Capstone Repossesion

[jayleblake]

Hi, I wonder if you guys can help me?

 

I am due to go to court this Wednesday for a repossession hearing. Capstone (SPML) have said they don't want to repossess, they just want a suspended court order as insurance against further missed payment. My Mortgage had been paid fine for the last 6 months but there is still £6000 arrears.

 

But, upon reading my Witness statement and Exhibits that they have sent thorugh this morning, I noticed that the amount outstanding was totally incorrect. Then I noticed that the last payment I made on record was completely the wrong date and amount. As I read on I noticed that they have sent me the details of a another customer and although my name is on the first couple of pages all of the payment history is from a completely different person.

 

I'd like to ask what my best course of action is? Should I tell Mathew Arnold & Baldwin (Capstone's legal dept) of thier mistake first thing Monday? Just turn up to court and then point out the mistake? Use the fact that they've sent me someone elses Name, DOB, Address and full payment details and arrears on thier mortgage as some sort of data protection act lever to help my case?

 

Any advice would be most welcome.

 

Thanks in advance.

[jayleblake]

I'm not getting much action here and time is ticking for me

 

Maybe if I rephrased: Capstone are trying to repossess, but they have accidentally sent me the sensitive data of another person. I'm talking everything from Date of Birth to Mortgage history. home phone number, address, arrears, the works. I don't want to play any dangerous games, but desparate times and all that.

 

Do you think they'd back off a little if I kicked up a fuss about them giving me this persons data and them potentially giving mine out to others?

 

They've agreed to a payment plan in principal but they want the suspended order (which I'd like to avoid).

[nuke em]

The Court wont care about the wrong data, that's for remedy under the data protection act ie you have to tell the information commisssioners ( which i would do anyways)

 

you could try telling Crapstone that if they insist on taking you to court for a suspended order then you will cause them as much trouble as possible by their breach of the data protection act . you need to speak to a director or someone very senior who would need to understand the implications for them, ( which might only be a £500 fine for example. check out the Act see what the remedy are for their breach)

 

have you answered any court documents thus far, to- date?

[jayleblake]

I haven't answered any document s yet. I have however spoken to Capstones solicitors this morning. They've told me to shred the documents and have emailed me a new set. Is it a legal requirement for me to recieve these docs before the case can go ahead?

[uneverdid]

DO NOT SHRED THE DOCUMENTS they will be needed if you make a claim for data protection breach.

[Mrs E Blackadder]

Just looking around at the posts on here as I have a delayed repossession order on my home and have found your post. Whatever you do, DO NOT shred the documents. That is exactly what they want you to do so that you then have no proof of what they have done. Just a thought, but have you thought about contacting the person whose details they have sent you? After all, I can't imagine they will be too happy...

[uneverdid]

ooh Mrs Blackadder not thought of that route for Jayleblake to take.

 

Ha ha i like your style

[nuke em]

I haven't answered any document s yet. I have however spoken to Capstones solicitors this morning. They've told me to shred the documents and have emailed me a new set. Is it a legal requirement for me to recieve these docs before the case can go ahead?

 

 

legal requirement eh ? that sounds important. Howsabout returning the new ones and therefore not accepting service of them ?

 

also

howsabout not accepting juristicion of the court, did you know u dont have to!.

 

check out Home | www.tpuc.org to discover the real ( as opposed to the "legal fiction" ) you

[Mrs E Blackadder]

ooh Mrs Blackadder not thought of that route for Jayleblake to take.

 

Ha ha i like your style

Hi uneverdid. Well if my details had been sent out in error then I think I would want to know about it. And think about it - if jayleblake has received their details then where did jayleblake's info go? Probably to someone else. Looks like it could be a bigger problem for Capstone than originally anticipated!

[bs0lth]

Hi Jayleblake

 

Im sorry I havent seen your postings before. I ended up in court yesterday (monday) for exactly the same reason you are. Capstone lied, they are not out for a suspended reposession they will be going for a repossession with 28 days to pay off your arrears.

 

I had some help from Ell-enn and Im supprised that she hasnt seen your thread. anyways she came up with a lot of usefull information for me, and Ive mangage to get the hearing adjourned pending an outcome from the DWP... benefits...

 

have a look at my thread.

 

http://www.consumeractiongroup.co.uk/forum/repossessions/211056-i-know-last-minute.html

 

I worked all weekend to get the evidence together, so depending upon what time your in court your going to have to work fast.

 

the first thing I was told to do was put together a Income and expenditure sheet.

 

Then I had to get together all evidence that I had for my medical conditions and why I got into arrears...

 

Then I enclosed my last statement from capstone, showing the payment and arrears...

 

Ell-enn then helped me by drafting my defence....

 

I added in the bits where i needed to.

 

now one thing, I know that part of the arrears to capstone is their charges. Your being charged £115 per month for litigation management fees. I have been told that they are not allowed to claim these as part of the arrears, they should add this onto the loan....

 

have a look at all of the attachements, you maybe able to sort this out in the morning. Take it all with you, when you go to court.

 

Also some court have free legal advice there on the day. Unfortunatley this was not the case with me, but if they are there you may be able to ask them to come in with you for the hearing.

 

One other piece of advice. dont interupt the judge, make sure you call them either sir or madam ma'am. and put your point as concisley as possible.

 

Most of all Good luck tomorrow.

 

Lynne

[bs0lth]

this is sort of a ps. The data protection thing is another thing completely your going to have to work on that at a later date, your main concern is keeping your house. Dont trust capstone in the least, they are lying whatevers....

[mikeyb101]

I had a similar situation with Capstone (not the wrong data but the wrong arrears). Their legal man had the wrong arrears on his data and I pointed it out to him about 10 minutes before we went in to see the judge and he rang capstone and changed it.