advice need ,don`t know what to do

[Ell-enn]

Hi there, send them the letter I drafted in post 21 above. Send by special delivery on Monday so they get it Tuesday. If this does go to court we can put in a good defence, but you must get that letter off to them asap, as we may need to use it as part of your N244. Make sure you keep a copy and also print off the signature receipt from the royalmail website a few days after posting.

 

Ell-enn

[sugg1]

Yes its being posted first thing monday morning.

Thanks Ell-enn

[sugg1]

I have send the letters as requested by Ell-enn.

 

This morning my husband phoned up to make the £400 payment to capstone and the lady refusted to accept the payment she said they required the whole of the errors not a unaceptable payment.

 

My husband explained that i had gotten a new job and that we had kept them informed of this via letter and that as i had not recieved a full months wage as yet and we were only able to make the payment of £400,she still refusted saying mr sugden your house is going to be repossed unless you pay the full outstanding errors today ,of course he said we never had the money and she said well you will lose your house.

 

 

Now what do we do ,they have not let us make a payment ???

[sugg1]

forgot to say ,told husband to take her name and also write down the time and date that he had spoken to her.

[OLIVE.FAMILY]

Do you have a cheque book? If so send recorded delivery again. Either that do you have interent banking? pay my mortgage via online banking each month. They cant refuse that unless it is refunded???

 

olives xx

[Ell-enn]

Hi there, as Olivefamily says, send a cheque - they cannot refuse to take payment as they are frustrating your efforts to pay - downright disgraceful

 

Send the cheque (made out to Capstone) to the solicitors you sent the other letter to. On the back of the cheque you need to write your mortgage account number and send a covering letter as follows:

 

Dear Sirs,

 

MORTGAGE ACCOUNT NO:

 

Please find affixed cheque for £400 being payment on the above numbered account.

 

On telephoning Capstone customer services this morning to make payment by card the employee refused to take the payment and told us our house would be repossessed. The time of the call was XXXXX and the employee we spoke to was XXXXXX.

 

This treatment is totally unacceptable and contrary to the Civil Justice Council Consultation Paper - Mortgage Arrears Protocol and a copy of this letter has been sent to Capstone's Chief Executive for his comments.

 

Yours faithfully,

 

 

 

XXXXXXXX

 

Enc. (cheque No: XXXXX)

 

Send it tomorrow by recorded or registered post so they get it on Monday. I will come back to you with the name of the CEO at Capstone so you can write to him.

 

Ell-enn

[cat100]

Common ploy to try and prevent payment by most sub prime lenders. If you could get it in writing stating that they won't accept any kind of payments other than full arrear amount to your mortgage account you would win in court no probelm.But of course they won't.

[sugg1]

Hi Ell-enn did you find out the address

back to you with the name of the CEO at Capstone so you can write to him.

 

Letter has been send to the solictors with the cheque and we now wait.

 

Are you around on wednesday to help me sort out my blackhorse problem that i PM you about

[sugg1]

We have had the notice of eviction arrive today ,date is set for the 16th October at 1pm.

 

Now what do we do i am so scared and worried.

[Ell-enn]

Hi there, please don't panic.

 

You need to enter a N244 application at the court to have a hearing to suspend the eviction. I can help you with the wording for that.

 

You can download the form here: Her Majesty's Courts Service - Home

Select Forms and Guidance from the left hand side and enter N244 in the box. You will them be taken to the page where you can download the form and print it out.

 

I will then give you the instructions for completing the form and will draft a statement for Part 10, which is the important part.

 

Make sure you check on the royal mail website that the letters you have sent have been signed for and then print off the signature receipts to keep with the letters. We will need these for your N244 defence.

 

Kind Regards

 

Ell-enn

[sugg1]

Ok thanks Ell-enn have printed off N244 form and will await your help filling it out.

I won`t be around much more today ,as i will be going back out to work shortly,but like i said in my PM to you i will be around alot on wednesday morning so will be able to get this done and sorted and also the blackhorse stuff.

 

I really hope that the judge will fall on our side for both cases.

 

Oh we have been informed this morning via phone that we are entilted to council tax benefit from last April ,they say they made a huge mistake and put our kids down as non-dependents so we might be entiled to some money back ,we are paying this years off at £100 a month and last years at £25 amonth ,so we might have a little to come back and also might be then able to use that £125 towards capstone/blackhorse.

 

Also hubby spoke to the veterans agents again friday as we still have not recieved anything ,and he spoke to a lovely lady who said that his claim had been send to the wrong people first ,but it was now with the compensation department and she would get it signed off with her boss monday morning and put urgent on it to get it fast tracked ,really hope that she has done that ,and we would get a letter with forms to sign this week ,so fingers tightly crossed thats much closer.

Hubby did mention to the lady that he was due in court 21st oct for repossion so here is hoping.

 

Its just so frustraing having everything just about there ,but still just out of hands reach in time to stop us losing the house

[Ell-enn]

Hi there, I will be on line on Wednesday morning, so we can do all this then. In the meantime I will make a start on your statement for Part 10 of the N244. You will also need a budget sheet.

 

Ell-enn

[sugg1]

Had a letter from Capstone this morning:

 

"We are in receipt of your recent letter and note your proposals,However as we have spoken to you since your letter was send ?(NOT),You are aware that full arrears are require in order to guarantee cancellations of the eviction.

 

Please contact us if you are in a postion to resume payments"

 

Please contact us if you are in a postion to resume payments

we are now in a postion to resume full payments and have told them this in the letters including the latest one they are referring to,so if they are happy to have payments resume why are they still taking further steps.

[Ell-enn]

Hi, don't worry - we'll put all that into the N244 statement for court

 

Ell-enn

[sugg1]

Hi Ell-enn i am ready when you are

[Ell-enn]

Hi there, won't be long - just got to sort something out (at work)

 

Ell

[sugg1]

No problem

[Ell-enn]

Hi there, these are the instructions for completing the N244 (except for Q.10 where I will send you a statement to go with it).

 

1. Your names

2. Tick Defendant

3. Suspension of warrant for eviction - payment proposal offered

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 Applicants

11. Sign and cross out all options except Applicants.

......Enter your address and contact details.

 

I am working on your statement and will post very shortly, I may need some more info for it though, so if you could stay online that would be good

 

Ell

[sugg1]

Thanks and yes no problem will be on for a while yet

[Ell-enn]

Hi, affixed is your statement to go with the N244. There are also Appendices which need to be affixed - take photocopies to put with the N244 and keep all others at home with a photocopy of the N244 - so you have a full copy of everything for yourselves (you will need to take that with you to the hearing).

 

Appendix 1 - latest letter you have received regarding War Pension and

.................. Proof your husband is classed as disabled.

Appendix 2 - Budget sheet

Appendix 3 - Previous letters to mortgage company advising of

...................your situation and the response you got from them

...................(including signed for receipts)

Appendix 4 - latest letter which you sent cheque with (including signed

...................for receipt)

 

On the top of each Appendix you need to write the Court Claim Number on the top left hand corner and the Appendix number on the rop right hand corner.

 

I will send you details of the Norgan case and the Civil Justice Council Paper later so you know what you are quoting in your statement.

 

Any questions, just shout

 

Ellx

Sugg N244 Statement.doc

[sugg1]

Thanks Ell-enn ,what do i need to do regarding the blackhorse secured loan.

 

Is the above just for capstone or both

[Ell-enn]

I'll have a look at your blackhorse case and get back to you - hold on. C

 

Use what I have put in this thread for Capstone.

 

Ellx

[sugg1]

ok thanks Ell-enn i am very gratefull for all your help

[Worried]

Here's hoping all goes well for you Sugg1. Ell-enn is a godsend

[sugg1]

Hi Ell-enn

 

Appendix 1 - latest letter you have received regarding War Pension and

.................. Proof your husband is classed as disabled.

 

Hubby recieved a letter this morning to say that he is not entilted to compensation from the armed forces ,BUT they are still looking at his war pension side of it all.

will that letter cover what you have metioned for appendix 1.

 

Also what would i need to proof hubby is disabled ,he has a blue badge and gets incapicity benefit ,and is awaiting his out come for DLA