Capstone repossession

[Bandit127]

Given that a lot of water (and beer) has flowed under the bridge the I think the sequence of events was as follows:

 

1. The mortgage company sent me a final demand. I ignored this as I had no way of paying £50k.

2. The in house collectors sent me a demand shortly after. I had dealt with them before and they were generally reasonable. I phoned them and offered £50 a month. (I remember they guy on the phone seemed willing to accept anything). No I&E was needed, I just said "I can reliably afford" £50 a month.

3. I can't remember how that got to £100 but that is what it now is.

4. I then started learning about stuff from this site (and MSE) so I sent an "in writing only letter". As above, all I now get is the 6 monthly nag which I do respond to.

 

And that is how it has been for 4 years or so.

 

My previous dealings with the in house collector were not so good (credit card, bank account and loan). I had a car disaster and missed 3 months of payments - they sent my account on to proper debt collectors after this.

Edited May 26, 2013 by Bandit127

[uneverdid]

thankyou I will just wait then and if I have to pay £100 a month then I will be happy to

[uneverdid]

hi just wondering does anyone know roughly when a mortgage company usually asks for repayment of a shortfall.Property sold in April but I've not heard anything yet. Thankyou, also this will drop of my credit file within the next 6 months will it get put back on again by the mortgage company as a repossession as at the moment it is showing as satisfied. Thanks again

[caro]

It can vary. Often it can be after some years as by that time you may be back on your feet and in a better position to pay, but it can be much sooner.

[uneverdid]

thankyou just seen title deed for the house just wondered what it means when the mortgage company register a charge on the property in the new owners name and put a restriction on preventing them from selling for 4 months ????

[uneverdid]

Happy new year !

 

I have today received a letter from acenden saying I owe then £40000 shortfall and they will take legal action if I don't contact them. What shall I do now? Incidently this falls off my credit file on monday are they allowed to re enter it if they obtain a ccj. Another question please I'm getting re married in April, my husband has his own property everything in his name I want to be sure he won't be liable in any way thanks for your continued support.

[uneverdid]

Any support please

[caro]

I would write and ask for a breakdown of how they've arrived at this figure.

 

It's probably worth sending a sar as you need to know what charges there may have been, ppi you may not have wanted or needed, and what steps they took to make sure they got the best possible price for your property.

[uneverdid]

Thankyou I will do as I have received no details in writing regarding the sale etc when I took this mortgage out I'm sure that the broker said I would have to pay an insurance premium to protect the mortgage company if ever I got repossessed. Do you know what this might be called on the initial paperwork. I also remember paying quite a hefty comission fee what could I reclaim back please. Another question sorry do you think they would accept £100 a month, should I offer anything yet I really don't want a ccj or bankruptcy etc

[Ell-enn]

You should send them this letter http://www.consumeractiongroup.co.uk/forum/showthread.php?390014-Mortgage-Shortfalls-Subject-Access-Request (by recorded delivery). Don't make any offer of payment until you have an answer from them.

[uneverdid]

Thankyou will get it done monday would this stop all action whilst its being processed

[Ell-enn]

It might not stop them chasing you for money, but you can say you won't be paying anything until you have a comprehensive breakdown.

[uneverdid]

Thankyou Ell-enn I do appreciate your help just gutted that even after losing the house I'm still suffering even more

[uneverdid]

Hi

 

So after sending a sar and not hearing anything yet I came home with a letter from dlc with regards to paying it back. They have said the usual contact now for a discount or to arrange a repayment plan what should my next step be please

 

Thankyou

[uneverdid]

Anyone advise please

[caro]

Just write back with a brief letter advising them that you are awaiting a response to your sar, and that you won't be paying anything until you have a comprehensive breakdown of the sum they claim that you owe (as per ell-enn's post of 4th January above).

[uneverdid]

Thanks Caro I shall do that

[uneverdid]

I have received another letter from dlc offering a £10 monthly payment ive still not heard from capstone but almost want to start paying it just so I can sleep at night. Would this jeopardise any claim for charges etc being refunded.

 

Thanks again

[caro]

They might accept £10 for now, but how long before they want more?

 

If you haven't done so yet I would still suggest you write and say you'll pay nothing until you know what you're paying for.

 

By paying you would be acknowledging the alleged debt and make it harder to dispute in court IMHO.

[uneverdid]

Still not received a response to sar but had another letter from DLC offering to half the debt to 20.000 any next steps now please

 

thankyou

[caro]

Just tell them you're still waiting on a breakdown of what you're meant to owe and info from your SAR. Repeat that until you have that information you're paying nothing.

 

Nothing's changed.

[uneverdid]

I am so cross still had nothing back except another letter from dlc saying as ive not responded they may now consider sending someone round. We really don't need this just lost my mother in law suddenly so have enough on

[caro]

Sorry to hear of your loss.

 

When did you send the sar?

[uneverdid]

7th jan

[caro]

I am so cross still had nothing back except another letter from dlc saying as ive not responded they may now consider sending someone round. We really don't need this just lost my mother in law suddenly so have enough on

 

Did you send dlc a letter as advised on 27th feb? If not, then do so now and advise them that all communication must be in writing and you will not be dealing with anyone they send round.

 

You could also write to acenden advising that if they don't respond to your sar within 7 days you will be reporting them to the ICO.