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Eviction Notice Received


Jen2603
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I have just recived an eviction notice from solicitors acting on behalf of SPML/Capstone. I built up some arrears last year due to ill health. I'm afraid when court action was taken I did the worst thing possible and buried my head in the sand. Happily I was able to negotiate a payment and they agreed not to enforce the decree against me. Unfortunately I was then made redundant and missed a couple of the agreed payments but have made slightly increased payments since in an effort to catch up.

 

The arrears stand at approx £1400. My mortgage payments are £370 per month and I have been paying as follows since making agreement

 

30/10/08- £425

01/12/08 -£850

23/01/09 -£450

09/04/09 -£450

10/05/09 -£450

 

I have offered in writing to increase my payments to £500 per month starting from the end of this month as I am back into permenant employment and this is an amount I can comfortably afford. I have not received a response from SPML or the lawyers. The date set for eviction is 02/06/2009. I have nowhere to go and am unlikely to be able to arrange anything at this short notice. I suffer from depression which is why I've not handled this well. I receive DLA and ongoing treatment so can prove I have health problems if this would help.

 

Ideally I would like to stay in my house but if this is not possible would like time to make alternative arrangements. I live in Scotland so I know the law is different here but if anyone can think of a solution or anything that would help me I'd be grateful.

 

I have been looking at various sites online and wonder if it might be possible to get a 'reponing notice' at this late stage.

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hang fire-am sure someone will be along to advise soon:)

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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Hi there, you need to contact Shelter Scotland 0808 800 4444 and also have a look at this thread : http://www.consumeractiongroup.co.uk/forum/repossessions/199046-notice-ejection-repossession-scotland.html

 

Let us know if you need any further help.

 

Ell-enn

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I have just received a letter from Capstone advising that the arrears stand at £2858.09. In September 2008 I was advised they stood at £1051.05. Since then I have paid them a total of £2625, the monthly payments are £370. How can this be? Can someone please help me?

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Hi there, sounds like they have added their monthly arrears charges to the arrears - (very naughty!), they do that to make the arrears look worse than they are. If you are seeing a lawyer on Monday, make sure you tell him that.

 

Ell

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Hi,

Thanks for that -It must be charges as it doesn't make any sense otherwise. Looking back at my statement of Sept 2008 which starts of in June 2008 £190 is charges and £270.25 is legal costs which makes the true arrears balance back then about £550.

 

You say this adding charges to the arrears balance is 'very naughty' how do courts generally tend to view this practice? I'm assuming there's no law against it but it does seem pretty unfair. I realise you can't give a definitive legal answer but I'm just curious as to whether people tend to get repossessed for charges rather than actual arrears.

 

Oh while I'm here I spoke to Shelter as you suggested and they think a 'reponing note' is a possibility though a lawyer would need to confirm this as it's very specialist.Basically this would mean the case would need to go back to court where hopefull the sheriff will either agree to let me make payments or give me more time to find a new house.

Edited by Jen2603
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Hi there, I'm sure if you look at your mortgage agreement you will find that it says they may commence legal action if your agreement is more than one installment (or two or three, depending on the lender) in arrears. You cannot be in arrears with charges, therefore the court should always be made aware of the true arrears i.e. the number of months of missed contractual installments.

 

Usually when people have queried the amount of arrears in front of a judge he has adjourned the hearing while the lender provides a complete breakdown of how they arrive at the arrears figure. Your lawyer should be getting you back in front of the sheriff so you can point out that your lender is claiming an inflated arrears figure to make the situation look worse than it is, with the intention of repossessing your home for their financial gain.

 

Are you able to make the monthly payments + extra towards the arrears going forward?

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Thanks for that. I'll raise it with the lawyer on Monday. I'm fizzing mad that they've added such high charges and just about had heart failure when they gave me the figure. I'm going to raise the matter with my MP and MSP because this is something that badly needs looked at.

 

Obviously I'll wait until the more pressing matter of the reposession is sorted but I'm going to give serious thought to challenging these charges. These are way worse than anything a bank has ever taken from my current account.

 

I've been paying the regular payment + £80 towards arrears. I had orginally agreed to pay £55 towards the arrears but because the last payment agreement ran into temporary difficulty due to redundancy I made an increased offer once I was back in work. I contacted them again this week offering the monthly payment plus £130 towards arrears which they've refused. They say the only way they'll stop the reposssesion is if I pay them £2858.09 before the second of June despite most of this being made up of fees and charges!

 

Based on the info I have in front of me the true arrears figure should be in the region of £925, though this may also be inflated as the statement I have only goes back to July 08 and there are likely to be charges included in this figure. This would mean the 'true' arrears could be cleared in seven months or less if my offer was accepted.

Edited by Jen2603
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Just received an email from my local councillor who is appalled at the charges that have been added to my account and is going to write to them on my behalf as well as passing details of my case to my MSP and MP requesting they also write.

 

No idea if this will help me or not but at least it is highlighting a pretty ****ty practice to people in a position to do something about it.

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Attended lawyers today. He advised that a reponing notice would almost certainly be granted but that the process including court appearences would cost between £1000 - £1500 and that it stands a good chance of success. The problem is that if it is successful the equity in my home would be regarded as an asset by legal aid which would then give the lawyer a claim on my home to recover his fees. As he doesn't want the hassle of trying to recover his fees he'd only be willing to get the case back to court if he were paid upfront.

 

I just don't have that kind of money, if I did I'd pay it to the mortgage and get the eviction stopped. He also reckons they are unlikely to postpone the eviction without receiving a lump sum up front which again I just do not have.

 

Explained about 'true' arrears and charges which he said was pretty much irrelevant by this stage and that I'd be better just to accept the charges as they are unlikely to negotiate this.

 

I really don't know what to do now. I have nowhere to go on 02/06/09 and really can't see any way out of this situation.

 

Can anyone think of any legal means of borrowing £1500 without a decent credit rating?

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Have you contacted Shelter Scotland 0808 800 4444 they have helped another Cagger in Scotland as my earlier post 3 above

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

 

 

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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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As you can see I'm sleeping well. Have been racking my brains and thinking of ways to come up with cash and I think I might be able to make a payment of £1300 as a one off at the end of the month. This would work out at £370 to regular payment at £930 to arrears (this equates with slightly over the amount of missed payments). I'm just wondering if tactically it might be best to go in with a lower offer incase they think they can sqeeze more out me and try and push me up from £1300 which is really the limit. Thereafter I could offer a payment of £525 per month towards regular payment and bloody charges.

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Well don't know if I've done the right thing but via the lawyer I have submitted an offer of £650 lump sum +monthly payment of £370 on the basis that they suspend their right to evict. Hopefully this will buy me some time to get it back to court before 02/06/09 ot if not at least make the postpone the date so I can be rehoused.

 

The offer will reduce the number of missed contractual payments to less than one months installment. And based on the offer of ongoing payments will mean all missed payments will be clear by the end of July 2009. That just leaves fees and charges which will take a further 10 months to clear.

 

Does anyone with any experience of negotiating in this type of situation know if this is likely to sway them at all?

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Attended appointment with Shelter who were very optimistic that something could be done to stop the eviction. I'm just waiting on a call back from my advisor there with an update. So fingers crossed.

 

I've just received a full breakdown of the arrears from Capstone and it's as I thought. The 'true' arrears stand at £804.12. The remaining £2053.97 is charges.

 

If we do go down the reponing note route which looks very likely, based on the offer I've made the payments will all be back up to date by the time of the court hearing which should hopefully mean that the sherrif will remove the decree.

 

I've also received two letters from Capstone telling me I need to call them directly. Should I do this or would I be better to let Shelter and my lawyer handle it.

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I'd leave it to Shelter and your lawyer, they will only try to convince you you have 'no real chance' of winning a case in court against them. If it does go to court please ingore their please 'its just a formality and don't turn up...' turn up and they will be confused!

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SPML still refusing to accept any sort of offer! However lawyer has now submitted a reponing note which will put everything back to where it was before decree was granted. Lawyer states that my offer is very reasonable and that provided it's maintained everything should be OK.

 

It's very foolish behaviour from the lender as they'd have been repaid quicker had they accepted my offer and agreed to suspend eviction action on that basis.

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