stefaniex and capstone

[stefaniex]

hello im new to this site but have spent the last 3 hours reading through posts and i have finally plucked up the courage to ask for youre advice .

In november we got a suspended order on our house paying the monthly payment plus 300 on top . we have stuggled to pay this and are currently feb and march payments in arrears . Capstone called me today and said if feb payment is not paid by thursday they will start eviction proceedings . i am going to send feb payment tommorow and march payment by the end of the month.the problem is 2 things i have stupidly posted cheques to them in the past (when they have called )knowing they would not get paid and then resending them a week later to buy some time .

and the other problem is the charges that are being added to the arrears the arrears stand at 18,000 i know its a lot but payments went up to 2000 per month but are back down to 800 now .the charges are alot in the last months about 1800 as we have been to court a few times and been in arrears a few years im sure that the charges are very high but how can i find out how much is arrears and how much charges.i know that we can maintain payments

but maybe not on the first of each month like they are trying to force us into doing .sorry for the long winded post .x

[jaxads]

Hi and welcome to CAG. Well done on posting - it's scarey at first but you'll find that we're all a helpful bunch and will help and advise as much as possible!!!

 

Firstly you need to request a full statement of account from Capstone, then you can see exactly what they are charging you and whether it is being added onto the arrears (it should not be!).

 

In the meantime try and make the payments as you've said (try not to send payments that will bounce as whilst it may buy you a little time, it will also not look good on your payment record and you will incur charges for returned payments from both Capstone and your bank).

 

What do Capstone charge each month for arrears? I know that GMAC have been forced to repay back 100000s in charges recently. Perhaps once you get the house "safe" again you can look into the charging structure with a view to reclaiming some charges.

 

Post back when you've any updates and peeps on here will advise accordingly.

 

Best wishes and stay strong x

[stefaniex]

capstone are charging 115 per month in charges x

[Ell-enn]

Hi Stefanie, as Jaxads says, you will get plenty of help and advice here for your situation.

 

You say you are struggling to pay the extra £300 per month towards the arrears - was this what you offered Capstone when they issued the claim for possession? or did they tell you that was what they wanted each month?

 

Did you attend the repossession hearing?

 

Sorry for all the questions, but it will help me to work out the best thing for you to do.

[stefaniex]

capstone wanted 500 per month but the duty solicitor helped us getting it down to 300 x

we can maintain payments going forward but not on the first of each month x

[Ell-enn]

OK, I think you need to write to Capstone asking them to change the payment date in order to help you manage the arrears. If they do take further action you will be able to show the court you asked them to do this and it will help your defence.

 

If you need help with the letter please let me know and I'll happily draft one for you.

 

Ell

[stefaniex]

thank you ellen , a letter would be a great help as i tend to babble on ,also wat shall i ask for about the charges .

[Ell-enn]

We will ask for an up to date statement in the letter, and when you get that we can tackle the issue of the charges.

 

I'll affix a letter shortly.

[stefaniex]

thank you x should i send the letter straight away or wait until my payments are up to date ,by the end of this week ill only have march payment outstanding x

[Ell-enn]

Letter affixed. Make sure you send by recorded delivery, keep a copy of the letter for yourself. Also keep the postal receipt safe and check on the royalmail website in a few days to print off the signature receipt - you should then staple that to your copy of the letter - you may need to prove they received it and also, if they take further action you can show the court you have asked for their help.

Stefaniex letter 16 March 2010.doc

[stefaniex]

thank you ellen i will post it tommorrow with the cheque for feb payment and letter asking about the charges .x

[stefaniex]

sorry ellen 1 more question ,i want to find out about charges for the whole time of the mortgage shall i just ask for a statement from the begining x

[Ell-enn]

Oooh sorry - forgot to put in the bit about asking for a statement (best just to ask for a statement at the moment so we can see the charges, before making a complaint about them )

 

Affixed is the amended letter.

Stefaniex letter 16 March 2010.doc

[stefaniex]

thank you ,i will keep you updated x

[stefaniex]

hi all,just to update you i have posted off februarys payment today recorded delivery ,and also sent the letter ellen so kindly drafted. i have been looking at previous statements and it seems that we are being charged 115 each month in litigation fees which ARE being added to the arrears balance .being as we have been in litigation for well over a year ,that plus court costs is a lot of money added onto our arrears .

[stefaniex]

hi all im afraid i need your expert help yet again x

in november last year capstone got a sus repo order against me . monthly payment plus 300 ,although payments have been somewat erratic i have kept to them until now .

i am currently 1300 behind on court order and julys payment is due on the 10th

had a call this afternoon from capstone . i explained the reason for the late payments and she said although she understood there was nothing she could do and i was given until monday 5 oclock to make the payment or they would start the eviction .

i have paid 300 per month on top of my mortgage payment but with all the charges added to the arrears they are not coming down . i can pay most of it on monday but need a few weeks to get it sorted x

any help would be much appreciated x

[Ell-enn]

The charges shouldn't be added to the arrears how much are they saying the arrears are ?

 

What was the reason for missing the payments?

[stefaniex]

the arrears were high when we went to court in november almost 20 thosand pounds ,the reason it was so high is because the mmp went up from about 800 to 1800 per month ,anyway the judge agreed to thre suspended repo .but the arears have not gone down as they are charging me 115 every month for paying after the 15 th .

in the last 3 months 345 has been added to the arrears and as i have always paid late (im talking at least 3 years i can imagine how much of the 20,000 is charges .on the phone today she told me i was 23 months behind when i told her the payments were missed when the mmp was 1800 and how much of it is charges she said she calculated it on the payments due now and they were allowed to add charges to the arrears .

the reason for missing junes payment is we are self employed with a dry cleaners shop and our machine broke don it cost us 1275 to fix and a weeks loss of takings x i have the receipt from the company who fixed the machine and offered to fax it over .but no joy x

[Ell-enn]

Did you bring up the issue of the charges at the hearing when you possession suspended?

[stefaniex]

no i didnt realise it at the time its only recently reading all the posts on here that ive realised it is not allowed

[Ell-enn]

You need to write to them explaining why the payments were missed and asking for the charges to be refunded. If you have to go back to court to defend possession then you can show the judge you have tried to come to an arrangement to pay and also have a complaint about the charges. You could also ask them to change the payment date to help you.

 

If you don't get a positive response you can then go to the FOS for them to intervene on your behalf re the charges.

 

If you need help with the letter, let me know.

[stefaniex]

oh yes please ellen help with a letter would be wonderful x

last month i did write to them asking about the charges and to change the payment date and got a call from them saying they couldnt do that and if i wanted a breakdown of payments i would have to pay 35 pouni was going to borrow some money on monday and pay as much as i could but it wont be the full 1300 they want x

[Ell-enn]

Ok, I'll draft one up over the weekend

[stefaniex]

thank you x

[stefaniex]

ellen just a reminder about the letter x thanks