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

[maye1981]

Sorry about grammar but my pc died last month so doing all the typing on my phone.

[maye1981]

If I paid the £7000 to stop eviction they are also saying that I would need to increase arears payments to £350 in addition to mp. The court set this to £150 pm so could they re apply if I carried on paying the £150 after they stopped eviction.

[Lea_HTH]

What do you mean 'your half was valued' - who owns the other half?

[Lea_HTH]

1. You need to deduct the solicitor fees and the charges from the arrears amount.

2. You are still liable for the solicitor fees, but they are NOT arrears.

3. The figure you will be left with should be actual arrears - if not, then they should be accounted for by the sums paid for ground rent.

4. Write down how much they state the 'arrears' are - then have another figure for 'solicitor fees' and another figure for 'charges' and for 'ground rent payments'; write down clearly information relating to payments made. You've written down 'paid' in your list - put the date the payment was made, how much was paid and how much was paid towards the arrears. It should look something like the following;

 

Date CMI Arrears Outstanding Arrears

1st Feb 650 250 3250

1st Mar 650 250 3000

1st Apr 650 250 2750

 

Of course, you use your actual figures, and be completely accurate.

 

You are going to ask the CJ to consider your appeal on the basis that the DJ mistakenly thought that your arrears were actual arrears of mortgage payments and not substantially made up of charges, solicitors fees and ground rent payments that were meant to have been capitalised. You have to show how this was the case by producing your evidence, and your written statements of the facts (as described above).

 

What exact wording do the letters regarding capitalising the rent use? Is the word 'capitalise' used at all?

 

Is this a shared-ownership property?

[maye1981]

Yes it's shared ownership with a housing association. The letters did say they would charge me £65 and they would be capitalised. I cannot find a letter that's my problem. I did a sar to them about 6 months ago but they have not replied. They did cash the £10 cheque. When I ask them they say they are sending it or short staffed

[maye1981]

I'll do the list. But I know if I count all payments missed since mortgage inception and all payments I have ever made I would have no payments outstanding

[maye1981]

Should I list all payments from the inception date. Also sorry to be thick but are ONLY missed payments classed has arrears.

[Lea_HTH]

Yes it's shared ownership with a housing association. The letters did say they would charge me £65 and they would be capitalised. I cannot find a letter that's my problem. I did a sar to them about 6 months ago but they have not replied. They did cash the £10 cheque. When I ask them they say they are sending it or short staffed

 

Are the HA aware that possession proceedings have taken place?

 

It is within the HA powers to purchase your share back from you, thus allowing you to stay in your home, merely renting the whole and not a part.

 

Have they/you discussed this possibility? Are they aware that eviction is due to take place tomorrow?

 

Clearly what you've been referring to as your 'ground rent' is almost certainly made up of rent AND maintenance charges - could you clarify this please?

[Lea_HTH]

List all payments made - follow what I said previously.

 

One thing...when asking for help you have to be honest about the details, things you've left out might make a difference. For example, had you mentioned in your original post that you had a shared ownership property, then different advice would have been given - as it is, advice given was for a standalone charge.

 

The judge clearly had information available to him that you have not shared with us here - e.g. the fact that the property is shared-ownership - 'ground rent' is not the same as 'rent' and 'maintenance charges' - so what is it that has been paid? 14K on 'ground rent' sounded a bit odd when you first mentioned it - so is it actually rent and maintenance as I suspect? If so, how long is it since you paid these? Have the HA also issued eviction proceedings against you? The mortgage company can't sell half a property so they would need the HA agreement for the repossession as you're still a tenant of the HA and THEY would also have to issue eviction proceedings - and if you have no rent arrears...

 

Look, only the whole truth helps you here, I can't help on partial facts.

[maye1981]

I have recently set up a dd with ha and they have not issued any proceedings. They are not aware of spo.

[Lea_HTH]

I have recently set up a dd with ha and they have not issued any proceedings. They are not aware of spo.

 

How much are your current rent arrears?

[maye1981]

Does rent when paid by mortgage company count has arrears.

[maye1981]

No rent arrears at present

[maye1981]

No rent arrears at present

[Lea_HTH]

Does rent when paid by mortgage company count has arrears.

 

Can you respond to my questions. I appreciate you are worried and scared, anxious, angry even - but I can't help you if you don't reply to the questions I ask. You can ask all the questions you like once I've got the information I need to be able to decide whether you have a chance of saving your home.

 

I need to see a copy of your I&E - wouldn't normally ask for this, but I suspect that you may not be able to actually afford your property, so can I see it?

[maye1981]

Yes I'll post it up shortly

[Lea_HTH]

I have recently set up a dd with ha and they have not issued any proceedings. They are not aware of spo.

 

It should be virtually impossible for the HA not to be aware of the SPO as the mortgage company should have contacted them to discuss the issue. Pre-action protocols have to be followed - was the court aware that the property was shared ownership? Was it mentioned at all?

[Lea_HTH]

How many times, since the SPO was granted, and since the eviction was stayed, have you fallen into rent arrears where the mortgage company have paid the arrears and added them to your mortgage account?

[Lea_HTH]

Can you tell me what area of the country you are in?

[Lea_HTH]

Okay, just so we're clear - here's what I need to know:

 

1. Rent payment each month (including the maintenance charges)

2. Current mortgage instalment

3. Council Tax (and any arrears)

4. Electricity, Gas, Water

5. Car payments/insurance/petrol/maintenance

6. Unsecured debt; e.g. loans, credit cards, store cards, overdrafts (incl. any arrears)

7. Housing Benefit?

8. Working Tax and Child Tax Credits?

9. Child Benefit

10. Phones - both landline and mobile - monthly payments etc

11. Contents Insurance (and any other insurance you might have)

12. Your actual income (wife's and yours - I know you've posted it earlier, but put it in a numbered list in response to this post).

[Lea_HTH]

I also need to know what, if any, contact you have had with the HA with regards to the rent arrears PRIOR to the alleged capitalisation?

 

You say you had a letter about the capitalisation - is it possible you can find it, or some reference to it? Either from the HA or from the mortgage co?

 

I'll be back at 5 pm - please try to have the information available as I won't be available for long after that time.

[maye1981]

1. 199.00

2. 201.79

3. 80.0 (no arrears)

4. 120.00

5. 300

6. 500

7. none

8. 35

9. 135

10. 35

11. 25

12. £980 my new salray from the first of july is £1390

[maye1981]

i do not have any letters i have double checked. the ha write to me and said they have to inform the mortgage company about the arrears and then the morgage company write offering capatilaisation

[maye1981]

i am in walsall west midlands

[maye1981]

i dont think the court was aware it was shared ownership and the ha have never contaced me about it