Oh just a ps the date set is 11/11

Ok here we go again. but this time its a bit different I have defaulted on my secured loan, yes I know I have its just that I have been seriously ill and havent been on top of things, my daughter has been dealing with them, but since I am out of hospitial then its now back to me. Right I have been served, court papers because of the defaults on the account the account has 739 arrears on it but the charges are nearly 1900 which they are saying are part of the arrears.. there are a lot more on the account but still haven't received all of the information back from them I can pay off the arrears, but can I put in a counter claim for the charges to be heard at the same time as I dont have the money for the charges.

Hi Caro Ive eaten and drank loads of fluids, my heads just turned off today, I havent wanted to do stuff today, but Ive been outside and feel a lot better. Im just trying to get my head round all of the stuff I need to do. but Im a lot happier today, just sitting watching tv at the moment. I have loads of questions to ask, but I will get round to doing that in the next couple of days. I am just so greatfull for all the help Ive had so far. Lea has answered a lot of my questions which has put my mind at rest, and has given me a plan of action to do this week. Thanks for your words of encouragement I appreciate it.

oops sorry ediited this cos I posted it twice...

Hi Caro, I feel ill... and acted my shoe size and my age last night. Ive been in bed most of the day, I really really needed it to stay in bed and not think about anything and read my book. I dont feel well ... HI Lea I really have no idea whats been going on, My mum really didnt want to worry me although I feel like Ive been hit with a brick at the moment.. I need to sort all of this out, I have been talking to my Aunt shes phoning her solicitor in the morning to see if there is anything they can do... however, I need to sort out some of the paper work, but thats going to take forever... Hi Ell-enn I was shocked to read through the previous postings, I still need to take it all in again....I think that she thought she was well enough to handle it herself, shes been ok for a while, it was the death of a friend I think that started off this downward spiral, and then the financial stuff got to her big time... Hi Terriersaregreat. I had a great night, I just left it all behind and met up with friends and it was really nice. but Im suffering today, I really should have been a bit more careful but it was so good to be out and about. I have to get my head into gear, I know that the court wrote to say the eviction has been cancelled, I just need to look at everything else, but I really want to leave it to tomorrow so that I can just have a day off, but I cant let it slide now, Im sick of whats been going on... your right about them trying to bully us... I just feel like they cant believe that they just dont care. I know we should have paid but then there are mitigating circumtances at this point.

Hi Caro Its been all of the support thats got me through the last week, as well as specific support, other wise I would have been in the bed next to mums. But tonght Im going to act my age, Im just about finished work, and then Im off out... Hangover here we come.. I will be back on tomorrow, hope everyone has a good night, and thanks again xx

Hi Kitten, I think if it was me looking at anybody elses posts I wouldnt be able to help either... I shocked at how much help Ive had and I never in a million years think I could learn as much in three days. Im eyes are boggling mind you with the thoughts of all this, and reading this site is addictive. but Ive read some pretty interesting stuff thats going to help in other areas as well. thanks for your Huggs... xx hol

Hi again Lea Ive been reading though the thread, I posted the link her, that my Mum wrote earlier. Ive looked at the figures she was quoting at the time, the arrears then looked like it was £2824 it was more because of the charges but the actual arrears looks to be this figure. Now going to my figures as things stand, I reckon she is now in arrears of £2125.. yes I know there are charges on there and the flipping insurance, but going with the definate figures I have Is £2125 which means shes actually reduced the arrears by £700 since november 09 which ok isnt a lot but its going in the right direction. What seems to be going in the wrong direction are the charges that seem to be blowing the arrears out of all proportion. I need to do more reading...

hi Lea Thanks for your reply, you have made the muddy waters Im swimming in so much clearer at the moment. Im buzzing with what needs to be done, and your completely right, I just do not have the knowledge to tackle something like getting the judgement set aside, the whole process so far has terrified me but because ive been able to talk about it and ask the silly questions Ive at least been able to logically put it together. Im reading everything I can at the moment on this site, other peoples fights and outcomes are pretty inspiring. I found this on the profile page, i really should open my own account and use that but it sort of keeps everything together http://www.consumeractiongroup.co.uk/forum/showthread.php?211056-I-know-this-is-a-last-minute-attempt-but-can-somebody-please-help-me..-due-in-court-on-Monday&highlight= The paperwork is a nightmare, trying to find stuff, I was very lucky that I found the file with the previous docs in and that was by accident looking for something in a box by the pc. Ive been in her room and found what looks like 7 storage boxes of unopened letters and there are bags of letters as well, Ive been able to get to the post because shes not around at the moment and Im dreading her getting to it first in the future. its going to take months to sort out the mess. its really funny talking about the letters, she had her ESA medical and got the report which says has no problems communicating and with letters... she doesnt she just hides them... Im not going to rush into things, I know that the charges can be reclaimed at a future date, I need the insurance issue sorted,and getting the arrears sorted, and then taking it from there. my Aunts going to phone her solicitor on monday to ask for help. she has a pretty good relationship with him so Im hopeful if he cant help he will point us in the right direction. Actually now the pressure is off slightly, i.e we are not being evicted on monday, I think Im quite enjoying trying to be proactive and sort things out. as I said though I just wish I had known how bad it had got, and wish that she had talked about it...

I have just read your post again, I keep having to re-read everything, My mum must have defended the orignial hearing herself, as far as I can tell, I found some of the original documentation from that hearing. She was sick at the time, and on ESA. I really dont quite understand what she has done and hasnt done.

Hi Lea Im looking at solicitors now, can you answer me one question thats keeps going round in my head If we get all of the arrears paid off, does the suspended order still keep going, or would we have to get it set aside? because for the next couple of months Im going to try to pay off as much as I can. Im shocked that £2500 or the "arrears" are charges, and there is at least £400 for the insurance we didnt ask for as well. I just wondered if it went away when everything was clear or if we had to get it cleared.

They lied about when it was stopped, they said at 9am... however, the letter from the court stated 3.07 pm

just got a letter from the court and their solicitors... its been stopped

Hi DD Just another quick note, I am amazed at the knowledge the people of this site have, I realise that had I not found the site when I did then I would never have been able to sort out all of this this week. relief. My mum must still come onto the site, as I said her password was stored so it logged me on, but I dont know if shes been helping or just lurking and reading. I have subscibed to the twitter feed, so Im getting all of the updates on my phone now, so going to keep reading. I dont know what I can contribute but you never know. Im pretty happy today, but this is going to be an uphill struggle, i may have got away with it this time but if I cant help sort it out its not going to be long before they are doing the same again. God, nightmare, but never mind one step at a time and the future may just get better. because if its good for mum its good for me. Thanks again.. thats me away to work... Hol

Lea, I know I now need a solicitor, and Im going to need help with a defence. I need to get the insurance issue resolved, but I will post a letter off to them to tell them to get it sorted, thats will reduce the arrears. I will look at the templates etc tomorrow and get a SAR to them for both accounts to see exactly whats been going on there. do I need to ask for all the information they have on their computer. Daunting this is going to be but I feel so more optimistic than I did at the beginging of the week, and I have the time to try to sort this rather than having to spend tomorrow trying to pack up the house. Right Im off to work now, I just wanted to sleep this morning, never mind I will keep you posted. thanks for your help Hol

Hi Everyone, thanks for all your encouragement, this is just a quick update I need to leave for work in a few mins. We have had two letters this morning, the postman has just been, one from the court saying that at 7 mins past 3 yesterday afternoon the mortgage company faxed them and withdrew the Eviction. along with that was another letter from the mortgage companies solicitors saying that the eviction appointment had been withdrawn. I dont know what to do from here, I feel a bit cheated it feels like they only withdrew after I filed, they had said nope its going ahead to me no matter what the day before, then they said it was too late to cancel and all of that rubbish. I had got it into my head that at least this was a formal way of going forward for the next couple of months. So does this mean I dont need to go, if the letter is from the court then I suppose its safe enough to not go. and does this mean Ive won this round of the fight with them, we still have our house for the time being... (Huge weight lifted off my shoulders) But I wanted to go:-D

Ascenden / Capstone Mortgages.. They cancelled mondays eviction allegedly but They are a bunch of bottom feeders and Ive been swearing at them all day. ho hum...

Hi DD. Im not strong, Ive been in bits, if you had seen me three days ago I was a complete wreck, the journey has been so frustrating and if I hear the words, Data Protection Act again it will be too soon. But after all the fantastic help so far Im actually sitting here watching TV and feedling pretty calm... but its all been necessity I need a house for my mum to come home to, I just hope that all Ive done so far will make her feel strong enough to get though what shes feeling.. Im not looking forward to the hearing on monday.. BUT I now feel confident enough to go there and sort it out. and If I can help even one person thats going through this with my account of whats gone on I will be so happy. I cant be the only one that this has happened to. Hol

Lea, I am going to my mums bank on Monday, I really need to get access to see whats happening with it, whats in there, I normally give my mum cash to put into the bank, thinking about it logically, I have their bank details I could set up a standing order from my Mums account to theirs, all I would need to do is put the cash or transfer the money over to make sure its paid. It would also mean that I wouldnt get charged the £5 they are now charging for cash deposits or debit card payments. I just hate the idea of giving them my bank details, and this would solve that problem. Im pleased I dont have to disclose anything to them. another positive thats happened, Ive talked over this with my Aunt and my Nan, both of them are shocked at the state of my Mums affairs, and they have agreed to help me cover the mortgage and loan for the next few months, both of them have said they will try to help us pay off the arrears as well to get this sorted. mind you once thats sorted I have the other mess to sort out. If I can get as much done before mum comes out of hospital I will be really happy, it might make more difference than anything else. Thanks for your help by the way, i really appreciate it.

Hiya thaniks for your comments, I cant believe the help , Lea, Ell=enn and Dx have been unbelievable, and their help has made me more confident about taking this one. In the last two days Ive had more help thank I could ever imagine. I couldnt have done any of this without them. Whats amazed me is that I dont know the people that have helped and they have done it without knowing me, and I will be eternally grateful. Its strange, I didnt know about this site but my mum had, Im using her account because it automatically logged me on when I tried to look at something, and it made sense to keep it under her name so at least she can see what I have said etc. Ive had a journey and a half over the last couple of weeks, but I can see a little glimmer of light at the end of the tunnel now, Ive just got to convince my mum that its there and worth going on to get out into the sunlight. thanks again..Hol

Hi Dx, I will get it ready to go over the weekend, Im shattered at the moment its all taken its toll this week has been a nightmare but there is light at the end of the tunnel. I wondered if there were anyone else was having problems with the compulsory insurance. They were saying today, that it was a legal requirement to provide it if there wasnt any in place, and that it was their right and I know nothing when I said that I wanted it refunded the Fifty quid cancellation fee is whats got me. How come I have to cancel something didnt want in the first place. Its funny though, they havent said anything about a cancellation charge, and they didnt write to tell us that there was going to be and insurance charge they just added it to the mortgage... I asked them to put it in writing about the cancellation charge... I want to jump up and down on them... I so want to go and sit in front of a judge... its become personal, I really want to take this over for my Mum

Hi Dx Thanks for your support yesterday, I decided to start this threat because its a seperate issue. Ive been looking at some of the stuff on here, and Im going to be an expert by the end of this. My learing curves been pretty high over the last couple of days. I hadnt thought about the interest that they have charged me on the insurance payments, I am going to get round to this as soon as the other stuff is sorted, I just wanted ideas on how to deal with this bit of the problem. Cowboys the lot of them lol

i totally appreciate what your saying, I cant sort this out myself, I just dont have that sort of brain, I need to talk to my Aunt about her solicitor, hes dealt with loads of stuff for the family and maybe he can help us or recommend somebody that can help us... Capstone also asked me to pay via direct debit, I said no, i would pay into their bank account so that I had proof that it went in and I paid it, they said that from the 1st of April there is a £5 charge for paying over the counter, or by debit card... they said that the only free way to pay is by direct debit.. or by the internet, but you need to set up an account and only one person can be named on it and only their cards can be used. I really dont want to give them any of my details, I didnt want to be a party to the mortgage... mind you saying that I really really really want to sort this out for her, and the good bit about this whole thing is that I know exactly what shes dealing with now... I think Im going to ask her to write a proper letter of authorisation not just covering me for this period in time so that when she cant cope with talking to them I can.

i realisd that, it may effect her benefit, we declare exactly how much I give her, her mortgae interest payment has been reduced because I am here.. I really need to sit and work hers our, but I still havent got access to her bank account, I need to do that next week

I was going to go, just to make sure that it is cancelled, I really really dont trust them, and if they said that they cancelled it this morning at 9am would the court have let me file the N244?