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on*the*case

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About on*the*case

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  1. Write to Capstone for the Redemption figure, and then offer 75p in the £ as a Full & Final. They may take it ....;-)
  2. cher69cher69 This is typical of the way that they operate. Firstly, if you are not in breach of the terms of the suspended order then there is nothing, nothing at all that Capstone/SPML can do, it is an order from the court that they MUST abide by. Keep a running total of all payments made, with the amount and date to ensure that you are not in breach. Secondly, Capstone/SPML will be charging monthly fees, and claiming that these constitute arrears, they dont. The mortgage arrears are the difference between the contractual monthly payment due and the actual amount that you have paid. Make a running total of every monthly mortgage payment due since the start of your mortgage and every payment that you have made, the difference is the 'arrears of mortgage' and is the only amount that the court will recognise. Write to Capstone/SPML heading the letter COMPLAINT and outline what you have calculated the true arrears figure to be, demand an explanation for any difference ( and additional interest on mortgage arrears does not count). Demand confirmation that your additional payments are being used to reduce your mortgage arrears and are not being applied to the payment of charges. Await their reply with interest, because it will be full of tripe and waffle. Good Luck
  3. Yes & Yes. Far too much gripeing & whingeing. Lets just keep focussed on what is really important.
  4. Then challenge them:mad: A nice letter headed COMPLAINT, stating your complaint, asking for an explanation and demanding that the outrageous charges are dropped. You can do it:-)
  5. Capstone are notorious for their behaviour over excess fees and charges. On the Witness Statement they were probably described as a Mortgage Shortfall. There are two issues here; Capstone attempting to present charges as arrears and the 'fairness' or not, of the charges. The charges are NOT arrears. The arrears are the shortfall between the Contractual Mortgage Payment and the actual amount that has been paid. Additionally any amount paid towards the arrears, should be applied by Capstone to reduce the arrears. Regarding the 'fairness' issue, GMAC was recently fined a very large amount by the FSA and also ordered to repay excess charges. It is believed that the FSA is currently investigating Capstone and the associated companies, and as their behaviour is far worse than GMACs, it is expected that the fine will be that much greater.
  6. Capstone are notorious for their behaviour over excess fees and charges. On the Witness Statement they were probably described as a Mortgage Shortfall. There are two issues here; Capstone attempting to present charges as arrears and the 'fairness' or not, of the charges. The charges are NOT arrears. The arrears are the shortfall between the Contractual Mortgage Payment and the actual amount that has been paid. Additionally any amount paid towards the arrears, should be applied by Capstone to reduce the arrears. Regarding the 'fairness' issue, GMAC was recently fined a very large amount by the FSA and also ordered to repay excess charges. It is believed that the FSA is currently investigating Capstone and the associated companies, and as their behaviour is far worse than GMACs, it is expected that the fine will be that much greater.
  7. Well done. Its tough, but with help you did it. I hope you feel proud. Capstone really are a dreadful mob, dont let the issue of the arrears charges go unchallenged, there a lots of people on here going through the same process.
  8. Well done. Its tough, but with help you did it. I hope you feel proud. Capstone really are a dreadful mob, dont let the issue of the arrears charges go unchallenged, there a lots of people on here going through the same process.
  9. Thanks Yes I am treating the possibility of a set aside as a separate project after the order for sale hearing has been settled. I have cobbled together two defences (for myself and partner). Not terribly elegant, but covers the basics. One good thing is that in the Cabot submission they have attempted to pull a bit of wool, obviously hopeful that the DJ is a bit slow. Well tough luck Cabot, the DJs here are sharp as mustard and wont take too kindly to that ...
  10. sequenci Thanks for responding. The original CCJ was more than 2 years ago, so I will need to prove a winnable case when submitting for a set aside. I will consider this, but not until this application by Cabot for an order for sale has been stopped. My immediate concern is a defence against the application for an order for sale. The facts: The Charging Order is mine. The property is jointly owned, partner not a party to the Charging Order, but is the second Defendant. There is no (or very little) equity. A sale would just cover the the Mortgage with nothing for Cabot. I will be LIP. Case is scheduled for Directions later this month. Any advice on how to proceed, constructing a defence, case law etc very gratefully received. Regards
  11. Thanks for the responses. sleepingdog, yes I have read everything that I can on here:-) The original debt was a credit card with Morgan Stanley assigned to Kingshill No1 who became Cabot. Kingshill obtained an undefended default judgement, then as Cabot obtained an undefended charging order. The charging order is registered as a restriction. Cabot have now applied for an order for sale. The case has now been transfered to my local court. Previously I was unwell and assumed that I had no defence against the debt or charging order (I know better now). I am first defendant as the debt is mine and my partner is second defendant as joint owner of the property. I take the point about challenging the original ccj, but time is limited as the hearing for directions is only a couple of weeks away, and also to do this I would need to present a winnable defence with the application. Is the route for information for a possible setaside via an SAR request or use the CPR rules?
  12. Cabot have an existing Charging Order, this was gained when I was unwell and before I became a Cagger. They have made an application for an Order for Sale. I do need some help with the Defence. The facts: The Charging Order is mine. The property is jointly owned, partner not a party to the Charging Order, but is the second Defendant. There is no (or very little) equity. A sale would just cover the the Mortgage with nothing for Cabot. I will be LIP. Case is scheduled for Directions later this month. Any advice on how to proceed, constructing a defence, case law etc very gratefully received. Regards
  13. Yes they are. Did they send a Debt Advisor in the early stages? Capstone attempted to charge me 4 times for this
  14. My advice is dont accept this first offer. Go through and check and challenge EVERY single charge, line by line. Firstly is it accurate? You know how cavalier Capstone are with their accounting ..... check or request sight of every third party invoice. Secondly is it fair? has the charge been applied in line with Capstone policy .... and then is it fair in FOS/FSA (GMAC) terms? Lastly, you have been charged interest on these charges. Good Luck, in the past Capstone would have ignored your complaint and fobbed you off, now the climate has changed and they want to negotiate. I wonder why
  15. Well done. The eviction on the 9th is cancelled. If it all went horribly wrong at the resumed hearing, then a fresh time and date for the bailiff appointment would be required. As the Judge said 'chase the DWP hard'.
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