Capstone Eviction Order

[indistress]

Originally Posted by sugg1

Hi Ell-enn,

Thank you for your advice i will get a letter done and send today.
We have had our current mortage with capstone for 4 years now.
I don`t think there is any equity in the property.

I will let you know how i get on with capstone.
Thank you again for your advice i am very gratefull.

How did you get on?
My current mortgage is with capstone/preferred I didnt keep up with my order and now I have an eviction notice or pay £3700
Can anyone help me on this?

[Ell-enn]

Hi Indistress, you need to apply to the court to suspend the warrant for eviction. What date is the eviction set for? What are you able to offer as a payment arrangement?

I will move your post to a new thread of your own in the repossessions forum entitled Capstone Eviction Notice.

Kind Regards


Ell-enn

[indistress]

I recieved an eviction notice yesterday and I am trying to find all the help.
My eviction date is 10th July. For a secured loan.
I was in court in Nov 07 for a repossession order and they agreed for me to pay £100 extra per month, I paid it for a few month, then I went on the sick with postnatal depression and fell behind with the payments, I spoken to my my lender (prefered) on the 11th June and went through a budget sheet and they took my bank details to restart a direct debit, I offered on extra £100 on top of the original to clear off the arrears I caused. I heard nothing more from the compant till the 18th June I recieved a letter from the solicitors telling me they put on order in for eviction (letter dated 13th June). I phoned my lender up and they told me I had to pay £3700, I have been worrying about this as I have a 7 month old baby and a 12 year old, I am going to pay something on the 1st of July off my arrears but not the full amount
I have been reading to fill in a N244 form, will it be worth it? And are the judges lenient for homeowners to stay in their homes

Thanks S

[Ell-enn]

Hi there, I started a new thread for you Capstone Eviction Order - I will now merge both posts.

[Ell-enn]

If you are able to make an offer of payment each month towards the arrears I can see no reason why the court would not grant a further suspension. You need to fill in an N244 form and I can help you with that. You can download the form at Her Majesty's Courts Service - Home
Select Forms and Guidance from the menu on the left hand side and then enter N244 in the box. When you have downloaded the form let me know and I'll walk you through it. The most important part is Part C which is what the judge will use to make his decision.

Do you have a copy of the budget sheet you did for the lender? you will need to attach one to the N244 to show you can make the payments you are promising. The fact that you have 2 young children at home will carry a lot of weight with the judge, so try not to worry too much.

Kind Regards

Ell-enn

[indistress]

Sorry Im new to this dont know how to work it:o

[Ell-enn]

That's OK, just reply on this thread and we'll get started on your N244

Kind Regards

Ell-enn

[indistress]

I dont have a copy of the budget sheet i gave the lender but when I done it they wouldnt take in effect my husbands wages as he is not on the mortgage, but when we married I lost £800 per month (widows benefit and tax credits) is it worth putting housekeeping money down from my husband to give to the judge. Thats why Capstone have persued this as they dont think I can afford to pay it........
I am willing to pay £400 plus a months payment on the 1st, should I still go ahead and pay this? Even though they aske for the £3700 will they still take payment over the phone?

[indistress]

I have a N244 form. Do you think I should go to court with a representive ie solicitor

[Ell-enn]

Hi, yes you should make the payment on the 1st July as this will look good to the court and show you are committed. You need to download a budget sheet here: National Debtline England & Wales | Personal Budget Sheet

tick monthly and Windows boxes.

You will see in the income section there is a box for partner's income. When you fill it in make sure you don't underestimate your expenditure - it's better to err on the high side in case things increase in the next few months, or you have an unexpected expense.

Ell-enn

[indistress]

I filled a budget sheet today as I went to CAB to see if I could get advice and I went prepared but they couldnt help

[Ell-enn]

Do you have a solicitor? it would be helpful if they accompanied you - if you can afford it.

[Ell-enn]

Originally Posted by indistress

I filled a budget sheet today as I went to CAB to see if I could get advice and I went prepared but they couldnt help

Why couldn't they help? :o

[indistress]

Said they didnt cover housing give me a number for shelter and they cant help as I am not qualified for legal aid and told me to phone their main line and I cant get through

[JonCris]

Also don't forget to mention Cheltenham and Gloucester v Norgan http://www.creditlaw.co.uk/Cases/cheltenham.htm

[Ell-enn]

Yes, will do - as usual.