Acenden Repossession Order ** ORDER SUSPENDED **

[whitsend]

I have recieved a repossession hearing date from the courts for Capstone Mortgages,

 

 

due to being self employed my payments have always been a week or 2 late but I have always paid.

 

 

However due to the 2 recent bank holidays the cheques from my customers arrived even later,

which put me one whole month in arrears and the next month 2 weeks overdue.

Which they said amounted to £960.

 

 

However upon phoning them one of my payments had crossed the letter in the post and I was only £460 in arrears,

but they were going to add on £115.

 

 

I paid the £575 and they then give me until the 15th of this month to pay this month mortgage,

which I have paid and I am up to date.

 

 

Their solicitors Lightfoots however have told me that they are still going to go for possession

even though I have no arrears,

 

 

the hearing date is 9th July, what do I do to stop this,

 

 

I am going to lose my home and I do owe anything.

[littlemonstersmum]

This sounds like nonsense to me! If you have no arrears then surely there is no case to answer? Please someone correct me if i am wrong.

 

I imagine you would be best off submitting a defence form and stating the facts and that you now have no arrears. I'm pretty sure there is no case to answer so the judge will not grant a possession order to your lender.

 

Best of luck!

[whitsend]

Well I hope there is no case to answer but as Capstone and their Solicitors seem to be not communicating I really don't know. I got my quarterly statement today showing just this month payment outstanding of £331 which has been paid this week, but the statement was dated the 4th June. All I can get of Lightfoots solicitors is "sorry we have not been told any different, but to carry on and pursue repossession". When I speak to Capstone they say as far as they are concerned there will be no court hearing and they have even changed my payment date to the 15th of every month so I am not late paying each month.

[littlemonstersmum]

If the solicitors are still insisting on saying the court hearing is going ahead then you need to make sure you attend and put across your side of the argument.

 

I have no idea what notification you would receive if the case has been cancelled but i wouldn't trust anyone unless you have it in black and white.

 

I'm pretty sure there is no case to answer but if the court haven't been informed then the case will still be planned to go ahead and you should attend to make sure it is thrown out.

 

If you can prove you have cleared the arrears and that your payment date has been changed then this should be enough to prevent the possession being granted. There will be a duty solicitor on the day of the hearing but when we had our hearing there were about ten people waiting to see the lady and by the time we saw her (last on her list) she was harassed and didn't listen to anything we said! Your case does seem more simple though so it should be straightforward.

 

Please do get further advice on this as it is all quite new to me and i don't want to give you wrong information.

[whitsend]

Yeah it is going ahead according to the solicitors, even though Capstone say they don't have to contact their solicitors as they should know it is below their level of arrears that the use to start litigation, and they should stop it automatically. That was before I paid this months payment of £331. I am now it credit by a few pounds. I haven't even had a defence form through from the courts or do you have to ask for one.

[Pat2010]

Hi Whitsend,

 

One thing l have learnt about Capstone is to take everything they say with a very large pinch of salt.

 

l do not trust what they say at all.

 

Were in a similar situation but have some arrears, they promised to stop proceedings if we paid what we stated we could afford on our budget sheet but then they sneakily attempted to make us pay an additional payment which we just do not have.

 

lm sure someone here will correct me if l am wrong but if l were in your shoes l would write to Capstone stating that there are no arrears now, show proof of the payment you just made and ask them to confirm the new payment date.

 

Contact them in writing only, send everything by recorded delivery so you can print off a digital receipt as proof they have received your letters.

 

l would also send a copy of everything you send to Capstone to their solicitors too, in my case this 'forced' Capstone and their solicitors to communicate with each other.

 

Remember to keep a copy of everything you send and what they (will hopefully) send you, for yourself too.....just in case .

 

Also, don't take Capstones word for it that you wont need to attend court, unless you hear from the court itself be prepared to attend.

 

l know its easier said than done but try not to worry, l don't think they really have a leg to stand on and are just being very nasty which they are good at.

[littlemonstersmum]

Thank you Pat2010 your advice looks very sound to me. I think Whitsend has a good case and shouldn't have any problems in court.

 

Whitsend - where did you get the court date from? From what i remember with our case we received a notification from our lender's solicitor, a letter from the lender themselves AND paperwork from the court which contained the defence form that needed to be filed. Ideally you need to send your defence form in before the court date but it will be accepted right up to the day itself. Obviously if they have the details in advance it helps your case.

 

Do make sure all communication is in writing and you keep copies of everything along with receipts for recorded delivery on your postage.

 

Good luck.

[whitsend]

Hi

 

I have recieved a statement from Capstone today showing that as of the 4th June I only owed this Months payment. I also received a letter stating my payment dates were now the 15th of the month. I rang them and again they told me that the solicitors should be checking my account and stop any action, but Lightfoots say different again. I am now going to send a copy of my letters to Lightfoots solicitors by recorded delivery and I will also write to Capstone, all by recorded delivery.

[whitsend]

Thank you Pat2010 your advice looks very sound to me. I think Whitsend has a good case and shouldn't have any problems in court.

 

Whitsend - where did you get the court date from? From what i remember with our case we received a notification from our lender's solicitor, a letter from the lender themselves AND paperwork from the court which contained the defence form that needed to be filed. Ideally you need to send your defence form in before the court date but it will be accepted right up to the day itself. Obviously if they have the details in advance it helps your case.

 

Do make sure all communication is in writing and you keep copies of everything along with receipts for recorded delivery on your postage.

 

Good luck.

 

 

I only had letters from the solicitors telling me they had applied for a hearing date and then a letter from the courts, but no defense form, I have phoned the courts for a defense form, but they told me under the circumstance just send in a letter of defense with my proof of payments and arrears owed.

[Ell-enn]

What exactly did the letter from the court say? Did it have Claim for Possession on it?

[whitsend]

It said it was a Notice of Possession Hearing, and that the claim may be referred to another Judge or court.

[whitsend]

Does anyone know if their bank details are the same and if their address is the same. I have not heard from them yet.

[littledotty27]

Hi Acendens address is still the same,St Johns Place,High Wycombe, I would presume the bank details you pay to are the same aswell,as it is only a name chane of the company.

[whitsend]

I am self employed and every now and again I do get in arrears with my capstone mortgage, but never more than 2 months and it is always paid in full before the end of the two months including fees. They have cancelled 2 repossession hearings over the last 2 years because the account was bought up to date, but the last one they only agreed to cancel at the last minute even though I owed them nothing. I was late with my mortage payments last month and even though I had bought the account up to date before the end of the month and I am actually in credit by £5, they have set a court date for 8th June for repossession hearing and even though I owe nothing and this months mortgage payment was made on time, the are refusing to cancel the court date, the arrears were £488 including £180 charges. I have never been in arrears more than £650. Can they repossess my house when I owe no arrears and am I going to get even more fees added for the court case. I did not think mortgage companies could treat people like this.

[Ell-enn]

Hi there, the short answer is no, they can't repossess your home if there are no arrears. However, they may be thinking of asking the judge to grant a suspended possession order due to your erratic payment history and hoping you miss payments again before the hearing date in June - but I'm sure they won't have any luck with that !

 

You don't need to send in a defence until around 14 days before the hearing, but it might be an idea to send them a letter advising them you intend to defend vigorously as there are no arrears on the account. If you need help with the letter, please let me know.

[whitsend]

I am not really sure what to say in defense, I am paying May's payment next week, then I will pay June's payment at the end of the month, so there will definately be no arrears on the account and if possible I am going to try and get a month or two in front so that even if I have problems getting money in from ny customers the mortgage will not get in arrears. At the time of the hearing I should be one month in front. Also it will stop the £95 charges for late payment.

[Ell-enn]

We can help you with wording the defence, but if your payments are in front before the hearing date I would be very surprised if they didn't withdraw from the claim.

[whitsend]

I have told them of my intentions to get 2 months in fron so I will never fall behind again, and they said I could do that no problem, but they would not be able to cancel the court hearing and that I should "go seek advice". Should I wait or send in a Defence now. I will write to them however as you suggest.

[Ell-enn]

They can cancel the court hearing any time given that they are the ones who requested it ! they're just playing silly buggers as usual - typical Capstone!

 

I wouldn't send in a defence yet, wait until you have made some more payments and can send the proof in with the defence. If they actually go through with the hearing the judge isn't going to be happy with them and we would ask that he orders that legal costs are not added to your mortgage account by Capstone as the hearing is unnecessary and a waste of the court's time.

[whitsend]

I hold on a bit then, see if they do cancel

[Ell-enn]

OK, no problem. Keep us updated in case we need to do a defence.

[whitsend]

I have a possession hearing date through today with the claimant named as Eurosail UK 2007, I have never heard of them, who are they. Can anyone help.

[Rocco17]

I have a possession hearing date through today with the claimant named as Eurosail UK 2007, I have never heard of them, who are they. Can anyone help.

 

I think its Capstone or Acenden. Do you have a mortgage/secured loan with them that is in arrears?

[whitsend]

Hi

 

Yes it is in arrears of less than one month, it is around £320, but that will be paid this month, and they haven't sent me any solicitors letters are anything. I was late with last months payment and haven't paid all this months yet.

[whitsend]

How can these people repossess a house that they arn't even named on the land registry, it is still SPPL, and it is for less than one months payment, by the hearing date there will be no arrears.