spml / capstone notice of eviction 6th feb

[brassed-off-2]

Hi Looking for some advice...

We have been served with the eviction notice for Friday 6th Feb, we have today submitted a n244 form into court and have a hearing with the Judge for Wednesday. We had previously won a suspended possession order in september to make our cmp plus £250 towards the arrears (now currently £5,600 and climbing with unreasonable charges being added willy nilly), this we managed until november when we came out of the fixed rate, we were not sent any reminders about this untill the last minute and nothing was declared by spml at the hearing infront of the judge when agreement was made for the payment arrangement, we continually tried to advise capstone, reissuing another set if I&E info, they just refused point blankly to re negotiate as per usuall, and now deny all knowledge of receipt. Did start to finally get somewhere (mentioning the fsa treating cust fairly) in a telephone conversation with them yesterday regarding trying to extend term, add arrears reduce mp etc.. we are not in a position to make full payment nor pay this months payment due to possibly needing private accom rent and bond etc. we have a 3 year old child. Can i go into the judge with some sort of defence in relation to the securitisation things/ spml non existance and proove who owns my mortgage etc that ive read on supersleuth and midges threads. as i am not sure who owns my mortgage, clock ticking just grasping at straws now really, and not able to get to canary wharf to view prospectus things (live up north) as we really have fought them all the way from day one, one last fight msy make me feel better this time next week.

[mercyblue]

Are you saying you have a suspended order that you have missed payments on?

You say you came off fixed rate in november. Capstone use the 3month LIBOR and use December as one of their change dates. Now the LIBOR rate was 3% on December 1st so they should be charging you that plus whatever product margin % you have above that. Check they aren't charging you over that.

[mercyblue]

sorry that should read 3.9% was reading the weekly rate not the 3month actually I have had a letter off capstone and they are using 3.91% for december.

[brassed-off-2]

Its funny you should mention the December rate MercyBlue, We had another telephone conversation with them on the 15th Jan, discussing payment problems when they dropped into the conversation that we would need to pay £618.47 + arrears, i mentioned that this wasn't the same amount that i thought and was told that we had been sent a letter advising us of the rate change, when i disputed this they said they would send us a new letter. This duly arrived the day after, dated the 16th Jan. It states "In Dec 2008 we correctly reviewed the Libor rate and made changes to your interest rate and montly payment amount. We wrote to inform you of these charges in Dec 2008. (They did not). In January 2009 a further recalculation of your monthly amount was carried out in error. This error has resulted in a change to payment of February 2009. The payment amount due has changed because of a change in the capital balance of your mortgage which was used for the purpose of the review completed in Dec 08 and the subsequent review completed in Jan 09. Please note that your revised Mortgage repayments for the next 3 months (subject to any further changes to the Libor) will be as follows.."

£618.47 due on 01/02/09

£617.73 due on 01/03/09 etc.

There is no mention whatsoever of any actual rate, so are they supposed to include something here and state what it actually is ??? as i recall on previous correspondance they usually state what the Libor is at ?

[mercyblue]

They certainly should be telling you the interest rate. You should have a letter every three months even if on a fixed rate.

Are you on a repayment or interest only? If its interest only why would the capital balance change?

They also state they carried out a review in jan 2009 in error i.e shouldn't have done it and then go on to say they have changed your payments because of this incorrect review.

You could work out your interest rate from BBC NEWS | Business | Mortgage and equity calculators

 

see if it is what it should be.

[brassed-off-2]

Hi mercyblue

 

Thanks, am in the process of sorting through all letters ref interest rates etc... will let you know what i come up with later... also digging out original contract etc..

 

Were on a Capital & interest.

 

I have also been going through the statement of arrears that has just arrived, not that most of it makes any sense.

lots of arrears management fees of £50.00, and things like Agents costs, legal costs, and these legal costs vary from £183.17 upto £815.15 and a new one on me litigation management fee £115.00 applied to account on 31/12/08. Just came across this on capstones website under lenders SPML TARRIFF OF CHARGES AND SUNDRY FEES DECEMBER 2008, Have never received a copy of this either, surely they should have provided us with this ? BUT i didnt see anything refering to it as being a revised document ...what are your thoughts on this ?

[Ell-enn]

Hi B0-2, I can help you with a statement to give to the judge on the day of the hearing (or hand in the day before). Can you tell me what you put in Q.10 of the N244 please.

 

Ell-enn

[midge61]

Hi

 

Don't know if this helps but my payments are made up of 4.25% plus LIBOR 3.91% for Jan Feb And March.

 

I did get a new list of their charges. Will hunt it out later. (I know the arrears management fee is changing to £60)

My arrears statement is a complete joke and almost impossible to make sense of. I would show a copy of yours to the court and explain that you do not understand it. The FSA state very clearly that it should be simple and clear.

 

As a lot of the charges and fees seem to vary so much perhaps you could ask to have it all checked as it means you do not know if they are charging the correct amount of interest and as to whether they actually match up with what is in their T&C's.

[midge61]

The litigation fee is their current rate £115 and it says "Charged each month when at close of business on the last business day of the month, the arrears balance on your mortgage account is equal to, or greater than, one current monthly payment due and we have instructed Solicitors to begin legal proceedings

 

Third party Fee

In addition to the above, you will be required to pay all costs we pay to third parties to recover any money owed to us or to protect our seurity or legal rights, e.g. debt cousellor appointment. Solicitor charges. Where applicable, we will advise you before we instruct a third party"

 

I also have a letter from them stating that they are not a mortgage company just the administrators and that they cannot do anything to alter the T&C's of the contract i.e offer payment holidays or capitalise the arrears. Will try and find it .

[brassed-off-2]

Hi Ell-enn

Q10

we believe that SPML /Capstone mort services have not adhered to all of the FSA Treating customer fairly 6 outcomes. Especially outcome 6. By adding unfair charges to the account, thus increasing the arrears. Failling to send correspondance advising of increased interest rate charges, leading to underpayment by us, thus causing arrears. Have previously refused pointblank to discuss extending the term of the mortgage, adding arrears to the mortgage, and finding a suitable solution for all concerned. Witheld the fact, sending no reminder correspondance to ourselves prior to court hearing in september, or actually state in court,that the mortgage was due to end its fixed term in approx october/november 2008. hence making the payment arrangement unmanageable. Faliure to act upon incom and expenditure information requested and sent to them in october 2008. Have failed to inform us that there was a loan modification team that we could speak to, in our request to amend the mortgage terms. The litigation dept have refused to let us speak on the telephone to the loan modification team personally whilst trying to resolve these problems. Have acted unreasonably in trying to find a suitable solution to help us stay in our home and avoid repossession.

[Ell-enn]

Hi, OK - I understand where you are coming from but the judge will be looking for you to offer a payment arrangement that you can afford - he cannot change any of the contractual terms of the mortgage i.e. interest changes etc.

 

 

How much did you originally offer to pay towards the arrears each month?

What are you now able to offer towards the arrears now that the fixed rate has ended?

Do you have any copies or correspondence you have sent to them asking them to consider capitalisation or extending the term of the mortgage?

 

Ell

[brassed-off-2]

Have Just read another letter dated 15 jan 09, on Capstone letter headed paper, Should this not be on SPML letter headed paper, bearing in mind that the claimant on the possession order is stated as SPML

 

As you are aware, We have been granted a court order for possession of your property. Further down it states a copy of southern pacific mortgasge limited tariff of charges and sundry fees guide is available upon request or can be viewed via a link on the capstone website ...Who am i dealing with at all here, as we all know spml cannot be phoned etc looking at the other threads on this site....

Midge you may have some thoughts on this, it would be appreciated..

Thanks

[brassed-off-2]

hi

Unfortunately no copies, all these requests were made in telephone calls, I know, i am usually pretty on the ball in putting things like this in writing, and i should know better, knowing the way capstone work.

 

It was agreed to pay £225.00 extra. But at the moment £25 min - £50 max. The i&e statement i did with their guy over the phone on Thursday just does not add up as it says we have a surplus of nearly £300 but we physically have not got this amount free, it was left that i would re go over all the figures and get back to them asap.

I have received the Statement of arrears requested from them on Wednesday, but am still waiting for the SAR, Which they advised should be with me on this Wednesday coming, but this maybe too late to use for any evidence as am due in to see the judge on the same day at 10.00am. Is it likely that they will send someone from their legal team to this hearing ??

[Ell-enn]

Hi there, I have affixed the budget sheet we usually use in these cases. Fill it in and see what you come up with. We'll then write the defence around whatever figure is left over towards the arrears (the amount you can afford to pay towards the arrears each month should be the amount left over after everything else has been accounted for, including the normal monthly payment). We will then state that the increase in installments was not considered at the original hearing.

 

It will certainly be worth mentioning in the defence that SPML are the claimant but Capstone seem to be running the show. Who are the solicitors in this (on original claim form). Are Capstone not mentioned anywhere?

 

Ell

Budget Sheet.xls

[brassed-off-2]

Thanks for that Ell-enn, when you mention the original claim form what are you refering to, sorry to sound a bit thick this has been ongoing and have appeared in court twice now, cleared arrears once and paid a substancial amount, but didnt know about a discontinuance form then, regarding the solicitors the letter is off Glenisters, this was dated the 15th jan 09, stating we confirm that persuant to the order for possesion granted to our clients in this action we have now been instructed to take enforcement procedure, continues with the usuall stuff but only states 'CLIENTS'. no mention of clients name, signed yours faithfully Glenisters. However the attatched page TAKE NOTICE does mention Southern Pacific Mortgage Limited 2 or 3 times. Not sure if this info is of any relevance or not..

Thanks for your help.

[Ell-enn]

OK, let me know when you have done the budget sheet and I'll start to draft your defence.

 

I take it that it's Capstone on the eviction notice?

 

Ell

[brassed-off-2]

Hi Ell-enn

No its Southern pacific of Glenisters on thr eviction notice.

Thanks for the Budget sheet will do it and get back to you asap, just need to spend some time with my Daughter before her bed time.

iwill be back later..

[midge61]

Hi

This probably won't help your case but SPML's address and contact no has changed to that of Capstones.......that is what shows on the FSA register. On companies house it shows that SPML are 4 months overdue producing their books.

 

Also it was posted on another thread that Lehman bankruptcy administrators have put SPML mortgage books and Capstone up for sail They are probably going to get 50p in the £1 for the mortgage book and the sale should be done at end of Jan.

 

Think we will all be in for a rough ride then.

 

Ell-en is the best one to help you with the court and with her help you will not loose your home......she hasn't failed yet:D

[brassed-off-2]

Hi ell-enn

 

sorry but seem to have problems opening xls files on my pc, not able to open budget doc

[brassed-off-2]

Hi Ell-enn

Have managed to sort the budget out, do I attatch it or pm you with it?

 

Thanks again for your valuable time.

 

BO-2

[Helford]

Hi,

 

If you haven't got Microsoft Excel package on your PC, why not download Open Office free of charge and use that?

 

OpenOffice.org - The Free and Open Productivity Suite

[brassed-off-2]

Hi Ell-enn

 

Have done my i&e. only leaves us with about £5.00 to pay them. And it made me realise that the previous ones i have done with them in the past over the phone, doesnt break it down, to clothing needs, emergency household repairs.etc ....Hence the £300 surplus that physically isnt surplus. Just another way for them to get as much as they possibly can from us, whilst having their hold over us... Are you able to draft me a letter for the court? if not can you tell me what kind of info i should incude, as i would like to hand my papers into court the day before (Tues), the hearing on wednesday.

 

Also the letter dated 17th October advising that the fixed rate period was ending on 30/11/08 and the interest rate on the mortgage will change to 9.25% thus increasing the cmp to approx (not including the buildings ins cover) £740.00 + £225.00, this was the point that i contacted them to advise of impending problems re sent income expenditure etc. We never received a further letter from them as advised in this letter either.

 

I would like to request the judge ask them to explain the breakdown of charges as some of these dont make sense, especially when i cross reference them to my quaterly statements, and feel this has contributed to the amount of arrears.

 

I do also believe that our mortgage was securitised around feb 06, and like others, my insurance renewal reminder states, i should note the interest of eurosail 2006-1 Firsts client as mortgagee. Although i still havent managed to proove this fully...as to who actually owns it, but when i googled it i found a site called www.advfn.com/news, and it listed this with a registered office of Wilmington trust sp service. fith floor london co reg 05441656...not had time to investigate this further yet.

 

No changes have been made to charges register and proprietorship register, when i looked on my deeds since nov 05 via the land registry site. I did uncover something though, a 3rd party is also listed as (1) dated before the Spml remortgage (2) spml (3) me and my husband...dont know if anyone can throw some light onto this in relation to them being granted the repossession order.

[brassed-off-2]

sorry Ell-enn

 

Just looking again at the statement of arrears, and its just clicked into place what they are doing...

 

In the phone calls they are saying we have not stuck to the order the judge made on 1st Septemeber, 08 and have not paid October / november and December. (and january now)

 

Bearing in mind that we like a zillion other people get paid around 20th/23rd/25th of the month and at some point or ten we requested the dd date to be moved to suit us etc..but as their usual excuse is "the computer says no" we cancelled the dd and pay by card.

 

My statements show as paid

24/09/08 debit card £800.00

29/09/08 debit card £53.30

31/10/08 debit card £700.00

have missed nov (huge car repair bill) Did explain this to them & Dec (xmas, no one answering the phones as usuall). So not had chance to make amends with January's payment as they had probably instructed Glenisters to take action prior to the new year...

 

So the way i see it is they are saying we have missed october to make it look like 3 months missing payments, when in effect we paid at the end of the month and not at the begining... so the way i look at it is we had only missed 2 when they set the wheels in motion again for repo...

[Ell-enn]

OK, the main thing is to get the eviction stopped, and to do that you need to offer the judge a payment proposal - are you saying you can only afford £5 on top of the normal(newly increased) monthly payment?

 

Just so I've got it right in my head:

 

How much was the original monthly payment when you went to court?

How much did you agree to pay on top of that monthly payment?

 

How much is the new monthly payment?

What date did the new payment amount start from?

 

I'll start to draft you a defence statement when you let me know the above.

 

Ell

[brassed-off-2]

Hi Ell-enn

 

Yes according to the i&e it works out at £5.73 surplus, using their cmp for this month £618.47 (but hey that could actually go up again today, couldnt it ?)

 

At the time of the court hearing in on 1st sept cmp was £587.85 + £225.00 towards the arrears. The Judge specified that this had to be paid no later than 30/09/08 by 4.15pm. We overpaid earlier than the deadline, see earlier post. (but in effect cmp was due on the 1st)

 

October payment increased to £591.00 + £225.00, we again managed this and over paid, paid on 30/10/08 (but they calculate from the 1st). At this point we contacted them due to their letter stating payment coming off fixed term and cmp could be £740.00 not including any payment arrangement. As the i & e were now also incorrect due to various reasons.

 

Nov 1st & dec 1st, remained at cmp of £591.00 according to the sar, unfortunately we were having cash flow issues again by this time, and failed to make payments, but tried to resolve the issues with capstone, but to no avail.

 

Jan increased to £617.70. Due on the 1st. And NOW FEB due on the 1st, but not in a position to pay until 20th and 23rd Feb (when we get our salaries paid)

 

all the arrears fees and litigation fees are being added on and the arrears are building up but i cannot see these extra payments reducing this, so do need an explanation of some sort in reference to this from them. hope this makes sense?

 

Am gong out shortly Ell-enn, to an appointment with the specialist team at the local area housing, just to see what they can do if the judge does decide to grant eviction, could be a while, just in case you need me.

 

Once again, thanks for your valued help.