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  1. i have the claim form do you submit this to the county court to reclaim fees
  2. Hi need urgent help I have had my arrears capped with capstone they included fees I am trying to recover via the Fos. I had a court hearing after requesting the original possession order is cancelled to my surprise the judge could not decide as he didn't have any case law to hand and requested us to come back as we need to set out if the are existing arrears etc. The arrears comprise of huge charges of 85 levied once the payments are later than 13 days of the due date which is the 1st of eve month. can anyone please provide examples of possession order cancelled following payment of arrears asap. Thanks
  3. I have a capstone mortgage, it has a suspended possessio order but the arrears have now been capped. I requested the possion order to be cancelled but the judge wnats a hearing please advise. I am up to date wiht the morgage but was late once and have been charged, this is being challenged with the FOS. I though a letter proving the mortgage was capitalised was proof enough still have to go to a hearing
  4. Hi everyone need some advice on this, I have had a rewrite and signed a new Legal charge document for a secured loan (lodged as equitable charge with land registry) I alone applied for the loan not my wife who is also on the mortgage deeds. Now following a SARS i noticed that the new charge had a witness signature signed by someone in Welcome office and not in my presence either on my wifes sections (she was not party to the loan nor re-write). I have spoken to the land registry who were sayign as my wife was not party to the loan there should not be any witness onthe sceond charge, also i explained that the original loan had been re-written new agreement signed to my amazement she said there is no second charge lodged wiht the land registry. so here is the thing , can the first charge document be used even though that loan has been re-written effectively paid off. if not then ther is not charge at all and as such it is not a secured loan... HELP please on this one.
  5. Hi Can you please help me aside from the spurious charges which will be claimed back before they go bust, i sent a SARS request to welcome finance i did a rewrite in 2008 ONLY myslef attended my wife did not, however i noticed on the charge they had added in a witness signature on my wifes section even thought she was nto present on teir premises nor signed it is this legal? or doesnt it render the charge null and void.
  6. Hi On the case /Ellen can you draft me a temaplate based on the above sap i need to send it off to them . thanks
  7. Thanks very much on the case, they havent sent any statements whatsoever inspite of the SARS it will expire tomorrow so a complaint letter is ready and waiting, it is with preferred, how do i go about getting th eadjopurnment with terms etci will revise the monthly altho it shoudl be ok now havign assessed my finances. right now i am guessing on the charegs based on what they have mentioned to me over the phone so there is still probably a lot more to come out of the woodwork when i get the whole thign any hep wiht wordign would also be gretaly appreciated, thanks very much for you help
  8. Hi Ell-enn please help have a hearing in the next few weeks on a restored possesion the initial was adjourned as we had an arrangement, i paid all on the arrangement except the last 2 months due to financial difficulties in monies owend i ahve reprojected and can maintian the CMI plus arrangment of 150 we ahve in principle agreed a new arrangment payments due the day before the case i wil be paying via standing order though. i have sent a SARS request as i had been informed that though i was paying 150 arrangement they were charging me 150 for late payment on a few occaision one of them was when i had a 10 pound shortfall. They have not send me yhe statments up untill now should i CPR them to get all the documents as i suspect they have made other charges on the accoutn o simply deal wiht this one and get a suspended possession order. I know for a fact that the arrears includes the charges. The original fomr i cat find which one should i down load and also can you please draft me a response in this basis or if any one else can please advise. many thanks
  9. Please advise i have an arrangement to pay at 250 extra per months subject to me capitalising next month, my monthly is 30 august and am short by 400 quid for a few weeks i was told pay balance tonight or else it goes to court requesting full arrears is this possible arent i supposed to be at eats one moth in arrears or am i wrong.
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