meerkatsmimm, Do not agree to a charging order without them obtaining a CCJ first or you'll are giving them the easy option and live to regret it. In my opinion turning unsecured debt into secured is the worst thing one could ever do.

Hi middxx, If you don't have the statements then you can still ask for breakdown of the arrears and send an SAR to your original creditor. If they haven't obtained a CCJ against you then you have every right to tell them directly that you can't afford the payments and send them a new statement of your situation offering a lesser amount. You should still make a complaint to the FOS with regards to the charges as this will delay any legal action against you whilst the debt is in dispute. Unfortunately with an overdraft there is no real proof of the debt to contest, unlike say a credit card or loan that has to have a signed consumer credit agreement. You should certainly ask Connaughts for proof that they are legally entitled to recover the debt. What Connaughts could do next depends on your circumstances and how old the debt is. Work out how much you realistically afford and offer them slightly less than that to start with. They are not going to make you bankrupt for £1500 and depending on how old the debt is it's highly unlikely they would apply for a CCJ, if you make them aware that you are disputing the charges.

Hi Squashy and Andrew, We were told a few years ago that they wouldn't capitalise, when our arrears were only 2 months behind so perhaps they are having to give in. They refused us point blank and said it was something they didn't do and wasn't an option. Well why do they have a specific fee for it on their tariff? If they have accepted your offer then you shouldn't need to capitalise as an agreement has been reached but they will have to put it in writing. As long as both parties are happy then the judge will agree. If you go to the FOS they will have no choice but to refund the charges whatever your situation. Capstone don't like revealing their fees or justifying the amounts when asked to. At least things are looking a little brighter for you but still be wary and remember to note down the time, date and name of anyone you speak to at Capstone.

Hi Squashy and Andrew, We were told a few years ago that they wouldn't capitalise, when our arrears were only 2 months behind so perhaps they are having to give in. They refused us point blank and said it was something they didn't do and wasn't an option. Well why do they have a specific fee for it on their tariff? If they have accepted your offer then you shouldn't need to capitalise as an agreement has been reached but they will have to put it in writing. As long as both parties are happy then the judge will agree. If you go to the FOS they will have no choice but to refund the charges whatever your situation. Capstone don't like revealing their fees or justifying the amounts when asked to. At least things are looking a little brighter for you but still be wary and remember to note down the time, date and name of anyone you speak to at Capstone.

Refuse to deal with the bailiffs. The council want their money and it's in their interest to accept what you have to offer directly without your money going to the bully boys for doing jack. They will tell you the ball is in the bailiffs court but remind them that your debt is owed to THEM and they are responsible for paying and employing the baliffs, not you. You don't say how much you owe but as rough guide to help you our arrears were £2000 + but the council accepted £50 per month plus the usual payments. The only condition is that we paid the arrears by DD but we established a point of contact and they are very reasonable if we are a few days late in paying the current years payments. It's the refusing to pay or contact them that gets up their nose. If they can see you are making the effort they won't bother you too much. "getting your MP and local councillor involved is always a good idea " LOL, tell them they owe more money than you do! Offer only what you can afford to pay regularly and make sure you are claiming all the benefits you are entitled to.

£629.00 seems cheap but it will probably have been sold at auction and they will have taken all their costs out of it for advertising, storage and fees. Your friend should ask for the receipts and a breakdown of the costs, then compare it to guide prices such as Glasses. The actual worth of the car was £4800 so it wouldn't take much to reduce it to that, sad but true now the car market has all but collapsed. Some of the charges don't tally with their T & C's. I'd also look at any refunds due under the GAP insurance and breakdown cover.

Did they give the date of the judgement and when was the last time you paid or acknowledged the debt? Are you sure you have no judgements as these don't become statute barred but can fall of your credit record and the register after 6 years but are still enforceable. Although they would have to show a good reason to the court why they have not followed up it up within a reasonable period of time if you didn't keep to the terms of the CCJ. Which is why you now have an SD, me thinks. They knew they left it too late and would have to explain, so they sold it on to some heavy handed numpty that hopes a scare tactic will do the trick rather than having to put a properly constructed arguement before a judge. Don't acknowledge the debt, the CCJ or the SD. Write back and tell them you haven't the foggiest what they are talking about and they should provide you with proof of the debt. Don't ask for a CCA and don't sign it, just print your name. Politely inform them that you have never had a CCJ made against you and you do not recognise the account listed or it's assignment. There are a few useful paragraphs floating around on threads that refer to harrassment and debt collection guidance so look them up and use them in your letter. If you can't find any or need help then just me a shout and I'll draft something for you that should get them thinking twice about chasing you. SD's are frowned upon at the very best of times and trying to do it when other enforcement options are available, after this length of time, is a no-no.

It's just outlining that FSA are looking at how mortgage lenders are treating customers with arrears in prep. for a paper to be issued in September. Nothing we haven't heard before. By the time they get their backsides into gear hundreds more have been repo'd. I'm wondering if our arguements are going to be looked on less favourably now the LIBOR has fallen and the High Street are increasing their fixed rates? It's putting us on an even keel, although a rocky one as rates were up past 10% including product margins. I can just picture Capstone saying, 'You've never had it so good'. Although I think I'm right in saying it's not about the money, it's the principle of the way we have been treated. Hung, drawn, quartered and left out to dry..

It seems to me too that it's ratio as they infer that 'they' can find no reason rather than following on as you would expect in obiter. Judges are so far removed for the land of the living it's unbelievable that such medieval practices take place, but of course they are self-ruling. It's a pity the 'man on the omnibus' can't set his own wages or pension. The courts are supposed to be 'user friendly' but it's just not happening or at least not for us. Keep smiling folks.

Avanna, If you can get the debt below £750 then they can't make you bankrupt. Your insolvency would be listed in your local newspaper, if it ever got that far. If they were truly serious in following this through they would have at least named the court, or better still secured a CCJ first. I can only speak for what I would do and that would be to ignore it and keep a file of all their letters for future reference. I can't see the point in setting aside something that hasn't been served and should be rejected by the courts if it were to be presented before them. It has no court name on it which is the biggest indicator that they aren't going to follow this up. If you own your home then you should take it seriously as, although they are sending out rubbish now they could seek a CCJ followed by a charging order or send out an amended SD. For them to follow up the SD it's going to cost them at least £1000 and they are paving the way for other more senior creditors when they may not get anything back. Send a CCA but don't acknowledge the debt or the SD in your letter. Don't sign it in your usual way, just print your name and don't give them the reference number/account number on their letter or SD. Just put your name and C/O in front of your address or the address you want it sent to. Don't send a cheque, use a postal order.

Ignore it. It's not 'served' and they have made no attempt to serve it correctly. It's one of the poorest excuses for an SD I've seen so far and without a court name it's about as much use as custard in a wind tunnel. Keep this copy safe, you may need it later.

If you have a suspended repo. then throw in that it should not have been allowed under the terms that Capstone accepted it under or what the court allowed, when they knew that their fees would outweigh the gain of the mortgagee. You've been misled if you think that £50 on top of your normal payments is going to reduce your 'arrears' if they continue to apply fees and your arrears consisted of fees in the first place. That £1000 in arrears is going to take 20 months to pay off at a basic rate of £50 per month but then you add on the legal fees, fees applied to the account and interest. Then you add on the fees that they charge you later.. instead of enforcing the repo. order they add on management fees of £115, so your £50 doesn't count for nowt other than your arrears going up by £65 per month plus interest. If you are lucky they add it on to the balance owing but where will that leave you when the time comes to settle the mortgage? The courts clearly state an amount to be paid on top of the regular payments when a suspended repo is given. They allow for interest and legal costs. They DO NOT allow for fees to be added as the claimant has the option to enforce the order should the mortgagee fall behind with payments. It's unfair in anyones book if a payment falls short of their 1 month or 1/3 criteria and they apply a fee of £115. How can they? The court didn't allow it. It's a pay up or else you could lose your home, not a pay up or else SPML can keep adding on charges until they eat away all your equity and then go for the kill. The court orders you to pay X on top of your regular payments. The contract has been breached and is now subject to the court order. Any variation needs to go before the court.

Make the government ministers squirm when all this is put to them. We don't have second homes and we no longer even enjoy the protection of the courts. On a lighter note....with the amount of motions passed in the House of Commons in the past month, they could hire all the sacked Total employees as cleaners and they still couldn't get to the bottom of the s***. Did I say I was rubbish at making up jokes? I used to be terrified of the postman bringing letters from Capstone and SPML but this far in it's nothing that can't be dealt with, so I can afford to smile now and again.

I don't think I'd be voting BNP anytime soon, just for the record. I want to see eyes on the consumer and our real world, day in and day out, not just overnight scandals that slip in and out of the media. Unfortunately I can't get all dramatic and say it's all too much for me so I'm going back home or stepping down from Office. I'm stuck with this. Rocket1, You have to dig your heels in and not give up at the first letter. The local authority has a legal duty to house you despite what they will tell you, although it may only be temporary. Not being able to able to repay your mortgage is not making yourself intentionally homeless unless you had the funds to pay it but didn't. ....................... The only people I have seen prosper is those that lie, screw and abuse the system. Honesty gets you nowhere but I'd rather live like that and at peace with myself than having guilt on my shoulders. ....................... EIE, '11. JUST THROW THE BLOODY KITCHEN SINK AT THEM WHILE YOUVE STILL GOT A HOUSE WITH A KITCHEN.' Lol, too true! Don't forget to add that after 2 years of investigations into the initial complaints to the FOS, you then have to start again for anything outside of that and make a fresh complaint. In this game the ladders are very short and the snakes are very, very long. It costs nothing to say a 'please' or a 'thank you' and be polite. It's a value we have lost as a nation and has been replaced by the 2 fingers up sign in all sectors. I've sent Capstone a LBA for them to gleefully peruse and they aren't going to be happy bunnies. It's not acceptable that they have given a final response to a complaint and then want to start the whole process again when proof was given that they were lying. Do they honestly think I'm going to sit back and do nothing or follow their ever decreasing circles?

A lot of people that work for Consumer Direct come from Trading Standards backgrounds and reply is correct. Did you declare tax on your 'earnings'? One thing you should know is that it's not uncommon for adults to sign up and then try to pass it off as a contract made by their children which they were unaware of and are not liable for. They've heard it all before and in a recent case a person was prosecuted for selling goods on E-Bay that they didn't have but tried to blame their teenage son. It didn't take long to track the money down and the process involved.

Lloyds have now put it in writing that the restaurant is solely to blame, which simply isn't true. £15 was missing from the account according to the ATM and an online check but Lloyds are insisting all the money was available. Their reply was patronising and said what a good saver they were and not to use ATM's which charge. If that's the way they treat their future investors then they will come unstuck.

It usually only takes a couple of days for the courts to send letters but you could always try calling them and asking under the claim number for anything they have logged on the computer. The sooner you know the better as it gives either more time to prepare for the next step or a bit of relief in not having to fear the postman. Fingers crossed.

It usually only takes a couple of days for the courts to send letters but you could always try calling them and asking under the claim number for anything they have logged on the computer. The sooner you know the better as it gives either more time to prepare for the next step or a bit of relief in not having to fear the postman. Fingers crossed.

Without ranting..lol Another point is that Capstone and other companies are using legal executives that are ill-prepared in the court room. They can't answer questions put to them and don't have the relevant paperwork so why does the judge always side with them when repossession should be a serious matter and used as a last resort? So far it's been about the lenders applying for repossession but something must be done about the judges that are rubber stamping it without looking at the true facts or the applicable law. Tomorrow is another day and hopefully one of will get a breakthrough.

The law is an ass..... Have babies at 16, win the lottery but you can't buy cigarettes, alcohol or drive a car. You can't vote but we can still tax you... Buy a house, better yourself, get into trouble and it's tough luck..you should have stayed on that council waiting list..there were only 500 refugees ahead of you that wanted to live on a crime ridden estate on the 10th floor in a block of flats. I wouldn't mind if we had led a lavish lifestyle but most of us don't. The debts rise when we can't pay the bills because of inflation or reduced income and not through exotic holidays and luxuries. Not to mention the fictitious charges the sub prime lenders dream up just to get back their asset. Rant is really over..sorry.

The problem is that they know we are in financial difficulties otherwise we wouldn't have incurred arrears or charges with our banks/mortgages. They know we can't afford to fight back and appeal individually as the costs can be tremendous, even compared to losing your home. You more or less know if you lose that bankruptcy would be your only option even if you could raise the money for the appeals in the first place. What really annoys me is that there seems to be a glut of programmes about the 'poor' folks who have purchased abroad for 2nd homes and main ones that are losing out because of the local laws/interest/exchange rates. Shouldn't there be some interest in people who have stuck with this *@&% of a country and are being treat like **** by our own courts and left without any legal representation? Politicians get to keep their 2nd, 3rd,4th homes at the taxpayers expense. Romanians get front page headlines when they are harrassed and suddenly everyone wants to help them! Well what about the rest of us that the news agencies and government just don't want to know about? Just another figure to add to the statistics despite the promise of the already doomed mortgage rescue schemes which none of us would qualify for. We were the cream that the fat cats licked up in the boom. They knew full well what would happen as soon as they were exposed but as long as they could run with the money it made no odds to them. It makes me sick that our own country has allowed this and doesn't give a stuff. Rant over...

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

I'd certainly chase Capstone up on proof of the telephone call in case they try to use it next time. My SAR shows my OH had 'called' them several times and refused to complete their security questions. In that case how did they know it was my OH and why does it then say they warned my OH of the seriousness of not complying with the suspended repo. order in the same conversation? They are indeed liars and not very good ones.

I'd certainly chase Capstone up on proof of the telephone call in case they try to use it next time. My SAR shows my OH had 'called' them several times and refused to complete their security questions. In that case how did they know it was my OH and why does it then say they warned my OH of the seriousness of not complying with the suspended repo. order in the same conversation? They are indeed liars and not very good ones.

Yes,they do come out with some real corkers! I'd just fill in as much as you can and keep it honest. You don't know how long your husband will be out of work for but can say you hope your situation will improve given time. You could also put down any plans on selling the house before the term is up. They won't be able to hold you to it but it may pursuading factor. Oh yes! When this is all over perhaps we can all get together and have an SMPL/Capstone bonfire party. It should be visible from space with the files we must all have from them.