2nd Charge**WON**

[Ladidi]

My husband and I have a 2nd charge on our home, we got into difficulty and owe them £600, £100 is charges which we will be claiming back. Anyway at the end of February I contacted them and we made an agreement in which we would pay them £300 per month thats £189 for what we borrowed and the rest coming of arrears. I made the first installment there and then with my DD card and said the next payment would be due 31st March when I next get paid. This was confirmed. They have since wrote a letter stating they are going to take us to court for possession of our home. We have NOT broken the agreement, the next installment is not due yet. I argued with them over the phone and stated this, and also stated what they are doing is illegal as we have an agreement in palce and they confirmed this on their computer system I also confirmed we have a letter also outlining the agreement and this has not been broken so they cannot take our home. They argue they can and have instructed their solicitors to proceed with court action to take our home.

Can they do this, even though the agreement in place is what they offered and we accepted and we have not broken this..

[PriorityOne]

This could be just bullying tactics.... it seems a bit extreme for such a small sum. Which company is this ?

[Ladidi]

Capstone...We have a 2nd charge with them, we received a letter off them this morning stating they were applying to court for our house!
I dont know where they get off on this, bt I am seriously thinking of stating, well take me to court and I will have the debt squashed due to unncessary harrassment as payment plan was in place which was offered by yourselves and was more than you wanted and you have the nerve to scream that you want our house!!!

I dont think the judge would take too kindly to having his time wasted when there is payment plan in place and it has not been breached and having his time wasted for nothing, do you??????

[PriorityOne]

You'll be ok as long as you maintain payments... stupid bergers. A letter pointing put that a plan's already in place (by rec. delivery) should suffice.

[Ladidi]

I dont get how they can justify threatening behaviour and saying we are going to go for your house even though you have a payment plan in place and this has not been breached in any way, but for the hell of causing you more grief than you deserve and just to p*ss you off even more, well we have instructed solicitors to obtain your house from under you and your family so there!

Surely to god there must be something or someone we can write to that would heavily penalise people llike these from being allowed to get away with this kind of abuse.

I mean you go into a Doctors or hospital and start threatening their staff cos they wont dance to your tune your ass would be i jail and before the courts with a heavy fine to boot. But these companies can cuase as much pressure as they like and get away with it!! Wheres the justice in that??????????

[PriorityOne]

Welcome to the world of "debt" collectors, Ladidi... the whole business has been a stinking mess for ages. Unfortunately, the very people that are supposedly there for us to complain to are often part of the same "old boys' network" and will look after their own.

Things are slowly changing, but it's still an ongoing battle...

[Ladidi]

Good Evening all.

I have an update on the above re second charge with Capstone Mortgages.

On Friday whilst at work post arrived for myself and husband. They have filed to court for our house and yet "NO" broken agreement and payments have been made as agreed. We called them in February when the arrears were £600. I offered to have them cleared by end of March. They informed this was not necessary and offered me a payment plan of paying amounts due £193 plus £100 more to pay off arrears meaning they will be cleared by july/august. So total agreed was £300 per month.

I have read the court papers and the solcitors acting for them have filed incorrect information.

My first mortgage is up to date and the second charge have confirmed with me that as at the end of march 2008 we only owed them £290.56 plus this months payment of £193.00 so total is £482.33 meaning nothing more is due until 1st May 2008.

We spoke to a solicitor who informed us that as the arrears are so low and that the papers filed have inaccurate information on them they have acted incorrectly.

She advised us to pay the total ammount due and speak to the solictors and ask them to remove the court fees and their charges from our balances owed. I have spoken them and they wanted me to put it writing. I lost my temper and said tell you what this your fault the inaccurices have been filed we will see you in court as they are not prepared to remove the court fees and their fees from our account she also said to me, please bare in mind if you force us into court there will be more charges applied to yourselves!!! Cheek of it!! I said dont threaten me, it is your fault we are in this mess, you have file incorrectly and you want me to write to you to put it right??? I`ll tell you what see you in court! We will see what the Judge has to say about this mess!.

We have paid amount due and paid to date I have reference number confirming payment made. I am going to wait for it to show on my bank account statement then ask the second charge to send me a letter showing account now cleared. I have also instructed Capstone to send a letter which shows agreement we entered into and also a letter showing amount if interest at 30/03/2008 which shows arrears are not more then £290.56 and yet the solicitors have signed a statement of truth stating our arrears are £590 which is a lie at the same date.

Considering they have screwed up big time, can I insist or ask the court that they pay me for loss of earnings due to taking time off work 3 times now to sort this out and compensation for undue distress??

The solicitor we spoke to in person mentioned that when we go to court they we can insist on them having to pay their own fees which means no charges to us.

The date for the court hearing is on Wednesday 14th May 2008. I have asked the second charge to confirm how much was owed when the solicitors acting for them issued ther court papers and they inform me £290.56 at the end of march. Their court papers show £590.56 up to the date of issue of the summons which was 2nd April 08. Although the solicitors statement of truth was signed 14th March 2008.

I have paid total due including arrears and my account now shows nil owed as of 21/04/08. I have to call back in a couple of days for confirmation of this to come to me in writing. I asked the solicitors to remove their fees and court charges as when they filed claim they filed inaccuracies. They asked for this in writing, I informed them I was not about to correct their errors andwould see them in court. When I call back I will be asking them to issue me a statement of account from the beginning to the end ad any charges in there I will be duly asking for a refund.

The court papers also show that balance which I would be required to pay in full as at 31/03/2008 is £14,949.84 taking into account any adjustments for early settlement. This includes £520.13 for solicitors costs and administration charges.

Yet the second charge have confirmed the balance we owe is totalling £13759.47 at 21/04/2008. and they sending me a letter in writing confirming this.

I am going to ask them to issue me with another letter showing the total amount due as of 30/03/2008 to see if confirms the amounts the solicitors have put in the court papers.

Sorry this is so long and I may have repeated myself, but as you will see I am so stressed out and angry that they have audacity to blame us for this mess and make an agreement with us and still have the nerve to file to court adding more stress and money worries to the hard pressed already. As if things weren't bad enough!!!

Does anyone know if I can report these companies to anyone? e.g FSA and solicitors for their failure, such as their body??? I mean there has to be someone who is forced to act as this cannot and should not be allowed to continue. I think it is about time they are penalised the same as they penalise us, when they take us to court and force more money worries and stress onto a hard pressed person when they have already done everything in their powers and humanly possible to act in a fair and just way.

We have to file the papers for court as well..Does anyone know how we fill these in? What do we say?

Thanks for your time in this matter.


Ladidi

[Ell-enn]

Hi there, firstly, don't fill the court papers in yet (and not online either, they have a habit of not getting to the court). You have until the week before the hearing to take the papers to

Write to them (don't phone) asking for all the correct information you need, I would wait until you have their response before completing court docs. When sending your letter make usre it is by recorded delivery and make sure you have the correct department and address of where to send it (some mortgage companies have different addresses for their legal dept). Check on the Royal Mail website a few days later to see if it has been signed for then print off the receipt and keep with a copy of the letter. You will need this if it still goes to court.

In the meantime also collect together proof of payments you have made and if you have a letter from them confirming the original payment plan.

When you have all the information together, we can help you complete the court papers, especially Part 27 which will be the most important.

Get the letter off asap, and we'll take it from there. If you need any help with writing it, just let me know and I can draft something for you.

Incidentally, there is no way on this earth that a judge would give possession to Capstone in this instance. The fact that your first mortgage is up to date is an important factor also.

Kind Regards

Ell-enn

[Ladidi]

Hi Ell-enn

I founf the lettes they sent to me originally. The first one where I offered to pay full balance by end of march and the second one form the sme guy where I agreed £300 per month until arrears are cleared.
This plan was set up in February (end of ) and we are only in April and they have done nothing but pressure into making payments.
We are now paid in full..But I am gunning for their asses

[Ladidi]

I have received letter from the 2nd charge and they confirm that the arrears were less than those that were filed. I found out that when I made payment the company looks at your payments as arrears if they have not received them by 1st of each month. So if your pay is on the 20th of that month and they have not had their payment by the 1st you are looked as at having a misses payment and it is arrears. Also the total balance they claiming that I owe is not correct as they have written to me and shown on the letters that the total balance is no where near what they are claiming.
I am so angry with this company I cannot wait to have them in court and then sue their asses for my lost earnings, stress etc

[Ladidi]

Hi Ell-enn

I have received a letter fromthe mortgage company today. Guess what. They ahve sent me a letter giving and confirming a complete breakdown of when payments were due for moeny owed over the next 6 months and we have been given no where near and the balance was repaid within noth even 3 months. I think the Judge will have a feild day with them when we go to court

I am going to mske them pay for what they have put us through.

I a need of your help tho..

What do i do next?

Ladidi

[Ladidi]

Hi Ell-enn

I need your help, we have received a further letter from the 2nd charge company solicitors. The y ave informed they are still taking us to court and proceeding to obtain our house.

I need to know what information I need to obtain and do for the next step.

Ladidi

[Ell-enn]

Hi there, I can't believe they're doing this

Obviously, you now need to file your defence papers at the court. If you let me know when you are ready to complete them I will walk you through it. Q27 is the most important part and I can help you with that. I would advise you not to file online - it's much better to either take them to the court or send by guaranteed delivery. Once you have done that we can then do a statement for you to take to the hearing which will be an update of the situation.

If you have no arrears the judge is most certainly not going to be pleased with them.

Kind Regards

Ell-enn

[Ladidi]

Hi Ell-enn

Many thanks for your help. I will be free and online in the morning from 9am. Let me know if this is good for you.
Ladidi

[Ell-enn]

Hi there, sorry I didn't get to you this morning - got held up shopping!! (and queuing for petrol!)

I'll be on line for the rest of the day so I'll keep looking at your thread to see if you're on line.

Ell-enn

[Ladidi]

Hi Ell-enn

I am here

Many Thanks for your help with this

Ladidi