Capstone Mortgages Eviction

[indistress]

Hi

I have already got a suspended order for my mortgage account, and I have fallen behind in my payments due to being on the sick with PostNatal Depression. I wrote a letter to them on the 4th July, asking if I could pay my normal £100 and an extra £100 to clear off my arrears I caused. I sent it recorded delivery, they recieved the letter and I got no correspodence off them, till today (6th August). Stating that they are proceeding with eviction. I phoned them up, and the woman on the phone stated I have not responded to their letters and phone calls, they were going ahead with the eviction unless I pay £2000 (rough figure) off. I recieved one phone call of them on Sat 2nd August and I missed the call as I was still in bed (9.15am) and the first letter I recieved was today (6th Aug).
Was wondering would they be able to evict as it is my main mortgage account? Ive already been down this road for my 2nd mortgage but it was suspended.
I have 2 children 12 year old and a 8 month old baby, and I am worried for my family.

Any help would be much appreciated.

Thanks

[Ell-enn]

Hi there, as there is no eviction warrant yet, your best action would be to make payments as you have proposed in your letter. If they do go for eviction we will defend as we did last time. I assume you have the printed signed for receipt for the recorded delivery and a copy of your letter? we will need them to prove you have tried to come to an arrangement.

Just a few questions: are you saying your normal monthly mortgage payment is £100 and you are offering a further £100 on top of that towards arrears? i.e. £200 per month?

If you do a budget sheet does your income and expenditure show that you can afford that payment?

Try not to worry too much - I am sure we can defend this OK, given your circumstances.

Kind Regards

Ell-enn

[indistress]

My normal monthly mortgage is £420, in my last court hearing I was told to pay £100, I have offered to pay an extra £100 on top of that so I would be paying £620 per month.

I dont think I have the receipt no more oooppps But I do have a copy of the letter

[honey5]

hello just me
wondered how you were getting on, having problems with my msn
but im still here and if you need me just shout
best of luck, you know Ell-en cracked it last time so have faith

honey x

[indistress]

Thanks Honey, for the support. Im still worrying but you know me

[Ell-enn]

Do you have the red recorded delivery stub from the post office? If not, not to worry. When did you last make a payment and how much & when are you next making a payment.

Ell

[indistress]

I have a look for the receipt but Im sure it got thrown out, I was going to pay last month but then my wages was short, so June was the last £100 I paid. Have to check my statement to be sure. My mortgage is still getting paid I havent been missing that just fallen behind with the £100's and I am 2 months in arrrears from the beginning of the year.

[Ell-enn]

When is the next payment due?

Ell

[indistress]

Normally the 1st but I cant pay till the 15th and I told them this on the phone this morning.

[Ell-enn]

Ok, make the next payment on the 15th as per what you have proposed, that way if we have to go to court you an show you have kept to what you said.

Ell-enn

[indistress]

I found the reciept for when i sent the letter I cant get on the net much as its my daughters laptop mines broken So I will pay £200 on the 15th and take it from there as soon as I get my eviction notice I will let you know

[Ell-enn]

Good stuff - when you get a chance to get on to the royal mail website, check for the signature and print it off - then keep with the copy of the letter - we'll use that in our defence statement.

Keep me informed of what's happening

I'm sure we can get a suspension on this, so try not to worry too much.

Ell-enn

[indistress]

I still have not recieved the eviction notice yet. But I have been offered my redundancy from work, so I am hoping to get the money next week and paying off my full arrears so I dont have to go to court to get a suspended order. Just trying to work out how long it takes for the baliff to come with the notice and how long I have before the eviction date? Does anyone know?

[Ell-enn]

Hi there, depending on how busy the court is will depend on when the bailiff delivers the eviction warrant. It could be anything between 2 and 4 weeks after that.

Do you know when you will get your redundancy payment?

Ell-enn

[indistress]

Im hoping next Friday 22nd August, have my meeting tomorrow (thurs) will find out then. I get paid monthly and my wages are this week, so i dont know if they pay me next week or not, as there is staff on weekly wages. I dont think I should wait another month.

[indistress]

Will get my redundancy next Friday (22nd) so I will be paying all the arrears in full. Will the mortgage company get in touch with the courts or will I have to phone the Bailiffs?
The strange thing is I still have had no eviction date from the Bailiffs I recieved the letter last tues (5th Aug) from Capstone, would they post the letter if noone was at home?
I wont be evicted in a week will I

[Ell-enn]

Hi there, you will not be evicted in a week. You would have to have received an eviction notice first, which usually gives between 2 and 4 weeks notice of the eviction date. Just wait until you have received the money to pay the arrears. If you receive a notice before next Friday we will deal with it then.

Ell-enn