Capstone/SPML "Order For Possession Granted" ?? Help please

[squash72]

Ell-enn

 

I cannot thank you enough - going to the court (and post office) tomorrow- hand in all the documents - fingers crossed.

 

Squashy

[squash72]

Hello Ell-enn,

 

Just returned from the court - our hearing date is 15th June at 9.55am!!!

 

I was able to wait for a hearing date, at the court once I had handed my N244 forms in - which is a relief - I think!!!

 

Letter sent to SPML - for break down of charges and actual arrears figure.

 

I take it tho that we will obviously have to pay the legal fees for SPML to have their solicitor there to defend them!?

 

How I am able to concentrate on anything else until then - I don't know!!!

 

Fingers crossed

 

Thanking you so much

 

Is there anything we need to do now - apart from trying not to worry?

 

Squashy

[Ell-enn]

There's nothing you can do at the moment - lets just wait and see if they send you the breakdown of arrears in time for the hearing. If they don't you can tell the judge that the figure is in dispute and despite requests for clarification they have not complied and therefore are frustrating your attempts to address the situation

[squash72]

Hi Ell-enn,

 

Just a quick update, I had the urge to call SPML on Friday for an update myself - they acknowledged they had rec'd our proposal - "you will receive a response from us within 48 hours"

 

We rec'd a letter today advising us to call them urgently.

 

So I did - I spoke to someone who advised me that the proposal has been turned down as the amount to pay off the arrears was not high enough for the amount outstanding.

 

He told me that the department (who had declined our offer) had forwarded our details to him, to look at our mortgage account and that we maybe able to capitalise, this is not normal procedure for SPML but available to some people, he siad.. - We now obviously have to give them copies of everything from the past 3 months and correspondence from other companies we owe money too (ie credit cards although we only pay them £1 some months)

 

Still haven't a reply re charges - and not anything in writing from them to say this.

 

If on Monday at the hearing the judge sides with SPML are we able to say give us 6/9 months to sell?

 

Thanks for reading

 

Squashy

[Ell-enn]

Hi Squash - they say that the amount you are offering is not enough to reduce the amount owing ??? the point we are trying to make to them (and the court) is that the amount they say is owing is inflated due to them adding the arrears charges to the missed payments amount.

 

No doubt they have got in touch with you asking you to call them urgently as they won't want the figure disputed in court!

 

You will be able to show the judge that you have queried the arrears figure, asked for a breakdown of the amount and you are still awaiting receipt.

 

We have asked the court to take into account the Norgan case law which gives the judge the power to order payment towards the arrears over the remaining term of the mortgage if necessary. You have explained the arrears were caused by your husband's redundancy and difficulty in getting another job. Also, you have been making payments in line with what you offered them in your letter.

 

If I were you, I would let the judge decide on the amount you pay towards the arrears each month - if he can see that the £200 per month they asked for is too much he will reduce it to what you can afford.

 

You can also tell the judge on Monday that they have offered to capitalise the arrears in a telephone call.

[squash72]

Hi Ell-enn,

 

You are such a star - my husband is in awe of you!!

 

64 hours to go and counting til we will know exactly where our lives will be!

 

Received our quarterly mortgage statement today charges totalling £345 since March - no response with regard to a breakdown tho.!

 

We decided tho that, if the house is taken - we will be filing for bankrupcy.

 

Might as well go the full mile with them all!!

 

Heres to hoping for the day when it will all change!!

 

Squashy

[Ell-enn]

You're being very brave in what I know must be a very stressful situation - try to stay positive though, if you have enough income now to pay something towards the arrears each month you won't lose your home. The judge won't like the fact that the arrears amount they are claiming is not the true figure!

 

If you don't get a statement of arrears in the post tomorrow we'll do an up to date statement for you to take to court and give to the judge - using the letter you have received just showing the latest charges!

 

Ellx

[Andrew66]

Capstone told me they wouldn't re-do the arrangement on my mortgage, I'm paying £510 + £130. The £510 isn't a problem so I offered them an extra £50, they said no more arrangements as I've broken seven so far. I can only recall two. Surely a judge would'nt order a repo if I paid something extra on top?

[Andrew66]

Just re-read your arrears and charges part, if you read my thread you'll see I've pursued them about this. I've got about £2300 of charges which they lump together with the arrears, shouldn't be allowed.

[Ell-enn]

It isn't allowed Andrew - if you're taken to court for arrears on your mortgage they can only claim the amount of missed installments NOT the charges. You cannot be in arrears with charges.

 

This is why I advise people to write and ask for a complete breakdown of the arrears and charges before going to court so they can show the judge that the amount the lender is claiming is not the true arrears figure.

[squash72]

Hi Ell-enn,

 

I sent the letter to request a breakdown in charges to SPML 1st class recorded on the 5th - Reliable Royal Mail website states

 

"Item DW526765217GB has been accepted at our Main Road branch on 05/06/09"

 

Great, now we do not have an acceptance signature with regard to the breakdown request. - Royal Mail make me so mad.

 

I will visit the post office tomorrow morning - requesting an answer as to why? - mmmm something else to deal with

 

We have rec'd a mortgage statement for the last quarter on Thursday confirming £345 of charges for the last quarter - and it is inclueded in the balance.

 

AND of all things we rec'd yesterday another letter from SPML advising us that our mortgage amount is changing to £445 !!! (if not too late!!)

 

Heres to the Judge letting us stay and also to adding the arrears to the end of the mortgage

 

Would it be ok to mention that we would be paying off £155 off the arrears now, but as £115 is being added each month in charges, it would take us 16 years to pay off the arrears at £40 a month.

 

Ell-enn, sorry to ask but could you help me do an up to date statement for the court - if you have time please,

 

Many thanks again

 

Squashy

 

PS Andrew66 - cheers for that I will have a read - doesn't it just annoy you so that we pay SPML anything and they are earning from us - I would sooooooooo love to change mortgage company - that will not happen for a long time for us!!

[Ell-enn]

Hi Squashy, I'll do you an up to date statement later today.

 

Just one point, the £115 they are charging you does not come off the amount you are paying towards the arrears each month - it is added to the outstanding balance of the mortgage - so whatever you are paying reduces the arrears! We will make that point in your statement.

 

You will need a copy of the letter you sent and a print out of the Royalmail delivery status, also a copy of the letter stating your payment has reduced.

 

How much are they claiming the arrears are? and how much are they actually without the charges?

 

Stay positive - you'll be OK.

 

Back shortly.

 

Ell

[Andrew66]

Hi Squash, yes I'd love to change to another provider, fat chance though. Our house has been up for sale for a year and we are finally getting some viewings. However when I told Crapstone this they said unless there was a definite offer and acceptance they would still repossess. What lovely people they are.

[squash72]

Hi Ell-enn

 

Thanks again,

 

They stated on the last mortgage statement (11.03.09 - 11.06.09)charges = £345

 

I have calculated that since 1-1-08 to date

Litigation Fees - £790

 

Legal costs £700.25

 

Arrears Management Fee - £250

 

I take it we are paying interest on all of these charges aswell:mad:

 

How far do I go back re calculating fees tho?

 

As it stands to date they say our arrears are £8,040.

 

Andrew66 - they are lovely - I could not do a job like that, knowing that some people do not need to be evicted -jobsworth- especially the poor souls who are not aware of CAG and the help they could get!

 

Squashy

[Ell-enn]

Hi Squash, just cooking dinner - I've done the statement, back shortly:)

[squash72]

Ell-enn,

 

oooo - smells lovely - any left for me?!?!?!

 

Thank you. - just returned from swimming - de-stressing -or trying to forget?!

 

12 hours to go and it will all be over - lets keep everything crossed.

 

I haven't got a confirmed signature that SPML have rec'd the request for breakdown - all the web site states is

 

"Item DW526765217GB has been accepted at our Main Road branch on 05/06/09"

 

We are going there tomorrow first thing to find out what is going on - it looks like it has never left the post office I sent it from:mad: on 5th June.

 

So nervous now - I have actually recorded a log of when docs sent/rec'd calls etc -

 

I just want it over with now!

 

Squashy

[Ell-enn]

Good Luck for tomorrow - let us know the result as soon as you can.

 

Stay positive

[squash72]

Hi Ell-enn,

 

Of course I will - thank you.

 

Sorry to ask this of you so late - what part of the statement should I adjust - just the figures - due to lack of breakdown of arrears figures and the charges?

 

Squashy

[Ell-enn]

Any news from the hearing today?

[Crapstone]

I wish I'd have read this thread earlier..double darn it..If anyone spots a thread on SPML or Capstone please draw it my attention as I've been through the mill with these numpties.

 

Squash72, please post as even if they have been granted the eviction it's still not too late to do something. If I had my way a couple of things come to mind of what I'd like to do to them...GRRRRRRRRR.

[squash72]

Hi,

 

Sorry didn't reply yesterday - only just got our internet back today!!

 

Right basically the case has been adjourned!! for 28 days.

 

Their solicitor didn't have any figures or notes whatsoever!!!

 

He was at the court waiting for the details to be faxed through - he sat with us and asked us about the figures involved then called Glenisters to confirm. (He was obviously a local solictor, Glenisters contracted out to)

 

Once in there, the judge wasn't impressed as he wanted to call the hearing and couldn't due to no papers rec'd by the solicitor!

 

Once under way, we told him SPML have given us an option of capitalising last week - he grilled the solicitor - saying why have your clients told you to oppose this eviction, when they are given the defendants that option - he was quite annoyed at them for wasting court time!!

 

He also queried the amounts we had told him to what the solicitor obviously had been told by Glenisters.

 

The Judge said he is not allowing this eviction to go ahead, (this was the bit where I broke down crying) He will adjourn for 28 days, we are to apply to capitalise and continue to make payments as normal.

 

So good and not so good - I really wanted an end to the waiting and no more form filling - my boss has been brilliant - let me have yesterday and today off - so now we have to complete the application - which I haven't started - I am so nervous that I could write one thing wrong and that is that.

 

SPML want the last 3 months of everything and letters from our creditors agreeing reduced payment amounts are being accepted by them (ie we are paying £1.00).

 

Our problem now is that when we took the mortgage out with SPML - we were both working full time - now it is just me - I can't see that they are going to agree to £170K mortgage on one income.

 

Especially with the list of all of our creditors aswell.

 

I am happy really, but its not over yet - thanks to everyone - and if anyone has a crystal ball or any advice it would be gladly be received.

 

Squashy

 

PS Crapstone - Ditto - they do not care at all - but a little birdy at the court told me that SPML/Capstone are in trouble - ALOT of trouble!!! - hence putting the tighteners on us all!

[Ell-enn]

Oh thank goodness - I've been biting my nails!

 

I knew the judge wouldn't be pleased with them, firstly for the arrears figure being wrong and also for offering to capitalise but not cancelling the hearing.

 

As the judge said - keep making the payments, your hubby might just get a job in the meantime.

[Crapstone]

Yippeeeee..!!!(said with a bit of a tear in my eye as I know how much stress Capstone put on people)..

 

No crystal ball I'm afraid but take each step at a time and in the knowledge you have people supporting you all the way.

 

The first thing is to get all those fees taken off and get a complaint in to the FOS. Complain to Capstone first after you have managed to go through all your statements and any SAR request you have had from them. It's tedious but worth it.

 

Well done,

 

Crapstone

[squash72]

Morning,

 

Thank you, with regard to the fees - what ones are we able to get removed - if we are lucky.

 

Arrear Management Fees?

Any Litigation Management Fees?

 

I take it we have to pay their legal costs - par for the course?

 

Thanks ever so for your support

 

Squashy

[Crapstone]

Hi Squashy,

 

The Ombudsman order all my arrears management fees, failed direct debit fees and unpaid cheques fees to be refunded and warned Capstone that they would take a dim view of any added in the future.

 

You will have to pay their legal costs but ask for the invoices from the solicitors when you write to Capstone for an SAR. You also need to ask for a statement of arrears from them so you can see all the charges they have added to inflate the amount.

 

Hopefully you are feeling a bit better now and have manage to destress a little.

 

Best wishes