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.
I have finally managed to open my own thread(thanks EIE).
I have posted many comments mainly on littledottys thread but i will give you a bit of background.
I was took to court last Feb for missed payments. However because i had been making regular payments since the previous October the judge dismissed the suspended repossession request and set it as liberty to restore.
I maintained payments until Sept when to pay for my HIP pack i had to miss the months payment. I also had to take some unpaid time off work in December so unfortunately missed that one too. Although i did offer to repay that over 3/4 months and that offer was declined.
I have been given a new court date of 17th March. I have asked for a Breakdown of arrears but have been told to get this i would have to pay £35. I did receive a letter from TLT Solicitors but that just gives the monthly figure due, the total arrears which as you can imagine includes a lot of charges. Capstone have sent me a letter saying they will not oppose a suspended repossession order if an arrangement is set up.
However i really would like to avoid this and want to know what to do now. As i have not received a breakdown of all charges and missed payments i am struggling to get exact figures together.
Can anyone please advise me as what to do next. Can i apply for the case to be adjourned before the 17th March due to the fact that i have not got the info i requested.Or should i turn up and tell the judge and see what he decides.
As previously suggested uneverdid please contact Ell-en of the site team who will give you full information and forms with reference to the procedure.She is by far the most qualified to give you initial advice and you need to act as quickly as possible with the court procedure as you only have 2 weeks and may be able to avoid going to court if the lender has not followed the correct procedures.Ell-en will help you here.
Let the people know on the other thread by posting that you have started your own thread.I am sure things will work out well for you.
Hi there, who told you that you'd need to pay £35 for a statement? Capstone should supply statements free of charge. When did you last get a statement from them?
You will need to prepare a statement for the court hearing, I can help you with that, but will need some information. I'll look out for you posting so we can get to work.
Ell-enn
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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.
If they won't play ball (Capstone) you might be able to claim that you have an embarrassed defence and get it indefinitely adjourned pending their duty to supply you with full statement information.
God they're idiots sometimes. How's a judge going to look at this? The courts should start getting tough and awarding your costs against them.
Glad you are up and running with your own thread. Will be popping in regularly. In the (probably unlikely) event that any of my advice conflicts with Ell-en's, you should take Ell-ens.
Keep the faith. EiE.
Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law
They claim that they send me regular statements but i can't remember the last time i received one.
All i need from them is a list of payments due, payments made and charges applied to the account. Is this too much to ask? I did pay £10 last year for SAR so i guess i could do this again but i'm not sure if i will get the paperwork in time.
My situation is that i'm a single parent with 2 dependent children. I am in full time employment and can afford the monthly payment due now especially since coming off fixed term with the libor rate being so low. I have offered £50 extra a month and will have paid jan,feb and hopefully march by the court date. My payment date is near the end of the month as fixed by the judge last year.
Do you think there is a chance that the judge may oppose the suspended repo order.
Do you need any further information Ell-enn to help with the statement.
I obviously don't want to post too much personal information on here because of who may be looking in.
I'm surprised you are no further forward. I realise that this is very stressful but it is not insurmountable.
I distinctly remember not getting statements as well. That however was a while ago, and now have several (rather inconsistent) copies of a full statement of account. I also now keep a spreadsheet of their charges and this takes no time at all now though it was time consuming the beginning.
A number of questions will need to be asked here.
Just answer yes or no.
1. Have you now got a date for the hearing?
2. Is it at your local county court?
3. Have they issued the claim papers?
4. Have you filed a defence and income and expenditure on this claim. Is it the same claim number as last time or a new one? Have the filed claim of exercised liberty to restore?
5.Can you make up the missed payments before the hearing?
You will need to be vague. So just YES or NO please and we'll see where we need to go from there.
In the meantime please find my How to fight Capstone Post here:
I just thought you looked a bit lonely and thought I would let you know I sympathise, but I am unsure whether I can advise.
But, it would seem to me that if you can maintain existing payments plus contribute to arrears, then you will certainly be allowed to remain in your house.
The problem is to get proper legal representation as it is not easy to do this yourself.
This is the problem we all have, me included - and it doesn't matter how clever you are, if you are not a lawyer, it is difficult. We all need lawyers but can't get them, it seems.
I am in a vaguely similar situation to you. I am a full time single dad with eleven year old boy - no mum. Today, I opened a letter with an eviction date of March 15th.
BUT, I can pay the current monthly payments via mortgageinterest benefit as I am in receipts of benefits. It just hasn't been sorted out properly yet.
If I get evicted it would be a complete joke. Perhaps we could keep in touch and swop useful notes.
Here is the first bit of hopefully useful info from me. Go to court NOW and get the application forms for putting aside a possession (form N244, I think - the court staff will know).
This needs filling out and filing at court ASAP. Go to CAB - instantly - to get their involvement. It helps, a lot.
Doing all this on your own just doesn't work. (lawyers always employ another lawyer to deal with their own legal/court problems for the very reason).
ps. How do you manage to work with 2 kids ? Do you have help of some kind ? I am totally isolated - no help at all - and I have so far found it impossible to work. I have to say, I am totally desperate to change that though !
Hi, apologies for taking so long to get back to you - I've had problems with my PC locking up and internet connection.
I understand the court date you have is for a restored hearing for possession? you don't have an eviction warrant? therefore you don't need an N244 form, you just need to lodge a statement at court before the hearing.
The first thing you need to do is to write to Capstone asking for an up to date statement - send by recorded delivery and keep a copy for yourself together with the recorded delivery slip. If you need help with the letter please let me know and I'll draft one for you.
You will also need to affix a budget sheet to the statement to show the judge your ability to make the payments you are offering. I have affixed a budget sheet to this post. When filling it in remember that the amount you are offering to pay towards the arrears in addition to the normal monthly payment, is the amount left over after everything else has been accounted for. It's a good idea to print off 2 budget sheets to "practise" on one before completing the final copy.
Once you have completed the budget sheet and have a copy of the letter to Capstone (we need to affix that to the statement too) I can start to draft the statement for court.
Try not to worry too much, if you can show you are able to make payments towards the arrears each month you will not lose your home. The statement can be taken to court a week before the hearing so we have some time for Capstone to reply to your letter.
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Rocket1, it is hard work being a mum and working but so worth it in lots of ways. I am fortunate that i only work term time so have no issues with holiday care etc keep looking and you will get your rewards.
Ell-enn
I have my statement and it roughly works out that £2400 is charges and £2800 is arrears that is 4 months missed at £590 and just over a month missed at £326.
Is there anything i can do to stop them getting a suspended repossession order i really obviously want to avoid this.
I have done an income and expenditure form which i have shown to have £72 left and i have offered £50 a month towards my arrears. I am really annoyed that even though i only missed 1 payment on my last arrangement then continued to pay both jan and feb at the pre arranged amount i have been charged £115 each month, and prob Mar by now as well. So in reality even though i paid £100 off my arrears i have in fact added another £130 onto my arrears. They are still insistent that they are claiming i am in arrears by £5000+ even saying that they can lump together arrears and charges on the court claim.
I think i will be ok doing a statement if you could just give me the things i definitely need to include in this.
Hi there, I have affixed a draft statement for you to fill in the details where necessary ( where there are xxx's). I have assumed the mortgage is in your name only?
On the budget sheet - write the claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the Capstone statement except it will be Appendix 2.
The statement and appendices form the pack you need to hand into the court - take a photocopy of it all so you have a set to refer to in the hearing.
I have also affixed explanation of the Norgan case law quoted in the statement - it is just for you to read, not to be handed into court. This case law gives the judge the power to refuse possession to the lender dependent on you being able to make monthly payments towards the arrears.
Hope this helps, shout if you have any questions.
Ell
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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.
Rocket1, it is hard work being a mum and working but so worth it in lots of ways. I am fortunate that i only work term time so have no issues with holiday care etc keep looking and you will get your rewards.
Ell-enn
I have my statement and it roughly works out that £2400 is charges and £2800 is arrears that is 4 months missed at £590 and just over a month missed at £326.
Is there anything i can do to stop them getting a suspended repossession order i really obviously want to avoid this.
I have done an income and expenditure form which i have shown to have £72 left and i have offered £50 a month towards my arrears. I am really annoyed that even though i only missed 1 payment on my last arrangement then continued to pay both jan and feb at the pre arranged amount i have been charged £115 each month, and prob Mar by now as well. So in reality even though i paid £100 off my arrears i have in fact added another £130 onto my arrears. They are still insistent that they are claiming i am in arrears by £5000+ even saying that they can lump together arrears and charges on the court claim.
I think i will be ok doing a statement if you could just give me the things i definitely need to include in this.
Thanks again for all your wonderful support.
UNEVERDID
You must challenge them to produce and justify the true arrears figure at the hearing.This has been done before and been successful as in ell-enns statement template above..The judge in the last case told them to sort the proper figure out and would not give a suspended repo.
Also try your best to get cab,local law centre or anyone to speak for you to relieve the burden as crapstone pointed out on the other thread.
YOU MAY BE ABLE TO AVOID THE SUSPENDED REPO IF YOU DO THIS.
I WILL TRY AND POST GWENS ARGUMENTS THAT LED TO HER SUCCESSFUL AVOIDANCE OF THE SAME.
Hi i have done the statement, however if at all possible i don't want to agree to let them suspend the respossession. I want the case adjourned whilst they sort out the figures. IS THIS POSSIBLE ???
Incidently the property has been on the market since oct 2008 with no joy, as it stands at the moment i will just about break even with solicitors fees and estate agency fees if it sells for what it is on the market for.
Should i mention this to the judge that i have felt it necessary to put the house on the market due to the pressure and strain of capstone harrassing me all the time.
I have also misplaced the letter from capstone informing me that they will suspend the repossession if an agreement is arranged. How vital is it that i have this letter with me on the day.
You might (and only might) get the hearing adjourned if you can give the judge evidence that the arrears figure the lender is claiming is wrong - I've known judges adjourn a hearing while the lender brings the correct figures to the court - but it will all depend on the judge on the day.
Did you write to Capstone asking for a statement as suggested in a previous post? or do you already have a statement showing charges?
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No strangely enough a statement appeared on my doormat which details all the charged and payments made on the account.
However there are some amounts that im unsure about
ie. my monthly payment was some months £352 when i came off fixed rate and the libor went down, but the payment due is showing as anywhere between £365 and £392 so when i actually thought i was paying £50 off my arrears i wasn't. When i queried this last year capstone repeatedly said over the phone that they could not see this on their screens so did not understand what i was on about.
Should i bring this up in court also the amount the solicitors are claiming on their paperwork doesnt even equate to the total amount due as per capstone statements. It is less but it does not represent the total claimed by capstone less the charges which i though it may do. (hope this makes sense).
Looking right back to my mortgage offer i have also noticed that the photographs the surveryor sent in were not even of my property so not sure if i can do anything about this - clutching at straws now maybe.
Another thing is my original account number has magically changed over time and capstone now use the same one but with some digits before and after it.
So i have my statement letter, my I and E, and a copy of capstones statement highlighted all the charges and totalled them up and minused them off the amount capstone are claiming i owe. Is this correct. Is it necessary to send them to the court before the date or can i turn up with them on the day.
You should insert the following paragraph into your statement as a new bullet point (probably after the para where you make your offer of payment).
"I wish to bring to the court's attention that I am unable to reconcile the arrears figure the Claimant pleads, as arrears charges have been added to the arrears thus making the situation look more severe. The true arrears are circa £XXXXX. Please see affixed statement, Appendix ? "
Give the statement an appendix number in the same way as your budget sheet.
Affix the statement, budget sheet and any other appendices together and then take a photocopy of it all. Take one set to court this week and keep the other set for yourself to refer to in the hearing.
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uneverdid
THIS WAS A RECENT SUCCESSFUL DEFENCE AGAINST A SUSPENDED REPO.
If you follow the users name back you can see how it evolved.
Hi all,
Thanks for all your support - it helped me get through today!
It went well. They were represented by a local solicitor who was completely uninformed and was just interested in getting a suspended order.
The Judge was reasonable - the usual didn't want to make any decision he didn't have to. He said that he could not take the pre-action protocol into consideration as the original claim was before it came into force, and although he was very interested in the FSA investigation in GMA-RFC, he said he couldn't take it into consideration as there was no concrete info relating it to Capstone/SPML.
But the seeds of doubt were sown and he said he was very unhappy that they had created a lot of the problem because of them not providing information or corresponding with us.
They tried to push for the suspended order, but he said he couldn't grant it as it was too serious a matter to put in their hands when they had shown that their practices were not up to scratch (basically not unless they put their house in order - fat chance). So he has adjourned it generally with liberty to restore to enable us to show that we can make the repayments and advised them to sort out the arrears figure (ie. get rid of charges).
He has told us that if we get to the point where we have paid off the arrears we agree are legitimate, and the FSA has not announced a result of any investigation and SPML have not come up with a more acceptable figure, then to ask the court to list it again and he will look at whether the charges are legitimate. Basically he made it very clear to them that he expected them to sort it out of their own accord to prevent him having to do so.
So we now just have to make the repayments which isn't a problem and hope that the FSA come up with a result in the next few months, so that we don't have to go back and fight it out again.
Thanks again for everyone's help and good wishes and if I can help anyone else, please ask. Guineverewithattitude
Basic Account Holder
Just click on the name and you will see how the case evolved from start to end its not many posts.
If she can do it,you can do it,might even be worthwhile sending her a pm.
posted 15/02/10 on main spml thread
The underlined passages are what you both had in common ie lack of info from the lender and the true arrears figure.
Thanks for that last message. I have just spent about 2 hours trying to make sense of all the figures. I have totalled up all the payments due less all the payments made added all the charges on and yet there is still a huge discrepency of around £800.
I have roughly accounted for this amount in the fact that as i stated earlier i have letters from when the libor rates have changed stating eg your monthly payment due is now £320, however on my statement it states that interest due for that month is £360 (rough amounts) but you see what i mean.
So when i have thought that my £50 has been reducing my arrears it hasn't.
How should i deal with this in court i'm aware that i am cutting it fine timewise but i really want to give this my best shot.
I have thankfully found the letter stating that they will not oppose the suspended order if i have been maintaining regular payments, i missed Dec payment due to a close family member suddenly going into complete kidney failure and i had to have some unpaid time off work. I have paid since jan, feb the cmi plus £50.
I am beginning to become afraid now that the judge won't accept this and may even issue a straight repossession order. I know the threads on here pretty much tell the story that this won't happen but i can't help worrying.
UNEVERDID
you should be ok, as I have said any help in court will lift the burden and calm the nerves so CAB ,duty solicitor any help will help you,I've been there.
The worst you can get is a suspended repo and you have the letter which is great.
What you have to try and get over is the doubt about the true arrears figure and large unspecified and unexplained charges being continually added to your account causing difficulty in reducing the arrears..
Submit your own calculations and say the lender will not cooperate with you in arriving at a true arrears figure.That may get you a good response if you can cast enough doubt in the judges mind..
I know you are nervous so get it down in writing in easily understandable bullet points then run the whole thing past Ell-enn.
Capstone/Preferred/SPML
the suspended repossession request and set it as liberty to restore.
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Originally Posted by uneverdid
