spml / capstone notice of eviction 6th feb

[Ell-enn]

Hi there, affixed is a draft statment for you to take to the court. I have to say though, that I am not confident that your offer of £5.00 per month will get the result you need.

 

I think you should revisit the budget sheet and see if anything can be "shaved" from some of the sections - if you have anything in Entertainment and Holidays, I imagine the judge would expect that you forgo those in order to pay the arrears. I don't think you'll get away with offering less than £40 - 50 per month.

 

Please don't think I'm criticising your budgeting, I'm just trying to give you the best chance possible of getting the eviction suspended.

 

On the budget sheet you need to write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Print off their charges from the website (or whatever copy you have) and write the claim number and Appendix 2 at the top left/right. You will then need to take a photocopy of it all before you hand it in as you will need one for yourself to refer to on the day.

 

Let me know what you think:)

 

Ell

Bo2 Statement.doc

[brassed-off-2]

Hi Ell-enn

 

Thankyou, no your not critisising my budgeting, unfortunately it does not include any luxuries, like holidays they have been a thing of the past since we were duped/ill advised into this lender by a so called independent mortgage advisor 3.5 years ago.

Having rechecked the budget before my appointment i realised that my Husbands income has actually increased now the tax office have finally got around to correcting the amount of tax he was paying, so infact will be able to offer £40.00.

 

As for providing evidence, would attatching copies of the following help us further ?

• The SAR- when we made an overpayment via a cheque approx 2 years ago to clear arrears that were around £4,500, the balance shows nill,and that we were infront but they then added on arrears fees...should i use a highlighter on these to show an example to the judge.
  
• The latest quartely mortgage statement, showing our recent payments keeping to the arrangement, but all sorts of charges being applied. That dont seem to tally up with the Sar.
  
• The letter advising of the fixed rate coming to an end and that they stated they would be in contact reagrding the payment arrangemnt (but didnt) and write down exactly what we did to resolve this issue.
  
• the letter re the calculation for december, but the error that they made in january, but no explanation regarding this or why they had done it, it does show on the Sar a 13p refund on the % rate though.
  
• Plus a copy of their recent charges off the website.
  

Please let me know what you think to the above ..thanks

 

Just to update you on my visit to the area housing team.. they were really helpful, took copies of all these letters, explained all the situation.. we recommended that they come on this site to clue up on the subprime lenders and all the hiddden gems of dealing with them, as i reckon they will be seeing quite a lot of people in our situation. Their speciallist in this kind of area was called in to sit with us by her college that we had been dealing with, took one look at the SAR and said they cant do this, these charges are illegal etc etc.. Told us to get straight to CAB asking for emergency appointment regarding help with these charges, told us to go to court, on weds armed with all this info, but stated that the judges at our court are not granting any possessions (think this is authority from somewhere higher up) . But in the worst case scenario, gave us a direct number back to themselves just in case !!

 

We came away feeling a little better, but trying not to build our hopes up too much....

Thanks agsain Ell-enn

[brassed-off-2]

sorry ignore where i keep saying SAR (still waiting for that one) i mean Statement of arrears. !!

[Ell-enn]

Hi that's fine....If you are OK to amend the statement, where I have mentioned in the statement Appendix 2 (charges), you can affix the arrears statement and write the claim number and Appendix 2 on that as well - do this on everything you are affixing to the statement.

 

Also change the amount offered to £40.00 - I think you will be OK with that. If your monthly payment has gone up by over £150.00 you cannot be expected to pay £200 towards the arrears if your income has stayed the same.

 

If you need me to amend for you just shout:)

 

I'm sure it will go OK for you - just stay positive and get the statement into court tomorrow so the judge gets plenty of time to look through it all before the hearing.

 

Ellx

[angel_1]

hiya just seen your thread and wishing you lots of luck, but with ell-enn helping you im sure all the bases been covered

 

i was in court last week with a friend and yes she had been there on previous ocassions and cleared the arrears but now got a suspended possession order as paying the normal mortage and another 100.00 towards the arrears, she was looking at remortgage too and also as a last resort to put the house up for sale herself,

 

i think the judge was fair and considered all this in this time of climate too, meaning arrears were still being addressed too

 

however, back in april to see what the position is either with new remortgage or house for sale,,,,

 

and yes fab help from the housing team too, at least you are now aware of that possibility but fingers crossed all will be well for you

 

keep positive and keep the faith

 

laters angel x

[brassed-off-2]

Thanks Angel for your support,

 

Im really pleased your friends problems have been worked out, and hope she can now start to get back to some kind of normality, it is the worst feeling ever having to go through something like this, especially when you have children involved, its a mothers natural instinct to think they have failed their child in every possible way....

 

I just hope something is done regarding these lenders and their underhanded tactics, very soon. and also the independant mortgage brokers need to be accounted for, because not once did they ever mention sub-prime, we really thought we were with a building society/ bank type of company.

 

i know when i have got this week out of the way, one way or the other, i will be plodding on, looking at my options relating to the broker in question, as well as spml/capstone, knowing what i know now, Dont know how but i will find a way.

 

Best wishes to your friend and yourself..

[midge61]

Hi brassed-off-2

 

Well done you and special good luck for court, will be thinking of you.

 

When you spoke to the specialist at the housing team exactly how did she say the statement was wrong?

I have sent a complaint to the FOS over mine but am not sure how long it will take them to look at it and Crapstone are still chasing the alleged arrears.

 

I have had a good lok at my mortgage papers and have noticed 2 different amounts of commission paid to the broker so I am writing to SPML and the broker for clarification, especially after reading the secret commission thread.

 

It may be worth you reading that thread and looking at your agreement.

[angel_1]

Hi brassed-off-2

 

hey thanks for your reply, yes if nothing else i can show you a little support,

 

yes she has children too and yes its a most devasting situation and i also have a little knowledge of what you must be going through as i personally got behind with our mortgage last year but i negotiated with our lender and offered an amount and an extra each week plus our normal payment and it stopped any court action for me, but i wasnt really aware of cag and its help then

 

thankfully for me the remaining arrears have now capitlised to the mortgage as i made sure that amount was paid faithfully plus our mortgage amount for the past 6 months, now from this jan am paying the normal interest only as i amended mine to that too as part of the negotiations, but of course the difference being im with a normal high street lender, do have endowments too, but once all my other high interest debts are cleared somehow i will revert back to interest/capital payments later in the year im hoping,

 

my friend is with a sub prime and i can sure see differences between our situations, so yes i would also get as much info as you can and from what midge61 says worth relooking at everything

 

However, its such an experience to go through, but somehow you get through

 

will be thinking about you this week, fingers crossed and everything

 

take care for now laters angel x

Edited February 3, 2009 by angel_1

[brassed-off-2]

Reading between the lines.. now thinking about it, and this is my own interpritation, but i may be completely wrong.

 

Last Thursday, i rang the number on our local council website in relation to their team who has been set up to help deal with the Governments mortgage rescue scheme, to get more info, as things stand we are in negative equity (helped by the amount of arrears,caused by the charges)

I am putting 2 & 2 together, as this office we were sent to, today, is also the base for that team, and i think she is one of their people dealing with this ... so i am assuming now, having had time to think about it that the photocopies they took of the statement of arrears, recent motgage statement, letters relating to the fixed rate ending, the leehman/capstone/spml liquidation letter / the eviction notice/ the account adjusted in error in jan letter as evidence to feed back to the powers that be....who ever they may be.?

 

As for the comment of illegality, the charge for debt advisor, legal costs, arrears management and litigation fees, oh and plus the note that i had written on top of the statement saying that a £10.00 charge for this copy was to be added to the mortgage had not gone unnoticed, basically she seemed very interested in all off it, and commented that we need to get to the cab or a. n. other because they could end up owing us ???

[midge61]

Thanks brassed off that is very interesting.

 

I will keep my fingers crossed that the FOS look at this carefully.

[Jane1960]

All the very best to you,Ell-enn is great with her help,Along with others on this site they all build your confidence,Ell-enn helped us with our day in court & we were able to stand up to these SPL,We will never be able to thank her enough,So you will be absolutely fine,Go get em,Brassed off-2 x

[jansus]

I have seen that there have been some successes in reclaiming mortgage arrears charges by going through the correct complaints proceedure then the FOS .

 

Also out of interest why do your payments keep changing and are they giving you adequate notice of the changes ?

 

So hopefully when you have the possession sorted than you can work on that angle at a later date.

[brassed-off-2]

Thanks Jansus and everyone else on here for the support you are giving us at this difficult time.

 

Back to your question Jansus, i dont know, all though i do keep coming back to this same question myself over and over...

 

I will definately be lodging a complaint with the FOS,

 

What is classed as adequate notice, in relation to changes, they seem to send something when it suits them, i will also be ringing them tonight to check if the SAR has been despatched yet? they will probably answer with another lie...

 

But yes whichever way it goes in court tomorrow, i will not be going away leaving them alone..

 

Thanks again everybody...

[jansus]

Really hope it goes ok for you and then we can tackle the rest of the questions.

 

How are you supposed to know how much your arrears are if they change your payments up and down without notice?

 

They should always be able to produce a breakdown of your arrears and charges on your account on demand and I will hopefully point you in the right direction when this is all over.

[brassed-off-2]

Hi All

 

Well today was the day of reckoning....The Judge suspended possesion, A huge thankyou to everyone on this site for their help and support, thankyou Ell-en.

 

Feeling emotionally and physically drained at the moment, as i didnt go to bed all night, preparing etc..feel like i have been run over by a steamroller so will go for a nap, before i pick my daughter up from nurseryWill be back later to give all the details, and answer any questions..

 

Midge dont give up on the FOS keep at them!, THE JUDGE, couldnt mention them enough regarding the charges !!!

[angel_1]

oh FAB NEWS,,,,,,,really well done

 

and yes i understand your feelings of feeling drained its exhausting all the emotions

 

take a nap and relax a while then come on later and give us all an update

 

another good slap on the back to ell-enn,

 

im so pleased for you, i feel another battle won from cag

 

take care catch up laters angel x:D

[Ell-enn]

Brilliant news - I was confident you'd be OK. Hope you can relax for a bit now your home is safe

[littledotty27]

Hi

 

JUST READ YOUR THREAD & CONGRATULATIONS IN GETTING A SUSPENDED POSSESSION.

 

With regards to who your lender actually is,take a look at this link.

 

http://www.financialregulator.ie/data/in_mark_prosp/7429FProspectus.pdf

 

bit long winded,but explains who owns spml mortgages.

 

Good luck & keep at it.

[midge61]

Hi

 

WELL DONE. at least you can relax now and get things straight.

[jansus]

Well done so pleased for you.

 

Interesting about the charges look foward to hearing the comments.

[angel_1]

:cool:ell-enn was trying to give you a rep tickle but it say ive got to spread it around a bit, lol

 

again well done and im so pleased you have again helped where needed

 

angel x

[Jane1960]

Well done You,I told you Ell-enn & all on here know their stuff,So pleased for you,x

[brassed-off-2]

Hi All

 

Could anyone help in clarifying the address that i need to send my SAR to

Would it be SPML or Capstone ?

 

Any help greatly appreciated. Thanks.

[midge61]

Hi

 

It is the same address as for Capstone, the High Wycombe one.

[brassed-off-2]

Thanks Midge,

We must stop meeting like this..ha ha.

Im on half term break, and spending the week and a small fortune sorting all this mess out.. it gets worse, noticed on our CRA'S files that through late payment, off this shower of S.H.1.T.E releasing the fees from the remortgage VERY.VERY late, then sent our old one with the halifax into default plus 2 secured loans.3 defaults in total..what chance have i of getting shot of this lot ????

Next letter will be addressing the £50.00 arrears management fees being added to the account, have you done anything in relation to yours yet.?? Anyway will hopefully have it all sorted out within the next 11 years when the defaults all drop off the file

 

Regards

B-O-2