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Reposession and capstone


rachebabe1971
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Hi hope someone can help i have a suspended posession order with spml/capstone and have been making my payments until recently i got a letter from them in november telling me i had missed a mortgage payment in july which i had until the end of november to pay i managed to pay £200 of it which left remaining £288 as i had my normal monthly payment and my £50 weekly arrears as well. We had been mamaging but have struggled since august as i lost my job due to being pregnant and then few weeks ago my husband had an accident cutting through a tendon thus resulting him having to have an operation and his hand being in a splint for the next month. I have not been able to pay the £288 and my decembers payment as of yet. i received a letter yesterday telling me that if payment is not made they can go for posession i have contacted them by recorded delivery explaining the situation and pleading for some compassion as i have just had a baby 9 days ago so am really stressed about the situation and dont know what to do. I have found with spml they dont like communicatating they just go straight for court when arrears first arose i asked if arrears could be capitalised mortgage term extended or interest only for a while but no response just straight to court for suspended reposession. I have explained that my husband will be back at work in new year and we can catch up then, also i have ppi but they wont pay out as we have the mortgage arrears i hope someone can give advice as i dont know where to turn i am trying to get a loan but it is hard when yoy have bad credit history no one wants to know.

Thanx for any advice

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Hi there, first of all please don't put yourself into more debt by getting a loan. Did you keep a copy of the letter you sent ? Also, you can print out the signature receipt from the Royal Mail website to prove they got the letter - keep that with the copy of your letter.

 

If they do instigate further proceedings we can help you deal with it.

 

If you have not received a reply from them in the next few days, I can draft another letter for you.

 

Try to relax a bit and enjoy your baby :) I'm sure things will get back to normal for you soon.

 

By the way, what did you mean when you said you lost your job through being pregnant? how did that happen?

 

Kind Regards

 

Ell-enn

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As Ell-enn has said - keep trying to negotiate in writing with them and keep very good records of all your attempts to make an arrangement.

 

Keep on writing even if they do not reply as even if they do not help you the courts will take all of this into account.

 

Only offer what you can afford . If this is a temporary problem and there is a way you will make up the payments the courts will take that into account.

 

Unfortunately certain companies are not getting that message and will carry on with action - but dont let them put you off. Keep on the way you have and you will get lots of help on here.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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hi

 

Have you checked that you actually did miss a payment in July?

 

I also got a letter from them saying I had missed 2 payments but when I checked my bank statements I found I had actually paid and they had been not calling the dd's and then charging me for failed dd's!

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Hi Congrat on the birth of your Baby is it a boy or girl Please dont not worry if you look at some of the threads you will see that we are here to Help Ell-en is a gem and can write great letters, I now its dificult but try to enjoy the baby as Ellen said and have a good Christmas NOTHING will happen untill the new year and if it does you will get all the advice you need here

 

take care Bona

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Hi thank you all for your comments i had a girl and shes absolutely gorgeous just cant enjoy her as much as i should with all this stress. I was on a 6 month contract due to be extended when i handed my matb1 in and was told my contract wouldnt be renewed i was seeing a soliciter about this but then they finished some more employees 6 weeks later so no point in taking it further. My husband is in employment but accident happened at home and ppi wont pay out due to mortgage arrears. If you could ellen would you be able to draft me a letter to send them as ive heard nothing back as yet it would be greatly appreciated. Im hoping they can understand this is only a temporary blip as my husband should be back at work in new year and im looking for a new job in new year i couldnt get one before because who would give a 6 month pregnant woman a job also we will be entitled to tax credits which should help a bit, i dont jnow why i think they will understand as they havnt before.

Thanks

Rachel

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Hi there, try not to stress too much and enjoy your lovely little girl. I'll draft a letter for you either tonight or tomorrow morning.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, sorry for delay - can you tell me exactly what it says in the letter you have received? also, what did you put in your original letter to them ?

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ellen sorry have not got back to you sooner i have been ill with an infection internally on my c section scar, letter i wrote to capstone i explained situation with my husband having his accident and me losing my job through pregnancy reply from them said they aknowledge my letter but they wanted me to contact them by telephone about the situation, hope you can draft me a letter.

Thanx and hope you have a a nice xmas.

Rachel

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Hi there, trust you managed to rest over Christmasy and enjoed your new little girl.

 

I will affix a letter shortly. Can you tell me what you are offering to pay them and when you will be able to make the first payment?

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ellen sorry for delay its just so stressful with a baby whos full of colic im hoping i can pay £200 next friday it depends on my husbands wage he was supposed to get a full weeks holiday pay this week but his boss decided not to pay full wage this happened before xmas as well if i cant pay £200 it will be £150.

Thanks

Rachel

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Thanx ellen it is very much appreciated i have also contacted my bank re bank charges and hardship case and hope they will consider my case as i have over £3500 in charges for last 6 years and anything would greatly help.

Thanks

Rachel

 

did you have any luck with your charges on a hardship basis? I have seen cases where someof the charges have been repaid where the property is at risk.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi there, trust you managed to rest over Christmasy and enjoed your new little girl.

 

I will affix a letter shortly. Can you tell me what you are offering to pay them and when you will be able to make the first payment?

 

Kind Regards

 

Ell-enn

 

Hi Rachel, sorry - I meant what are you able to offer them each month in addition to the normal monthly payment? Are you making payments weekly? how much is your normal payment? They will be looking for a payment plan.

 

Ellx

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ellen i have missed decembers normal payment and also januarys will be due i am only able to pay £150 this week towards normal payment unless my husband finally gets his holiday pay at the moment all we are receiving is my £117 maternity allowance and my husbands ssp which is £78 when hes back at work i can offer them £25 per week im hoping husband can go back shortly i think im gonna try to claim on my mortgage protection even though it says in small print if youve got mortgage arrears you cant also my child benefit and tax credits should be sorted out soon and i am applying for a new job as ive not worked since last august.

Regards

Rachel

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Do you mean you will pay £25.00 per week in addition to your normal monthly payment when your husband is back at work?

 

Also, you say you have PPI with Paymentshield - where in the small print does it say you can't claim if you are in arrears? I have a policy with Paymentshield and I can't see that anywhere

 

Ell

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ellen i have missed decembers normal payment plus the payment arrangement due to husbands injury also januarys is gonna be due i am able to pay £150 towards normal payment this month i will pay more if my husband gets his holiday pay he works for an ****hole who hasnt paid his holidays yet even though hes earnt them. Hopefully my husband will be back at work soon and im applying for jobs, my child benefit has come through and also tax credits should be soon. My arrears were being paid at £50 per week i can probably pay £25 a week. Do you think this can be sorted without losing my home im really worried and im sure my baby can pick up on this as im not as relaxed with her a i should be.

Thanks

Rachel

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Hi Ellen it was on internet that i saw about being in arrears and yes when husband back at work i can pay £25 per week im gonna get an application now from paymentshield to try and claim its worth a try also got letter back from Halifax about hardship case as far as they can see im not in financial hardship but have sent me out a form to fill in which ill do later today.

Thanks

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OK, I'll draft a letter - have you done a budget sheet? If not I have affixed one to this post for you.

 

Ell

Budget Sheet.xls

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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