staffyloos repossesion

[Ell-enn]

No problem, I'm on it - will post later or tomorrow morning.

[staffyloo]

hi Ellen

phoned the court this morning they said that there is no court hearing on 25 or 26 march.They said to ring capstone and ask for a case number .do you think i should.the lady at the court could find nothing with my name or hubbys name.what do you thinks going on?

[Ell-enn]

Hmm, not sure - they may be trying to scare you, or their claim hasn't reached the court yet.

 

Anyway, send them the letter I have affixed. Make sure you send it by recorded delivery and keep a copy together with the receipt for posting. Check on the Royalmail website in a few days to print off the signature receipt. Keep all together in a file in case you need it if they do issue a claim for possession.

 

Make sure you keep to the arrangement you made with them.

 

Ell-enn

Staffyloo Letter.doc

[staffyloo]

thanks ellen will do that and keep you posted

[staffyloo]

hi ellen

i have now realised that my offer of payment to capstone on the phone was to high after doing the budget sheet i can pay around 400 off the arrears i would like to pay that weekly and motgage payment on the 15 of every month.i am thinking of writing to them to propose this but my mortgage payment should go down so i dont want to send them the budget shheet just yet,but want to make them the offer as soon as possible,also havent heard anything from the court should i have heard by now.last time i was due to go to court they sent loads of correspondance .hats the best thing to dow

[Ell-enn]

Did you ring the court to see if your case was listed for 26th March?

 

When do you expect to hear about your payment coming down?

 

Ell-enn

[staffyloo]

rang the court on monday still no listing and the libor rate has come down so on 1 feb it should go down but they dont usually let me know the amount until the middle of the month.do you think i should offer them yth 100 per week and just say mortgage payment on 15 every month ommiting the amount or just send the offer to pay and send budget shheet later.would it be ok to lower the payment after only arranging it a few weeks ago? wont the judge think i keep making false promises.everytime i call them i seem to make offers that are unreasonble

(i seem to think im loaded.)so im not going to phone them anymore just do it all trough letters.

[staffyloo]

soorry that should of said march

[Ell-enn]

OK, wait until you have got the notice of new payment and then you will know exactly what you can afford to pay towards the arrears.

 

Do you have the original case number from before when the hearing was cancelled - it will be the same case number.

 

Ell-enn

[staffyloo]

yes i should have it shall i phone again to find out?do you think it will be to late if i wait for new payment details should i make the offer now and revise it when payments go down.i would like to pay 100 per week and mortgage and if it goes down use the xtra money to pay off some other debts.Was quite confident all week but reading chesterfieldmums threads am in panic mode again.my arrears are much higher .

[Ell-enn]

Staffyloo, please don't panic - every case is different - you haven't been to court yet so you haven't defaulted on a court order.

 

You can send the letter to Capstone offering £100 per week towards the arrears (are you sure you can manage that?) in addition to the normal monthly payment. If the normal payment goes down and you keep to the £100 per week towards the arrears you will be keeping to your arrangement to pay off the arrears.

 

If you read through more of the threads in the Repossession forum you will see that eviction is very rare.

 

Ell-enn

[sillygirl1]

Tell them next time they phone that 'as it is now a court matter you want everything in writing' and put the phone down on them.

 

It sounds as if they may be trying to pull a fast one to get you to pay more money - have they sent you a statement yet?

[staffyloo]

hi sillygirl i have had nothing from them

[staffyloo]

ellen

yes i think for at least the next 6 months do you think i can reveiw after that if say the mp goes back up to 1900 a month again?

as for this forum it has become my lifeline i read and reread all the threads and am so grateful to you for helping me.

also i have noticed that alot of the threads are hearings with capstone.

[Ell-enn]

I think if you maintain your payments for 6 months without fail and the mp goes up you would be in a good position to negotiate a reduced payment towards the arrears.

 

Ell

[staffyloo]

thanks ellen will write to them tommorrow shall i include budget sheet?

[Ell-enn]

Yes, you need to include the budget sheet. Make sure the £100 per week you are offering towards the arrears is the amount left over after everything else has been accounted for.

 

Also, don't forget to send by recorded delivery and keep copies of the letter and budget sheet together with the receipt for posting.

 

Ell

[staffyloo]

thanks will keep you posted.

[staffyloo]

help ellen

phoned the court and gave them last years case number like you said and they told me i have a hearing on 26 march ,i asked why i had not been notified and they said it was booked from last year.

also spoke to capstone again today i phoned to see how much my mortgage payment will be from 1 apriland then told them i was just about to put an offer to clear the arrears in the post.the lady on the phone a=said they would not accept any payment offers only the one made over the phone. i said when i made the offer i hadnt worked out my budget properly forgetting that we had taken on a presser at the shop due to my husband hurting his knee in september so was taking less wages from the business although she understood she said unless i maintained the arrangement made over the phone they would go for a straight possesion.i did not post the letter .i dont know what to do now .help

[Ell-enn]

Staffyloo - you need to send that letter by special delivery tomorrow - never mind what she said on the phone. You need to get that offer of payment to them - that way, if you need to go to court we can include that in your defence and say that you felt pressurised by them into making a higher offer over the phone.

 

Please post that letter tomorrow - it will show the judge that you have tried to negotiate with them.

 

We'll worry about your defence statement nearer the time.

 

Ell-enn

[staffyloo]

ok will do thanks

[Bona]

staffyloo

 

The courts are taking a very dim view of offers made under pressure get in what you can afford and take it from there

[staffyloo]

hi ell-enn

posted the letter by recorded delivery and sent of first weekly payment of £100 i photocopied the letter and the cheque.also i found the letter from the court last year and it says the case adjourned with liberty to restore and the claim be struk out if not restord by 26 march.found a buget sheet from the court but no nm11 form (sorry if thats wrong) that i have read about on other threads .can i get one of those anywhere?do i need one?

[Ell-enn]

Hi, we can do a statement for you to take to court for the hearing on 26th March, by that time we should be able to show the payment from this week and any that you make before then also. You will need to get a bank statement the week before the hearing just to back up that your cheques were cashed. Did you write your name and address and mortgage account number on the back of the cheque?

 

Check on the royalmail website in a few days to print of the signature receipt - keep that safe with the copy of the letter and cheque. Every time you send a cheque put a covering letter in saying

 

......................................................................................Your address

 

Date

 

Their Address

 

 

 

MORTGAGE ACCOUNT NO:

"Please find enclosed cheque noXXXXX for £100 being payment towards the above account number.

 

Yours faithfully,

 

 

 

XXXXX

 

Enc.

 

 

Keep a copy of every letter and cheque and also printed signature receipt from Royalmail. The more evidence you have of your payments the better.

 

Ell

[staffyloo]

ok will do. what do you think the judge will say about being in arrears last march and still in arrears this march only much more and should i be expecting somekind of reply from capstone?(sorry for all the questions)