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bs0lth

I know this is a last minute attempt but can somebody please help me.. due in court on Monday

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I need help here but things are so complicated Ive buried my head in the sand and I really dont know what to do. I have tried everything to sort this out and Im getting nowhere fast.

 

I will try to be brief and give you the basics, but Ive all ready scrapped my first version of this posting cos it just went on and on.

 

1st. Im in arrears with my Mortgage, I owe Capstone £3929.11 of which my mortgage statement says £1115.00 is various charges. Which makes my total arrears £2824.11.

 

I have medical problems that mean I am not working at the moment, I am currently on ESA (Employment and Support Allowance). I have been to see the Jobcentre plus's medical assessor who agrees with my doctor that I am unfit to work at the time being. I have arthritis in my spine and I am bipolar.

 

Was wrongly informed when I claimed my ESA, was told that I needed to claim Contributions based rather than Income based to get help with my Mortgage... in fact the information was the wrong way round and although they filled in the right questions they ticked the wrong box.

 

I was told that at 13 weeks I would be sent a form to pass on to my mortgage company (M1 12). At 13 weeks I phoned to ask where it was, and was duly sent out a housing benefit form which I filled in and sent back.

 

last week I got confirmation that I could have Council Tax Benefit... phoned up the council to ask about help for my mortage and was told, nope you cant get help with your mortgage only rent.

 

Phoned ESA, to say when I applied for this you told me I would get help, turns out you sent me the wrong form... can you help me.

 

ESA says, sorry your on the wrong type of benefit there is nothing we can do to help.

 

Phones the benefit helpline... who helped... told me that I needed to talk to a supervisor or manager. That I was wrongly advised at the begining, and I need to have my claim amended, and not restarted as it would set the claim back to 0. and also I needed to talk to the mortgage team.

 

Send out a form for a change from contributions based to income based. Sent that off the same day it got here.... Got the M1 12 and filled that in and sent that off Special Delivery marked Urgent....

 

During all of this Ive been talking to Capstone. I havent been paying all of my mortgage, with only having benefits to survive on, but I have kept paying them money... beg borrowed and considered stealing...

 

They also said on Friday last week that it had gone to the litigation team and that I was due in court on Monday at 3pm.

 

I havent recieved anything at all... told them this.. asked for the documentation. was told that it was only a letter from their solicitors, but it was only telling me when to be in court. Still nothing from their solicitors...

 

back on the phone on Monday, tell them that I have the Mi 12 and ask them how long it takes to turn round... told 48 hrs max...

 

Phoned today. was told its still not on our system but even if it was it wouldnt be worked on until after the hearing now. I also asked if I could be put on and intrest only mortgage for 12 months as advised by the benefits people

 

Asked again to complete a income and expenditure. Im on benefits, been messed around and I have no idea what my expenditure is until after I know exactly how much ESA will be paying you. Well in that case you need to go to court.

 

Now...

 

I have no idea what I need to take. I have the letter stating when the hearing is and the witness statement but non of the attachement.

 

Can anyone help me with this please.

 

Sorry its been so long.. this is the condenced version.. trust me.. you would still have been reading the other one.

 

thanks Lynne

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Hi Lynne, sorry to hear you are in this situation. I can help you with a statement to take to court with you on Monday but it will have to be tomorrow as I need to log off now for a early start in the morning.

 

In the meantime you need to complete the affixed budget sheet to go with the statement.

 

Can you also list payments you have made since you have not been working.

 

You will also need the statement showing the arrears charges as they are not allowed to claim they are part of the arrears.

 

Any documents you have regarding the MI you are claiming will also be useful.

 

What court claim papers have you received? was there no N11M defence form among them?

 

Ell-enn

Budget Sheet.xls


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Hi and thanks so much for your help...

 

Ok I havent recieved anything from the court, and no papers from the solicitors or anything. I have actually been reading round the forum for the last two days trying to get some sort of answers.. to try to get my head round whats happening.

 

I phoned Capstone today to ask exactly what was sent out to me. They said not to worry there was nothing that I needed, all there was was a letter stating the time and date of the hearing.

 

I said ok.. then started to read again. I phoned Capstone Back, and said are you sure there was nothing sent out, at all. They then said well phone our solicitors...

 

so I did, this is when I got the letter of intent to go to court, and the witness statement but not all of their evidence.

 

I have my statement that arrived earlier on this week. It shows all of the charges.

 

Ive already done a budget form, got it all ready printed off, but at the moment It doesnt look good, as Im trying to pay out everything from £89.30

 

not a lot when you concider my mortgage is £516 per month...

 

I can tell you exactly how much I have paid and the dates paid over the last 6 months.

 

My mum actually made this months payment in full, just for my piece of mind as Im just besides myself with worry.

 

is there anything else you need to know.

 

Lynne

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Hi Ell-enn

 

Im sitting reading all of this again. I havent had any court papers, I havent seen a N22m defence...

 

 

I have a list of all of the payments to my account since I havent been working.

 

The only thing that worries me at the moment, is that I still havent recieved anything from ESA to say what they are willing to pay, they will only do that when Capstone sends them the MI 12 form back. And they are saying that that will not happen before monday, so to be honest I really cant say how much I can pay.

 

One thing that is really worrying me at the moment, i had not realised that they have charged me £115 each month since Jan. Even if I set up an agreement with them are they still going to be charging me £115 per month for being in arrears?

 

cos Im not going to be able to pay off anything that way.

 

Thanks so much for answering me.

 

Lynne

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Hi Ell-enn

 

do you need my budget sheet back to you.

 

Lynne

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Hi there, the monthly arrears charges of £115 should be added to the outstanding mortgage - so what you pay towards the arrears each monthshould reduce the arrears total. Also, they cannot include the arrears charges in the arrears figure they are claiming in court - have they done that on their claim form?

 

I don't need the budget sheet back, hold on to it until I've done the statement.

 

Can you list the payments you have made over the last 6 months please.

 

Also, do you have a letter or anything to prove that you are applying for the ESA payments? Have Capstone confirmed they have the forms?

 

Also do you have any documentary evidence of your medical conditions either from your doctor or the medical assessor?

 

The Civil Justice Council Mortgage Arrears Protocols state that lenders should not proceed with a possession proceedings if the customer is awaiting confirmation of their claim for mortgage payments from the benefits agencies. We will quote this in the statement.

 

Do you have a printer at home? you will need to print out the statement when I've posted it on here.

 

Ell


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Hiya, I have all the documentation for my ESA claim, the wrong one, it shows what I get etc, but the one they got wrong, try as I have, they will not accept that it was their fault that I was given the wrong type of benefit... I do have the documentation they sent out that lists my mortgage company account no etc.

 

I still havent recieved anything from the ESA on how the new claim is going, but nothing at all in writing, they just sent out a new form.

 

I have the both, I have a copy of a letter from my consultant, describing my bipolar, and also I have a copy of the medical services medical results, which state that they class me unfit for work for at least 6-12 months.

 

i also have a letter from them saying that I no longer need to send in sicknote for 12 months as per what their medical examination results were.

 

I think I have a copy of my xray results state, Im not sure though I will have a look tomorrow.

 

I will get the dates and amounts of money i have paid tomorrow.. I need the exact date from my mum of the last payment she made for me.

 

I rang Capstone Yesterday, they said that they can not confirm they have the forms yet as it takes a while to get onto their system. However, I sent them Special Delivery, so I can get proof that they recieved them from the royal mail website.

 

Also, they didnt send me a claims pack or anything at all bar two letters... both of which I didnt recieve. I did phone their solicitors to ask for a copy of what they were using and they said all they have sent out is the two letters.... on a witness statement.. which Ive only got the first sheet of and the other a letter stating that they were starting repossession proceedings.. I can send you both of them if you need to see them

 

I honestly dont know if the charges are in with the arears or not. I dont have anything from them to breakdown what the arrears are. However I think they might be looking at my statement.... I seriously dont know the answer to that, I could phone them up on monday morning to find out if the arrears are made up with the charges as well...

 

I have a printer at home and it has new ink in it as well so I can print until it runs out.

 

Im working in the dark here, I really couldnt get much out of them all week, they have told me that it will be a short meeting to put forward a payment plan in front of the judge to clear the arrears... They also said it was just a formality so that the repayment is formalised.

 

I dont believe them though and I must have made at least 20 calls over the last week since this was announced that I was going to court.

 

I will pull all of the information together, is it worth copying all my docs for their reference?

 

thanks for you help, can you think of anything else Im going to need.

 

Lynne

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Has Capstone told you what court you are going to? It should be the one nearest to you, rather than somewhere like Northampton, it sounds strange that you haven't had the paperwork from them but that seems par for the course. You are in good hands with Ell-enn.

 

If you are continuing to make full payment of the main mortgage they should really 'capitalise' the arrears at this stage - they are trying to rush things somewhat and those charges can (I understand) be stopped by a judge.

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Hi

 

just to say you are in good hands with Ell-enn and hope it goes ok on Monday.


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

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offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Guys thanks for the support, Ell-enn has been a great help.. thank you thank you thank you...

 

Anyway crapstone informed me over the phone, its in sunderland so its the one local to me. I know its unusual not to get paperwork, normally you are bombarded with the flaming stuff and its making life pretty difficult because I have no idea what they are going to refer to. The solicitor said that she would make me a copy and give it to me in court.. nice huh?

 

So Im not going to panic, Im methodically trying to get everything together that is suggested, and taking a deep breath and my mantra for the weekend is.. dont panic... dont panic... dont panic.

 

That being said, I was just going to throw in the towl and let them take the house, but then, I thought you know what Ive stuggled to pay the mortgage, the last few months I havent had a penny to my name, Ive relied on my family for help and I would let them all down if I just gave up now.

 

So the fight will continue. I may try to sell the house in the near future and try to find somewhere else to live but this at least gives me some kind of lee way.

 

I was thinking of asking the judge to sort out the charges... Im amazed that they can stick so much on each month...

 

Thanks again for your support

 

Lynne

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Hi there, just to clarify - is this a new possession claim or is there already a suspended possession order from a previous claim?


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Hi Ell-enn

 

 

The only thing that worries me at the moment, is that I still havent recieved anything from ESA to say what they are willing to pay, they will only do that when Capstone sends them the MI 12 form back. And they are saying that that will not happen before monday, so to be honest I really cant say how much I can pay.

 

Lynne

 

Hi Lynne

 

Please learn from our experience if you can and any q's i can answer I will gladly if I can.

 

With regards to your above statement we were messed around by the DWP & our MC for a year with regards to this, I'm not writing this to dis-hearten you more to let you know how to get faster action:

 

  1. find out who the manager of the section at the DWP is and address EVERYTHING to them (at least then they are aware of your application and can delegate accordingly)
  2. LET THAT PERSON KNOW THAT YOU ARE ABOUT TO BE EVICTED (sorry to shout but it was this bit that finally got them to get their finger out of their a***s)
  3. send EVERYTHING to them by trackable means (e.g. recorded delivery registered post)
  4. ask for a named contact to deal with (they'll prob tell you no initially be persistant)
  5. ask for current timescales of how long applications are taking
  6. tell both your MC and the DWP when you'd like things done by DON NOT leave it to them re timescale!! (i.e. you've received xyz from me today can I ask that you're response is with the other party by x date if this isn't acheivable please let me know etc etc)

Hope it goes your way, my thoughts are with you xx


what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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p.s. sorry just 1 other thing all of the above obviously irrelevant til after monday ;)


what goes around comes around

EVERY cloud does have a silver lining you just have to look really REALLY hard sometimes..

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Hi there, I've done your statement but just need to know:

 

Is the mortgage in your name only?

Do you have any children?

 

You will need a copy of the following:

 

Letter from your consultant and also medical services report - this will be Appendix 1

Your mortgage statement - this will be Appendix 2

Your budget sheet - this will be Appendix 3

 

On each of the above write the claim number on the top left hand corner and the relevant appendix number on the top right hand corner.

 

You will then affix to the statement and this will form your pack for the judge. You will need two further copies of the pack, one for the other side and one for yourself to refer to.

 

If there are any free legal advisors at court then approach them and ask them to come into the hearing with you. Have you been to a hearing before?

 

As soon as you answer the above questions I will affix the statement.

 

Ell


Help us to keep on helping

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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Hi Ell-enn

 

Ok it was a suspended one I think, from a year ago, but Ive been through all of my paperwork and cant find anything at all that relates to it.

 

Ok

 

Im in the middle of photocopying everthing in triplicate.

 

so far I have,

 

The medical report done by ESA

My consultants report for my doctor (you will never know how much trouble that was to get my mits on, but got it anyway)

My last mortgage statement

The letters from ESA stating how much I get per week

letters from the working Tax credit

my financial statement, I have done two different ones, the first, is exactly as it stands at this moment of time, taking into account me paying the mortgage, a second taking into account the DWP paying my mortgage interest. I dont know which one to use.

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Hi there, I've done your statement but just need to know:

 

Is the mortgage in your name only?

Do you have any children?

 

You will need a copy of the following:

 

Letter from your consultant and also medical services report - this will be Appendix 1

Your mortgage statement - this will be Appendix 2

Your budget sheet - this will be Appendix 3

 

On each of the above write the claim number on the top left hand corner and the relevant appendix number on the top right hand corner.

 

You will then affix to the statement and this will form your pack for the judge. You will need two further copies of the pack, one for the other side and one for yourself to refer to.

 

If there are any free legal advisors at court then approach them and ask them to come into the hearing with you. Have you been to a hearing before?

 

As soon as you answer the above questions I will affix the statement.

 

Ell

 

Ok I didnt click on the quote button the first time..

 

I dont have the claim number, its not in the letters that have been emailed to me and I have nothing from the court either.

 

I havent been to a hearing before, but I think I have a good idea what to expect.

 

I will get to the court early to see if there are any free advisors available..

 

Is there any more information that you need. Im sorry that Ive only just got online, my routers playing up and Ive spent all day looking at is, talking to it saying if your dont work Im going to hit you with a hammer

 

Thank you so much for your help, especially on a sunday.

 

Lynne

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Hi there, I was just getting worried about you in case you couldn't get on line before tomorrow :)

 

Re the budget sheet - on the one with the DWP paying your interest, are you able to pay anything towards the arrears, even a very small amount?

I'm assuming your mortgage is interest only - is that right?

 

Did you attend the hearing a year ago or did they get a suspended possession order in your absence?

 

Is the mortgage only in your name?

Do you have children?

 

Sorry for all the questions but I need to know before affixing the statement:)

 

Ell-enn


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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Hi Lynne

 

Please learn from our experience if you can and any q's i can answer I will gladly if I can.

 

With regards to your above statement we were messed around by the DWP & our MC for a year with regards to this, I'm not writing this to dis-hearten you more to let you know how to get faster action:

 

  1. find out who the manager of the section at the DWP is and address EVERYTHING to them (at least then they are aware of your application and can delegate accordingly)
  2. LET THAT PERSON KNOW THAT YOU ARE ABOUT TO BE EVICTED (sorry to shout but it was this bit that finally got them to get their finger out of their a***s)
  3. send EVERYTHING to them by trackable means (e.g. recorded delivery registered post)
  4. ask for a named contact to deal with (they'll prob tell you no initially be persistant)
  5. ask for current timescales of how long applications are taking
  6. tell both your MC and the DWP when you'd like things done by DON NOT leave it to them re timescale!! (i.e. you've received xyz from me today can I ask that you're response is with the other party by x date if this isn't acheivable please let me know etc etc)

Hope it goes your way, my thoughts are with you xx

 

Hi dehowletts,

 

Ive had so much running round to do its been unbelievable. I have just about done everything you said, I send nothing out in the post unless it is by recorded or special delivery. This is years of experience of things going "missing" in the post. so I have a huge collection of recorded delivery reciepts.

 

as far as the DWP, Im hacked off with them, I spent two days on the phone trying to get some help, it seems that the muppets on the phone, really dont know about the mortgage people, it was only when I kept asking to be put through to a supervisor that magically I was put through to them. They guy that I talked to has been pretty good all round, he told me to mark the return envelopes with his name, and he said that if I had any more questions that I should ask them to contact him directly so that he personally could deal with it. He also said that he would be dealing with my claim and will look out for it arriving in the post.

 

The scarey thing here is, it takes at least 3 working days to get put on the system which slows everything down. Mind you Capstone said if I could send in the form they could have it back to me within 48hrs... it was a fast process. That changed when on Tuesday I rang them up to confirm delivery and to see how fast they could get it back... was told at this point it could take up to 4 working days to get the form onto the computer. So how come I wasnt told this in the begining...

 

I have lost all hope at whats going to happen. I have decided to keep on going with this to see if I can actually get some light at the end of the tunnel. but to be honest, Im not holding out any hope that things are going to get better.

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Hi Ell-enn

 

Im not reading properly tonight.

 

The mortgage is in my name, and my name only, I do have a daughter who lives with me but shes 22.. dont thing thats going to help

 

Lynne

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Hiya again.

 

My mortgage is a repayment mortgage not an interest only one. I have asked about going onto an interest only mortgage, I didnt know that I could ask about that. The person from capstone that I talked to, said that he would put my request through to the right department, and how long did I want it for?

 

I was phoned back by capstone, who said that they stopped doing interest only mortgages in 2007 and they would send out other information that could help..

 

As for the repayments. If i get help paying the interest part of the mortgage I should be able to cover the rest of the payment and a small repayment, perhaps £20-25 per month. I know its not a lot, but hopefully its a start.

 

The mortgage guy from the DWP said that the claim should be backdated to when I was entitled to help which means that they will pay out the last 4 months interest, which should help reduce the arrears.

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Ahhh I will take in what your asking me and answer properly

 

It didnt get as far as court, I managed to get the arrears paid off in time, and they pulled it out and said that I didnt need to go. So this is the first time its gone there

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The whole reason for the extra payment from my mum was they said that if I could come to an agreement with them and pay off some of the arrears then they would pull it again. But they decided to change their minds about that... so they got money out of me, a full financial budget sheet and all kinds of other information, they said they could set up an agreement to pay off the arrears, but when the DWP's mortgage people could tell me how long it would take, and them saying that they hadnt the form on the computer time seemed to run out.

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Ahhh I will take in what your asking me and answer properly

 

It didnt get as far as court, I managed to get the arrears paid off in time, and they pulled it out and said that I didnt need to go. So this is the first time its gone there

 

Typical and very sneaky !! they obviously didn't cancel the hearing - attended court and got the suspended possession! However, if you hadn't taken their word for it and gone to court you would have been able to tell the judge the arrears had been paid off - they wouldn't have got the suspended possession order then. This is exactly why I tell people never to believe lenders when they say you don't need to go to court. Never mind, nothing we can do about that now.

 

We just need to give you a good defence this time.

 

Just need you to answer the questions :)

 

Ell


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which ones now...

 

Im loosing the plot my poor printers in over drive... hehe

 

mort in my name

holly my daughter lives with me but is 22

I pm's you the payments made

dont have a case number, but should get that tomorrow and I will take a pen with me. (unproffessional I know but all I can do unless I ring the court up in the morning )

budget sheets ready to go

eeek what esle have I missed

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OK, statement affixed. You need to enter the info at the top where there are XXX's (case number will have to go in tomorrow).

 

Enter the list of payments where I have left a space (are you OK to do that?)

 

What about the budget sheet - if you use the one showing the payments from the DWP are you able to make even a small payment towards the arrears? if so, include that one.

 

If you haven't attended a hearing before - 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.

 

Any questions just shout :)

 

 

Ell-enn

Bs0lth statement.doc


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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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