More Acenden hell :(

[Rachaelb]

Dear all,

I have a mortgage with Capstone Mortgage Services

 

 

in January this year they were granted a posession order due to my arrears situation.

I was unable to attend the hearing (I'd broken my knee in the snow!) and explained this to Capstone and their solicitors.

A statement was also sent to the court (and copied to Capstone and solicitors) but in my absence the order was granted.

 

 

I contacted Capstone to try and come to a reasonable repayment agreement and was bullied into paying £1000 per month (£679 contractual agreement + £300 towards the arrears), being advised that it was "£1000 minimum or eviction" by the charming Capstone man.

 

 

After two months I again got into difficulties and wrote and emailed Capstone asking if I could switch to interest only,

increase my mortgage term,

add the arrears amount to my total mortgage.

 

 

I heard nothing and when I called them I was advised thay had never received a letter or email.

I must admit that I have been very irresponsible in that I didn't follow this up at the time

(without going into the sob-story details: divorce and single parent of small child).

 

 

I continued to make payments to cover the monthly contractual amounts with only a small amount towards any arrears

 

 

wrote to them again in August,

again asking if I could change my terms,

even if only temporarily.

 

 

Two days later I then received a letter stating they were going to enforce the posession order as I had breached our agreement.

My arrears are £4350, my mortgage is over a 22 year term and has £134k outstanding on a property estimated at £220,000.

 

 

as I have contacted Capstone three times now in an attempt to come to some agreement,

offering £850 per month and a lump sum towards the arrears of £1400.

Each offer has been rejected

 

 

I was advised when I called them this morning that they cannot tell me what I should be offering and they will not stop eviction proceedings but were happy to take my bank details to set up the new instruction for £850 as of 1st September.

 

 

It seems they will just keep rejecting whatever I offer.

I have no one who can help me with this

- family or friends and in an attempt to try and save my home I have started to fill in a N244

but need a little help with what to say as my supporting evidence.

[Debvfm]

Hi

 

I am no expert but having filled one of these in yesterday would suggest you photocopy all letters to and from them and the names of the people at Capstone. (including the charming gentleman). I am in the same boat as you and wish you all the best.

 

D x

[ukaviator]

Hi Rachael

 

As you did not attend the court hearing due to a broken knee, this may be enough to get another hearing. Fill in the N244 Form and attach an Income and Expenditure spreadsheet to give to the judge. He / She will see how much you can afford and make an order for that amount each month on top of your normal payments. You must attend court this time.

 

There is a budget sheet here:

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=7061&d=1237139067

Edited August 24, 2010 by ukaviator

[rebel11]

Hi Rach

 

Here's a site with quite a bit of information

Other experts will be along shortly, keep an eye on thread.

 

Heres an Example :- http://www.stop-repossessions.org.uk/n244_example_form.pdf

Edited September 13, 2010 by IdaInFife
link removed :)

[Rachaelb]

Thanks both for responding so quickly. I've done my Income & Expenditure sheet which shows that I have enough comming in to support my offer of £850/month (with only £30 left over though so not sure how the judge will view that?). I haven't received the eviction notice yet but thought I'd better get moving straight away, particualrly since Capstone are being very unhelpful and aggressive. They have asked for 3 months bank statements and pay slips but are still refusing to accept any offers! I wanted an idea of what I should say in the supporting evidence section (aside from attaching my Income/Expenditure and copies of letters/emails).

[ukaviator]

£30 to live on is not enough, you need to get the judge to decide here what the affordable amount is, you still have 22 years left on the mortgage, are you able to remortgage?

[Rachaelb]

Sorry - I wasn't clear! £30 left over after everything has been accounted for inc. housekeeping/petrol/lunch/pocketmoney/school dinners etc.... as well as secured/unsecured loans and utility bills.

[rebel11]

Hi Rach

 

Once you've resolved the current issue, it might be an idea to see if you've been mis-sold PPI on any of your loans, but thats for later.

[Rachaelb]

Dear all, I've taken your good advice and filled in a N244 form which I intend to take to the court this afternoon.

I've included an Income & Expenditure sheet, together with copies of all correspondence and would be really grateful if anyone could let me know if what I've said on the form sounds ok:

 

3. What order are you asking the court to make and why?

 

I wish to ask the court to Vary the Posession Order dated 12th January 2010 on the above noted claim no. 8PC27934 or to grant a Suspended Possession Order to replace the outright order originally granted.

 

I contacted Capstone Mortgage Services and their solicitors, explaining that due to extreme circumstances I would be unable to attend the hearing and believe that a suspended possession order would have been made if I had been able to attend.

 

 

I have experienced emotional and financial hardship and am a single working mother with a small child however, I believe I can satisfy the judge that I am able to make both my contractual monthly payments including payments toward the arrears over a reasonable period of time; evidence to support this is included in Section 10.

 

Section 10:

I wish to offer full contractual monthly payments on my mortgage and £120 towards my current arrears.

I have been in contact with Capstone Mortgage Services and a new direct debit instruction under this proposal has been set-up to commence on 1st September 2010.

 

 

I have been struggling to maintain the monthly arrears repayments of £320 due to a reduction in my working hours at the xxxxx and non-receipt of my full maintenance entitlements.

 

 

I have secured an additional 7.2 hours per week (£4,329/year, £302/month), in the xxxx in addition to ad hoc Project Management on the xxxxx and will be receiving £500/month in maintenance.

A statement of income and expenditure is attached.

 

I am the primary carer for my 5 year old child who, after an unsettled period and a stressful divorce has settled into our home, made new friends and is flourishing at the village school.

 

 

If we are evicted, the consequences would be extremely serious, particularly for my daughter.

We have nowhere to go and there are no affordable housing options.

[Debvfm]

I wish you all the best with this. Remember no matter how bleak the outcome looks the Courts do not want to put people out on the streets!!

 

I proved that today, I know exactly how you must be feeling. Hug to you xx

[Rachaelb]

Hi - thanks for that! By the sound of your message it looks like you were successful. I am feeling very upset now as I have just taken my N244 down to the court and have been told that the Judge will not see me, I cannot make an appointment and it is pointless requesting a hearing as asking the court to vary or suspend a posession order is not worthy of a hearing. They will put it before the Judge who will decide himself if he will grant it!!

[Debvfm]

Hi

 

I went along to the Court on Monday and had to wait for the Judge to decide if they would allow hearing. However the Judge did (with an hour to spare before eviction). Have they given you any idea when your hearing might be? If you have a few weeks then you will receive it in the post. I would call them tomorrow to get an answer. Don't get down I have just come through this myself, think positive.

 

D x

[Rachaelb]

With an hour to spare?

How terrible for you!

 

 

How did you get the judge to decide to allow hearing and allow you to remain in your home?

 

 

have you seen what I've put on my N244 - do you think that's enough?

 

 

I've not had an eviction date yet,

just a letter from my mortgage provider that they have asked for one so wanted to act quickly.

 

 

I've already set up an arrangement for the contractual monthly amount plus additional towards the arrears but, despite setting this up with me, the mortgage company won't consider a formal arrangement or stop the eviction process, hence the N244. Trying to think positive but struggling to do so!!

 

Rxx

[Debvfm]

You still have time. By the time we were out of court the bailiffs were already there waiting to go round to my house!!!!! They then had to cancel the locksmith.

 

It was only left to the last minute because NR had played a game with us to mislead us into thinking they could cancel the eviction once they had payslips, bank statements etc. From the advice on this wonderful forum I now realise that I was not legally obliged to give them any such thing. And would never ever play their delaying tactics game again. Once bitten etc.,

 

I enclosed all letter from myself and NR and the court usher rang them to confirm that they had spoken to us which they denied!! She herself could see that we had faxed them just two days before.

 

I would personally go to the court and ask their advice, with no eviction notice they will have nothing to serve on you.

 

Its a horrible waiting game and you are right to wait to pre-empt the situation.

 

Make sure you put EVERYTHING in writing and keep all of their letters to.

[Ell-enn]

Hi there, if you have not received an eviction order then you will have difficulty in getting a judge to vary the suspended order (as you have just found out). If you receive an eviction order that's when you put in an N244 at the court to ask for a hearing to suspend eviction - you should always get a hearing for that.

[lizzyjc]

Hi DEBFM.How long did you have to wait for the eviction notice from when they applied.I am currently waiting to receive it then submit N244.X

[Rachaelb]

Hello, I am hoping someone can advise on a very troubling letter I received today.

 

Bit of history: I have the misfortune to have had a mortgage with Acenden for the last 12 years. It probably won’t be of any interest but I mortgaged with Acenden at the time of my divorce, not knowing any better, not having had a mortgage on my own before and having been told this was the best deal I could get by my ex-husband’s financial broker.

 

A few years later I fell into arrears, tried to sort it out myself but ended up in court and a suspended possession order. Since then, (albeit with a few late payments due to changes in circumstances which I have always spoken to Acenden about), the payment plans plus monthly contractual payments have been adhered to via DD on the 1^stof each month.

 

This morning I receive a letter dated 5^thJuly stating that (I quote) 

 

Since you have not made payments to us as agreed we have cancelled your payment arrangement. You are breaking the terms and conditions of your mortgage.

 

Your mortgage account has an overdue amount of £11950.58 as shown above.

 

Please contact us now on the telephone number above to let us know what payment you can offer to us. If you are not able to make payment in full, we have a team of experienced staff to help you……”

 

The overdue amounts they quote are as follows:

 

Payment arrears: £3105.89 – I thought these were included in the payment plan?

Insurance related charges: £476.05 – no idea what these are?

Fees and security related charges: £8368.64 – totally shocked by these and no idea what these are?

Total overdue balance: £11950.58

 

Checking my annual account statement June 2018 – June 2019 the security related charges and insurance related charges have a balance of zero and there are also no charges under the heading other debts (fees, charges and expenses).

 

Checking the account my mortgage goes out of, on the 1^stof July only the contractual amount was taken out via DD so yes, they did cancel the payment arrangement.

 

My questions are numerous as my head is buzzing, I’m so upset!

 

Firstly, can they just taken it upon themselves to cancel a payment arrangement when payments are being made and reduce the amount of the DD without prior warning i.e. this letter is dated 5^thJuly but they cancelled the payment plan prior to this an adjusted the DD accordingly?

 

Even if they think I’ve not been keeping up with payments (which, checking my mortgage statement I have), should they not issue me with a default notice of some sort or warning that this is what they intend to do?

 

The Insurance related charges of £476.05 and fees and security related charges of £8368.64 do not show up on my annual mortgage statement??? I’ve no idea what these are!

 

Obviously, I will put something in writing to them but wanted to ask what your thoughts were first and if there is anything I need to include in the letter.

 

Thank you!

 

 

 

 

 

[Andyorch]

Simply ring them and ask why they have cancelled the DD for the arrears payment arrangement...put in place by the Court .

 

Insurance will be buildings insurance if you opted for them to cover it....most arrange their own as its far cheaper.

 

Andy

[dx100uk]

get an sar running

I bet the 'debt' is inflated with £1000's of unlawful penalty.visit.letter and phone fees.

 

did you not already have building ins in place?

 

[Rachaelb]

Hi Andy,

 

Yes I will but will also write to them as they are absolutely terrible to deal with so want something in writing.

 

There’s one DD amount which covers the monthly contractual and the arrears which was agreed by myself and Acenden. They’ve adjusted the DD and removed the arrears payments so just the contractual has been made this month.

 

I’ll query the insurance as I have my own which they are well aware of so will need to reimburse me. But it’s the fees and security related charges of over £8k which haven’t shown up on my annual mortgage statement.

 

Again I’ll query these but wondered if anyone else had experienced this before I get in touch with them.

 

thanks 

[Andyorch]

DSAR should throw up a right can of worms .....get it done ASAP

[Rachaelb]

Hello,

 

In July this year I asked for help with Acenden cancelling my payment plan without notice or warning and received some very helpful advice and have also requested a  SAR as suggested. However this is still rumbling on and I am struggling.

 

A little history - back in 2010 a possession order was granted as I had fallen into arrears. This was granted in my absence as I was unable to attend having been in a car accident the day before the hearing. I subsequently came to an arrangement/payment plan with Acenden and they cancelled down the eviction.

 

Over the last 9 years, repayments have been made each month with the exception of two occasions in the last 12 months (October 2018 and December 2018) when my monthly  direct debit bounced because of an issue with my child maintenance not being paid into my account on time by my ex-husband. 

 

As Ive said in a previous post In July this year I noticed that the monthly Acenden  direct debit was less than usual and I contacted Acenden in writing to query this. (Incidentally I always deal with then in writing as I have had many situations when they have denied speaking to me and when requests for call backs have not been honoured so I like to have a record.) I was advised that my payment plan had been cancelled due to the bounced direct debits and the  direct debit had been reset as my contractual amount each month only.

 

I complained about their failure to advise me of the cancellation of my arrangement prior to the monthly contractual direct debit being taken or advise that they needed to discuss my account. Several weeks later, I  received a letter on 6thAugust to apologise about not notifying me before they had decided to cancel the arrangement. I was also advised that (and I quote) “I have spoken to the relevant department who have agreed to reset your arrangement.” 

 

I thought this was the end to the matter but I noticed again in August the direct debit was only the contractual amount. I contacted them to query this and then on 11thSeptember (after yet again September 1st’s payment was only the contractual amount) I received a letter from them notifying me “you have not maintained an acceptable level of repayment

or reached a mutually agreeable payment arrangement with us” so they were going to apply to the court to have the warrant for possession enforced. They also stated they had made several attempts to contact me but I have honestly received no telephone calls and the only correspondence I had other than this was the letter stating my arrangement had been reset.

 

Naturally horrified I called them and was promised a call back from the relevant department. No call was received so I wrote to them on 12thSeptember to complain and ask why (once again) my arrangement hadn’t been reset as stated in their letter dated 6thAugust and why they are taking this action when they have not told me the current arrangement was unacceptable or contacted me to discuss if there were any issues with the arrangement being reset.

 

No correspondence or calls have been received until this morning when I received a letter dated 26thSeptember from the court stating the following:

 

UPON the Claimant’s application (no date) it is ordered that 

 

(1)   The Claimant be granted permission to enforce the Possession Order dated 12thJanuary 2010.

(2)   The possession Order shall remain enforceable for 1 years from the date of the Order without the need for the Claimant to seek further permission from the court.

(3)   Any party affected by this Order must apply to the Court within 7 days of the date of this letter to ask for the Order to be set aside or varied or stayed.

 

Dated 20thSeptember 2019

 

Even if I wanted to apply to the court within the timeframe I can’t because this order is dated 20thSeptember, the covering letter was dated 26thSeptember and today is the 30th!!!!!!

 

What can I do now and what does this mean? I have received nothing from Acenden or their solicitors and they appear to now be ignoring me. It’s been weeks and they have not responded to my letter or called me back.

 

I genuinely thought everything was ok having been told by them that my arrangement had been reset and I see from online banking that once again only the contractual amount has been taken today.

 

 

[BankFodder]

No need to start multiple threads on the same issue.

 

Thanks

[Rachaelb]

Apologies for the unintended 2nd post and any annoyance caused. I am understandably worried.

[dx100uk]

Why not pay by standing order

That way you control it not them

 

Did you ever get all that building ins back

And all the fake penalty charges?

 

Pers id not worry about the let

You can always do a new N244 to stop them trying to repo if they start one again

 

Dx