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HI

 

Please help me. I have a secured loan with capstone back in Dec i fell behind with payments and they treid to seek possesion but with your help from here managed to come to an arrangement where i was paying hundred pound a week to get the balance down.

 

However business went a little quiet and has been for a couple of months and have not been able to keep up with the agreement.

 

I made phone call explaining change of circumstances as i was not earning enough to cover the repayements. I called them a couple of time explaining this and all they would do is add a £110 charge on my account because i have not made the agreement and would not discuss making a new agreement.

 

 

i have missed two months payments court date is in a couple of days and obviously i need to get a statement to court and a buget deliver by hand to them. Could do with your help here guys desparatley

Edited by nickxx2873
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Hi there, I take it you haven't returned the N11M defence form?

 

I can help you with a statement for court but will need more information:

 

Is the mortgage in joint names?

Are there any children living in the property?

Are you able to offer an amount each month towards the arrears in addition to the normal monthly payment? if so, how much?

 

I have affixed the budget sheet we use, remember when filling it in that the amount you are offering towards the arrears in addition to the normal monthly payment is the amount left over after everything else has been accounted for.

 

Ell-enn

Budget Sheet.xls

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Hi, thanks for getting in touch. The loan is in my name only. i am the only person living here the loan per month is 101 pounds i can offer 150 for the next six months and then have a review where i would be able to pay more with the run up to xmas where work does get pretty busy.

 

Also got a few other things going on in august in reards to my business where all being well could increase my turn over dramaticaly so basically looking for 6 months at 150 and then a review to increase payments if you need to know more about this can pm you some details.

 

As for n11m defence form i have not recieved one for some strange reason, i dont knowif his has been doen because i was in a simlar postion just beofre xmas, i did maintin the payments during that time and did call the lender in march to xplain i was not eanring as much. how ever this fell on deaf ears.

 

SO for some clever reason i decided not to pay until i got to this situation so i could work out a new paymentplan with courts...im thinking it was a silly idea

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OK, I'm just finalising your statement for court - how much are they claiming the arrears are? if it is more than you think it should be then it is likely that they have added the £110 monthly arrears charges into the arrears figure. This is wrong as they are not providing the court with the true arrears figure which should be just the missed monthly payments.

Arrears charges should be added to the outstanding balance NOT to the outstanding arrears.

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OH wow i didnt realise that, im sure they have been adding the 110 to the arrears for definatine they also added the soclitors fee to the arrears as well which was £375

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How much are they claiming the arrears are? (have you had a letter from them regarding the reinstated court hearing stating an arrears figure?) and how much do you think it should be?

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sorry for the delay..thought i would double check the latest statment. My Arrears a just over one thousand pounds. They have been adding the charges to the loan amount. I supose this can be disputed at a later date.

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OK, if you don't think they have added the monthly charges onto the actual arrears we can't use that.

 

Affixed is the statement - you say you can pay £150 in total - if you make it £151 it will be a straight £50 per month towards the arrears, is that OK?

 

At the top of the statement fill in the details where there are XXX's (remove the XXX's) but don't edit the column to the far right with Claimant and Defendant in it.

 

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

 

You will need to take a couple of photocopies of the statement to take with you on the day.

 

Have you been to a hearing before?

Nickxx2873 Statement.doc

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You've explained in your statement that you suffered a downturn in business. If you have any confirmation of future orders it might be a good idea to take a copy of them with you.

 

You should arrive at the court in plenty of time. If there are any free legal representatives there, approach them and ask for their advice. They can accompany you into the hearing if you wish. Sometimes the representative for the other side will ask to speak to you, it is up to you whether you do or not. If you do, and you feel intimidated at any time, just end the conversation by saying you would rather wait for the judge to decide.

The hearing will take place in a private room with just the judge, you and a representative from the other side. It is usually conducted around a table, like a meeting. The public are not admitted. The judge will know that you are nervous and they are usually very good at guiding you through the process. If you have to address the judge it should be Sir or Madam – and don't interrupt them!. The whole procedure should take no more than 5 or 10 minutes.

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Also be aware that if a solicitor for Capstones turns up they will try to talk to you and perhaps not make it too clear who they are and what their purposes may be. They may try to get you to agree to something you don't understand before you even go into the court room.

 

Say nothing and politely tell them that anything that has to be said should be put before the judge.

 

On my first ever day in court, in the waiting room, I assumed the friendly person speaking to me was on my side for some ludicrous reason and was some court appointed rep. Of course they were acting for the claimant but I was so nervous I just didn't think. Don't let that happen to you.

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Hi Ell-en

 

Thanks for your help, Managed to get a suspended possesion order with an agreement that will suit me rather then them. Paying a realistic amount which i can afford/ Judge did give them a ticking off about them not listening to me when i tried calling the to explain change of cirmcumstances which was great.

 

Thier solicitor did turn up gave her my statement which you did a beautiful job of(thanks) she sat there done some maths went away amde a phone call and got it all agreed before we went in.

 

 

Once again thanks massive wieght off my shoulders xxx

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Brilliant Nick - well done :)

Help us to keep on helping

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

 

 

This site is run solely on donations

 

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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