Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Page 1 of 2
1 2 LastLast
Results 1 to 20 of 27
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    mich7k Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    440

    Default Spml/capstone Eviction Letter Please Help:(

    Hi guys

    Have just recieved two letters in the post from spml solictors stating that they have written to the court baliff asking me to arrange a time and date for me to be evicted and another telling me a notice that their clients have asked them to enforce eviction????

    I had a suspended possession last September and i have paid £80 each week i may have missed a few weeks to be fair but i think the problem is the DSS because last year they were paying 68per week now its gone down to 55pounds a week when the base rate dropped they changed how much they were paying so i ended up in arrears they kept calling me saying that im now £4000 in arrears because each month there is a shortfall i get charged 115 pounds each month so its never going down just up i am supposed to pay 523+50 to cover the arrears.

    The letter states i can call to stop this by making an arrangement to pay the arrears or another payment arrangement.

    Please help im in such a shock its like there is no way out im on my own with the kids i havent had a holidayicon for over 5 years and a charity paid for me to take the kids away we were supposed to be going away next week but we cant now cause ill have no home

    what do i do next???


  2. #2
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Satoriea Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    Posts
    79

    Default Re: Spml/capstone Eviction Letter Please Help:(

    Hi, Sorry to hear about your situation,

    I owned my home and they also repossed me nearly 2 years ago. I am also a single mum. I tried everything inmy power but they are real *******. Any hows I am not an expert but the only advice I can give you is to write to them and make them another offer that you can actually afford.

    Post a thread or go on martin money saving expert and on here and see if you can get those charges back there are always new loopholes poping up
    . They are exstorinate.

    As for repossession It was 3 months after i went to court b4 i receieved my evction notice, and they still give me chances to pay. Dont be like me and give up.

    What ever you do do not phone anyone you owe money to because they only stress you out even more, put everything in writing.

    I dont know if you are someone who worries about your credit rating if not ask them if they can put the arrears back onto the mortgageicon. I tried this but they also wanted to put up the interesticon rate, but they might act differently to you. What I have learned reading peoples experiences with debt the companies out there they treat everyone different. Where I have had it realitively easy with one company someone has had it hard with the same company.

    Exhaust all your options.

    When you are at the end or your thether pray.


  3. #3
    Site Team Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2007
    I am in
    Yorkshire (ish)
    Posts
    15,607

    Default Re: Spml/capstone Eviction Letter Please Help:(

    Hi there, You need to enter an N244icon application at court asking for a hearing to stop the eviction. I can help you with that but we need to act quickly and I will need more information.

    Ell-enn


  4. #4
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    mich7k Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    440

    Default Re: Spml/capstone Eviction Letter Please Help:(

    ok guys what shall i do next? feel like im crumbling i dont work as i am my son's carer i have two kids im stuck cause even though i pay my bit im always gonna be in arrears can i get the form on monday where do i get it from? thanks for ur advice and help


  5. #5
    Site Team Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2007
    I am in
    Yorkshire (ish)
    Posts
    15,607

    Default Re: Spml/capstone Eviction Letter Please Help:(

    Hi there, please try to stay positive, I know it must be hard but you have to try to get the eviction stopped.

    However, if they are charging £115 every month you are in arrears then the figure they have given you is not the true arrears amount.

    The first thing you need to do is to write to them (I can draft a letter for you), advising them of your position and asking for a detailed statement of arrears and charges. That way you will be able to show the judge that they are not claiming the true arrears. You will need to get that off to them on Monday by recorded delivery.

    I have affixed anN244 form to this post. I will guide you through it and the statement needed for Q.10 which is the important part, but we need to wait for a reply to the letter you send on Monday, we may be able to stop an eviction warrant being issued.

    Stay positive - you'll get all the help you need on here

    Ell-enn


  6. #6
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    mich7k Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    440

    Default Re: Spml/capstone Eviction Letter Please Help:(

    thank you Ellen im really glad for your help


  7. #7
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    mich7k Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    440

    Default Re: Spml/capstone Eviction Letter Please Help:(

    how do i acess the n44 letter?


  8. #8
    Site Team Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2007
    I am in
    Yorkshire (ish)
    Posts
    15,607

    Default Re: Spml/capstone Eviction Letter Please Help:(

    Ooops, it didn't affix last time - it's there now.

    You need to send a letter to them first before putting in the N244icon - I'll draft one for you tomorrow, but I'll need to know what you are able to offer them by way of payment. Also, do you have any paperwork from the DWP regarding what they are paying to SPML and on what dates?

    Let's hope the letter does the trick and we can avoid an eviction warrant being issued, that way you won't have to put in an N244.


    Ell

    Attached Files

  9. #9
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    mich7k Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    440

    Default Re: Spml/capstone Eviction Letter Please Help:(

    Thanks Ellen
    I haven had anything in writing from the DWP as they just tell you over the phone what they are paying i do know that they pay every 4 weeks i have been paying £80 per week its really hard to manage but i thought it was enough cause i make it 320 from me each month plus dwp pay @220 which makes it £540 so i think i may have to offer to pay £100 per week which is an extra £20 from me and request that i can have the mortgageicon change to an interesticon only mortgageicon what do you think my chances are of getting this sorted in the next week?? i fly out on the 23??? im so scared ive even thought of doing the sell and rent back thing but i know its a rip off

    I will call the dwp on monday and ask them to send out a payment schedule and statement of payments sent.


  10. #10
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Satoriea Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    Posts
    79

    Default Re: Spml/capstone Eviction Letter Please Help:(

    Yes ask for the change ito interesticon only t would prob make a big difference, i dont see any reason why they shouldnt give it to you, and having the interst put back onto the mortgageicon would be a light relief.


  11. #11
    Site Team Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2007
    I am in
    Yorkshire (ish)
    Posts
    15,607

    Default Re: Spml/capstone Eviction Letter Please Help:(

    How much is your normal monthly payment?

    If the DWP are paying £55per week and you are paying £80 per week that is actually £583 per month (DWP £55 per week + you £80 per week = £135 per week X 52 weeks divided by 12 = £583 per month).

    You say you are flying out on 23rd?? are you leaving the country and if so for how long?

    Ell


  12. #12
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    mich7k Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    440

    Default Re: Spml/capstone Eviction Letter Please Help:(

    my normal monthly payment keeps changing even though im on a fixed rate when i first got the mortgageicon it was 514.09 then its been going up its now 523.14 +50 towards the arrears they sent me another letter this morning saying its now 523.45 +50 but when i asked before no-one can seem to tell me why the amount has been changed?? one man said it might be because ive got arrears and the term of the mortgageicon hasnt been changed so they have increased the mortgage so it is paid within the 30 years,
    do you think they applied for eviction cause my fixed rate ends in october which means my mortgage will go down cause i will be on a varible rate is that correct?

    Yes the family fund paid for me and the kids to have a holidayicon paid for tickets to go to see family in florida booked to stay for nine weeks cause im not paying for any accomodation it £75 to change my ticket so its gonna cost around 225 if i come back earlier than planned i dont know what to do now?


  13. #13
    Site Team Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2007
    I am in
    Yorkshire (ish)
    Posts
    15,607

    Default Re: Spml/capstone Eviction Letter Please Help:(

    How did you plan to make your mortgageicon payments while you are away?


  14. #14
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    mich7k Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    440

    Default Re: Spml/capstone Eviction Letter Please Help:(

    ive set up a standing order on my account so i would pay as normal


  15. #15
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    mich7k Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    440

    Default Re: Spml/capstone Eviction Letter Please Help:(

    hi all quick update
    I spoke to capstone on monday morning was told that the arrangement was no longer in place did an income and expenditure over the phone and offered to pay £100 per week instead of the 80 i currently pay plus the dwp pay 233 per month, have to wait until today to find out if acceptable.


  16. #16
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    mich7k Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    440

    Default Re: Spml/capstone Eviction Letter Please Help:(

    no news from capstone yet too scared to call them will call tomorrow and ideas?


  17. #17
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    Crapstone Informative Crapstone Informative Crapstone Informative Crapstone Informative Crapstone Informative

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2009
    Posts
    1,644

    Default Re: Spml/capstone Eviction Letter Please Help:(

    You really need to get all this down in writing to them and don't rely on doing it over the phone. Did you send the letter that Ell-en advised, asking for a Breakdownicon of the arrears?

    What was your original fixed rate and what is the product margin?


  18. #18
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    mich7k Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    440

    Default Re: Spml/capstone Eviction Letter Please Help:(

    Hi all
    im not in the country at the moment just a quick update, Capstone would not give me the option to change to an interesticon only mortgageicon said they dont provide any more products.
    Then i went to Shelter who said they could help me and i went to the council, well anyway cut a long story short we went to court on friday the woman that represented me from shelter got letters and spoke on my behalf but the judge dismissedicon the application for the warrant to be suspended so it looks like thats it folks the eviction is due to take place on friday, however i went to the council and they said i might be eligable for the mortgageicon rescue scheme sell and rent back to a housing association, but im abit lost at the moment as i dont know if the application has been accepted plus we will have nowhere to live when i get back home it was supposed to be respite for me and my kids but im stressed more than ever as i cant even get back home cause im unable to change my tickets i asked the travel agent before i left if i could change my ticket return date and she told me yes????

    Does anyone know the process for the goverment mortage rescue scheme? how long it takes and is it true that all action will be put on hold whilst it is being processed? please talk to me guy i really need your help
    I have been paying the standing order every week should i continue?
    How do i get a private rented property do i tell them i will have to claim housing benefit? will anyone take us cause i have bad credit


  19. #19
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    mich7k Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    440

    Default Re: Spml/capstone Eviction Letter Please Help:(

    hi all
    just a quick update im back in uk cut our trip short to get this sorted out, is everyone ok? hope i havent upset anyone if so i apologise as no one seems to be answering my posts??
    Any way Im not sure what to do now as there are no guarentees about the scheme should i start looking at private rented properties?
    I have been paying my 80 pound per week as normal is this right? ask well as the dwp pay @£58 per wk?


  20. #20
    Site Team Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn Highly authoritative Ell-enn's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2007
    I am in
    Yorkshire (ish)
    Posts
    15,607

    Default Re: Spml/capstone Eviction Letter Please Help:(

    Hi, are you still in the property? when was the eviction supposed to be?



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE