Cheshirelad Repossessed

[CheshireLad]

while since I've been here, but thought and update would be interesting for others and always interested to hear different opinions. Capstone took the full 8 weeks reply and apologied for the delay in producing the remdemption figure and put it down to a staff training problem and they were very pleased I'd pointed it out to them. They then went on to say they had not received all of the details of my complain but asumed I was complaining about the charges they had applied for selling the property. They went on to say they were entitled to charge what contractually they wanted to.

 

I have now made an offical complaint to FSA and waiting for them to look at it (this week hopefully, they have a one month back log due to the volume of complains)

 

I'm planning on waiting to see which way this goes, the supposed short fall is approx £3700 (of which the estate agents is £2000 more than they told me they charged, and the extra interest is about £500, redemption penalty is another £2000) I have a claim ready to send to Capstone for £1000 arrears admin fee's & charges applied to the account before they repossesed.

 

I also wonder if I could claim the HLC back on the basis they would not have to claim if they got all there money back.

[gizmo111]

I also wonder if I could claim the HLC back on the basis they would not have to claim if they got all there money back.

 

did they have an insurance policy on this shortfall?

Have they sent you a full breakdown of all the costs involved?

Why was the estate agent more than quoted?

[CheshireLad]

did they have an insurance policy on this shortfall?

Have they sent you a full breakdown of all the costs involved?

Why was the estate agent more than quoted?

 

 

We were charged the HLC on the 1st mortgage statement, so assume they had one, I wonder if my case could be to prove it was not required as the property sale price covered the loan, so they got there money back.

 

Capstone have charged 2% estate agents fee, the estate agent concerned told me they charge 1.25% the difference in money is £2k

 

they did give me a full breakdown which I have been though and in total dispute approx the shortfall (which they have have not asked for) they show I owe

[Bona]

There is a facility for you to apply under the possession order for the Capstone to account to a Judge for all the money they took from the sale if you can get it in writing from the eatae agent what they charged your are in you as they paying party are allowed to see all invoices that were deducted from the balance so

Ask them for the eastate agent fees

[CheshireLad]

There is a facility for you to apply under the possession order for the Capstone to account to a Judge for all the money they took from the sale if you can get it in writing from the eatae agent what they charged your are in you as they paying party are allowed to see all invoices that were deducted from the balance so

Ask them for the eastate agent fees

 

thanks Bona, that an interesting point, I want to get feel from the FSA perhaps later this coming week as to how they view my position. I clearly feel Capstone have egged the charges and find the attidude appalling re the delay with the redemption figure as this cost me extra interest for the delay.

 

will update the thread as more info becomes available

 

Cheshirelad

[jansus]

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/174886-kensington-mortgages.html

 

have a quick look at this thread as well

[CheshireLad]

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/174886-kensington-mortgages.html

 

have a quick look at this thread as well

 

wow.. having read the posts on there it sounds like they were written for me!

 

thanks Jansus

 

Mortgages 2 Plc ERC £6k days away from repossession had to remortgage to SPML, then 18months later ERC to them £15k, days away from repossession just manged to complete a sale and pay them off.

now the Capstone charges, I'm going to be busy!!

 

I have requested SAR's from Mortgages 2 plc 3weeks ago. no reply yet( not cash cheque either) and SPML (they have cashed cheque) no reply yet

[jansus]

Work in progress really - its not something we seem to have any definitive answers - and as I said when I try to ask FSA or FOS I just seem to get blanked.

 

But I think all the questions being asked are the right ones!

[CheshireLad]

Work in progress really - its not something we seem to have any definitive answers - and as I said when I try to ask FSA or FOS I just seem to get blanked.

 

But I think all the questions being asked are the right ones!

 

I need to do more research, but what I've read sounds very positive.

 

the FSA say a reply to me is in the post re: my complaint to Capstone. apparently I've not given them a second chance to offer a reply to my complaint........ so FSA will give them a bit more time. J***s they've had nearly 3 months.

Not seen the letter, just what the man told me over the phone so will see.

Thanks Jansus

[Rachie1973]

Hiya

 

Cant really offer any advice, just my support.

 

Ours was repossessed by Kensington May 2008, sold £70k under market value at the time.

 

Touch wood, we haven't heard from them yet regarding mortgage shortfall!

 

Anyway, hope you get it all sorted

 

Rach x

[CheshireLad]

Hiya

 

Cant really offer any advice, just my support.

 

Ours was repossessed by Kensington May 2008, sold £70k under market value at the time.

 

Touch wood, we haven't heard from them yet regarding mortgage shortfall!

 

Anyway, hope you get it all sorted

 

Rach x

 

Thanks Rache, yes you need all the support you can get much appreciated

 

best thing I've found is a low profile no what i mean:)

 

best wishes

 

Cheshirelad

[poppadom dog]

Hiya

 

Cant really offer any advice, just my support.

 

Ours was repossessed by Kensington May 2008, sold £70k under market value at the time.

 

Touch wood, we haven't heard from them yet regarding mortgage shortfall!

 

Anyway, hope you get it all sorted

 

Rach x

Rach - have you asked for any breakdown on fees/shortfall? My mortgage co have not been in touch at all, despite knowing my address and a letter just after the eviction saying I wanted to be kept in touch regardign the sale. My feeling is they will wait a few yeasr for us to get back on our feet and then try and take us down once again with interest added

[jansus]

It is very important that you do keep\in touch with the lender - they should be keeping you informed on the sale /fees etc and I think they have to return to court to obtain a money order to agree the final debt. They then can pursue this and probably will . And yes you are correct there will be interest accruing. How will you be able to challenge any costs or fees or Selling Price if you dont know what they are ?

[CheshireLad]

Update

 

1. The FOS are now progressing my complaint against Cap/Preferred. Will post when I have some news. FOS say could be a while as they have a huge volume!!!!!

 

2. I sent a letter (standard template) requesting the refund of penalty/default charges + plus interest (just under £2000 in total) to Capstone for a mortgage I had with SPML between 2002 & 2003. Capstone replied this morning with standard bull***t, I will be sending LBA on Thursday as thats the end of the 1st 14day period. I intend to issue bang on 28days.

 

I have a question, who do I issue against, Capstone or SPML? do'es anybody have the correct address?

 

3. MortgagesPlc said they would not give me info about my account against my SAR as the account was joint and my dearly beloved had not signed the SAR request. Think they are out of order with this? but have re-submitted.

 

So thats were I'm at, any comments, advice greatly apprieciated.

 

Don't know if I've mentioned this before? and possibly it should be for another thread? I have a claim against Natwest for £7000 bank charges they have acknowleged but I have not taken futher due to test case. I'm aware of the recent announcement. Should I perhaps progress on the grounds of hardship? I do owe them £17k which is with a collection agency but they are not pushing, bit strange really. I presume if I issue they will counter claim our vice versa I could, if they issue?

 

I'd be interested in any comments

 

thanks Cheshirelad:)

[CheshireLad]

can Anybody help?

 

I've just sent Capstone LBA regarding mortgage penalty charges on a SPML mortgage I used to have. I feel sure I will be issuing by month end but I want to make sure I issue the claim against the right company and their reg office.

 

Can anybody confirm should it be Capstone or SPML ?

[midge61]

Hi

 

SPML are registered at the Capstone address in High Wycombe now.

[CheshireLad]

Hi

 

SPML are registered at the Capstone address in High Wycombe now.

 

Thanks midge

 

so as my claim is against SPML i'm right to issue in their name @the Capstone address do you think?

[midge61]

yep your replys will come from Capstone as SPML seem to be just a shell now. According to companies house they have failed to supply their full accounts on time.

[jansus]

Hi again

 

glad things are moving forward even if it is at a slow pace.

 

Reference to your other charges are you aware of the new terms of the waiver with regard to hardhsip cases? If not I will post a copy.

 

I am on another site as well and we are still getting some successes on hardship cases - again hard work with some banks but definitely worth a try.

[CheshireLad]

yep your replys will come from Capstone as SPML seem to be just a shell now. According to companies house they have failed to supply their full accounts on time.

 

sorry if I'm not understanding you, should the claim be issued against Captone in their name or SPML in their name?

 

I just don't want to find I've issue incorrectly and waste time and cost having to reissue.

 

thanks for you help

[CheshireLad]

Hi again

 

glad things are moving forward even if it is at a slow pace.

 

Reference to your other charges are you aware of the new terms of the waiver with regard to hardhsip cases? If not I will post a copy.

 

I am on another site as well and we are still getting some successes on hardship cases - again hard work with some banks but definitely worth a try.

 

Hi Jansus

 

hope your well, beautiful sunshine in cheshire this afternoon.

 

if you could post the info you have or link to the forum that would be great

 

thanks

[midge61]

Hi

 

Sorry for confusion put the claim in against SPML at the same address as Capstones.

[CheshireLad]

Update

 

MCOL when in against SPML for cica £2K, at the 11th hour they submitted a defence saying the claim was statue barred as the charges were more than 6yrs old ( charges levied between Oct 2002 & July 2003) and in any event they were entitled to charge whilst I was in arrears and I had agreed to this when I signed up for the mortgage.

 

I have to submit a AQ by tomorrow and pay another £35 fee, but have received a settlement offer the day before yesterday, offering nearly 50% of my claim.

 

They say the offer is made for purely for commercial reasons and if I don't accept it they will draw it to the attention of the court and that the court could take it in to account when assessing the conduct of a party for unreasonableness if the court uses it's discretion to order costs.

 

my other concern is they are asking me to sign a court draft order accepting their offer in full and final settlement of this matter and any other claim arising out of mortgage a/c no *********

 

Which would give me a problem if at a later date there was an opportunity to make a claim for the £15k ERC I paid when the house was sold with in days of repossesion

 

Any opinions or advice much appreciated

 

Cheshirelad

[saintly_1]

The way round the 'full and final' statement is to delete 'this matter and any other claim arising out of mortgage a/c no *********' and add ' of this claim'

 

Have they not added a confidentiality clause as well ? if so simply cross that out

 

 

saint

[CheshireLad]

The way round the 'full and final' statement is to delete 'this matter and any other claim arising out of mortgage a/c no *********' and add ' of this claim'

 

Have they not added a confidentiality clause as well ? if so simply cross that out

 

 

saint

 

Thanks Saintly

 

no confidentiality clause

 

I am considering the offer to box this off now, against £35 AQ fee tommorrow, a court date set any time in the next 3 months. Then the possible court games etc, etc. And it could go against me?

 

I'm just about to MCOL Mortgage Plc for a similar amount then theres Preferred after the FSO have delt with my complaint.

 

Cheshirelad