The first thing you need to do is find out which court issued the charging order,then apply for a duplicate so you can go over the details.The lender of your mortgage will have this information.You need to do this before you make a decision on which course of action you decide to take.Ring the lender or write to them requesting this information A.S.A.P you should recieve this information in about a week.Once you have this,then you can p.m me if you wish or just post a copy on line as a pdf document.

As for your own particular case the charging order issued to H.F.C. Because they already have the order in place and i assume there is equity in your parents property i cannot see them doing any kind of deal or arrangement.You see they know at some point they are going to get 100 percent of their money back so they are not going to settle for a deal that gives them say fifty.Another,and more serious aspect to this is H.F.C may have been awarded on going intrest on the 14000 So if your not care full you may be in for a nasty shock,it depends on what the judge awarded H.F.C at the hearing.

Hello Kraigo I have just read your thread and maybe i can be of some assistance.Right,a charging order is usually an unsecured debt which a creditor has applied through the courts to become a secured debt on a property.This has been going on for some years now but as more and more creditors have become aware of this option it is now widespread.The creditor registers a charge with the land registry and the only way it can be lifted is through discharge of the debt.Firstly the creditor will apply for an interim charging order {sort of provisional} to give the debtor chance to come to a payment arrangement,if no arrangement is made then the charging order becomes absoloute.For many people who are in debt,charging orders are not usually a problem as its rare that a court would order the sale of the property indeed i have known people with 6,or 7 charging orders on their property,it can give people the breathing space they need to get their finances back on track with the option of lifting the order through the courts after the debt is paid.

No probs,once again good luck.

OK Welshmishy the thing is you wont be able to find any default notice with experien or equifax or any other credit reference agency at this moment in time as your current lender to who Oakwood sold the mortgage to Does not need to be a customer of any credit reference agency.As such until your lender decides to register any default you simply will not be able to find your mortgage on any credit file.But dont worry too much about this as, if they did register notes on your account you would soon Track them down on one or other of the major 2 files.

Right so Mars are using G.M.A.C,s terms and conditions.You say were not otld about the mortgage transfer until two weeks after it had taken place,i really dont like the sound of that,however something tells me that the transfer is legal.Putting that to one side the rest is just a comedy of errors.Now its with the F.O.S theres little anyone can do until you recieve the outcome of their enquiry,good luck with it and like you say fingers crossed,i shall follow the thread with intrest.

Iam probobly not telling you much that you dont already know but ithink its best to set your stall out so to speak first then go from there.Theres a couple of questions i need to ask you if i may,in June 2009,your mortgage was sold to Mars from Oakwood homes,were you told of this at the time in the form of letter or phone call,Second,did you recieve any terms and conditions from Mars after you were told there would be no change in terms and conditions and if so wre those ts and cs different from Oakwoods

In short these crooks are trying every trick in the book to take your home from you and leave you paying for years for something you know longer own while they offload mortgages from their books at a profit.You see when they bought you mortgage they had no intention of letting it run its full course,they bought hoping to offload it in what 5 years tops.

Your assumptions about this company are are spot on.They buy a mortgage or mortgages and then add on ficticious charges with a view to repossessing the properties at the earliest opertunity.That way the morgage is settled,they take their cut and the borrower is left with a shortfall of thousands for which any dca can chase for up to 12 years after the property has been to auction.

Mars Capital is the trading name for a group of companies formed 8 years ago.They are based in Trinity Lane south east London.They deal in what they term as distressed mortgages in other words they buy mortgages which are in arrears both private and business properties They are registered and have a license to issue e-ds1 that means they are able to register a charge or discharge a charge with the land registry office.I have done some digging and they have offices throughout europe.

Hello welshmishy,i stumbled on your thread by accident this evening.You thread makes intresting reading.It highlights the problems of securitisasion {the buying and selling of mortgage securities} for the borrower.You like many others are suffering at the hands of these companies which are intent on adding charge after charge to inflate arrears figures then attempt to go for the jugular in the form of repossession.You have much good advice to date in dealing with these,well crooks!!!. But it would help to know who your dealing with for a start.

Great news rightinit,the courts must be getting short of patience with Capstones by now surely.Although this was a worry for rightinit the whole procedure amounted to a waste of the courts time.Capstones action should never have been taken out. I agree with actionsnotwords these cowboys should be fined and closed down,as he says,how many other families have they put through this misery all in the name of reducing their mortgage book.Congrats once again rightinit you deserve that drink:)

Thanks Ell en and thanks again for that info of course im no expert in repo.s but like all others on this site,im just trying to give something back to consumer forum as it helped me so much,so any knowledge anyone may offer is much appreciated,thanks again.

Just a note to web2005 when you read this i would go with s.36 Ell en is spot on here because i know from past experience you are always taken more seriously by a judge and your defence is looked at more closely if you can back up your defence with case law.Its worth a shot and if i were you i would seriously consider this way forward,just might,and i mean might give you some space to get yourself back on track.

Brilliant, s.36 i hadn,t thought of that,would at least buy some time and yes your right it is worth a try. web2005 would need to find employment pretty quickly but a possible 3 month breathing space can sometimes be enough .Lets hope web2005 gets a sympathetic judge,but thats the way i would go.Thanks Ell en.

I know this is clutching at straws but this tack worked for me.

Thanks Ell enn,Iam with B.M and they do add on charge after charge when in arrears.Its only a thought but im just wondering whether B.M would agree to extending the term of the mortgage to bring down the monthly payments,also web2005 could go before the judge disputing the arrears which may buy time to reach an agreement with B.M if the case were to be ajourned.

Can you post some details of the account,reason being that there just might be a way out of this without loosing your home.

Web2005,just as a matter intrest how much are you in arrears?

sorry i couldnt get back to you sooner Pat2010 look this issue of insurance is just a pure [problem], most banks or building societies would not bother who your insurance was with, just as long as you were covered. Actionsnotwords has it spot on when he says regarding Capstones there is a pattern emerging of underhand tactics to gain repossession of peoples property. It seems Capstones are trying to clear a large percentage of their mortgage book as part of a winding down process and repossession is their first tactic in doing this. As you know you are just one of many being actively persued by these shysters for money you dont really owe, Capstones are just adding charge after charge to artificially inflate your arrears figure so it looks better for them if they go to court or rather when. Ell enn is right when she says you need to be prepared for court action After reading your posts any outsider can see they are trying to bleed you dry, making you pay out hand over fist with the the threat of repo. Think about it 1300 is not alot of arrears. Read the threads on here its minor arrears compared to many so your right to be suspicious so heres what i would do. First go through your statements see how much you have paid in charges. Send in a subject access request letter asking for all the information they hold on their records concerning your account. Under the data protection act they have to provide that within 40 days. You will probobly have a paid a considerable amount in charges alone. When they recieve this they will know you mean business. You need to start and turn the tables with these crooks I would also pen a letter to the F.O.S outlining your case and the way your being treated, that way if they do decide to go for repo you can say the arrears is in dispute Start to get one step ahead. It hasnt got to court remember but you can bet your bottom dollar they are working on it however i couldnt see any judge granting them repo with 1300 arrears and you having the ability to pay it off.Remember, get prepared. Keep all records of contact with them in case you need them at a later date, take down names and times of any phone calls. Save emails and keep copies of any letters. Dont be bullied into making payments which leave you short of cash, in my experience a repo hearing saved us a lot of money, at the moment. These people are out to fleece you and still take action. Pay what you can afford if they are not happy with that then take them on in court. Fight back pat2010. Just had a thought, if your account has been passed to their solicitors {DONT BELIEVE ALL THAT THEY TELL YOU} Then being as your experincing financial difficulty at the moment decrease the arrears payment a little ,most courts see a reasonable time to pay off any arrears as between 3 and five years although it can be even longer to be honest i would be paying no more than 75 a month of the arrears. That gives you a alittle extra to play with during this hard time ,if they refuse make the payment anyway as it shows commitment to paying off your arrears. Of course its better to pay of any arrears sooner than later but why skint yourself when theres no need too. 75 times 17 is 1300 quid thtas less than two years plus when things start to improve financially you have the option of paying more. Read through welshdragon v mortgage express.

Need to know the details of the agreement which survivor made,thanks.

Hi Angel 1 Can you confirm the agreement which was made in court at your freinds hearing.

Hello Pat2010 this Capstones company really are a peice of work it seems they are actively trying to repossess your home come what may. I read your post, if the arrears were 1300 two weeks ago, wheres the 600 extra come from. I dont just smell a rat here , its dancing before my eyes doing circus tricks. You can bet that the 600 extra is charges added to the arrears to inflate the arrears figure. Have you worked out what charges have been added to your acount since you first experienced financial difficulty. It would be worth sending them a subject access request letter stating that you want copies of all the information they have on record concerning your account. They have to send that to you within 40 days by law. Make sure that when you do contact them by letter or email you keep a record of all correspondence. If you have had unfair charges added to your account i would pen a cletter of complaint to the fos, i believe they are investigating a number of complaints concerning Capstones.

Some fantastic advice from all of the above,im still learning everyday myself even though my eviction was susupended and the judge gave their side a real ear bashing.Just one thing to add,it seems that when a defence statement quotes case law and points of law and you stand back emotionally from the case the judges seem to respond more favourably to claimants,its as though your in their back yard so to speak.So it pays to get all the facts down and take time to make sure all the paperwork is correct facual,and to the point.Thanks to actionsnotwords and alot of other people on this site we are all getting clued up as to our rights and how to defend them when the chips are down.Good luck rightinit.

Sounds a bit fishy to me,im with Barclays and i pay my payments the same way as you do and its with the building society more or less straight away.I would challenge them over this.I have read alot of threads concerning Capstones they seem hell bent on adding charges to borrowers accounts.