capstones warrant of possession

[littledotty27]

Got a warrant of possession for 6th Aug,need help filling in N244. Been paying cmi + 200 extra every month since last june. Court order was to pay solicitors as they refused to accept payment.

Solicitors accepted payment up till march this year. Rang courts who asked me to put it in writing,did this & have been chasing courts up ever since,they still say they havn't received my letters,i've sent 4.

 

Tried sending payments to solicitors & it has been returned.

Because they wouldn't accept our payment,the money has been put into a high interest account.

The solicitor sent a letter stating it was closing the file,as it was no longer doing business with London Mortgage Company.(changed over to capstone in may).

 

The letter I got last week was from the same solicitors saying they are going for eviction. I have all letters from solicitors & capstone & they both contradict themselves.

 

Capstone have also asked me to pay monies into a different account & to make cheques payable to mortgage funding 08-1 plc c/o Wilmington trust.

 

I need to defend my case of why the money hasn't been paid,the excessive charges & as to why I have been asked to pay into a company that doesn't own my mortgage. Any help please to fill N244 in.

[dx100uk]

you might find some help in the legal forum too

 

dx

[DOTCOM]

LittleDotty pm Ell-enn she is fantastic and will give you all the help you need - good luck with these terrible people.

[Ell-enn]

Hi there, I can help you with your N244. You need a statement for Q10 detailing everything you have put in your first post (I can draft that for you if you need me to).

 

A few questions first:

 

Is the mortgage in joint names?

Do you have any children?

Do you have a statement showing all the payments you have made since last June (this will help to show the judge you are committed to the order).

Can you get a statement from the account you have put the missing payment money into?

 

How much are the arrears they are claiming - are there any charges included in the amount?

[littledotty27]

Hi Ell-enn

 

That would be good if you could as i'm not very good at drafting letters together.

 

Yes the mortgage is in joint names,we have 2 children under 16,we have a statement showing payment since june.

We can get a statement but as it is a high interest account it will take a while to get as I have to request it in writing.

The arrears are £20k & charges included.

I have done an excel spreadsheet,showing all instalments due from start of mortgage to date & all payents made over the same period & the figures don't add up. I've taken the payments made against instalments due, which gives me a realistic figure of how much the arrears are,then I have added up all the missed payments they have put on the statement & there is a difference of £4200.

Hubby & I have been through umpteen times it still comes up with more than it should for the arrears.

[Ell-enn]

I suspect the difference is charges and legal costs from the possession hearing last June.

 

How soon can you access the money you have in the other account? I'm wondering if it might be a good idea to send a cheque for the missing payments to Capstone by special delivery with a covering letter. Capstone's argument in court will be that they have provided you with the details to make payments - although the account it is a different name it may be just a holding account for payments on Capstone mortgages. I'll try and find some info on that.

[littledotty27]

I will pm you the figures I have set out & added up.

It takes 8 weeks to retrieve monies from high interest account.

The order was to send payment to LMC solicitor,so don't want to breach the order really.

[Ell-enn]

Hmm, the problem is that when you go to court and tell the judge, I have the money but I can't access it for 8 weeks - he might not like that. It's one thing complaining you cant make payment, but if the judge is to rule in your favour he would expect the money to be available.

 

We need to work the arrears out by using the arrears figure quoted on the last court order, then deduct the payments you have made under that order. Then we show the difference Capstone is claiming.

[littledotty27]

I get what you mean,I will write today to get it released at least then it's being processed.

All I have is an email from the MRS staing we are going through it,they can't see any problems as we have done everything they usually suggest before people are accepted.

The house is on the market with 2 agents also.

[Ell-enn]

OK, well you are doing everything you can at the moment - is Capstone holding up the MRS? Can you get the council to give you a letter stating this?

 

Is there any equity in the property?

[littledotty27]

Just got letter from council in the last half hour asking them to hold off possession & how capstone have delayed the process.

 

No I havn't got the last court order i've misplaced it.

 

Yes there is equity in the property.

[Ell-enn]

OK, we'll use that in your N244.

 

I won't be able to start on your statment till tonight as I'm at work at the moment. Will be back later.

 

In the meantime I have affixed an N244 form and below are the instructions for completing it : (I will be writing the statement for Q.10)

 

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.

n244_e.pdf

[littledotty27]

Thanks Ell-enn

 

Filled out what I need too.

[Ell-enn]

OK, I'm nearly finished your statement. Can you gather together the following:

 

 

1.council letter re mortgage rescue scheme

2.letter from solicitors re not acting for Capstone any more

3.statement showing you have made payments in accordance with order 4.letter from Capstone re making payments to new company

 

 

please confirm you have the above.

[littledotty27]

Hi Ell-enn

 

Yes I have all of above, but the letter from the solicitors is that they are not acting for LMC anymore,we have just moved over from LMC to Capstone.

Edited July 21, 2010 by littledotty27

[Ell-enn]

OK we'll leave that letter out. I've finished the statement (affixed). You need to enter the info at the top where there are XXX's (remove the XXX's) use the info from the eviction warrant. When you print it out make sure your printer is set of A4 paper (not Letter size) so it all stays on one page.

 

On each of the documents you are affixing you need to write the Claim Number on the top left hand corner and the relevant Appendix number on the top right hand corner i.e.

 

Appendix 1 - council letter re mortgage rescue scheme

Appendix 2 statement showing you have made payments in accordance with order

Appendix 3 - letter from Capstone re making payments to new company

 

Then assemble as follows:

 

N244 form - signed

Statement - signed

Appendix 1

Appendix 2

Appendix 3

 

this forms your pack for court - make sure it is securely stapled together before you hand it in. You need to take a second copy of it all for yourselves to refer to in the hearing.

 

When you take it into the court they should be able to give you a date for the hearing there and then. Let us know when it is. There will be a fee of £35 to pay when you take the form in.

 

Any questions, just shout.

Littledotty N244 statement.doc

[littledotty27]

Thank you Ell-enn

I will fill it in and go to the courts this morning.

[Ell-enn]

OK, let us know when the hearing is and we can prepare for that.

[littledotty27]

Court date is 2nd Aug @ 10am

[littledotty27]

Case got adjourned yesterday on condition we pay over 3k to the **** within a week.

Lied & said they knew nothing about MRS & the letter from council was just a application & did not prove we had been accepted.

 

They wasn't for negotiating yesterday,they were just shouting breach breach & was wanting repossession there & then.

But as we had the money for the last 4 months payments & had been refused payment that is why it was adjourned along with completing the MRS.

The DJ was very biased & all for Capstone.

[Ell-enn]

Case got adjourned yesterday on condition we pay over 3k to the **** within a week.

Lied & said they knew nothing about MRS & the letter from council was just a application & did not prove we had been accepted.

 

They wasn't for negotiating yesterday,they were just shouting breach breach & was wanting repossession there & then.

But as we had the money for the last 4 months payments & had been refused payment that is why it was adjourned along with completing the MRS.

The DJ was very biased & all for Capstone

 

Well at least you've still got your home - are you going to be able to make the £3k payment to them as ordered by the judge?

 

What exactly did the judge say about the adjournement - do you have to go back to court after you have paid the £3k ? or is eviction suspended on the proviso you make that payment?