Acenden repossession court order

[Ell-enn]

If you already have house insurance then Capstone will have to cancel the one they are charging you for and refund the payments. It's illegal to have 2 insurances on the same property and this needs pointing out to them or you will report them. You need to send them a copy of your current house insurance certificate by special delivery telling them that you already have this in place. I think there's a special department you have to send it to.

 

Capstone are well known for adding on insurance whether you want them to or not, but you don't have to accept it !! you are entitled to find comparable cover at a competitive price.

 

It's nothing to do with rocking the boat - it's a legal issue.

 

I see they've bullied you on the phone into completing another income and expenditure exercise - no doubt to their advantage !! You really shouldn't get into these kind of conversations with them - they will try and work out that you can pay more when you know you can't.

I can understand you being afraid of court - but you really shouldn't be - judges are on the side of the homeowner where lenders like Capstone are concerned and you would more than likely find that the judge would lower your payments !! It's not like the court room you see on the TV - it's held around a table, just like a business meeting and you have everything stacked in your favour to win - I wouldn't tell you that if I wasn't 100% sure. If I were you, I'd enter an N244 and get the judge to give them a piece of his mind.

[newstarter]

Totally agree with the above,i would have gone down the n244 route by now,as i said earlier your not dealing with a normal high st lender here and that house insurance is way over the top but i would side with ELL-enn 100% you really should be going to court,the arrears amount is just too small for you to be concerened about loosing your home,i still say 50 per month of each would be acceptable,but as always its your decision.

[indistress]

I did send them a copy of my home insurance and it was acceptable as they were named on it. This was in March, I heard nothing since till I saw my mortgage statement. And shows a deduction of £50, I just cancelled my home insurance with Halifax. I give up fighting with Capstone.

 

I have called Capstone and they have declined the offer. And are requesting a lump sum. I feel physically sick now

 

I didnt really want to go down the route of the courts as Ive been there before, and concerned I will lose my home.

 

S

[indistress]

I did send them a copy of my home insurance and it was acceptable as they were named on it. This was in March, I heard nothing since till I saw my mortgage statement. And shows a deduction of £50, I just cancelled my home insurance with Halifax. I give up fighting with Capstone.

 

I have called Capstone and they have declined the offer. And are requesting a lump sum. I feel physically sick now

 

I didnt really want to go down the route of the courts as Ive been there before, and concerned I will lose my home.

 

S

 

Were not named on it Sorry. See I am in a state.

I have a day off this week do you think I should start the N244 route now

[newstarter]

You now see what you are dealing with ! yes and dont be put off by the thought of going to court anymore,a court hearing will put a stop to Capstone,s constant harrassment,this is what you should have done in the first place,as i said to you earlier its the only way to stop them from bleeding you dry of all your income,and dont worry about going to court it really is the best thing you could do,i just knew they would have you running round in circles,and yes the time to start is now,i would also be looking at getting a better deal on that house insurance too.First off you will need an n244 form,an i+e and a witness statement,Ell-enn will take you through it step by step and iam always on the forum if you need some advice and support,(me being the nuisance that i am lol) believe me your doing the right thing here and i must stress,you will not loose your home,no way.

[Ell-enn]

Hi there, I can help you with the N244. You'll need a copy of the budget sheet you sent them together with copies of the letter proposing payment. Also, you need proof of any payments you have recently made.

 

Try not to worry, we'll get through this and Capstone will have to abide by what the court decides. You should now look for cheaper insurance and make Capstone cancel what they are charging you - it's outrageous.

 

When is your day off?

[newstarter]

Totally agree,indistress ,i pay 18.95 a month with a well known insurance company so i know for a fact your being fleeced on this one area alone! and god knows what charges you might uncover regarding the loan and mortgage payments,however your going in the right direction and your not on your own.

[indistress]

Hi there, I can help you with the N244. You'll need a copy of the budget sheet you sent them together with copies of the letter proposing payment. Also, you need proof of any payments you have recently made.

 

Try not to worry, we'll get through this and Capstone will have to abide by what the court decides. You should now look for cheaper insurance and make Capstone cancel what they are charging you - it's outrageous.

 

When is your day off?

 

I am off on Friday, will that be too early to go to court, if an Eviction notice has not been set. Impossible to get time off at the moment. I work at a company for central heating breakdown. So you can imagine in how busy we are.

I dont have copies of my statements but I do know when I paid them. Should I request for an SAR?

[newstarter]

No worries you can get copies of statements if you call in at your local branch,i would send a S.A.R because being as there,s some history here it might be a good idea to see exactly what info they have,and might uncover charges that you could get refunded,wouldnt be much use for the hearing as you wouldnt get the information back in time for that but there could be some useful info you could use later when Capstones hands have been tied by a court order.

[Ell-enn]

If the warrant for eviction isn't going to be issued till the New Year, then I would hang on with the N244 till then. If you keep making payments in line with your proposal (and get proof) this will show the court that you are committed to paying the arrears. There's a few weeks to go before you need to do anything really. This will also give you time to get proof of the payments you have already made.

[indistress]

If the warrant for eviction isn't going to be issued till the New Year, then I would hang on with the N244 till then. If you keep making payments in line with your proposal (and get proof) this will show the court that you are committed to paying the arrears. There's a few weeks to go before you need to do anything really. This will also give you time to get proof of the payments you have already made.

 

Thanks for your help Ell-en. Im off shopping for house insurance as I cancelled Halifax insurance and will get an SAR sorted this week too.

Gonna fight them all the way

 

Im just concerned as I have been in court before. I know the judge was really nice, but will he still be lenient with me as I am in arrears again?

[Ell-enn]

Hi, your circumstances have changed since you were last in court as you are now single and trying to do your best to pay the arrears. You have an income and can show you are able to afford payments. Judges do not take people's homes away when they are able to pay - it is only in extreme circumstances that homes are repossessed i.e. when there is no income and no hope of paying in the future.

 

I am confident you will be OK when you take your case in front of a judge. Just make sure you keep paying in line with what you proposed to them to show your commitment to clearing the arrears.

 

 

When you have got your new insurance policy you need to write to Capstone with a copy (make sure they are named on it), if you need help with the letter I can draft one for you.

 

 

After you have made your next payment we can write to Capstone again advising them that you are going to defend the eviction and report their behaviour to the court in your defence - they may just see sense and withdraw the warrant.

[indistress]

Hi, your circumstances have changed since you were last in court as you are now single and trying to do your best to pay the arrears. You have an income and can show you are able to afford payments. Judges do not take people's homes away when they are able to pay - it is only in extreme circumstances that homes are repossessed i.e. when there is no income and no hope of paying in the future.

 

I am confident you will be OK when you take your case in front of a judge. Just make sure you keep paying in line with what you proposed to them to show your commitment to clearing the arrears.

 

 

When you have got your new insurance policy you need to write to Capstone with a copy (make sure they are named on it), if you need help with the letter I can draft one for you.

 

 

After you have made your next payment we can write to Capstone again advising them that you are going to defend the eviction and report their behaviour to the court in your defence - they may just see sense and withdraw the warrant.

 

My Direct Debit is now set up for 1st Jan and I will make sure it is paid. Dont worry. Also paying 350 on 22nd Decmber, should I pay that over phone or via bank.

Will let you know when I have my house insurance sorted, just awkward. Type of house I am in

[newstarter]

I would go via the bank if i were you,leaves a good solid paper trail and also you wont have to put up with any arguments from them

[indistress]

Ell-En

 

Is it possible for you to draft a letter to request an SAR please?

 

Thanks

[Ell-enn]

Here you go.... Put your account number where there are XXX's and also the postal order number where there are XXX's further down the letter.

 

Send the £10 by postal order, on the back of the PO write "fee for Subject Access Request only, not to be used as payment on account." Also write your name and address and mortgage account number. Take a photocopy of both the front and back of the PO and keep safe with a copy of the letter - you may need to prove you sent it.

 

Don't forget to send by recorded delivery.

Mortgage SAR.doc

[indistress]

Here you go.... Put your account number where there are XXX's and also the postal order number where there are XXX's further down the letter.

 

Send the £10 by postal order, on the back of the PO write "fee for Subject Access Request only, not to be used as payment on account." Also write your name and address and mortgage account number. Take a photocopy of both the front and back of the PO and keep safe with a copy of the letter - you may need to prove you sent it.

 

Don't forget to send by recorded delivery.

 

Two separate £10 for 2 accounts??

 

Or 1 for both accounts

[Ell-enn]

Hi, I forgot you had two accounts with them but you only need one £10 - an SAR is a request for all information they hold on you no matter how many accounts.

 

You can put both account numbers at the top of the letter.

[indistress]

Well received a lovely letter from the Bailiff today. Eviction date is 17th January, Will I proceed with the N244 now?

[Ell-enn]

Would you be able to attend a hearing before Christmas ? if not then you could take the N244 into court next week and get the hearing for the first week in January.

[indistress]

I would prefer to get it out of the way as soon as possible. I know I be off one day between xmas and new year. But if I get the N244 form in can I chose the date convenient to me, due to work issues

[indistress]

Would you be able to attend a hearing before Christmas ? if not then you could take the N244 into court next week and get the hearing for the first week in January.

 

hi ell en

 

Can you help me with me N244 form please.

 

Thanks

S

[Ell-enn]

Hi there, of course I'll help you with the N244 - I'm at work at the moment but will take a look tonight.

I take it you have a recent budget sheet we can use?

The courts will be closed for quite a few days over Christmas and New Year so you are very unlikely to get a date before the first week in January. The courts determine the dates of hearings and I'm afraid there's not much room for negotiation.

[indistress]

Hi there, of course I'll help you with the N244 - I'm at work at the moment but will take a look tonight.

I take it you have a recent budget sheet we can use?

The courts will be closed for quite a few days over Christmas and New Year so you are very unlikely to get a date before the first week in January. The courts determine the dates of hearings and I'm afraid there's not much room for negotiation.

 

Can you help with my N244, I can go on Tuesday morning with it x

[Ell-enn]

I should have some time tomorrow evening, will catch up with you then if that's ok?