stefaniex and capstone

[stefaniex]

hi all

got to the court about 20 mins early , the solicitor for capstone arrived at about 2 mins before we were called in soaking wet and very unorganised.

the judge asked her first and she said they wanted to evict ,the judge asked when last payment was made and she couldnt find her paperwork so asked for a 5 min adjournment ,the judge was clearly not happy but gave her 5 mins .. when we went back in i told the judge i had an up to date statement and handed it to him with the receipts for the 3500 paid in the last few weeks .He straight away noticed the 115 litigation fees that ell had told me to circle and questioned the solicitor about this . He then asked me why i had fallen behind and i told him although we had fallen behind we were now up to date .

he then said eviction suspended and smiled at me and said i suggest you contact the fos regarding these charges as im not sure they can be justified .

He even wished me good luck .

[Ell-enn]

Glad you got a switched on judge Now you need to write to Capstone asking for the charges to be refunded - I've affixed the letter. Send by recorded delivery, if they refuse you then take it to the fos.

Mortgages Charges letter.doc

[stefaniex]

thanks ell-en i will get onto it straight away and id just like to say thanks to you for everything you truly are an angel x

[stefaniex]

oh my god ... ive just had a letter from capstones solicitors and they have gone for eviction again .. for daecember payment ,just called them and they want another bloody lump sum

they are really out to get me ...

[Ell-enn]

Hi there, what date was the payment due? Have you had the order from the court following the last hearing - it should state the due date for payment.

[stefaniex]

yes due date was for the 1 dec but i have always paid nearer to the end of the month .. i think they are out to evict me cos we won last time and cos of the charges letter

[Ell-enn]

Was 1 December on the court order ?

When did you intend to make the Dec payment?

What date is the eviction for ?

[stefaniex]

i intended to make dec payment by 28 dec no eviction date yet .. but they wont cancel it i just spoke to them ... can i put in a n244 or anything ..or just give up because

looks like they will do this every month

[Ell-enn]

Hi there, you don't need to put in an N244 until you receive an eviction notice from the court and that will take us into January I should think. Make the next payment on 28th December (and get proof of payment) - we can write a letter in the meantime asking them to accept the payment later in the month - this will help if you have to go to court again - we can ask the judge to consider this. Usually if payment is received within the month then you are technically not in arrears. I know lots of lenders who will agree to this.

 

What exactly did it say about payment date on the order you received from the court following the last hearing?

[stefaniex]

i didnt recieve anything from the court but remember the judge saying it was suspended with next payment due on the 1 dec ..

[stefaniex]

i might be wrong thinking this but isnt it worth trying to get a hearing sorted as soon as possible even b4 an eviction date

[stefaniex]

oh and on the phone she asked me to put an offer to them i said 1500 by 31 dec x

[Ell-enn]

How much are you supposed to pay each month and what did they say to your offer?

 

Even if you apply for a hearing now, you won't get one until January. The courts are closed a few days before Xmas and some don't open again until the new year. It would be better to wait until you have made another payment otherwise it will look like you haven't paid since the last hearing.

[stefaniex]

im supposed to pay 300 plus motgage payment which is 1100 in total and she said she would put the offer forward ... they declined 5000 last time so dont think they will accept this x

should i write to them or wait .. im so worried with christmas coming up i really dont need this ... the judge is going to be so against me this time

[stefaniex]

oh and i have paid 800 since the hearing ... wich was wat the judge ordered x

[Ell-enn]

Sorry Steph, I'm getting confused - why did the judge order 800 to be paid if you are supposed to pay 1100? What date was the 800 paid?

[stefaniex]

ok at the hearing the judge asked wen was the last payment made i said 2500 on the 2nd nov and am going to pay another 800 this week he said ok then said eviction suspended payment next due on the 1 dec and there solicitor said and the 800 this week and he said yes and that ..so i paid it x

[Ell-enn]

OK, so if the judge said 800 that week and next payment 1st Dec, then you are actually in breach of the court order. The best thing to do is make payment on 28th December and then apply to the court for a hearing to ask for the payment date to be changed. We can write to Capstone and their solicitors now asking for this change of date - I can draft a letter if you need me to.

[slgsue]

My experience with Capstone sounds very similar, the reason they got me to eviction stage was mainly charges due to late fees which mounted and mounted!!!! Until the 3rd time I found myself infront of a judge I had fought with them about changing the date and they always said no and like you everytime I was late with the payment another eviction notice came my way!!!!!

 

Thankfully the judge I had understood the reasons why payments were delayed (my husband gets paid on 15th of the month) and ordered that my payment date was changed according to my needs. This was 6 months ago and so far so good, things have improved. My arrears are gradually going down and no more late fees or eviction notices!!!!

 

My advice to you if you end up infront of a judge again is to explain why you need to pay at the end of the month and ask if he can order the date to be changed, in my experience Capstone/Ascenden whatever they want to be called will do anything to keep adding charges and dont like changing the date of payments!!!!!

 

I know its not a lot of comfort but all ways worth a try. Due to the change he made for my mortgage date my life and peace of mind has returned.

[stefaniex]

thanks guys .. yes i know the dec payment is late but didnt realise they would go for eviction so soon after the first .. would it be any good to write to the judge or apply to the court now b4 the end of the month?and ellen a letter would be great thanks x

Edited December 14, 2010 by stefaniex
added xtra

[Ell-enn]

It's best to write to them asking them to accept the change of payment date - I'll draft one up for you.

 

 

There really is no point in applying for a hearing yet - it would be best to wait till you have made the payment on 28th December so you can show that is the date you are able to pay. In any case you wouldn't get a hearing date before the new year.

[stefaniex]

god wat do you think my chances are ellen ..........

[slgsue]

If you can show you can and do keep up your monthly payments your chances are good. Remember judges dont want to see you out of your home and it is the last resort. If you dont mind me asking how much are your arrears and how many times have you had to endure this horrible stress? I had 5 eviction notices and appeared in court 3 times and fingers crossed it was 3rd time lucky xx

[stefaniex]

ok my arrears are really high at 19,000 but this happened a few years back wen the libor went up and morgage payments went over 2000 per month and about 6000 is charges

its my 2nd eviction notice first one was only last month x

[Ell-enn]

Letter affixed. You will need 2 copies - one for Capstone and one for their solicitors. Make sure you have the right department and address at Capstone. Send by special delivery asap (tomorrow if possible).

 

When you send a copy to their solicitors you will need a covering letter:

................................................Your Address

 

 

15th December 2010

 

Solicitors Address

 

 

Dear Sirs,

 

Re: Capstone Mortgage Account NoXXXXXXX

 

Please find affixed for your information, copy of a letter sent to Capstone regarding the above account,

 

Yours sincerely,

 

 

XXX & XXXX

 

Enc.

 

Staple the copy letter securely to the covering letter.

 

 

Make sure you keep a copy of both letters for yourself and also check on the royalmail website in a few days to print off the signature receipts - staple them to the copy letters and keep in a safe place in case we need to present them in court.

 

Ell.

Stephaniex Capstone letter Dec 10.doc