacity to bring claim. Until such time as Capstone provide authorisation from the original lender they may be falsely representing their own capacity to bring claim. 3. The claim is vexatiously sought as the lender has not observed the Civil Justice Council’s pre-action protocol on mortgage repossession. Specifically: “The court takes the view that starting a possession claim is usually a last resort and that such a claim should not normally be started when a settlement is still actively being explored. Discussion between the parties may include options such as: a) extending the terms of the mortgage b) changing the type of mortgage c) defferring payment of arrears under mortgage d)or capitalising the arrears The defendant respectfully submits that the claimant has explored none of these options. The Defendants cite Norgan V Cheltenham & Gloucester 1996 as an authority 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. Norgan 4. The defendants kindly ask the court to take into account that there is a genuine ongoing individual investigation in respect of this account being undertaken by the Financial Ombudsman Service (Complaint Reference Number XXXXXXX). 5. The defendants respectfully refer the court to the decisions taken by the FSA in respect of GMAC-RFC (October 2009) and Kensington Mortgages (April 2010). Specifically it was found that unfair charging regimes had led to wrongful repossessions. It is kindly submitted that five other unnamed firms are also under investigation. GMAC-RFC Final Notice Kensington Final Notice Courts must assess unfair terms in consumer contracts 6. The Defendants kindly request that the mortgage contract be assessed in terms of its overall fairness to the defendants as consumers. The court is mandated to do so by virtue of an ECJ ruling. Courts in the EU must examine and rule on terms in consumer contracts that may be unfair even if no consumer has complained about them, the European Court of Justice (ECJ) has said. The duty will exist when a company seeks to enforce a consumer contract. The European Union's Directive on unfair terms in consumer contracts governs contracts because consumers have no bargaining power when presented with pre-written contracts to sign. It says that any term that is unfair will not be binding. 7. The defendants respectfully submit that they have no confidence in the ability of Capstone Mortgage Services to process the payments correctly. We therefore seek the kind permission of the court to make all future payments into the court. 8. The defendant respectfully requests that the Suspended Possession Order be set aside until the genuine level of arrears is established, the authority of Capstone to bring claim is satisfied and the overall fairness of the mortgage contract is assessed including whether the unlawful charges levied are in the court’s kind determination, binding upon the consumer. 9. The defendant further kindly requests the order of the court that possession may not be granted until the outcome of the current FSA ongoing inquiry is known and the individual investigation of the Financial Ombudsman Service in this case is completed. STATEMENT OF TRUTH. This one page summary simply has to be included in any defence 22 June 2009 The latest review from the Financial Services Authority (FSA) has found continued weaknesses in the way specialist lending firms and third party administrators are handling mortgage arrears and repossessions. Four firms have been referred to enforcement for investigation and several more firms are being assessed for referral. In many cases the FSA found a high incidence of mortgages moving straight into arrears and potential breaches of responsible lending rules. All firms investigated will be required to take action to remedy failures identified in the arrears review. This action comes as new data on mortgage lending, published today by the FSA, shows the number of consumers facing arrears and repossessions continues to increase. It also follows two warnings by the FSA last year that failing to treat customers in arrears fairly was unacceptable. The warnings were set out in an earlier survey of arrears handling and in a letter sent to the chief executives of all mortgage lenders and administrators. The latest review focused on specialist lenders to the impaired credit market who are no longer lending, and on third party administrators (TPAs) contracted to handle mortgage arrears and repossessions work on behalf of lenders. It also looked at arrears charges and the treatment of borrowers whose mortgages have been securitised. The review found that poor practice was still prevalent among specialist lenders and TPAs including: operating an approach focused too strongly on recovering arrears without reference to the borrower’s individual circumstances; being too ready to take court action; imposing arrears-related charges unfairly; and specialist lenders not exercising sufficient oversight of contracted TPAs. And it identified terms in securitisation covenants which could lead to inequitable treatment of borrowers in arrears, by restricting the scope for the lender to exercise flexibility and forbearance, for example by prohibiting an extension of the loan term, or conversion to interest only for a period. Lesley Titcomb, FSA director responsible for the Mortgage Sector, said: “In current market conditions, with our data showing more people struggling to meet their mortgage payments, it is vital that firms treat customers who get into arrears fairly. It is unacceptable that some firms are applying fees unfairly and pushing customers towards repossession without considering alternatives. The steps we are announcing today demonstrate that proper handling of arrears is still a high priority for us and will continue to be so until the necessary progress has been made. “The focus of today’s report was specialist lending but the messages apply equally to other mortgage firms. As a result of the Dear CEO letter sent to all lenders and lenders and administrators last November, follow up action is underway with a number of firms and the industry as a whole can expect continued intensive scrutiny of its arrears handling processes.” To help firms with their mortgage and repossession handling, the FSA has outlined some examples of good and poor practice. The FSA understands that customers in arrears are a vulnerable group who need help and advice. It has a wide range of mortgage material on the Moneymadeclearwebsite, including the “What to do when you can’t pay your mortgage” guide, which offers practical help for people who are struggling with mortgage repayments. The FSA requires firms to send this guide to consumers who fall into arrears. Consumers who are having difficulties meeting mortgage payments should talk to their lender immediately and may also wish to contact a free independent advice agency. If a borrower believes they have been treated unfairly by their mortgage lender, they should pursue their complaint through the firm’s internal complaints procedures. If they are not satisfied with the firm’s response, they may refer the complaint to the Financial Ombudsman Service. The arrears review is part of the FSA’s ongoing programme of work designed to monitor the effectiveness of its regulation of mortgage lending, to address key issues in the mortgage sector and to ensure that consumers are treated fairly and can make informed decisions. The issues identified during the review are being factored into the FSA’s comprehensive Mortgage Market Review on which a Discussion Paper is due to be published in September. That should get you started. Remember that YOU MUST AFFIRM your ability to meet your commitments under the mortgage going forward. Deciding on the appeal The judge who decides on the appeal will be more senior, or ‘higher level’, than the judge who made the original decision. Getting advice if you want to appeal If you want to appeal against the original decision you should get advice. But if I was you I would start the process NOW! You can find a legal adviser from the Community Legal Advice website. Find a legal adviser - Community Legal Advice l You may ask the judge if you can appeal (otherwise known as ‘permission’ or ‘leave’ to appeal) at the end of your original possession hearing. If you get permission to appeal, you need to make an application very soon after your original possession hearing. Once you get permission to appeal, you’ll have to apply for an appeal hearing. You’ll have to pay a fee to the court to get an appeal hearing. If you are on benefits or low pay, you may not have to pay the fee (otherwise known as ‘fee remission’). Find out about fee remission - Her Majesty's Court Service website (PDF, 381K) Opens new window Help with PDF files If the judge refuses permission for an appeal – what to do You can ask a higher level judge for permission to appeal if: •the judge in your original hearing refuses you permission to appeal •you didn’t ask for permission in your original hearing The higher level judge will decide whether to give you permission to appeal by looking at the court papers for your case or by holding a new hearing. Appeal hearing – what could happen If you do get permission to appeal, there will be an appeal hearing with a higher level judge making a decision. At the hearing the judge can decide a number of things, including: •keeping the original decision •dismissing (‘setting aside’) or changing (‘varying’) the original decision •ordering a new hearing The judge can also decide who should pay the costs of the appeal hearing (the legal costs like hiring a solicitor and the court fees). For example, the judge may decide that the person who loses should pay the costs of the other side. You could also check to see if you could get any benefits by using the Directgov website and using the Benefits advisor calculator https://www.dwpe-services.direct.gov.uk/portal/page/portal/ba/lp I know that sometimes it is easier just to throw in the towel and give up. Because everyday is hard when you have these barstewards on your back. But just go this one last step because if you don’t you will forever live your live wondering what if?? YOU HAVE NOTHING TO LOOSE !!! I have stuck all this info together for you today in an urgent way so it may not be all in the right order and you should check with a legal advisor but I am sure you can win this if you give it another go with all the info I have put on for you . All you need to do is chop out what isn’t relevant to your case. Then stick it all together and hey presto a new defence but this time much stronger than before. GO FOR IT Good Luck Hun!! Please try to convince your other half not to give up now, you are in the right and crapstone are in the wrong. I am sending positive thoughts to you; I am with you all the way. If you don’t try this one last time you will never know, tell your hubby that too. Also even if it failed it would still give you more time to find somewhere to live.

Hi ROXY Please don’t give up now !!! I dont even know if I am allowed to copy stuff off another website but you need help urgently and that was the only thing I could think of doing to help you so here goes! I have chopped and pasted this together with all the info you should need to stop this eviction all you have to do is amend it to suit your circumstances. Good Luck Chick And GO FOR IT !! This time you will nail em!!!!! Get money and legal advice It’s vital to get legal and money advice immediately to try to stop or delay your eviction. A solicitor or adviser can help you work out your options, including: •asking a judge to delay the eviction or allow you to stay in your home http://www.communitylegaladvice.org.uk/en/directory/directorysearch.jsp Eviction notice – what will happen and what to do if you get one If you don’t leave your home by the date given in an outright possession order, your lender can ask the court for a ‘warrant for possession’. If the court gives a warrant, you’ll be sent an eviction notice that gives a date when you must leave your home. If you don’t go, bailiffs can evict you. The costs of doing this will be added to the money you owe. Appealing against the decision of your possession hearing If you think a judge made mistakes about the law or the facts of your case in the original possession hearing, you may be able to appeal. Find out how to make an application for an appeal and what the judge may decide at the hearing. Making an appeal – what it means An appeal means asking for the judge’s decision in the original hearing to be looked at again. Making an appeal is different to asking a judge to delay eviction or change the payments you make to keep your home. You’ll only be able to appeal if you can show that the judge made mistakes about the law or facts of your case when making a decision. Giving reasons for having an appeal is sometimes called ‘grounds for an appeal’. I copied this from another helpful site and it tells you exactly what to do in your circumstances okay GO FOR IT ROXY!! THIS CAN BE FOUGHT AND USUALLY SUCCESSFULLY. READY? LET’S GET TO WORK. 1. You are maintaining your payments but the court have sent you a warrant for eviction. This is likely to have occurred because they have “lost” your payment, or because your “arrears” have risen due to all the unlawful charges they keep applying. Please note that you will never receive any notification that they have applied to the court for a warrant for your eviction. You will only know when you receive the warrant. Even at this late stage you can fight and keep your home. If you have missed previously agreed/ordered payments this is more difficult, but still not impossible. You probably have lots of grounds for appeal First of all they shouldn’t have taken you to court in the first place because they didn’t explore every other alternative. Here is an ace template letter from and exceptional person who gives his time free to help others . This is what you should write in your appeal to the court:- 2. You will need to make an application notice to the court. This usually costs £35 but can vary. The form you need is N244. YOU MUST FILE THIS APPLICATION OTHERWISE EVICTION IS ASSURED. http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf Using Form N244 lets you apply to the County Court for an emergency hearing. However, you MUST provide some evidence as to why the Court should postpone or cancel your Order for Possession. Basics Name of court: Court in which case it to be heard (this can be found on the original judgement order). Claimant: Your mortgage company including the reference number used on the original judgement order. Defendant(s): This is you and anyone else named on the mortgage. Date: Date of filing the N244. Claim Details 1. Your name or names of persons making the application. 2. Tick – Defendant. 3. Write in here what you are asking the court to order i.e. have the warrant suspended or set aside. 4. Ignore 5. Tick – Hearing 6. Enter here how long you want the hearing to last and tick – No to all parties agree.. For example if you have lots to argue then put at least 30mins. By default the court will allow 10mins for possession cases. When handing in the completed form, make sure the court clerk is aware of how long you have requested for a hearing as they still have a habit of ignoring the request and will go ahead and allocate 10mins. 7. Enter the date of the eviction warrant and time if applicable. 8. Write – District 9. Write – All parties 10. Tick – All boxes that apply (most likely all of them) and in the box below write see attached. It is unlikely that the box provided is big enough to provide all details that you wish to put forward. Type your statement of case, witness statements and evidence into a presentation and with a table of contents so it looks professional and is easy to navigate. Make sure that all pages have the claim number on them so they are not lost and number each page as well to keep them in order. 11. Sign and date and complete address details and telephone number. The form is now complete and needs to be handed in with the relevant as mentioned above. YOU WILL ALSO NEED A STATEMENT OF CASE: Your statement of case should include the following: 1. The claimant’s claim for possession of the mortgages premises 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) The total claimed is xxxx.xx. The total value of the unfair charges is xxxx.xx d) These charges have been heavily criticised by the Treasury Select Committee, The Office of Fair Trading, the Financial Services Authority and the Financial Ombudsman Service as unfair. Unfair charges are not binding on the consumer. e) These charges in contravention of the Unfair Terms in Consumer Contracts Regulations (SI 2083, 1999) UTCCRs f) The claim is brought in the name of the original lender by Capstone Mortgage Services. There is no evidence that Capstone hold or retain the authority or capacity to bring claim. Until such time as Capstone provide authorisation from the original lender they may be falsely representing their own capacity to bring claim. 3. The claim is vexatiously sought as the lender has not observed the Civil Justice Council’s pre-action protocol on mortgage repossession. Specifically: “The court takes the view that starting a possession claim is usually a last resort and that such a claim should not normally be started when a settlement is still actively being explored. Discussion between the parties may include options such as: a) extending the term of the mortgage; b) changing the type of a mortgage; c) deferring payment of interest due under the mortgage; d) or capitalising the arrears” The defendant respectfully submits that the claimant has explored none of these options. The Defendants cite Norgan V Cheltenham & Gloucester 1996 as an authority 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. Norgan 4. The defendants kindly ask the court to take into account that there is a genuine ongoing individual investigation in respect of this account being undertaken by the Financial Ombudsman Service (Complaint Reference Number XXXXXXX). 5. The defendants respectfully refer the court to the decisions taken by the FSA in respect of GMAC-RFC (October 2009) and Kensington Mortgages (April 2010). Specifically it was found that unfair charging regimes had led to wrongful repossessions. It is kindly submitted that five other unnamed firms are also under investigation. GMAC-RFC Final Notice Kensington Final Notice Courts must assess unfair terms in consumer contracts 6. The Defendants kindly request that the mortgage contract be assessed in terms of its overall fairness to the defendants as consumers. The court is mandated to do so by virtue of an ECJ ruling. Courts in the EU must examine and rule on terms in consumer contracts that may be unfair even if no consumer has complained about them, the European Court of Justice (ECJ) has said. The duty will exist when a company seeks to enforce a consumer contract. The European Union's Directive on unfair terms in consumer contracts governs contracts because consumers have no bargaining power when presented with pre-written contracts to sign. It says that any term that is unfair will not be binding. 7. The defendants respectfully submit that they have no confidence in the ability of Capstone Mortgage Services to process the payments correctly. We therefore seek the kind permission of the court to make all future payments into the court. 8. The defendant respectfully requests that the Suspended Possession Order be set aside until the genuine level of arrears is established, the authority of Capstone to bring claim is satisfied and the overall fairness of the mortgage contract is assessed including whether the unlawful charges levied are in the court’s kind determination, binding upon the consumer. 9. The defendant further kindly requests the order of the court that possession may not be granted until the outcome of the current FSA ongoing inquiry is known and the individual investigation of the Financial Ombudsman Service in this case is completed. STATEMENT OF TRUTH. This one page summary simply has to be included in any defence 22 June 2009 The latest review from the Financial Services Authority (FSA) has found continued weaknesses in the way specialist lending firms and third party administrators are handling mortgage arrears and repossessions. Four firms have been referred to enforcement for investigation and several more firms are being assessed for referral. In many cases the FSA found a high incidence of mortgages moving straight into arrears and potential breaches of responsible lending rules. All firms investigated will be required to take action to remedy failures identified in the arrears review. This action comes as new data on mortgage lending, published today by the FSA, shows the number of consumers facing arrears and repossessions continues to increase. It also follows two warnings by the FSA last year that failing to treat customers in arrears fairly was unacceptable. The warnings were set out in an earlier survey of arrears handling and in a letter sent to the chief executives of all mortgage lenders and administrators. The latest review focused on specialist lenders to the impaired credit market who are no longer lending, and on third party administrators (TPAs) contracted to handle mortgage arrears and repossessions work on behalf of lenders. It also looked at arrears charges and the treatment of borrowers whose mortgages have been securitised. The review found that poor practice was still prevalent among specialist lenders and TPAs including: operating an approach focused too strongly on recovering arrears without reference to the borrower’s individual circumstances; being too ready to take court action; imposing arrears-related charges unfairly; and specialist lenders not exercising sufficient oversight of contracted TPAs. And it identified terms in securitisation covenants which could lead to inequitable treatment of borrowers in arrears, by restricting the scope for the lender to exercise flexibility and forbearance, for example by prohibiting an extension of the loan term, or conversion to interest only for a period. Lesley Titcomb, FSA director responsible for the Mortgage Sector, said: “In current market conditions, with our data showing more people struggling to meet their mortgage payments, it is vital that firms treat customers who get into arrears fairly. It is unacceptable that some firms are applying fees unfairly and pushing customers towards repossession without considering alternatives. The steps we are announcing today demonstrate that proper handling of arrears is still a high priority for us and will continue to be so until the necessary progress has been made. “The focus of today’s report was specialist lending but the messages apply equally to other mortgage firms. As a result of the Dear CEO letter sent to all lenders and lenders and administrators last November, follow up action is underway with a number of firms and the industry as a whole can expect continued intensive scrutiny of its arrears handling processes.” To help firms with their mortgage and repossession handling, the FSA has outlined some examples of good and poor practice. The FSA understands that customers in arrears are a vulnerable group who need help and advice. It has a wide range of mortgage material on the Moneymadeclearwebsite, including the “What to do when you can’t pay your mortgage” guide, which offers practical help for people who are struggling with mortgage repayments. The FSA requires firms to send this guide to consumers who fall into arrears. Consumers who are having difficulties meeting mortgage payments should talk to their lender immediately and may also wish to contact a free independent advice agency. If a borrower believes they have been treated unfairly by their mortgage lender, they should pursue their complaint through the firm’s internal complaints procedures. If they are not satisfied with the firm’s response, they may refer the complaint to the Financial Ombudsman Service. The arrears review is part of the FSA’s ongoing programme of work designed to monitor the effectiveness of its regulation of mortgage lending, to address key issues in the mortgage sector and to ensure that consumers are treated fairly and can make informed decisions. The issues identified during the review are being factored into the FSA’s comprehensive Mortgage Market Review on which a Discussion Paper is due to be published in September. That should get you started. Remember that YOU MUST AFFIRM your ability to meet your commitments under the mortgage going forward. Deciding on the appeal The judge who decides on the appeal will be more senior, or ‘higher level’, than the judge who made the original decision. Getting advice if you want to appeal If you want to appeal against the original decision you should get advice. But if I was you I would start the process NOW! You can find a legal adviser from the Community Legal Advice website. Find a legal adviser - Community Legal Advice l You may ask the judge if you can appeal (otherwise known as ‘permission’ or ‘leave’ to appeal) at the end of your original possession hearing. If you get permission to appeal, you need to make an application very soon after your original possession hearing. Once you get permission to appeal, you’ll have to apply for an appeal hearing. You’ll have to pay a fee to the court to get an appeal hearing. If you are on benefits or low pay, you may not have to pay the fee (otherwise known as ‘fee remission’). Find out about fee remission - Her Majesty's Court Service website (PDF, 381K) Opens new window Help with PDF files If the judge refuses permission for an appeal – what to do You can ask a higher level judge for permission to appeal if: •the judge in your original hearing refuses you permission to appeal •you didn’t ask for permission in your original hearing The higher level judge will decide whether to give you permission to appeal by looking at the court papers for your case or by holding a new hearing. Appeal hearing – what could happen If you do get permission to appeal, there will be an appeal hearing with a higher level judge making a decision. At the hearing the judge can decide a number of things, including: •keeping the original decision •dismissing (‘setting aside’) or changing (‘varying’) the original decision •ordering a new hearing The judge can also decide who should pay the costs of the appeal hearing (the legal costs like hiring a solicitor and the court fees). For example, the judge may decide that the person who loses should pay the costs of the other side. You could also check to see if you could get any benefits by using the Directgov website and using the Benefits advisor calculator https://www.dwpe-services.direct.gov.uk/portal/page/portal/ba/lp I know that sometimes it is easier just to throw in the towel and give up. Because everyday is hard when you have these barstewards on your back. But just go this one last step because if you don’t you will forever live your live wondering what if?? YOU HAVE NOTHING TO LOOSE !!! I have stuck all this info together for you today in an urgent way so it may not be all in the right order and you should check with a legal advisor but I am sure you can win this if you give it another go with all the info I have put on for you . All you need to do is chop out what isn’t relevant to your case. Then stick it all together and hey presto a new defence but this time much stronger than before. GO FOR IT Good Luck Hun!! Please try to convince your other half not to give up now, you are in the right and crapstone are in the wrong. I am sending positive thoughts to you; I am with you all the way. If you don’t try this one last time you will never know, tell your hubby that too. Also even if it failed it would still give you more time to find somewhere to live.

Hi Roxy I havent commented on your situation before but i wanted you to know that I am sorry for what has happened to you at the hands of these scumbags, and if it is any consolation whatsoever the likes of Littledotty and myself and numerous others are working day and night to try to stop these barstewards, I have just got involved with a site who are petitioning parliament to get compensation for people who have been unlawfully repossessed, I can see it taking a long time but I will not stop fighting for justice for those who have been let down by judges in cases like yours. I am truly sorry for what has happened and I know it doesnt help you now, but you never know in the future there may be some way you can claim some form of compensation. You guys take care now and hope things start improving for the future Kindest regards Cher69

Hi anw once again thank you for your help but !!! I dont understand why they can not capitalise the arrears you have lost me on this one completely.(Do I understand this correctly then if in the terms of the mortgage it states they will not capitalise the arrears) Is that it!!! :???:or can it be argued in court that this is an unfair term and that they should consider capitalising the arrears in genuine cases of financial difficulty. Also does the pre-action protocol where it states all avenues should be explored before court, where it goes on to say about payment holidays capitalising arrears etc does this not apply to these idiots then?? I am sorry but i am so confused :???:probably because i am trying my best to understand the legals and my logic and reasoning does not seem to apply!! and there is that much legislation you have to be a lawyer to understand most of it, or speak latin, or even to take one sentance and turn it into five pages of nonsense. It appears to me that the courts are a law unto themselves and they go with whateva they feel like on the day even if it means that they are going against what is written as a guide for them. It also seems to me these acts are written and if they are not set in stone and are a bit vague then it is up to the court to decide and the act goes out of the window. for example unenforceable credit agreements where in the legislation it says that a particular wording should be used but the court can turn around and say to the borrower "well you should have known that that meant such a thing". So dismiss the case. I just dont get it!!lol I need things in simple terms for simple people like me! lol!!

Hi Guys Just thought I would pop some more info on for you to peruse! These are extracts from the mortgage conditions which apply to my loan with sppl/capstone. I am sure I am not the only one who never read most of what it said before I signed it. The reason being that I was very nieve to think that a loan provider who was regulated by the FSA would ever try to back you into a corner or be unfair in the way it treats its customers. I soon woke up to that one!!!!! Here we go anyway- these are just bits that seem unfair! Firstly they refer to the Property Law act 1925 section 103 in the actual act it states the following A mortgagee shall not excercise the power of sale conferred by this Act unless and until: a notice requiring payment of the mortgage money hasbeen served on the mortgagor or one of two or more mortgagors, and defaul has been made in payment of the mortgage money, or of part thereof, for three months after such service: or b. Some interest under the mortgage is in arrears and unpaid for two months after becoming due: or c. Ther has been a breach of some provision contained within the morgage deed or in this Act, or in an enactment replaced by this Act, and on the part of the morgagor,or of some person concurring in making the mortgage,tobe observed, other than and besides a covenant for payment of the mortgage money or interest thereon. But SPPL have inserted their own take on this Act and have put the following: The mortgage conditions give by SPPL that the statutory power of sale applies to the mortgage free from the restrictions in section 103 of the Law of Property Act 1925 In other words in the mortgage conditions it means that SPPL/Crapstone do not have to comply with the above regulations. They have made up their own rules which are as follows: extracted from my agreement. THE LENDERS POWERS The statutory power of sale will arise on the occurence of any of the following: 1. If you the borrower, fail to pay in full any payment due under the mortgage . 2. If you are in breach of any of your obligations under the mortgage and you do not remedy that breach within 7 days of receipt of a notice from the Lender demanding that the breach be remedied. 3.If you commit any act of bankruptcy or make arrangements with any other creditors . 4. If the borrower dies whereupon the power of sale will arise 6 months after the date of death. These are just a few of the rules and below a few more to do with the Power of the lender We may excercise the powers mentioned whether or not it actually makes demand for payment under the Loan Agreement and whether or not it would be required by the Consumer Credit Act 1974 to give notice before making such a demand. Then further down it states this about the charges Any costs and expenses due under any loan agreement secured by the mortgage we will be entitled to recover all of our expenses from you and you must pay all the expenses on demand and if you do not pay these expenses they will be added to your mortgage debt and will bear interest at the interest rate from the date when they incurred until the date they are repaid. Surely these can not be standard terms and conditions because they dont sound very fair to me?????? What do you guys think???

Hi Guys I read this the other day and wondered how it affected things in court. It was from the fsa website and it stated that not all credit agreements have the protection of the consumer credit act 1974.For example, credit agreements involving limited companies. On checking my files my original agreement which i signed with SPPL is Ltd and capstone mortgage services is also a limited company. So does this have any bearing on things. I am a little confused because it also says on the original agreement (fixed-sum loan agreement regulated by the consumer credit act 1974) I am confused does anyone know anything about this conflicting information? Any info would be great thankyou cher69.

Hi Guys Just a quick update to let you all know where i am at.!! Well how helpful have Capstone been?? (Don't Laugh)lol !! After my complaint to them I got a full SAR without even paying for it so thats a bonus, the first free thing i have ever got from them it must be a first.) But alas as i expected they tell me that all their fees and charges are fair and i signed the agreement so i knew what they were blah blah blah the usual sh--t. As a good will gesture they have offered to refund me 4 litigation fees of £115 each total £520. But they have refused to capitalize the arrears or refund any of the other charges. They still deny treating us like crap and also deny lying to get the suspended repo. but have said if i have any evidence of this then to submit it to them and they will investigate again. I dont know what to do really, I know that i dont want to just accept the 4litigation fees refunded £520.00, when the actual total is £3,600.00 I thought should I find the evidence they need from my files which i do have and give them another chance to investigate? Or to just take them back to court and hit em with the lot with my n244 form and ask the judge to set aside the sup repo, and make them capitalise the arrears. Then state on the N244 the reason I want the susp repo struck out is because the original judge did not have access to important information that was available at the time so he could only base his decision on what evidence he did have presented to him (even though he didnt actually read any of it anyway) I would say that because of the fact i would be wanting another judge to overturn one of their mates orders and they don't like that i believe.lol!! So I thought that would get round it, or am I wrong ??cause i dont know all this legal stuff i am just going by what i have read. Also in Capstones lengthly letter they also stated the at they were not going to capitalise my arrears under any circumstances. They said ( "we would likde to inform you that whilst we endeavour to assist our borrowers where possible, we are not obliged to alter the terms of the mortgage, so the option to capitalise the arrears to your account is not available") simple as that. Gee they are so helpful and kind (NOT)!!!! so any advice or any general comments on this loverrly letter I recieved ?? thanks to everyone once again for taking the time to help and advise:)

Hi Guys I read this the other day and wondered how it affected things in court. It was from the fsa website and it stated that not all credit agreements have the protection of the consumer credit act 1974.For example, credit agreements involving limited companies. On checking my files my original agreement which i signed with SPPL is Ltd and capstone mortgage services is also a limited company. So does this have any bearing on things. I am a little confused because it also says on the original agreement (fixed-sum loan agreement regulated by the consumer credit act 1974) I am confused does anyone know anything about this conflicting information? Any info would be great thankyou cher69.

Catchy Capstone Monkey Step One: The Subject Access Request Capstone Mortgage Services Hi Ruthill the link above is the template SAR letter okay just amend the company name. Take care hun Cher69:)

Hi Ruthill Because I dont know the exact details of your circumstances it is hard to advise because i dont know if they have taken you to court already, or what the letters have been saying. So what I would do is STEP ONE. If you dont have all your statements to date then write to them and ask them for a SAR (SUBJECT ACCESS REQUEST) it is your right to ask for this under section 7 of the data protection act 1998 if you both signed the mortgage you will have to send in two (one each) and enclose a £10 fee for each one. The SAR will include all your statements how much they have charge you, what for and when. They have 40 business days or (8weeks to comply fully with your request. If they fob you off threaten them with reporting them to the Information Commissioner who will order full compliance from them fine them, and warn them about future conduct.Tell them you will only deal with them by letter not telephone. This is your RIGHT!!! STEP 2 The next thing I would do is write a complaint letter to Ge Money and adress it with the heading (complaints department) detailing all your greivances. They have 8 weeks to respond to this letter. Also state you will not discuss anything by telephone in future only letters as you have written proof of everything they say to you. STEP THREE Then I would write a complaint to the FSO (Financial Services Ombudsman) you can do this online and print it off but the space for your complaint isnt big enough so attach a sheet of paper to it and put in detail once again all your greivences.About how they have treated you badly and how they are levying you with all these ridiculous charges. On this put Urgent on the envelope. IMPORTANT And finally dont forget to keep a record of the chq numbers you send to GE Money, and also any letters you send to any of the above you must send by recorded delivery or special delivery so it can be tracked and you know it has been signed for so you know they have recieved it and they cant try and fob you off by saying they havent because you have proof. All these things will start the ball rolling if they try to take you to court as the court for an ajournment to give you time for the company to send you the SAR you are waiting for.Because you are entitled to have all the information you need to hand in court for your defence if it comes to that. There is a template letter link somewhere on here for the SAR .I will try to find it and post it on here it is originally to do with Capstone mortgages but you can just change the company name to GE Money . I must impress upon you that with these people you need to get on and do these things above so make it your priority and do this TODAY! Hope this helps to get you started with the complaints process.:)Cher69

Hi Campari2 Thank you for your advice you must have been reading my mind, because I thought about that today and thought why couldnt i take them back to court but do I need to get an N244 form first and take it from there or is there another legal way of doing it I am a bit thick when it comes to court procedure etc, and how you go about it. Thank you again for you advice and that goes out to everyone you guys have been great and much welcomed support I can tell you!! Kind regards to you all Cher69:)

Hi Guys HELP!!!!!! I need a shoulder to cry on!! or someone to tell me that all is not lost!!!!Because I feel on a real downer after reading the letter I got this morning from the FOS !!!! I am really stumped now!! The FOS won't help me!!! I sent in a complaint to them about how we had been treated by capstone and that they lied in court and that they managed to get a suspended possession order even though we had an arrangement ongoing and it was up to date. Also that the arrears had now gone from £1,450 to £3,850 and that they want me to pay up because the arrears had gone up and I havent got a clue how, because i have done exactly what the court said and paid what i should and only missed one payment and caught up. The reply from the FOS said this - it would appear that we cannot deal with your complaint because the matter has been the subject of court proceedings where the court reached a decision on the merits of the issue complained about. We would be unable to instruct the firm to remove the suspended repossession order as this was decided by the courts and we are unable to overturn any ruling made by them. But it isn't just the fact that I wanted the suspended repo order removing it was the fact that they are threatening to take me back to court any day claiming i didnt stick to my agreement made by the court which I did! For arrears that I havent been responsible for, and dont know where the hell they came from. I am going to write back to the FOS and make it very clear that it wasn't just that I was complaining about. I thought they knew what these idiots were like and would want to help me, or is it the case that once you have been taken to court and a suspended repo order has been made, then the lender can do what they like after that to evict you and you can't do jack sh--t about it and neither will the FOS, and also how we ended up in court in the first place by them not treating us fairly, that goes by the wayside too, is that what they are telling me. I am confused any words of advice would be good right now thank you!!!:confused:cher 69

Hi Guys HELP!!!!!! I need a shoulder to cry on!! or someone to tell me that all is not lost!!!!Because I feel on a real downer after reading the letter I got this morning from the FSA !!!! I am really stumped now!! The FSA won't help me!!! I sent in a complaint to them about how we had been treated by capstone and that they lied in court and that they managed to get a suspended possession order even though we had an arrangement ongoing and it was up to date. Also that the arrears had now gone from £1,450 to £3,850 and that they want me to pay up because the arrears had gone up and I havent got a clue how, because i have done exactly what the court said and paid what i should and only missed one payment and caught up. The reply from the FSA said this - it would appear that we cannot deal with your complaint because the matter has been the subject of court proceedings where the court reached a decision on the merits of the issue complained about. We would be unable to instruct the firm to remove the suspended repossession order as this was decided by the courts and we are unable to overturn any ruling made by them. But it isn't just the fact that I wanted the suspended repo order removing it was the fact that they are threatening to take me back to court any day claiming i didnt stick to my agreement made by the court which I did! For arrears that I havent been responsible for, and dont know where the hell they came from. I am going to write back to the FSA and make it very clear that it wasn't just that I was complaining about. I thought they knew what these idiots were like and would want to help me, or is it the case that once you have been taken to court and a suspended repo order has been made, then the lender can do what they like after that to evict you and you can't do jack sh--t about it and neither will the FSA, and also how we ended up in court in the first place by them not treating us fairly, that goes by the wayside too, is that what they are telling me. I am confused any words of advice would be good right now thank you!!!:confused:cher69

Found this and I hoped it may help somebody sorry if it points out things you already know it just seemed a bit more explanitory and simple to understand although it is a bit long. sorry:) cher69. Important points when checking whether or not your agreement is enforceable. FAQS What type of agreement is caught by the Regulations? a) Agreements applicable to cash loans or loans to purchase specified goods (typically vehicles). These agreements are categorised as Fixed-sum loan agreements, Hire purchase agreements or Conditional sale agreements. b) Agreements applicable to overdraft, credit card and store card facilities. These are classed as Running account agreements and are categorised as Credit Card agreements or Credit agreements. What type of agreement is exempt from the Regulations? Generally agreements issued to incorporated companies, Charities, firms with more than four partners, certain specified overdraft accounts, Utilities and land agreements (mortgages specifically for the land and buildings). For what reasons can agreements be unenforceable? Pursuant to the Consumer Credit Act 1974, regulations to the form and content of documents embodying regulated consumer credit agreements ensure that the debtor is made aware of: The rights and duties conferred or imposed on him by the agreement; The amount and rate of the total charge for credit; The protection and remedies available to him under the "Act"; and Any other matters which it is desirable for him to know about in connection with the agreement. A regulated agreement is not properly executed unless: A document in the prescribed form containing all the prescribed terms is signed by the debtor and the creditor; The document embodies all the terms of the agreement, other than implied terms; and The document is, when presented to the debtor for signature, in such a state that all its terms are readily legible. What if my agreement appears to be non compliant with the Regulations? The Regulations contains requirements as to the form and content of documents embodying regulated consumer credit agreements. If these requirements are not complied with, the agreement is not properly executed and is enforceable against the debtor only with a court order. The court must dismiss a lenders application for an enforcement order if it regards that prejudice has been caused to any person by the breach in question, and the degree of responsibility for it. The Regulations also provides that certain terms are 'prescribed terms' and must be contained in the "agreement" if it is to be properly executed. If any of the prescribed terms is missing, or incorrect, the "agreement" is not enforceable against the debtor and the court is precluded from making an enforcement order in such cases. From 6th April 2007 the Financial Ombudsman Service offers you mediation and conciliation scheme to cover consumer credit disputes. Decisions will be made using guidance from the Office of Fair Trading as to possible infringements of the Consumer Credit Act 1974 and the Regulations. The scheme is free and is referred to as the Alternative Dispute Resolution (ADR). All Consumer Credit Agreements regulated by the Consumer Credit Act 1974 are only enforceable by order of the court. In the absence of such an order, the lender may not take steps to enforce the agreement or to reclaim goods or security that are covered by the agreement. What if my agreement seems to be enforceable? If the agreement technically complies with the most important Regulations and would therefore probably stand up in court in favour of your lender. However, there might be other aspects such as the interspersing and prominence rules that may breach the regulations. In this case you should consider legal advice. So they can properly analyze the agreement fully. PLEASE NOTE The above is just a guide to try and make some sense out of the legal jargon contained within the acts and to give an idea on what you should be looking for within your agreement, which could make it unenforceable. Quote made by Lord Justice Clarke (McGinn v Grangeworth Scurities Limited (2002)) "These appeals raise a number of issues under the Consumer Credit Act 1974 ("the Act") which has recently provided so much work for the Court. Like others, this case demonstrates the unsatisfactory state of the law at present. Simplification of a part of the law which is intended to protect consumers is surely long overdue so as to make it comprehensible to the layman and lawyer alike. At present it is certainly not comprehensible to the former and is scarcely comprehensible to the latter." First of all Check the wording is correct. When checking your agreement the wording has to be correct there should not be any other wording or left blank. For example, If the exact wording ’Total Charge for Credit’ is not shown do not assume other words mean the same. Check the Title of the agreement At the head of the agreement there should be the title. For example – Fixed-sum loan agreement regulated by the Consumer Credit Act 1974. Or Hire purchase agreement regulated by the Consumer Credit Act 1974 Or Conditional sale agreement regulated by the Consumer Credit Act 1974 Or Credit agreement regulated by the Consumer Credit Act 1974 If the title is not an exact match make a note of what it actually says. Parties to the agreement immediately after the title there should be details of the parties to the agreement. This should be the debtors (borrower) name and postal address make a note if this is missing. Note: If there is more than one debtor, the name and postal address of each debtor must be shown Then also check the (lenders) name and postal address is also on the agreement. If it is missing make a note of this because this also must be shown Date that you received the loan? Make a note of this The date that you received the loan is the date that you actually received money into your account/hand, when you received goods or when things were paid for on your behalf. It may be important if you received the loan before 31st May 2005, and also after that date up to April 6th 2007. Then after the 6th of April 2007 to now. Because these are dates when regulations changed or were amended. Amount of credit Make a note of the amount that is shown under ‘Amount of credit’. It may be that the credit (amount borrowed) is shown as ‘the amount of borrowing’, ‘amount of cash loan’, ‘Loan’ or a culmination of ‘loans’. It is permissible for the lender to phrase the ‘Amount of credit’ as something else but it has to be clearly defined as to it being credit and nothing else. Ie: the amount that you have actually received. The credit is the total cost of the goods, land or buildings (less any deposit or advance payment), or; the actual amount that you received in your bank account or pocket as a cash sum. If the amount of credit or amount of loan etc is missing make a note of it. Total cash price If the wording ‘Total cash price’, or the amount, is missing make a note of this. Duration of the agreement The duration of the agreement must be shown and should be stated by the number of months. It might be that the whole duration is not shown on its own. However, a breakdown of the duration might be shown under the payments section in the agreement. The duration might be referred to as the term. If it is incorrect or missing make a note of this. 8. APR The APR should be shown (eg: 12.5 for 12.5%). The APR has not to be confused with the interest rate. The APR is the Annual Percentage Rate that expresses the true reflection of the cost of the credit. Ensure that the interest rate is shown If the APR is missing make a note of this Rate of interest The interest rate (eg: 12.5 for 12.5%). The rate may be expressed on a monthly basis where as it should be expressed on an annual basis. If it is expressed ‘monthly’ then multiply the rate by 12 and make a note of it, if it is missing also make a note . The interest rate has not to be confused with the APR. 9. Fixed or variable rate It should be stated on the agreement whether the Interest rate is a variable rate or whether it is fixed. It may be stated anywhere within the main body of the agreement but should be located next to the Rate of Interest. It is common for the lender not to show whether the interest rate is fixed or variable. However, it might be shown that the APR is variable. If this is the case then the interest rate will be variable. This is an important point please make a note of this. Total charges/fees ‘Total charges’, ‘charges’, ‘fees’ etc. This has not to be confused with the ‘Total charge for credit.’ That should also be shown. If the wording ‘Total charges’/‘Total fees’, or the amount, is missing make a note of this. Total charge for credit There should be an amount shown under the title ‘Total charge for credit’. This has not to be confused with ‘Total charges’, ‘charges, ‘fees’ etc. If the wording ‘Total charge for credit’, or the amount, is missing make a note of this. Debtor name (Borrower) Make a note of the borrowers name exactly as it appears on the agreement. It should be located immediately bellow the title of the agreement. Creditor name (lender) Make a note of The lenders name exactly as it appears on the agreement. It should be located immediately bellow the title of the agreement. First payment Make a note of the date, and the amount that might be shown under a first payment. It may be stated on the agreement that a fee or a charge is payable with the first payment, if so, ensure that you add this to the monthly payment if it is not already included. If there is no reference to a first payment or there are no charges or fees payable with the first payment make a note of this Constant payment There should be an amount that is shown to be the monthly payment. This might be expressed as the subsequent, regular, constant payment etc. It may be that a fee or a charge is payable with the payment, if so, ensure the entry reflects it. Make a note of what it says. Last payment There might be an amount being shown under a last payment. It may be stated on the agreement that a fee or a charge is payable with the last payment, if so, ensure the entry reflects it. Do not include any deferred or balloon payment that might be shown. Make a note of this and if there is no last payment make a note of this. Deferred or balloon payment Make a note ofthe amount that relates to a deferred or balloon payment. I.e. the residual element of the capital that is due at the end of the term (duration). If there is no deferred or balloon payment make a note of this. Advance payment ‘Advance payment’. The advance payment is any payment that the debtor has to make before he is provided with credit or enters into the agreement. It includes any deposit or part-exchange allowance. If the advance payment is missing make a note of this Total amount payable ‘Total amount payable’. This has not to be confused with the ‘Total payments’. If the wording ‘Total amount payable’, or the amount, is missing make a note of this.

Am i Confused or can i not read that i can never upload stuff on here either unless its my eyes lol!!??

Hi Guys Just thought I would pop this one in while i am waiting for my response from crapstone. I was sorting my files the other day and found some print outs from when I first went to court with these idiots and I asked for help on a consumer group forum (not this one) But the people on there were so nasty and unhelpful you wouldnt believe. I got a few saying "No company would take you to court after only two months arrears" lol I got accused of lying and possibly making a fraudulent mortgage application. You name it I got it!! I finally lost it with all of them on that site and I am so glad i can go back now and tell those know it alls that I was right and they were wrong. Just goes to show that on that site back in 2006 the people on that site didnt think it possible for people like crapstone to dare treat anyone that way;)

Well done Michtell I just wanted to say how happy i am for you and shall be celebrating with a small gin on your behalf !! lol Good Luck with the future and your investigation with the FOS, I had good results with them regarding GE Money last year. Take Care Cher 69;)

Well done Michtell I just wanted to say how happy i am for you and shall be celebrating with a small gin on your behalf !! lol Good Luck with the future and your investigation with the FOS, I had good results with them regarding GE Money last year. Take Care Cher 69;)

Hi Hun Yes of course you can you can go back as many times as you like I was only reading about this the other day because peoples circumstances change and if you have a genuine reason to go back then you do. (The piece I was reading did point out that if you do keep failing to keep your agreements after a few times the court is less likely to go in your favour) but If you explain your circumstances to the judge truthfully this time!! and apologise for the previous time you were in court( This goes down well with judges they like respect for the court) and then go on to say that last time you weren't prepared and werea scared to death and just agreed to anything and hoped you could find the money because you were so frightened of loosing your home and capstone had been such bullies. Go on to say you have now took the time to realistacly work out what you can afford over a period of time by paying in instalments. Tell him you have a budget sheet with you to show you can afford it this time and will be able to stick to the arrangement and also have your payment proposal all worked out on paper showing how many instalments and over what period you are proposing. The judges like things organised set out clearly, because it looks more like you have thought about your proposals and there affordability and more likey to accept what you are saying. You will need copies of the above x 3. one for you, one for the judge and one for the vultures. With a bit of luck the judge will be on your side and say ok. I will cross my fingers for you take care cher69 Ps just wanted to say I am no expert but i just wanted to help because of what I had read and it was from a reliable source !!

Definately hun you do that !!!! take care I am sure it will be fine on monday i will keep my fingers and toes crossed for you okay Cher69x:)