stefaniex and capstone

[stefaniex]

i cant see them agreeing ... they didnt on the phone why would they cos i put it in writing ......sorry im being pessimistic x

[Ell-enn]

I understand it's very stressful for you at the moment. While you are waiting to see what they do next you are bound to be thinking of all the things that can go wrong - that is why they keep you hanging on for their decision or refuse your offer - it's to make you panic and ring them up to offer more money - which you haven't got !

 

If they do ring you and ask for more money than you have offered, tell them you have taken advice and believe the judge will order in your favour.

[slgsue]

Hi just been reading your thread and I am another of Capstones many victims! What is the reason behind paying late, is that due to when you get paid. The reason I ask is that I was in the same boat and the judge very kindly informed their solicitor (who by the grace of god was lovely) that he was enforcing his power for Capstone to change my payment date to the day after my hubby gets paid so no more charges could be added so long as I dont mess up with my payments. I love phoning them with my payment and when they ask if I can pay on the 1st telling them that so long as I comply with the judges instructions on the court order there is nothing they can do. It sounds silly but puts you in a position of power and they hate it

[stefaniex]

hi slgsue .the reason we pay late in the month is because our contract work gets paid around the 23 of the month .. reaon for missed payments earlier thread ..............

and guess who called me again today yep capstone ,although they had not recieved my letter yet they phoned to see if i had thought about paying a bigger lump sum ..i said a letter is on its way to you with a budget sheet .......and i said if you refuse that offer i have been advised to go in front of a judge .. she said if my offer wasnt higher than the last one they would decline it and as this was my 2nd eviction .... WHAT ....... THIS IS MY FIRST . the judge would probably let the eviction stand .... she was really nice and thanked me for my time .

what are they playing at ?

[Andrew66]

Apparently judges hate these fees being added on.

[slgsue]

They are such s**tes!!! I am in a new argument myself, made my payment on 18 Oct actually slightly more only by a few pence but every little helps so they say. Well on Saturday what lands on my doorstep but a letter telling me I havent paid and am being charged £115 for breaching!!!! Have spoken to them and they said it was their error and it was because though they can see my payment it has not been linked to my account conveniently, when asked why they couldnt answer, what a surprise!!!!!! I have asked for them to confirm in writing when the funds have been credited to my account and that no charges would be added, I am now in the process of sending them a strongly worded letter to that affect! Dont let them get to you, keep strong, and more importantly keep to your guns x

[sillygirl1]

Now you do a 7 day notice of legal action against them to get that £115 taken off your account and all other amounts they may have charged.

 

Play them at their own game.

[stefaniex]

hi ..... thanks for the support guys it really helps ,no call from capstone regarding the letter so i think a few more days and i need to get the n244 submitted x

somethings not quite right with there figures though they are saying i owe more than i should!

[stefaniex]

hi still nothing from capstone ............. im getting worried

[stefaniex]

hi all capstone just called ........... offer declined x

[stefaniex]

hi ellen i know youre really busy ..... any chance of some help with the n244 x

[Ell-enn]

Hi there, I have drafted a statement for Q10 of the N244 form and it is affixed. You will have to enter the info where there are XXX's at the top (remove theXX's) - the info will be on the eviction notice.

 

Take a photocopy of the bill for the repair to your equipment and write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

Do the same on the copy of the letter you sent them - it will be Appendix 2, and also the budget sheet which will be Appendix 3.

 

I have also affixed a N244 form and these are the instructions for completing it:

 

1. Your names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except We Believe

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

Now assemble as follows:

 

N244

Statement

Appendix 1 - repair bill

Appendix 2 - copy of the letter

Appendix 3 - budget sheet.

 

This forms your pack for court and you need to staple it securely together. Take a photocopy of it all before taking it to the court so you have a copy for yourselves to refer to in the hearing.

 

You will need to pay a fee of £35 when you take the form into court - it will need to be cash, they don't take card payments and you can't pay by cheque as they won't give you a hearing date until the cheque clears and you don't have time for that.

 

Any questions, just shout.

Stephaniex N244 statement.doc

n244_0400.pdf

[stefaniex]

thank you x

[stefaniex]

hi all

i have handed the forms into the court and paid the 35 pounds the lady said they will call be wed with the date for the hearing ... she said they are very busy at the moment ...... i do hope its not to near the eviction date ..wat if the judge sides with them x

[Ell-enn]

Make sure you call the court on monday and see if they have a date - if not call on tuesday - leaving it till Wednesday isn't fair on you.

[stefaniex]

ok will do .

wat do you think my chances are ell-en shall i try and raise some more cash ...... if the judge sides with them can i do anything else?

[Ell-enn]

I think it will be OK. When the judge sees you have already paid £2,000 towards the arrears it will show that you are committed to the proposal you made. When you ring the court ask if there will be any free legal advisors there on the day of your hearing - lots of courts have them these days and they can be invaluable, they can go into the hearing with you and support your case.

[stefaniex]

called the court this morning .still no date for the hearing i paid another 500 pounds today so thats 2500 in total so far but im paniking should i be looking for somewhere else to live ?

[Ell-enn]

Make sure you have proof of the £500 you paid today to take to the hearing with you. It's ridiculous that you still don't have a date for the hearing - however, I'm sure you will be ok - especially given the payments you have made recently.

[stefaniex]

hi all ..... just called the court date of hearing is monday 8 th at 10 ..........cutting it a bit fine

[stefaniex]

ok tommorows the day ... do you think its worth listing all payments made against payments due .......although i have paid over 3,000 off the arrears , according to capstone ive only paid 500 cos of all the charges x

and wat do i say if the judge goes in thier favour can i appeal?

[Ell-enn]

We have mentioned the fact that Capstone have added the charges into the arrears on your statement. The judge will take note of that.

 

Please try to stay positive, it will be OK. Judges don't take people's homes away when they have the ability to make payments.

 

If it were not to go in your favour (and that is NOT going to happen) - you should ask the judge for leave to appeal - but you won't need to

[stefaniex]

ok all set to go ... best suit on and not too nervous this morning thanks ell for your help and ill keep you informed x

[stefaniex]

SUSPENDED..................... will post all details later ELL-EN THANK YOU X

[Ell-enn]

Great news - well done !