repossession letter recieved.....help

[hammers69]

ok today i recieved a letter from TLT solicitors on behalf of SPML stating that as i have failed to clear the arrears on my mortgage account they have issued court proceedings for possession of my property.

they have enclosed a statement..

, my montly payment is 626.00,they say i am 1,910.52 in arrears, which includes this months payment due before the end of the month.

when i read through the statement it included 755.00 of fees....for being in arrears. now i was told that any fees applied to your account were added on to your mortgage not your arrears, please correct me if im wrong, now if i am right i am only 1 payment behind ....what do i do????

please help

[hammers69]

just to add, the last time i spoke to capstone/spml, i did ask if my fees were being applied to my arrears & she siad no they are added to your mortgage, so if thats the case why are they on the statement showing they are added to my arrears???.....

[midge61]

Hi

 

As you will see Crapstone are crap with the paperwork.

You need to check back over your bank statements to be sure of exactly what your arrears are. If as you think that you are only one 1 behind then they cannot go for repossesion.

They will but no judge will grant it BUT Crapstone will add all their legal costs to your account.

If you can proove exactly what you have paid then you will be in a good position to argue.

If you do have arrears you need to write to them and make an offer to make an extra payment each month on top of cmp if you can.

 

Ell-en is the one to help you with the court stuff and I'm sure she will be along soon.

[hammers69]

hi midge 61

thanks for your reply.

i am contacting the solicitors tomorrow to sort this out, what i need to know is am i right about the arrears fees not allowed to be added to my mortgage arrears???....cos if i am then yes i am only 1 payment behind, also looking further into the statement my m onthly payment has gone down to 533.22 a month for the last 2 months we have still been paying 630.00 a month, they have never informed us of tis change, so we will be paying 100.00 extra a month off our arrears i dont understand how they can go for repossession ....

[midge61]

hi

 

As far as I know you are right about the charges but Ell-en will be the one that knows for sure.

 

Make sure any agreement you come to is also confirmed in writing.

[jansus]

As far as I am aware the charges for late payments should not be included in the arrears figure . The arrears are only the difference between your MP due and what has been paid. The sharges are added to the debt and you will be charged interest on them. There are posters that have reclaimed these charges.

 

But first you do need to sort the arrears figure . If you dispute the amount after checking the payments against your records then I would suggest a recorded delivery letter to the lender and the solicitor - or an email ,stating you are disputing the amount of arrears and reqquire a full written statement of how they have come to the figure stated in the letter i.e. the MP due and payments received.Keep it in writing.

[hammers69]

phoned tlt today they told me to phone spml.

phoned capstone, the snotty girl in litigation said its their policy to add arrears charges to the arrears......!!!!!!

she did an income & expenditure & said that i have a spare 900.00 per month, lol....wouldnt have arrears if i did....so have to work it out & phone them back otherwise they want an extra 200-300 extra a month....& they will not cancel the court date until closer the time.

[hammers69]

agreed an extra 150 a month to clear my arrears.

my court dte is set for march 18th & i haveto phone them a fw days before & make a payment towards my account before they will cancel the hearing......i am well & truly ****ed off....it will take me til march 2010 to pay back the arrears....most of them charges!!!!

[Ell-enn]

I don't care what their policy is - charges are not added to the arrears- they should be added to the outstanding mortgage. If you actually went to court on the date of the hearing and told the judge that you are only one month in arrears and the rest is penalty charges - he would kick the case out of court (and their a$$es into next week).

 

You can only be in arrears with contractual payments i.e. your normal monthly installment - you would have to miss 2 or 3 monthly installments before a lender can take you to court for possession.

 

These bloomin sub-prime lenders make me soooo mad

 

You should write to them asking for a statement of account and advising that your offer of £150.00 per month is to clear the one month arrears. You should also remind them of the recent government pre-action protocols which they are in breach of. If you need help with the letter please let me know and I'll happily draft one for you.

 

 

Ell-enn

[hammers69]

hi ell-en.....i have a statement with everything on thats how i cameto see my arrears contained a lot of charges....theyare saying that i owe them just over 1900.00 in arrears....now i was aying 630.00 a month, that makes 3 payments behind (including this months which will be paid next week) however one of those supposed arrears payments is actually made up of arrears management fees...so in my eyes i am only behind 1 payment but because they add the charges to my arrears & my payment is now 533.00 the are saying im 4 behind!!!!

 

if you could help me with the letter that would be great thanks

[Ell-enn]

No problem I'll do it over the weekend so you can post it on Monday.

 

Ell

[hammers69]

thanks ell-en.....i think they are trying to have my pants down to be honest x

[hammers69]

this morning recieved the court letter.

when reading through it, the bit in the letter about payment history they have lied!!!!.....they have gone from nov08-feb 09...each month a payment recieved but january says a 2nd payment not recieved ,wtf????what 2nd payment we paid our mortgage in full each of these months!!!

,no payment for feb yet cos we r paying it next week!!!.....

i am getting very worried that they are trying to stitch me up....even though i am paying my mortgage .......what do i do??

[Ell-enn]

When you say you have received a court letter do you mean a Claim for Possession pack which includes a N11M Defence Form and gives a date for a hearing at court?

 

Ell-enn

[hammers69]

yes ell-en thats it.

[Ell-enn]

What's the date for the hearing?

[hammers69]

march 18th

[Ell-enn]

OK, well we've got plenty of time to sort them out! the defence papers don't need to be returned till around 14 days before the hearing date.

 

I'll get that letter sorted for you tomorrow so you can send it by special or recorded delivery on Monday.

 

You say you are only one month in arrears when did you actually miss a payment and have you made an offer to clear the arrears by paying a little extra each month?

 

Ell-enn

[hammers69]

thanks ell-en, capstones litigation dept said they will cancel thecourt date ifmy paymet is recieved before 1st march & i make another payment a few days before the hearing date then i can phone them & they will discuss it.

yes i we have missed a couple of payments last year.

[Ell-enn]

So do you reckon you are two payments in arrears and the rest is charges? How much do the two arrears payments come to and what do you want to offer each month towards the arrears in addition to the normal monthly payment?

 

I have affixed the budget sheet we normally use, for you to complete as we will have to send it with the letter. When you fill it in remember that the amount you want to offer towards the arrears each month in addition to your normal monthly payment should be the amount left over after everything else has been accounted for (including the normal payment).

 

Print one off and "practise" on it until you get your numbers right and then complete a final copy. Once you know what you are going to offer towards the arrears let me know and I'll put it in the letter.

 

Ell

Budget Sheet.xls

[hammers69]

my montly payment is 626.00,they say i am 1,910.52 in arrears, which includes this months payment due before the end of the month.

when i read through the statement it included around 755.00 of fees.

our payment was reducd to 533.00 a month from january, this year & we werent informed so just paid the regular 630.00 so that is already almost 100.00 off the arrears.....although now the pyment has been reduced (i think is due to interest rates) they are saying we are almost 4 payments in arrears.

they want 150 a month extra til march 2010 to get rid of th arrears....we can defiately pay an extra 100.00 on top of the 533.00 a month....its what we were paying anyway

[Ell-enn]

Hi, affixed is the letter - send it by recorded delivery (or next day delivery if you can afford it) and also send a copy of it to the solicitors with a covering letter:

 

 

Dear Sirs,

 

Re: Case Number XXXXXXX Capstone (whatever it says on the claim form)

 

Please find affixed for your information a copy of the letter sent to Capstone today.

 

Yours faithfully,

 

 

 

XXXX

 

Make sure you keep a copy of the letter and budget sheet and also the receipts for posting. Check on the Royalmail website in a few days to print off the signature receipt and keep safe with the copy letter. We will need to send them to the court with your defence papers if the hearing goes ahead.

 

Any questions, just shout.

 

Ell-enn

Hammers69 Letter.doc