Hi Michtell:-) I am with you all the way on that one, and that is precisely what I am going to do. my motto of how to deal with these idiots is " Don't be scared be prepared!" In Court make sure you have your facts laid out in front of you and everyone with a copy and sock it to em big time. Calmly and to the point. Then Fight Fight thats what I say Fight them all the way they are nasty, evil, lying, obnoxious, barstewards. Has anyone ever heard of mortgage rage because i think i have got it. lol!! Sorrry went off on one a bit then thinking maybe i am a bit of a suffragette at heart! and GOOD LUCK Rightinit will be thinkin bout ya!!

I just thought I would put this info on for anyone who may find it useful!! The Personal Support Unit (PSU) is an independent charitywhose aim is to offer help, information, support and non-legal advice to litigants in person or others who have to attend a court hearing. Their main base of operation is the Royal Courts of Justice in London but they may be able to provide assistance at other courts. The PSU is staffed by volunteers who can offer moral support and provide information about what to expect at court. Whilst they can attend hearings, they cannot give legal advice or provide representation

Hi Andrew1 This is precisely my point I didnt actually say but I was more than prepared and my defence went back to the court well in advance of the date of the hearing. I felt confident in what I had written and thought the judge would see how unfairly we were being treated and how capstone were wasting courts time and money by bringing a case to court that already had an agreement in place and ongoing. It was just unbelievable, I was just stood there gobsmacked. I nearly said to the judge firstly have you read any of that pile of papers in front of you or are you gettin backhanders from these people. But of course that would be ridiculous and I wouldn't dare say anything like that to a judge nevertheless the thought did cross my mind! lol!!

Hi Andrew1:) Yes I totally agree with you, unfortunately at the time i put on that post I was ready to vent my splein and it just happened to be on here. lol!!! But I do want to say that I also agree with you about people not getting reprosentation until the last minute, and also the point you made about people not being adequately prepared and organised. But of my personal experiences in court, the judges I have met have given me the impression that they couldnt care less, I was just one of many in the day and they just dont want to know.Obviously this does not apply to all of them. Hopefully now with this pre-action protocol, things will be a lot better and fairer. The last judge I had was unbelievable, I had been prepared, I had copies of every letter the lender sent me and ones I had sent to them. I had a list of all my payments and ones that were missed and the total arrears. I had already made an arrangement and I had in writing that if I stuck to it that court would be avoided. Also Proof I had stuck to this arrangement and that it was being paid and into its 2nd month of payment. But No that wasnt enough and this particular judge granted them a supended repo in about 10mins. I also agree with you that the judge can only go by what's infont of him ,( well the one I had never looked at my defence so maybe you can understand me gettin a weee bit upset. cher69

Hi guys I have just come on to say that after reading mitchells post I am sat here crying with pure frustration. These tirants have got to be stopped, how the hell are these judges allowing them to repossess peoples homes and destroy peoples lives,when they dont even bother their arse to read the documentation that is presented to them. As they did in my case, the system is farcical. This is their job for christ sake! That is what they are supposed to do, to make sure that people do get treated fairly and to hear both sides (Or am I wrong) because as in my case they just seem to grant suspended repos at the drop of a hat because they can go to lunch sooner.So I just want to say that "IF ANY JUDGES ARE READING THESE POSTS THIS IS FOR YOU!!!!!!" "BLOODY WAKE UP JUDGES AND DO YOUR JOB THAT YOU GET PAID TO DO, SHOW YOU HAVE GOT SOME BALLS AND STAND UP TO THESE PEOPLE AND MAKE IT HARD FOR THEM"! "THEY DONT TREAT THEIR CUSTOMERS FAIRLY SO WHY SHOULD THEY BE TREATED FAIRLY IN COURT, THROW THE BLOODY BOOK AT THEM!! YOU HAVE THE POWER TO CHANGE THINGS SO DO IT !!" " MAKE THEM HAVE TO DOT EVERY I, AND CROSS EVERY T, AND IF THEY DONT THROW THE CASE OUT AND MAKE THEM START AGAIN. YOU ARE THERE TO PROTECT THE VULNERABL,E AND YOU ARE AT THE END OF THE DAY, THE LAST PERSON IN THE LINE THAT CAN STOP THESE VENUMOUS BARSTERWARDS" "ITS CALLED JUSTICE THE THING YOU SWORE TO UNDER OATH WHEN YOU BEGAN YOUR SERVICE TO THE PUBLIC". "REMEMBER????????" Sorry guys!!! I just had to let that one rip, because it annoys me so much, and I feel so deeply sorry for all the people who's lives they have torn apart. :)Hugs to everyone,and much appreciation to the people of this forum who unlike the judges help people free of charge and in their own time, you really dont now how much you are appreciated guys so I am telling you!! cher69xx

Hi Dougal Unfortunately no APS was not my broker it was a small firm near where I live . Sorry cant help on that one. Cher 69:)

Hi Guys Thank you for all your replies and helpful advice I just finished my complaint letter to the FSO this morning and low and behold a letter drops through my door from the wonderful Crapstone!!!! I thought here were go how long have I got before you possess me lol!! because they are enough to make your head spin round and puke peas err!!! (re The film Exorcist). Anyway it turned out to be a letter saying we got your letter and we are the complaints team. They also included a nice little leaflet entitled "Complaints procedure Guide" Well I never !!! What complaints team I have been complaining for years now and never once have I received a letter from a dedicated complaints team. Just quoting their letter and to give you all a good laugh they said."We are sorry that you felt it necessary to complain as SPPL aim to provide a high level of service to all its customers. It is disappointing to hear that you feel your experiences so far have been unsatisfactory". These guys never fail to amaze me they say they will investigate my complaint thouroughly and let me know in 4 weeks. So do I carry on and send my letter to the FSO or wait what do you guys think?? Cher 69:)

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IMG]http://i50.photobucket.com/albums/f344/madmaria_bucket/sppl/spplletter1stocttellingmecourt.jpg[/img] IMG]http://i50.photobucket.com/albums/f344/madmaria_bucket/sppl/statementoftruthsppl.jpg[/img]

Ihope i have done this right here goes the letters!!

Hi enoughisenough You are so right about the courts and infuriates me too. Because when these **** bags took me to court they had already agreed to the arragement I proposed after errr over 5 months of battling with them. Only still to take me to court. I pointed this out in a letter to the judge that if he care to look at the date on the letter capstone sent me agreeing to the arrangement he would see it says they agreed on the 19th of september. I then pointed out to him that they then went and lodged the papers at court on the 1st of October Why?? When they agreed an arrangement with me to pay off £20 a month off the arrears which I stuck to and had already paid two instalments by the date i said i would. Why were they allowed to still take me to court 2 months later on 14th of November to agree an arrangement that has already been agreed??? Why are they intent on getting me further into debt?? The court costs could have been avoided and I wouldnt now have a bloody :mad:suspended repo order hanging over me for the next umpteen years. I pointed ouut that I had a mental breakdown and did the judge think this was helping me, did he think they had used fsa guidlines about treating customers fairly and sympathetically I think not!! But the stupid old fart:mad: probably never bothered his arse to read what I had put, probably thought oh yeh another one thats got into debt and cant afford it welll never mind and like you say just rubber stamped it and went for his dinner!! tossser. oooohh it makes my blood boil sorry!!!!!! And what I meant to say before i started ranting was I agree with you that they will make up a breach in the agreement and what i am scared of is like you say the judge will say oh naughty me nice lender and take my house off me. this is what is doing my head in the uncertainty of it I dont know what they are up to for all i know they could be instructing court baliffs as we speak and i dont know what to do oh Poooh!!! cher69:mad:

hi enoughisenough The order was made back on the 14th November 2007. It says order for possession (morgaged premises) Suspended. Upon hearing Mrs..........in person (I dont know how because I did not attend) and upon mr.............not attending( err yes he did attend) 1.The defendant give the claimant possession of ...............on or before the 14th of December 2007 2. This order is not to be enforced so long as the defendant pays the claimant the unpaid instalments under the mortgage of £370.66 by the payments set out below in addition to the current instalments under the mortgage payment required £20.00 per month the first instalment being paid on or before the 5th Decemeber 2007. THEN FURTHER DOWN IT SAYS TO THE DEFENDANT The court has ordered that unless you pay the arrears under the mortgage at the rate set out above in addition to your normal payments you must leave the premises. Payments should be made to the claimant not made to the court if you need further information about making payments please contact the claimant. If you do not make the payments or leave the premises the claimant can ask the court without further hearing to authorise a baliff or high court enforcement officer to evict you. (in that case you can apply to the court to stay the eviction, a judge will decide if there are grounds to do so). If you do not pay the money owed when it is due and the claimant takes steps to enforce payment, the order will be registered in the register of judgements orders and fines. this will make it difficult for you to obtain credit. Thats it!! The reason I am saying about asking the court to vary the order is because SPPL have decided that that the amount that the court ordered me to make is not enough now, because to them because when i missed a payment last year I managed to pay more than £20 to get back on track again and then when I had got straight I reverted back to the original order. Paying just the extra £20 the court ordered me to pay but they have decided that i can obviously afford to give them more money in the future. But then like you say i thought why am i asking the court to vary the order?? It was the only thing I could think of doing at the time so that the court would make a new order that sppl couldnt argue with. But then I thought you twit !! I would be asking the court to make an order to vary the order to what it already is, oh jeez see they have got me that confused !!! so that idea went out of the window really!! I dont know what to do to be honest lol!! I am up to date with my payments and just this month is due on the arranged date of the 24th which was arranged with an advisor on the telephone just after court because our money doesnt go in the bank till then, they said thats fine at the time but i think theyhave forgotten they agreed that hence the late payment fees. arrhhhhh!! We have tried to tell them over the phone that we had to rob peter to pay paul basically not pay someone else to catch up with the mortgage. But they were having none of it and are now charging me late fees, litigation fees, arrears management fees, every month. Now our income has gone down by £400 a month so there is no way I can pay any more we are going to be struggling as it is now. We told them this but they demanded a new income and expenditure sheet and copies of all our household bills totals of all the arrears and once they received all that they wanted me to phone them to go through it to see if I could save any money anywhere. I thought are you fools joking. But i did what they asked but told them i wasnt phoning them, they wrote back on the saying the gas bill was missing (it wasn't), so I wrote back on the 13th of April saying I had had enough :-xand they better sort it all out refund my fees and charges or i was going to report them to the FSA and OFT. I gave them 7 days to reply. They sent me a letter back on the 15th of April which didnt even mention my letter just threatening to take me back to court, and now my arrears total is £3177.86 and I havent got a clue how they have ended up with that figure, I thought that by the court making an order the arrears were supposed to go down not up???? I am sorry I hope that all makes sense!!! (I will put the letters on to show you is that okay?? Thank you so much for you help) It is really appreciated kind regards Cher69

Hi Kip Thankyou for that and yeh I know I am not the only one, and there are people much much worse than i am, but I always feel like I have to make sure people understand that I am not a time waster or an idiot. Because I know I cock-up (sorry!!) bigtime sometimes and write a load of twaddle and look at it the next day and think oh my what have i written lol!! But thank you again for your reassurance and support kind regards!! cher69:)

Hi everyone:-) I felt I must make you guys aware that I have a :shock:mental illness :shock:which is rather annoying when you know what you want to say but you cant write it down:cry:. In other words my brain gets easily muddled:confused: with lots of information that is why I end up posting on the wrong boards and putting things sometimes that are totally irrelevent. Just wanted to make you guys aware that I am not a complete LOON!!! I was once quite intelligent but the worst part is that one day I can be as bright as button:p, and the next, I cant even string a sentance together:confused:. lol!! Just thought I would let you know didn't want you thinking I was being an idiot !! okay, thats off my chest now onward and upward gotta keep smiling!! lol:grin: Thankyou for your understanding and putting up with me cher69 x:-)

Hi everyone:-) I felt I must make you guys aware that I have a :shock:mental illness :shock:which is rather annoying when you know what you want to say but you cant write it down:cry:. In other words my brain gets easily muddled:confused: with lots of information that is why I end up posting on the wrong boards and putting things sometimes that are totally irrelevent. Just wanted to make you guys aware that I am not a complete LOON!!! I was once quite intelligent but the worst part is that one day I can be as bright as button:p, and the next, I cant even string a sentance together:confused:. lol!! Just thought I would let you know didn't want you thinking I was being an idiot !! okay, thats off my chest now onward and upward gotta keep smiling!! lol:grin: Thankyou for your understanding and putting up with me cher69 x:-)

Hi everyone:) I felt I must make you guys aware that I have a :eek:mental illness :eek:which is rather annoying when you know what you want to say but you cant write it down:(. In other words my brain gets easily muddled:confused: with lots of information that is why I end up posting on the wrong boards and putting things sometimes that are totally irrelevent. Just wanted to make you guys aware that I am not a complete LOON!!! I was once quite intelligent but the worst part is that one day I can be as bright as button:p, and the next, I cant even string a sentance together:confused:. lol!! Just thought I would let you know didn't want you thinking I was being an idiot !! okay, thats off my chest now onward and upward gotta keep smiling!! lol:grin: Thankyou for your understanding and putting up with me cher69 x:)

Thankyou Suetonius I have just printed of all 88 pages of that so off to bed with some light reading me thinks lol! sod mills and boon ha ha:D

Can anyone advise me if SPPl/Capstone have to go back to court to evict me from my home as I have a suspended possession order on it at the moment and need to know how much time I have got to complain about them. I also need to know if i should apply to vary the order in the mean time because they wont agree to the one i am proposing which is the original order the court made. OH God this sounds so stupid !! but i dont know what other way to explain it thank you cher69:)

Hi everyone Just thought I would post what i found on the FSA Website or was it the OFT website oh pooh I cant remember ! anyway one of them lol!! I hope this helps someone !! Under the Unfair Terms in Consumer Contracts Regulations a department of the Office of Fair Trading (OFT) known as the Unfair Contract Terms Unit deals with unfair terms in consumer contracts. Members of the public can notify the OFT if they consider a contract term to be unfair. The OFT can try and negotiate changes to the contract if it is unfair. Or take out a court injunction to stop the contract term being used in the future. Speech by Katherine Webster, Manager of the Unfair Contract Terms Team, FSA CML's 7th annual legal issues for mortgage lenders conference 13 January 2009 There are some limits to the mortgage contracts we can look at under the Regulations - for example, we look only at first charge mortgages. Second charge and buy-to-let mortgage contracts fall to the Office of Fair Trading (OFT), the principal enforcer of the Regulations, for consideration. We have an agreement - a Concordat - with the OFT setting out our respective responsibilities for financial services contracts under the Regulations. The Concordat is available on our website but, broadly speaking, we deal with contracts from authorised firms carrying out regulated activities and the OFT deals with all other standard-form financial services contracts.

Hi hun YES I HAVE GE Money are complete barstewards they are supposed to deal with people fairly and offer every option to help people in arrers but they dont i wont go into my case in detail unless you realy want to know but all I can say is I went to the FSA and I kept hounding them telling them that I was desperate and I was due in court very soon. It took about 12 months but eventually GE Money refunded all my charges, capitalised my arrears and apologised so there you go it does happen. Just go for it with the FSA put that it is urgent, let them know that you know someone who was in the same boat and that the FSA found GE money guilty of various breaches in the fsa regulations that may help. If you wana ask me anything regarding GE Money I will only be too glad to tell you what I know or my experience with them. Just battling my way through court with SPPL/Capstone at the moment it never ends. LOL! Good luck and dont give up okay take care Cher69:-)

Hi enough is enough I must be having a dementia moment but does that mean it is ok to put on here the problem I am having with capstone/sppl at the moment or start a new thread. I have read the FAQS but as I say being a bit thick at the moment. LOL thankyou cher69:confused:

I have decided sod it I am going to report them to the FSA anyway and I am going to inform (The unfair contracts team at the fSA or at the OFT I am not 100% sure which deals with this their info is a bit confusing ) Ifound this info on a site which stated that it is the (Consumer Contracts Regulations a department of the Office of Fair Trading (OFT) known as the Unfair Contract Terms Unit deals with unfair terms in consumer contracts. it also stated that .... Members of the public can notify the OFT if they consider a contract term to be unfair. The OFT can try and negotiate changes to the contract if it is unfair. Or take out a court injunction to stop the contract term being used in the future. and it gave the examples below I have included this just incase anyone this helps anyone else. Examples of the types of contract terms the OFT will consider to be unfair include: 1. Exclusion of liability for death or personal injury. 2. No liability by the company / business for breaches of contract. 3. Excluding liability for poor work or work & materials. 4. Restricting the level and type of liability. 5. Unreasonable time limits on notification of claims. 6. Binding you to the contract when the company / business is at fault. 7. Assignment clauses. 8. Restricting your rights and remedies. 9. Excluding your right to set off claims you have against the company / business against any claims they make against you. 10. Excluding liability for delay. 11. Contracts which allow the company / business not to perform obligations at all. 12. Binding you to the contract while allowing the company / business to offer no service at all. 13. Allowing retention of prepayments when you are not at fault. 14. Penalties. 15. Unequal cancellation rights. 16. Making termination subject to unreasonable conditions. 17. Allowing termination of the contract without notice. 18. Binding you to hidden terms or variation clauses. 19. Allowing changes in what is supplied, or price variation without notification to you. 20. Allowing the company / business to impose undue financial burdens. any advice on this would be greatly appreciated thank you cher69:confused:

Was wondering if I should go ahead and complain to the FSA without their permission letter?????

Hi Campari 2 sorry I havent got back on to you with a reply but my computer is playing up at the moment. In answer to your question No they never offered us any other way of clearing the arrears they gave us 3 months then agreed to 6 months, then finally agreed eventually to £20 a month off the arrears and the normal payment, if I paid that months payment which I had already done. Then the following day their solicitors submitted their claim to the court for repossession. When my husband rang them when he found out what they had done they said basically tough. we told the court this too and about wasting courts time because they only got the same agreement when we went to court except it cost us more money. But the judge didnt want to know, it is as if they are above the law and can do what ever they want which is why now in retrospect I am thinking what have I done, have I just opened a can of worms, but I cant let them carry on like this we have paid every payment they asked and now we owe more than double what we started with its just crazy, I feel like I am on another planet.!!! and yes all our correspondence is now via letter and recorded delivery they dont seem to like doing that. they are ringing me about 10 times a day.

Hi DX Yes thankyou for sorting the formatting out I did try but couldnt do it !! As far as the Judgement goes Yes I do have it and I have every letter they have ever sent me, and every letter that I have sent them. I wasup till 5am this morning organising the file I have with all the documents in, when I re-read everything I couldn't believe how they have treated us. Their letters dont even address the issue of our circumstances they are just standard letters that proceed to court. In their terms and condition it says that you have to get permission from them to report them to the FSA. The wording actually says permission are they serious?? At the time when this was happening in 2007 I had already suffered a severe mental breakdown and was on the verge of being sectioned, at one point I didnt even know my own name or date of birth. I am still no where near recovery and still awaiting treatment over 3 years down the line. I feel like I am heading back down that road again, and these idiots are one of the reasons I am sure of that. I was wondering in the mean time should I fill in a N222 at court to vary the suspended order in case SPPL crapstone decide to just come and repossess my house, because of my so called breach, because I read somewhere that they dont have to go back to court they can just instruct baliffs to evict us is that right??? Thankyou to anyone willling to give any advice or support:-x:confused: