Eviction notice for 4th April acenden capstone spml mother in hospital mental breakdown

[bs0lth]

Hiya,

 

ok Ive been on the phone to mortgage company. Nightmare, Im still in shock at what I have found out and its worse than I imagined. right where do i start, I need to put this into some kind of order to sort it out in my head. and for tomorrow. Im also going to have to look at the N244 as well to see if I can incorporate some of the information into it, or at least be nmore prepared than I was.

 

Right, here goes.

 

The mortgage account has 5k of arrears, but its made up of the mortgage payment and their insurance and charges.

 

They have said that they have reduced the arrears by £1000 for insurance, which means they have taken off some of the back dated insurance payments that have been paid , however he said that the current monthly ammount included £50.20 per month for insurance payment. Now heres the thing, I have posted the documents to them 5 times and I know the insurance company has posted them... how do I know? I took the insurance out and I pay for it.. so I know its happened. I know also because I nagged my mum and heard her talk to the mortgage company about the insurance, and they said in January that they had got the documents through and would sort it out so it she wasnt paying it.

 

So next thing, there is another account, which I had no idea at all about, it is currently in arrears by £1k but this was easy to work out, there hasnt been a payment since july last year, the payments are £83 per month, and there were no arrears prior to july... so wait for it, the total arrears was £656 and the charges are £805.20 which is actually more than is owed.

 

Now this is where things are muddied.

 

The payments I made went onto the loan account that I knew nothing about, the person that gave me the details gave me that account number so that I paid it into that account, not the main mortgage account.

 

There was a payment made via bank transfer that has not hit either account, but I dont have access to my mums bank account details yet, so cant see where that has gone

 

so this is my predicament now....

 

Capstone have said that its both accounts they are taking into account for the eviction notice.

 

They also said that they cant give me the breakdown, on whats what ...

 

I also need the lay representation forms name, I have no idea what its called..

 

god Im realling from shock, I really dont know what to do...

 

can anyone give me feedback please

[bs0lth]

Hi Ell-enn

 

I actually got the fax sent through, I wish I had done it earlier rather than waste hours trawling round looking for somewhere to send it. They have it and well still walking round going OMG what the hell do I do.. I sort of understand more why my mums freaked out. How on earth has it got to this.

If you have any trouble with the fax, you can email it to me and I'll fax it for you in the morning.

[dx100uk]

right

you speak of two things here that are IMPORTANT you mention to the judge or even put down on paper.....

 

the INSURANCE, probably mis-sold PPI - that can ALL be reclaimed + the interest they have charged on it too

 

MORTGAGE CHARGES - THEY ARE UNLAWFUL, see CAGS homepage here:

http://www.consumeractiongroup.co.uk/forum/content.php?700-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

 

same with those - add the interest they have charged you.

 

dx

[bs0lth]

right

you speak of two things here that are IMPORTANT you mention to the judge or even put down on paper.....

 

the INSURANCE, probably mis-sold PPI - that can ALL be reclaimed + the interest they have charged on it too

Its not PPI I wish it was its buildings insurance, it was unasked for, not needed or anything, they just put it on, said they didnt have any notification that I had it and its a "legal" requirement to have building insurance...

 

 

MORTGAGE CHARGES - THEY ARE UNLAWFUL, see CAGS homepage here:

http://www.consumeractiongroup.co.uk/forum/content.php?700-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct

 

same with those - add the interest they have charged you.

Its not my account, so I havent had access to whats going on, its going to have to be a later date to sort that mess out, I need to get the statements etc. I will write down the charges on the second loan because I could work that one out... but the main mortgage Im stuffed with at the moment

 

 

dx

 

Thanks for your reply, if you can think of anything else can you let me know.

 

ta

 

Hol

[bs0lth]

Thanks for the link though, Im in the middle of printing out loads of it, to take with me as ammo tomorrow, Im so scared aboiut doing this but I feel more positive today than I did yesterday...

 

whoohoo

[Lea_HTH]

Hiya,

 

ok Ive been on the phone to mortgage company. Nightmare, Im still in shock at what I have found out and its worse than I imagined. right where do i start, I need to put this into some kind of order to sort it out in my head. and for tomorrow. Im also going to have to look at the N244 as well to see if I can incorporate some of the information into it, or at least be nmore prepared than I was.

 

Right, here goes.

 

The mortgage account has 5k of arrears, but its made up of the mortgage payment and their insurance and charges.

 

Deduct the charges and insurance and quote this as the figure for the arrears in any documentation you use for the courts.

 

They have said that they have reduced the arrears by £1000 for insurance, which means they have taken off some of the back dated insurance payments that have been paid , however he said that the current monthly ammount included £50.20 per month for insurance payment. Now heres the thing, I have posted the documents to them 5 times and I know the insurance company has posted them... how do I know? I took the insurance out and I pay for it.. so I know its happened. I know also because I nagged my mum and heard her talk to the mortgage company about the insurance, and they said in January that they had got the documents through and would sort it out so it she wasnt paying it.

You will require full details of any deductions they claim to have made, including any charges. Since you have a letter of authorisation from your mum to deal with her affairs, I'd suggest you send them a Subject Access Request Notice - there are templates available on the site. As you took the insurance out, you will know precisely when it started, and when the other payments should have stopped.

 

So next thing, there is another account, which I had no idea at all about, it is currently in arrears by £1k but this was easy to work out, there hasnt been a payment since july last year, the payments are £83 per month, and there were no arrears prior to july... so wait for it, the total arrears was £656 and the charges are £805.20 which is actually more than is owed.

The problem I can see with this is that no payments were made since July - and the contract probably states they are entitled to make charges - it is whether these charges are fair that is in question (they don't sound fair in relation to the amount outstanding).

 

Now this is where things are muddied.

 

The payments I made went onto the loan account that I knew nothing about, the person that gave me the details gave me that account number so that I paid it into that account, not the main mortgage account.

You can ask them to move the payments over if you wish as there was clearly no intention on your part for the money to go to a loan repayment. Is the loan a secured loan?

 

There was a payment made via bank transfer that has not hit either account, but I dont have access to my mums bank account details yet, so cant see where that has gone

Make a request to your mum's bank account for a statement - they will want to see your letter of authorisation.

 

so this is my predicament now....

 

Capstone have said that its both accounts they are taking into account for the eviction notice.

 

They also said that they cant give me the breakdown, on whats what ...

 

So the loan must be secured - Capstone have to give you the breakdown on what is owed, you have your mother's authority to act on her behalf and you cannot do that appropriately if they are withholding information. In addition they HAVE to provide you with any information which they will rely on in court - it's part of the Civil Procedure Rules.

 

I also need the lay representation forms name, I have no idea what its called..

I'm a bit unclear about what you have been told. A lay representative can only speak for the defendant if they are also present - your mother is not attending court. You are, however, acting on the authority of your mother and therefore you do not need to fill in a form (there isn't one for lay representatives anyway). The judge will already have notification that you are acting on your mother's behalf and it is at the court's discretion whether or not the judge will hear you or not (it is unlikely he won't hear you under the circumstances). You are only asking for a right of audience for this specific case, so there is no reason why you should be denied. In theory you are a 'litigation friend' and not a 'lay representative'. Don't worry about the terminology - if there is in fact a form that the court wishes you to fill in, then they will be able to provide it to you when you go there tomorrow morning.

 

god Im realling from shock, I really dont know what to do...

 

can anyone give me feedback please

You're doing really well with dealing with all this - look how much progress you have made so far! Be confident, you can definitely do this.

[Lea_HTH]

Just dawned on me that the court office may have been referring to the N235, which is a certificate of suitability to be a litigation friend.

 

Whichever way the judge decides to deal with the matter I am sure the eviction will be stayed at the hearing and you will have the opportunity to try to resolve the issue. At that point I would suggest you instruct a solicitor on behalf of your mum (she's almost certainly entitled to legal aid), and allow a proper defence to be drawn up - sounds to me like she has a good defence related to her bi-polar disorder.

Edited March 31, 2011 by Lea_HTH
added a bit more

[bs0lth]

Deduct the charges and insurance and quote this as the figure for the arrears in any documentation you use for the courts.

 

You will require full details of any deductions they claim to have made, including any charges. Since you have a letter of authorisation from your mum to deal with her affairs, I'd suggest you send them a Subject Access Request Notice - there are templates available on the site. As you took the insurance out, you will know precisely when it started, and when the other payments should have stopped.

Things changed this time when I phones, I was pretty calm and well asked loads of stuff, I asked if they could give me a full breakdown of the 5k charges and they said that I would get it tomorrow at the hearing if there is a hearing and they couldnt see it happening. I said that I thought there would be because of the state my mum is in and I said tthat I would take my chances. I have thought about a SAR as soon as they said they couldnt help me with the breakdown. I really want to see exactly whats been charged to see if we can get rid of some of the arrears. The insurance has been going for two years in September, but they only started to charge it in October as they said that the house was not insured. and this was after they had been sent all of the details. I actually had it arranged before the end of the other one finished so that they couldnt try to add it onto the mortgage. but mainly because they are charging £50 per month and I got contents and buildings insurance for £23 per month.. huge difference.

The problem I can see with this is that no payments were made since July - and the contract probably states they are entitled to make charges - it is whether these charges are fair that is in question (they don't sound fair in relation to the amount outstanding).

I totally agree with you there, the actual figures now are there is £1020 is what they are saying are arrears, but £805 of that are charges which means there is now £215 in arrears on that account, I could actually pay that off over this month..

 

 

You can ask them to move the payments over if you wish as there was clearly no intention on your part for the money to go to a loan repayment. Is the loan a secured loan?

It is secured on the house, which came as a shock, however, I need to know how much that account has accrued in charges, I honestly dont know how long its been since it was taken out or anything. i really didnt know about it. because I could have kept that one straight if I had

 

 

Make a request to your mum's bank account for a statement - they will want to see your letter of authorisation.

you will never believe how happy i am that I now have a letter to try to sort out all of this, I will try to get to the bank before I go to the court, its just up the road.

 

 

 

 

So the loan must be secured - Capstone have to give you the breakdown on what is owed, you have your mother's authority to act on her behalf and you cannot do that appropriately if they are withholding information. In addition they HAVE to provide you with any information which they will rely on in court - it's part of the Civil Procedure Rules.

The guy on the phone today said that I would get a copy tomorrow and they couldnt get it to me before hand today.

 

 

I'm a bit unclear about what you have been told. A lay representative can only speak for the defendant if they are also present - your mother is not attending court. You are, however, acting on the authority of your mother and therefore you do not need to fill in a form (there isn't one for lay representatives anyway). The judge will already have notification that you are acting on your mother's behalf and it is at the court's discretion whether or not the judge will hear you or not (it is unlikely he won't hear you under the circumstances). You are only asking for a right of audience for this specific case, so there is no reason why you should be denied. In theory you are a 'litigation friend' and not a 'lay representative'. Don't worry about the terminology - if there is in fact a form that the court wishes you to fill in, then they will be able to provide it to you when you go there tomorrow morning.

I will clarify it at the court tomorrow and fill out what anything I need to

 

 

You're doing really well with dealing with all this - look how much progress you have made so far! Be confident, you can definitely do this.

I feel like a I have learned so much over the last two days, but to be honest I still feel totally inadequate to try to deal with all of this, I have a letter of authority for my Aunt as well, and I think that she is going to come in with me.

 

 

Thank you so much for your comments, i need to get the figures onto some sort of order or paper so that they can be looked at rather than in my head and scribbled down.

 

thank you so much again

[bs0lth]

Deduct the charges and insurance and quote this as the figure for the arrears in any documentation you use for the courts.

 

You will require full details of any deductions they claim to have made, including any charges. Since you have a letter of authorisation from your mum to deal with her affairs, I'd suggest you send them a Subject Access Request Notice - there are templates available on the site. As you took the insurance out, you will know precisely when it started, and when the other payments should have stopped.

 

The problem I can see with this is that no payments were made since July - and the contract probably states they are entitled to make charges - it is whether these charges are fair that is in question (they don't sound fair in relation to the amount outstanding).

 

You can ask them to move the payments over if you wish as there was clearly no intention on your part for the money to go to a loan repayment. Is the loan a secured loan?

 

Make a request to your mum's bank account for a statement - they will want to see your letter of authorisation.

 

 

 

So the loan must be secured - Capstone have to give you the breakdown on what is owed, you have your mother's authority to act on her behalf and you cannot do that appropriately if they are withholding information. In addition they HAVE to provide you with any information which they will rely on in court - it's part of the Civil Procedure Rules.

 

I'm a bit unclear about what you have been told. A lay representative can only speak for the defendant if they are also present - your mother is not attending court. You are, however, acting on the authority of your mother and therefore you do not need to fill in a form (there isn't one for lay representatives anyway). The judge will already have notification that you are acting on your mother's behalf and it is at the court's discretion whether or not the judge will hear you or not (it is unlikely he won't hear you under the circumstances). You are only asking for a right of audience for this specific case, so there is no reason why you should be denied. In theory you are a 'litigation friend' and not a 'lay representative'. Don't worry about the terminology - if there is in fact a form that the court wishes you to fill in, then they will be able to provide it to you when you go there tomorrow morning.

 

You're doing really well with dealing with all this - look how much progress you have made so far! Be confident, you can definitely do this.

 

Just dawned on me that the court office may have been referring to the N235, which is a certificate of suitability to be a litigation friend.

 

Whichever way the judge decides to deal with the matter I am sure the eviction will be stayed at the hearing and you will have the opportunity to try to resolve the issue. At that point I would suggest you instruct a solicitor on behalf of your mum (she's almost certainly entitled to legal aid), and allow a proper defence to be drawn up - sounds to me like she has a good defence related to her bi-polar disorder.

 

I will make sure at the court tomorrow but I will print one out tonight and fill it in so that Im prepared.

 

You are so right about trying to get this sorted properly, Im looking at solicitors as well at the moment, I need to try to get this sorted for the short term, we have had the mortgage since 1999 which means there will be a lot of mortgage statements to go through, but if shes been charged a lot over the term of the loan then we might be able to wipe out the arrears or some of them if we can get some of the charges back. Ive got a lot of work to do over the next couple of weeks.

 

its a nightmare to live with someone thats a manic depressive, there has only been the two of us for the last 15yrs, and I thought we were pretty close, but she just has bottled it all up and tried to protect me by the look of stuff. I could have helped a lot more if only I had known. Ive talked it through with my Aunt as well and shes been as supprised as I have at this turn of events

 

thank you again for your comments. Im not all that clever and this is stretching me to the fullest thats why I want my Aunt to come with me.

[dx100uk]

listen

you have done fantastic here

you have everything now going for you to get this held up and i think p'haps hit back in a very strong way.

 

don't be too worried about going to court

its not that diff atall.

its not a court room, its just a few of you around a table.

 

you wont be out of your depth either..i've a funny feeling the DJ is going to be none to happy with what these leechers have been upto and will issue a stern warning for them to co-op with you and sort it all out.

 

but you MUST even in the most basic format ENSURE you make the DJ aware of the charges and mis-sold insurance [it's mis-sold because they did it without offering you an alternate etc etc - it almost sound like they did it themselves because 'you must have it by our rules - bunkum!!]

 

pers i think the DJ will just throw the whole thing out solely upon the disgusting way they have treated a vunerable and seriously ill person.

 

good luck

 

if you need help then i'll try and watch the thread during the morning incase you post via your blueberry

 

i wish you every good wish

 

dx

[dx100uk]

oh lastly just be aware........

 

there is a chance they might try to 'negotiate' with you before the hearing 'off the record'

 

it might well dawn on them they are going to be inserious do-do here with they way your mum has been treated for years.

 

and try and stop you from airing the story

i would NOT agree to anything and go in ....

 

dx

[bs0lth]

Hi D

 

thanks for your words of encouragement, believe it or not I have more confidence than I did yesterday, this time last night I was still in a really bad state, if it all goes pear shaped tomorrow its not for the lack of trying. No matter what happens tomorrow Im going down fighting. I just wish I knew, a lot of this could have been avoided, I do have a job and have been giving my mum money towards the mortgage, I just hadnt realised that she hadnt enough. I was under the assumption that the DWP paid the interest on the mortgage. However Ive learned today that they reduced the payments, and Ive read a bit on here about, they halved the interest rate they paid, which means that the payment she was getting was halved which means she didnt have enough to pay.. god nightmare.

 

I keep going through all of the forms etc at the moment to make sure I havent forgotten anything, I dont know if the wording is right but at the moment its the best I can do. I dont have that sort of brain, I work in a shop for gods sake..

 

The good side of this is... tonight I might actually sleep, and Ive eaten properly tonight the first time in two weeks so its got to be good

 

I will keep checking on my phone as well and post updates as I know them.

 

thanks again

 

Hol

[bs0lth]

oh lastly just be aware........

 

there is a chance they might try to 'negotiate' with you before the hearing 'off the record'

 

it might well dawn on them they are going to be inserious do-do here with they way your mum has been treated for years.

 

and try and stop you from airing the story

i would NOT agree to anything and go in ....

 

dx

 

Im going in tomorrow no matter what, I want it to be heard in front of a judge, because all I have had for the last three months is..

 

There is nothing at all we can do to help you....

[bs0lth]

Right last post before Im going to bed.

 

I have put in an additional statement, with the insurance, and the fact that she was not given a choice, and it was just added onto the mortgages monthly payment, Ive checked and double checked everything and I cant think of anything else Ive missed, so Im just going to let it go for now. I will go through them one more time in the morning to see if Ive missed anything obvious.

 

Ive printed out the cert of suitabillity for a litigation friend and filled it in just in case I need it.

 

the only thing Im concerned about is will I need a budget expenditure form for me?

 

thanks again...

 

Hol

[dx100uk]

pers i so notthink not having one, what with al that is going on and what will be revealled will be an issue.

 

dx

[Ell-enn]

I couldn't get online yesterday evening but I want to wish you Good luck for this morning, I will be thinking about you. You've worked your socks off for the last few days sorting this out and you should be proud of yourself.

 

Leah has given you some fantastic advice and loads of relevant information - you should have no problem getting the eviction stopped.

 

Stay positive

[bs0lth]

Hi Ell-enn

 

just a fast update, Im waiting for the hearing time..

 

I found this morning some of the files from the original repo hearing, Ive gone through them and pulled some information out from their solicitors

 

up to 2009 there were £2280 worth of charges on the arrears, I have no idea if there have been any more added to it from that day, but Ive pulled all of them off put them onto a spreadsheet and printed it off to go with the stuff, its rushed, but I had no idea, I have the original copy to take with me as well. Im going to see what the judge says. Mind you that halfs the arrears so for and if there are another 18 months of £115 per month that could in theory be another 1800 off the arrears which means I think us just about clear, there is nearly £1200 of insurance thats been added as well that wasnt needed as we are insured else where and I though that had been taken off... but the mortgage company said last night that the insurance payment was still on the mortgage. they said there was a back log in that dept and it would be sorted out....

 

so.. 2280 + 1200 = 3480 take that away from the 5000 outstanding and its not as bad as it looks at first.

 

god Im nervious...

[bs0lth]

Well I am still waiting to get my litigation friend application passed. it was rushed up to the judge to pass it but it hasnt come back yet. its been lunch time so im sitting in the pub next door drinking coffee. which would be nice but im worried sick.

 

it all looks good though. the girl on the desk looked amazed at all of the info i handed her...

 

im busy reading some of the stuff i pulled of the web last night...mainly to stop fretting.

 

i hope it will be heard today been here hours now but the court closes at 4

 

i will keep you updated in a little while

[Ell-enn]

Hi there, stay positive - it will soon be over

[bs0lth]

Well it must be POETS day today, cos Ive been told that the hearing is set for 10am on Monday morning... its cutting it fine I can see them being here at 12 to chuck me out...

 

Right all the hanging round was positive, I filled in a friends form so i could go in front of the judge and represent my Mum, so thats been up after lunch., and they have passed it, so one step at a time.

 

I want to phone capstone now and get them to tell me all the fees that have been levied on the account since 09 to see if there is any more I can add to the lilst I all ready have.

 

is there anything else I need to do now..

[Lea_HTH]

Well it must be POETS day today, cos Ive been told that the hearing is set for 10am on Monday morning... its cutting it fine I can see them being here at 12 to chuck me out...

 

Right all the hanging round was positive, I filled in a friends form so i could go in front of the judge and represent my Mum, so thats been up after lunch., and they have passed it, so one step at a time.

 

I want to phone capstone now and get them to tell me all the fees that have been levied on the account since 09 to see if there is any more I can add to the lilst I all ready have.

 

is there anything else I need to do now..

 

Only just been able to get onto your thread and read your updates. You've achieved so much and I am sure when you go to the hearing on Monday morning that the judge is going to stay the eviction and allow you time to get a solicitor to file a proper defence.

 

You should request all the statements by SAR notice - it is doubtful that Capstones will supply you with these before Monday - but Monday is an application to stay the eviction, not a hearing to discuss everything - it'll be listed for 5 minutes and will be over before you know it. But you will need to gather all the information for when you go to see a solicitor.

 

Given your circumstances and the situation as it stands I cannot imagine that a stay will not be granted - it is not in the interests of justice for your mum to be evicted when she is currently unable to defend herself. I know it's extremely difficult, but try hard not to worry.

 

Well done for getting this far - and don't put yourself down, you're obviously very bright otherwise you wouldn't be able to do all of this.

[bs0lth]

Its getting better,

just had a call from capstone to say the eviction is cancelled...

 

will the hearing still go ahead?

[bs0lth]

right I want to swear now,...Flipping flipping capstone... what a bunch of EDIT I cant believe it... OHG!!!!

 

Ok, I posted the last post while I was on hold, but what an evil bunch of whatevers.

 

they told me that the eviction has been cancelled... This was of course after I did all of the work and submitted everything to the court today.

 

Total Charges lumped in with the arrears is.. wait for it £2515

Insurance so far this year that they are now saying they have proof of my insurance is... £400 paid

They dont have documentation for last years insurance, I need to try to get a hold of that now cos god knows where Mums put that.. so thats 12 payments of £50.77 which if my maths is right £608.24 to come off the arrears.. so the amount of actually arrears is £1490 which is a hell of a lot less than £5k The actually arrears on the loan account is £280 instead of £1020 so somewhere along the line they are trying to EDIT us.. and I use us now cos this is personal now.. very very personal.

 

I might just be able to do something about clearing the arrears off over the next couple of months totally, but I refuse to pay for insurance that Ive all ready paid for and the horrendeous charges...

Edited April 2, 2011 by caro
removing potentially defamatory remarks

[bs0lth]

Ive been thininking my next line of action..

 

I will SAR them, I have statements and payments etc from the last hearing, which is a god send, I was looking for something else this morning and found a file with it all in, which means that I have the info I need, Capstone have said that there were no charges at all levied on the account since november 2009 no litigation fees or anything at all, I still need the proof of that but to be honest, I know the mortgage has been paid each month until Jan this year when every thing went pair shaped and I tried to sort that out before it got this far.

 

Now Im confused, I have the hearing date on Monday, do I still go? I cant believe the call came after I spent the whole day in the Court,

 

And the arrears, do I try to pay off what I think is the arrears owed and fight them for the rest?

 

my heads bursting now...

 

But I am going to get a coffee... and not worry that the house will be repossessed on monday morning...

[bs0lth]

Hi Everyone,

 

Well I just love capstone... NOT! they must be the most incompetent money grabbing bottom feeders in the universe

 

I contacted my insurance company, and they said no problem emailed me last years docs and I faxed them to capstone.

 

Ive now been back on the phone to them to be told that...

 

they had the papers and the system was updated and the insurannce payments were refunded to my account... (off the arrears) in november last year.

 

dont believe them

 

 

But what they have said is in September 2010 I they put the house on their insurance because I didnt have a policy in place, or they hadnt recieved the documents or some such, I know they were faxed the info in September, October, November and December by the insurance company because I asked them to do it, they are saying they have only just recieved the documents this week...

 

They are now saying that to cancel their insurance that I didnt ask for, and had other insurance in place incurs a cancellation fee of £50

 

can this be right... Ive just lost it on the phone