#repossessions : Acenden / Capstone Please its driving me to a break down

[Ell-enn]

Thanks for looking in on this Leah

[maye1981]

Hi thanks for your information Leah do you want me to Answer the questions or do you mean can I for the judge.

[maye1981]

I would pay the £2000 at 9 am but my friend would be doing this and he lives a few miles away. Acenden have said that they want around £7000 to cancel eviction and have said that they would call my friend for him to make payment of the £2000. But how could I prove this to the judge that it was paid as he lives to far away to print a online statement off.

[Lea_HTH]

I would pay the £2000 at 9 am but my friend would be doing this and he lives a few miles away. Acenden have said that they want around £7000 to cancel eviction and have said that they would call my friend for him to make payment of the £2000. But how could I prove this to the judge that it was paid as he lives to far away to print a online statement off.

 

Can you answer the questions please...and can you also tell me if you phoned Shelter as suggested by Ell-en and what they told you? Sorry - just realised I did read that Shelter told you another N244...

 

Ignore what Acenden are saying they want - you need to prove that what they told the previous judge were arrears are in fact made up of a) charges placed on your account whilst you were under an agreement with them and b) that a promised capitalisation of ground rent was actually simply paid and then turned into arrears. Neither of these things count as 'arrears'. If, after deducting these amounts, you are in line with your original agreement to clear your previous arrears (under the SPO), then you will be in a strong position to persuade the CJ that you should be given another chance.

 

You will be in a better position to persuade the CJ if you have a duty adviser representing you. Do you know if there are any at the court you are going to?

[maye1981]

I will shortly answer all questions but just a quick note: if I deduct charges and ground rent payment I would have no arrears currently.

[maye1981]

I have missed payments in the past but they are quoting my arrears at just over £10,000. Currently my charges I.e litigation management fees and solicitors fees ect added to the payments of ground rent totally covers my arrears figure.

[Lea_HTH]

I have missed payments in the past but they are quoting my arrears at just over £10,000. Currently my charges I.e litigation management fees and solicitors fees ect added to the payments of ground rent totally covers my arrears figure.

 

You're responsible for the solicitors fees...they normally add them to the capital, but they can expect you to pay them back once arrears are cleared too - depends on the agreement. Solicitors fees can be challenged to see if they are reasonable, but I wouldn't worry about that at this stage.

 

You need proof of what you are saying regarding the charges and the capitalisation - so find all relevant statements/documents and then add up all the figures, add up all the arrears payments you have made over the period since the SPO, and then calculate what should be left. If there is a discrepancy between the figures then YOU must show the judge how this arises and the only way to do that is with all the documentation and your own spreadsheet or precis of that information.

 

If you can show that since the SPO was granted and the agreement was entered into that you have only missed a minimal amount of payments, and that the arrears have in fact come down (minus all the charges etc), then you stand a good chance of staying the eviction.

 

But, as I stated previously, ensure that you pack up all your valuables and have your wife be prepared to leave with that stuff if the bailiffs do go ahead with the eviction whilst you are making your way back from court...they won't wait until you get there and if they evict, they will lock all your stuff inside.

 

I'm not clear on why the DJ decided to grant possession - what was his exact wording, can you recall? What proof of income did you have? Had you done an income and expenditure form? Did it show that you could afford what you were offering? Did you mention you had two small children? Did you refer to the charges and capitalisation?

 

Did you have any help at the hearing?

[Lea_HTH]

Thanks for looking in on this Leah

 

No probs Ell-enn, happy to help if I can.

[Ell-enn]

 

I'm not clear on why the DJ decided to grant possession - what was his exact wording, can you recall? What proof of income did you have? Had you done an income and expenditure form? Did it show that you could afford what you were offering? Did you mention you had two small children? Did you refer to the charges and capitalisation?

 

Did you have any help at the hearing?

 

info was in the N244 statement (post 15)

[maye1981]

Sol fees have been added to arrears. I have statements. But I have not kept the letter offering me capitalisation of ground rent. Th dj basically asked what the litigation management fee was about. The claimants rep said it was part of the contract and then I explained that I was at final stage of fos complaint. The dj said when my very first spo was inplace my areas stood at £2900 and the increase was not acceptable. He then basically said he had made a decision to dismiss my case. I pleaded about the children and he said I have made my decision and will not take personnel reasons into the case. I continued to plead and he said no please leave the room the eviction will continue.

[Lea_HTH]

info was in the N244 statement (post 15)

 

It's easier if you just answer my questions.

[Ell-enn]

That was me who posted about the info in the N244 not Maye - it was in response to your question about including an I&E and mentioning the children.

[Ell-enn]

Sol fees have been added to arrears. I have statements. But I have not kept the letter offering me capitalisation of ground rent. Th dj basically asked what the litigation management fee was about. The claimants rep said it was part of the contract and then I explained that I was at final stage of fos complaint. The dj said when my very first spo was inplace my areas stood at £2900 and the increase was not acceptable. He then basically said he had made a decision to dismiss my case. I pleaded about the children and he said I have made my decision and will not take personnel reasons into the case. I continued to plead and he said no please leave the room the eviction will continue.

 

Do the statements show the charges make up the majority of the arrears figure they claim |? Do you have any documents relating to your FOS complaint?

[Lea_HTH]

Sol fees have been added to arrears. I have statements. But I have not kept the letter offering me capitalisation of ground rent. Th dj basically asked what the litigation management fee was about. The claimants rep said it was part of the contract and then I explained that I was at final stage of fos complaint. The dj said when my very first spo was inplace my areas stood at £2900 and the increase was not acceptable. He then basically said he had made a decision to dismiss my case. I pleaded about the children and he said I have made my decision and will not take personnel reasons into the case. I continued to plead and he said no please leave the room the eviction will continue.

 

Did you not prepare a calculation of the actual arrears and the actual fees charge before the last hearing?

 

If you didn't, then you're going to have to do it now. You won't get far without it. Litigation management fees ARE part of your mortgage contract, but they cannot be stated as arrears - they're quite simply not that, they are fees being charged to you.

 

You need to follow the advice already given, do the calculations, answer the questions, find all your documentation.

 

There isn't anything further that can be done until we know the actual figures we are dealing with.

 

Can I just point out, without intending to cause any offence, that helping you relies entirely on you providing accurate information - don't leave information out, for example, if you missed six arrears payments, say so, don't say you missed three...and if you have proof of your wife's illness/operation coinciding with the missed payments, again, say so - but if not, equally, say so. You need to provide accurate information to the CJ and not try to mislead the court in any way. If you have a realistic prospect of continuing to pay the arrears then the CJ will give you another chance...but if you don't, then there'll be very little he can do to assist you further. Hence the need for written proof and a written statement of the facts and figures involved.

 

Bank statements = proof that you made payments from your bank account (or receipts if you paid by other methods)

Mortgage statements = proof of charges (you will need ALL of them going back to the date of the last hearing, it is unusual once a court order is in place for companies to continue to make management charges for accounts in arrears - late payment charges can still be made).

Statement from friend willing to pay the 2k = proof - a written and signed statement from the friend, with a copy of his/her bank account with the money in it - they can fax this to you, or scan it and email it, even on the morning of the hearing, so there's no reason not to provide proof - ask them to fax it directly to the court and then go and wait in the court office for it.

Medical certificates = your wife was off work, so there must be some proof either from work or GP that she was off at the material time.

[Lea_HTH]

That was me who posted about the info in the N244 not Maye - it was in response to your question about including an I&E and mentioning the children.

 

I'm not reading well this evening! Sorry. I've been so busy all week, was about to sit and watch television when I got your message, so decided to come and see what was needed.

[Lea_HTH]

Maye...if you do the things I've suggested, then I'll take another look at this thread in the morning.

 

I think it might be time for bed for me!

 

Try not to worry too much - if you have enough proof to show the CJ I am fairly sure you can get the possession stayed.

[Ell-enn]

Leah, I do appreciate you taking the time to assist

[maye1981]

Thanks so much for your help, without it I would possible be in a post office Monday morning. No seriously thanks. I'll start at the top of your posts now and calculate everything, list payments and gather evidence and will report back soon. Thanks again for your time Leah and Ell thanks does not even begin to cover it win or lose I would not have got this far without you.

[Lea_HTH]

One last thing...you won't be homeless even if the worst comes to the worst and the repossession goes ahead.

 

The local authority have a duty of care towards your children and as such will have to house them - and because children are best placed with their parents, they will, inevitably, have to house you and your wife too. It might only be in temporary accommodation to start with (perhaps bed and breakfast), but they will also offer you assistance to find alternative accommodation (privately rented), or, dependent on which area you are in, may even find you local authority accommodation or housing association accommodation.

 

So don't despair.

[maye1981]

Ok here we go!

 

 

 

Arears they claim In total are £10.903.62

 

 

 

This made up of

 

charges £3741.38

 

 

 

Solicitors fees £2214.12

 

 

 

Ground rent £14.324.82

 

 

 

Ground rent does not make sense I know over the years

 

they had paid some but in march 2010 they paid the rent of £1197.18 that surely would bring my account up to date but then in may they claim they paid £4049.64. How could that be in 2 months.

Edited June 12, 2011 by maye1981

[maye1981]

Payment history since last time in court.

Feb 2010 paid

March paid

April paid

May paid

June paid

July missed

August paid x2

Sep missed

Oct paid

Nov paid

Dec missed

Jan 2011 paid x2

Feb paid

March paid

As of the 31st march my plan was upto date

April I informed acenden payment would be Made towards the 20 April but the started proceedings on the 14th.

May paid

June paid

May and June payment was only mortgage not arrears payment. They changed the dd to only take the contract payment. When I called to make the spo payment they said the plan was cancelled and to offer lump sum payment.

 

I did offer on April 20th to pay the payment due on the 21st but they said no it was to late

[maye1981]

1. Arrears £10.903.62

 

2. With my pay rise and my wife just starting back full time it stands at £980 for my wife and £1380 pm for me

 

3.I have statements from inception

 

4. My half was recently valued by an estate agent at £55000. My balance Inc all arrears and charges stands at £39000.

 

5. 18 years to run

 

6. No disabled

 

7. I can obtain proof of illness but not before monday

 

I cannot find proof of ground rent payments other than my statement says ground rent charge. I did receive a letter each time saying they would be charging £65 to capatalise the rent. Not sure what the 4 grand payment was.

8.

[maye1981]

My wife started to be poorly. Around June. It got worse and should would spend days curled in a ball in pain. This went on under the doctor and including trips to A&E in pain until they managed to remove gall bladder in December

[maye1981]

If you think I have no chance please let me have your opinion as I will beg family to get the £7000 they want to cancel eviction. I cannot be evicted.

[maye1981]

Going forward I can afford this mortgage