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

[middenmess]

Partial result,So far so good L----You've left your name in the post so perhaps best to edit it out.

[Ell-enn]

Hi, I think you got a good result today, you were lucky you had a judge with some common sense and who quite rightly pointed out that the lender should not bring a claim for possession while a benefit claim in ongoing.

 

You should do what he suggested and keep on at Capstone and the benefits people until you get it all confirmed.

 

You have bought yourself some breathing space to sort it out, make sure you take advantage of that.

 

Well done for being so brave

[dehowletts]

Whoop - Whoop!!:-D:-D:-D:-D:-D

 

You go girl......!!

 

The shining star of the North's done it again

 

I'm sooooooooooooooooo pleased 4 ya

 

DeH's x

 

ps Mine's adjourned til September toooooooo

 

pps me finks we should ALL celebrate (Ell-enn put down your paint brush & get a drink purlease!)

 

ppps you made me cry & I don't do crying my poor hubby just came in my office saw me sat here typing & crying & went into panic mode......lol!

 

 

[Ell-enn]

I'm about to have a drink DeH - I've got friends for supper this evening so a few G+T's will be raised to both of you for in recognition of the fact that you still have your homes. (I can sleep easy tonight now )

 

Please update your thread too DeH.

[dehowletts]

p.s re the DSS & your MC ...........

please see my earlier reply on your post which lists how I'd tackle this 1 now knowing what I know.....

 

i.e. my experience of being bounced back and forth for a year grrrr

 

but hopefully this info will save ya time & headaches

[dehowletts]

I'm about to have a drink DeH - I've got friends for supper this evening so a few G+T's will be raised to both of you for in recognition of the fact that you still have your homes. (I can sleep easy tonight now )

 

Please update your thread too DeH.

 

Yes ma'am!!

 

& big thanks xxxxx

[landy_alert]

Hi Lynne:)

 

So pleased to hear it all went well for you today!

 

Regards,

 

Landy x

[bs0lth]

Partial result,So far so good L----You've left your name in the post so perhaps best to edit it out.

 

Hi Middenmess, thanks for that didnt realised, Ive edited it now thanks. I dont mind using my first name, its better than the bs0lth, but that was all I could think of for a user name when I opened my account.

 

thanks again

 

Lynne

[bs0lth]

Hi, I think you got a good result today, you were lucky you had a judge with some common sense and who quite rightly pointed out that the lender should not bring a claim for possession while a benefit claim in ongoing.

 

You should do what he suggested and keep on at Capstone and the benefits people until you get it all confirmed.

 

You have bought yourself some breathing space to sort it out, make sure you take advantage of that.

 

Well done for being so brave

 

Hi Ell-enn

 

I know I bought myself breathing space, but to be honest thats what i needed to try to sort out some of this mess...

 

I must admit, the judge looked at my defence (your defence really), and said that he was not allowing it after he got to the first paragraph. big sigh of relief.

 

However, I must admit, ok I was very nervous, but capstones solicitor was really loverly, she said that she was there to represent her clients. However, she sort of pointed me in the right direction both before and in the hearing. And I got the biggest grin from her when it went my way. She did say that capstone were not as bad as some of the companies she represents but were not as good as others. She was a great help in preparing me to go in front of the judge as well, she told me all about him and how to treat him, which did come in usefull. She also said, that he could be unpredictable, shes been in front of him a lot of times, but over all he is fair and thats all I wanted.

 

I need to keep plowing away. The judge did say that if I couldnt get a solution before 28days that in all likelyhood they would push for another hearing... so I still have to keep going with this.

 

They did want a suspended repossession order to be made, if i could come up with a clear payment plan... and the solicitor said that this is the first time its been there so there was still lots I could do before them going for an eviction order.

 

She did also say to contact them again and ask to try for a payment holiday where I only pay the interest on the mortgage to give me some time to pay the arrears off... as this has happened recently in another one of her cases...

 

Tonight, Im going to bed early, Im shattered now... and first thing tomorrow its back on the phone to everyone and see what can be sorted out.

 

Thanks Ell-enn, I couldnt have done this without your help so far. I may need you again in the future but for now, I have enough to keep me going

 

lynne

[bs0lth]

Hi Lynne:)

 

So pleased to hear it all went well for you today!

 

Regards,

 

Landy x

 

Hi Landy.

 

What a day! I really dont want to do that again in a hurry.. lol Ell-enn has been a complete godsend, I really didnt believe that this would happen today... I was expecting it to go through. not them told to go away.

 

I have so much to do now its unbelievable, however, I still have my house... thank god....

 

Soo thank you for your support

 

lynne

[bs0lth]

Whoop - Whoop!!:-D:-D:-D:-D:-D

 

You go girl......!!

 

The shining star of the North's done it again

 

I'm sooooooooooooooooo pleased 4 ya

 

DeH's x

 

ps Mine's adjourned til September toooooooo

 

pps me finks we should ALL celebrate (Ell-enn put down your paint brush & get a drink purlease!)

 

ppps you made me cry & I don't do crying my poor hubby just came in my office saw me sat here typing & crying & went into panic mode......lol!

 

 

 

DeH's

 

Great great news for you to, the sun must have been shining for us today, Ive been wondering just how yours went on today, and Im soooo happy for you... there is a god somewhere.

 

Im still in shock at how much help capstones solicitor gave me. i was under the destinct impression that she was not impressed by them at all... hehe but my gain. and I cant believe she prompted me in the hearing when I needed to talk...

 

Anyway HUGE drink to you and Ell-enn...

 

what would we have done without her.

 

Lynne

[jansus]

Well done so far. As you say you still have a lot of work to do - but at least you have some time and you know what the hearing is like so hopefully it will not be so scary next time.And with any luck if your lender listens to the judge you may be able to avoid another hearing all together .

[jansus]

By the way have a rest and then we perhaps need to compose a letter to the lender regarding the fact that they said they can not help you with interest only - and the fact that they are charging so much each month for being in arrears. When you are on benefits that seems criminal to me.

 

 

but have a break first and then we wil see what we can do.

[LilyLou]

bs0lth

 

You are so brave,night sleep tight, have a breather, give yourself a day off, take care my friend will be thinking of you

 

regards

LilyLou

[bs0lth]

Hi Jansus,

 

Thanks for your support, I know I have an uphill battle with the company, but hey isnt it always. this is the very first time Ive ever been on benefits, and i would really like to get the all clear and go back to work. But there are times when my meds give me such a fuzzy head and other nasty side effects that its not going to happen until its all under control. thankfully the warmer weather has had a good effect on my arthritis and at least thats not playing up half as bad as it was.

 

But your right, I really need to get a grip on stuff. Im in the process of trying to to pull together any money I can. I have sold a bit of stuff that ok i like but its not as important as keeping my house, so hopefully I can raise a bit more that way.

 

I am still very worried about the whole situation, I still cant sleep but at some stage Im going to pass out. hopefully soon.

 

my minds going ten to the dozen about whats gone on today... and what I need to try to do.

 

anway, I will be back for more help tomorrow after ive been onto the DWP... sigh not looking forward to that one.

 

thanks again

 

lynne

[bs0lth]

Hi LilyLou

 

thank you thank you thank you... Im still not sleeping but Im a lot happier tonight than I was last night.

 

but I will be back tomorrow when everything sinks in and onto the next step.

 

it never ends does it.

 

Lynne

[Crapstone]

Hi Ell-enn

 

I know I bought myself breathing space, but to be honest thats what i needed to try to sort out some of this mess...

 

I must admit, the judge looked at my defence (your defence really), and said that he was not allowing it after he got to the first paragraph. big sigh of relief.

 

However, I must admit, ok I was very nervous, but capstones solicitor was really loverly, she said that she was there to represent her clients. However, she sort of pointed me in the right direction both before and in the hearing. And I got the biggest grin from her when it went my way. She did say that capstone were not as bad as some of the companies she represents but were not as good as others. She was a great help in preparing me to go in front of the judge as well, she told me all about him and how to treat him, which did come in usefull. She also said, that he could be unpredictable, shes been in front of him a lot of times, but over all he is fair and thats all I wanted.

 

I need to keep plowing away. The judge did say that if I couldnt get a solution before 28days that in all likelyhood they would push for another hearing... so I still have to keep going with this.

 

They did want a suspended repossession order to be made, if i could come up with a clear payment plan... and the solicitor said that this is the first time its been there so there was still lots I could do before them going for an eviction order.

 

She did also say to contact them again and ask to try for a payment holiday where I only pay the interest on the mortgage to give me some time to pay the arrears off... as this has happened recently in another one of her cases...

 

Tonight, Im going to bed early, Im shattered now... and first thing tomorrow its back on the phone to everyone and see what can be sorted out.

 

Thanks Ell-enn, I couldnt have done this without your help so far. I may need you again in the future but for now, I have enough to keep me going

 

lynne

 

A word of warning...

 

Take what the 'solicitor' says with a pinch of salt. They're all smiles and become new 'best friends'. Their duty is to their client and they will manipulate you into what's best for them however friendly they seem. And that is to get you to pay as much as possible whilst still keeping the threats over your head.

 

The grin was probably because they know what is going to come your way.

 

They are pushing you back to Capstone.. a fee to go on interest only and if you do then higher payments will be charged if/when you go back to repayment or you have a shortfall.

 

Capstone want their money and however they get it is fine by them.

[Crapstone]

Make a file of everything you have from your lender and Capstone. You need to dispute these charges and fees added but you have to complain to your lender first. Then go to the FSO. Ignore the part about court action, the judge was warning about what could happen and not what will happen and it's not a case that involves charges.

 

This is hastily written, but do look up the Capstone threads on how you can reclaim their fees and make them sweat.

[bs0lth]

Hi Crapstone.

 

I've had a busy day. I understand exactly what you were saying, I was cynical about their solicitor, however, I was under the impression that shes not impressed with them at all. She is only a local one used occassionally to go to court up here for them. And to be honest she could have sat there and let me blunder through everything... instead of prompting me to hand over evidence etc.

 

anyway apart from that.

 

I have been back onto capstone today, asking for a full breakdown of all the arrears to be sent out to me. I said that I wanted it in writing because I knew they were adding on the liltigation fees to the arrears... when it comes down to it all, the fees they are claiming as arrears add over £1000 to the arrears. Im going to try to clear off the balance of the true arrears and see if I can do something about the charges.

 

I seem to spend all of my time reading through things about spml or capstone on here and its not at all good.

 

I am going to try to get the charges back, but for the time being I really want this account back to normal.

 

They did actually tell me tonight that they have sent my MI-12 form back to the DWP so hopefully they will have got that tomorrow when I phone to see how long thats going to take.

 

All in all I know that this is an uphill slog but I really truely want to sort this mess out and try to get my life somewhere back to normal. All the stress and worry is not helping me trying to get my head straight and my bipolar under control..

 

Ive asked about going onto interest only, several times and each time they have replied that they no longer do interest only mortgages they stopped them in 2007... so I have no luck there.

 

thanks for your advice, Im taking it all seriously...

 

Lynne

[Ell-enn]

Hi Lynne, you need to put your request for a breakdown of the arrears in writing - so if they don't comply you can show it to a judge if need be. If you need help with the letter let me know and I'll happily draft one for you. Keep everything with them in writing and always send by recorded delivery so you can get the signature receipt from the royal mail website (also keep a copy of anything you send to them).

 

Ellx

[bs0lth]

Hi Ell-enn

 

Ive sent everything via recorded delivery. However, the MI12 form I sent special delivery and took the proof of delivery and cert of post with me yesterday. I told the judge that they had recieved the forms, showed him the proof as well. I didnt put it in with my evidence as you suggested but took it with me.

 

I used to sell on ebay a lot and I learned the hard way, you cant prove nothing unless its sent recorded... so everything goes that way now.. 72p is a small price to pay to have proof something got there.

 

I will put it in writing tonight, to ask them for a full break down af all the arrears. The guy on the phone did say that I was taken to court for a completely different amount, but thats not what their letters say, nor is it what they asked the judge for either... and... added to the arrears is Julys payment that is not due until the 30th of the this month....

 

I so want to sort this out and leave them with egg on their faces...

 

next step tomorrow is trying to sort out the DWP...

 

Give me strength.. hehe

 

Lynne

[Crapstone]

Hi Lynne,

 

It is an uphill slog but it is one you can keep on top of. I'd always advise against calling them but if you do always make a note of their full name, the date/time and any extension number they have directly to them plus notes of what was said.

 

Get out all your statements and letters and check all of them. You are sure to find errors when you cross reference them. It takes a lot of patience to go through them all but worth it.

 

If you haven't done so already, ask for a Subject Access Request which will cost you £10 but may reveal a few things that could be useful to you. Question any court or solictors fees and ask for receipts and a break down of them.

 

Remind them of their duty to assist you and of the judges comments if they start being awkward. They may have stopped interest only as a package but it's still open to them to do whatever it is they can to help. But we know they won't because your debt will have been securitised and a 3rd party is waiting for their payments in full.

 

You're not alone in fighting them Lynne and if you do take the charges to the FSO you will almost certainly win like I did. The FSO aren't best impressed by Capstone and their account handling.

 

If you need any help just ask.

[bs0lth]

Hi Crapstone.

 

Im in the middle of taking the bull by the horns so to speak. I have been paying their buildings insurance.. ha it was cheaper than anyone else when I first took it out and ive never queried it. Now however, Ive managed to get a better deal all round. so I phoned them to ask to cancel the insurance... they said before they can they need to see the statement from the other company.. all a delay tactic me thinks... never had a mortgage company ask this before, and Ive had a mortgage for the last 23 yrs... they just want to keep taking more money from me... it will all be on a insurance database as they say that they share things.

 

It was going through my statement that I discovered the true cost of my insurance.. thats about to change as well.

 

Im going to report them to the FSO, they have added the charges to my arrears, which isnt allowed.. and they are astonomical.. so Im not going to let this one go now.

 

I still see an upward struggle... but to be honest, there is this and my ex bank Im fighting at the moment...

 

it keeps life interesting.

 

never mind thanks for your offer of help, no doubt Im going to be needing it.

 

thanks again

 

lynne

[jansus]

Here is one of the threads crapstone is referring to http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/170607-spml-london-mortgage-company.html

 

I agree you have to get the amount of arrears and the amount of charges very clearly defined .Hopefuly secure your property and then tackle the charges .

[Crapstone]

Hi Crapstone.

 

Im in the middle of taking the bull by the horns so to speak. I have been paying their buildings insurance.. ha it was cheaper than anyone else when I first took it out and ive never queried it. Now however, Ive managed to get a better deal all round. so I phoned them to ask to cancel the insurance... they said before they can they need to see the statement from the other company.. all a delay tactic me thinks... never had a mortgage company ask this before, and Ive had a mortgage for the last 23 yrs... they just want to keep taking more money from me... it will all be on a insurance database as they say that they share things.

 

It was going through my statement that I discovered the true cost of my insurance.. thats about to change as well.

 

Im going to report them to the FSO, they have added the charges to my arrears, which isnt allowed.. and they are astonomical.. so Im not going to let this one go now.

 

I still see an upward struggle... but to be honest, there is this and my ex bank Im fighting at the moment...

 

it keeps life interesting.

 

never mind thanks for your offer of help, no doubt Im going to be needing it.

 

thanks again

 

lynne

 

 

Hi Lynne,

 

Their block insurance has never been cheap. You will be charged for them to check your own insurance which is in the t&cs'.

 

DON'T list anyone on your insurance other than your lender despite what they may ask for. To speed things up you can fax your insurance to them, get your insurance company to send a copy direct and also send a copy recorded delivery. They have a habit of losing insurance docs. or claiming they can't read them.

 

The FSO will be on your side, just remember to include every issue you have. If you leave something out you will have to through the whole thing again and DO point out anything that happens after your initial complaint. Don't assume it will be covered and also be prepared for Capstone to take a harder stance if they lose.