Capstone/SPML

[Crapstone]

Don't forget to ask them for the interest to be recalculated if and when they refund the insurance payments. Forget speaking to them on the phone, just put everything in writing (keep copies) and send it recorded delivery.

[bilbo21]

Hi

 

Thanks for the help.

 

they are now ringing me almost every day telling me that I HAVE to pay more, and I am actually making higher payments than what the basic payment is, until the insurance situation is sorted this is £50ish every month and they want more.

 

I did an income and outgoings over the phone and they accused me of having more with which I can use to pay. What they wanted was th emoney I need totravel for my job! This is a kind of round figue in tha what comes in goes back out.

 

Once the insureance is sorted the sum should go up to about £75 over the top to clear the outstanding amount.

[Andrew66]

I am paying £130 extra to clear my arrears each month but now Capstone say they are charging me £115 'Arrears Litigation Fees'. Whats the point of me paying extra but then losing it on fees? What is this for? How do they get away with this and is there anyone I can complain to?

[Jen2603]

Andrew66,

They've done exactly the same to me. I'm in arrears of £804.12 just over two months payments. For this they've charged me a total of £2053.97. Surely this must be regarded as disproportionate.

[jansus]

There is a thread by Goldlady where I think she successfully reclaimed mortgage fees. If you did want to try and reclaim you need to do some careful research. Firstly you need to follow the correct complaints procedure for the lender ( ask for a copy if you do not have one) .It is some peoples opinion that it may be a slightly risky strategy while you still have the mortgage with the lender in case they took retaliatory action. But personally I hope that there are some successes soon as I think IMO only they are very unfair - especially the automatic fees just for being in arrears.Probably if you decide to proceed the FOS would be the way to go.

 

Do a search on mortgage arrears fees and do a bit of reading.

[bilbo21]

Hi All

 

Well I have come the unfortunate conclusion that SPML/Capstone need to be taught a lesson.

 

So with this in mind I am now considering taking them to court!!

 

Now for the hard bit. Like a lot of us on here funds are short in supply, also I woul dneed th ehelp of a very good solicitor.

How many of us woul dbe prepared to work together and get one of us to take SPML/Capstone to court and give them the kick up their backside they deserve?

 

For me the problem is the cost, I have no money, but would dearly like to take them on. Alternatively I am willing to part with some of my very hard earned money for someone to take them on.

 

I am not afraid to go all the way to get this parasite to toe the line and make their charges go down and repay them to the people who have all tried and are still trying to get back on track with your mortgaes.

 

I have just been informed that they have not had my insurance details either from me (which I have sent) and from my insurance provider!!

 

Also they are putting a £50.00 charge on my account which is actually putting me behind (again) and they are going to send a finance advisor to help me sort out my own finances even though I have given them what they have asked for!! and they want to make me pay for the privilige!!

No way fo rme, and I am hoping the same from you all reading this.

 

So if you agree and want to help either with moral support and preferably finacial help let me know. I don't want any money right now as i will need to get some people to work with me (for free) and administer any money, and keep the correct accounting to let everyone see that I am above board.

 

I am thinking that if/when I/we win any money left over could be donated to charity but thats a long way away right now. Hopefully if I/we win we will get the money refunded and they will realise that we cannot be pushed around any more.

 

Time to fight!!

 

George

[jansus]

I really think you should follow the correct complaints proceedure first and complain to the FOS.Court should be the last resort IMO

1) have you made an official complaint in writing about the charges?

2) do you have a full breakdown of the charges plus the interest charged on the charges?

3) are they including them in arrears figures?

Not that I have seen it happen but they could possibly take retalitory action if you do get a refund .What would be your course of action then?

[jansus]

http://www.consumeractiongroup.co.uk/forum/other-institutions/114750-ge-money-secured-loans.html

[jansus]

Fees and charges

 

 

 

 

I did find a page on England Shelter as well about complaining about excessive mortgage arrears charges - but sorry lost it now can not find it again.

[Andrew66]

Well I sent a letter of complaint to them, about the £115 fee, but all I got was standard waffle and a copy of their fees leaflet. So now I will write again and ask again, and tell them that if I do not receive a satisfactory explanation then I will take it further. I'm still being threatened with repo, cos I was late with a payment.

[Ell-enn]

Write and ask them for a complete breakdown of the arrears and charges, if you need to defend repo in court you can show the judge they are not claiming the correct amount - and judges don't like that!

[Lindsey0796]

Please see my posts, I am going through the complaints proceedure now. They have 15 days left to reply before I complain to the FOS. All of my letters are on my posts.

 

My repayment mortgage is £409 per month at the moment. I pay £750 a month to clear my arrears and my balance is not going down at all due to these rediculous charges for nothing!

[Andrew66]

I've just done a letter to SPML asking if I can pay £120 each week, which covers the monthly payment plus a bit. I said I can't see the point of repossessing me when I've got the place for sale and at least 2 viewings a week. Seems like they just love doing it!

[Andrew66]

I also note that the LIBOR rate is now below 1% so my monthly payment should come down as well.

[uneverdid]

hi andrew if u are on a percentage plus libor you should of had a new payment from this month it gets changed every 3 months june, sept, etc

[Andrew66]

Who do I complain to now? Apparently I should have had a court appearance at the end of August, but never received notification! It wasn't sent recorded, so it now looks as if I ignored it! Any thoughts, anyone?

[Crapstone]

Can you back track a little and say what's happened?

 

What was the hearing for and did the lender notify you? None of the paperwork from the courts or the lender would have been sent recorded delivery. You can have any judgement set-aside on the grounds that you weren't notified but you need to act quickly.

[GLADSTANES]

Sir,

 

Please act quickly.

 

Get in touch with the housing solicitor connected to your local citizens advice bureau.

 

Time is of the essence.

 

Gladstanes

[Andrew66]

Thanks for the advice, will be on it first thing. Have written to Capstone to say I had no notification. I wrote because I hate speaking to these morons.

[Andrew66]

Oh boy, here we go again. Just had a call from Capstone saying I had a hearing this morning, with regard to a 3 month rreview. As I knew nothing of it, I wasn't there. Basically they are going to repossess on 18th Jan unless I increase payments. I have contacted the court to get a N245 form to fill in and send back, and have tried contacting CAB but number is permanently engaged, and the other number, no answer. Any advice, anyone? Great timing with Christmas and all that. The gut at Capstone was not rude, but not helpful either.

[Andrew66]

I am currently unemployed, by the way, with a 3 year old. Can they repossess with a child that age in residence?

[Jen2603]

You could try contacting Shelter for help. I used them in this situation and though it took ages to get through on the phone line, everything moved very quickly when I got though.

 

Shelter England - Mortgage arrears

 

Good Luck!

[Andrew66]

Thanks for that, will call tomorrow. Quite interesting info on there.

[Andrew66]

Waiting for form N244 to come, I want to put on it that I knew nothing of the court date and hope the judge comes to his/her senses and puts the arrangement back in place.

[Andrew66]

Spoke to Capstone, as long as I maintain extra £50 per month eviction will be on hold. My question is, I've still received nothing in writing from anyone (court, solicitors, SPML, Capstone) about the court decision on 21st Dec. Is this right? Also going to local Shelter office if not snowed in later this week.