Capstone Mortgages

[Lindsey0796]

This letter has been sent recorded delivery

 

Please could you send me a statement of my mortgage since the 1st payment in December 2005 up to the May 2009? I appear to be some statements missing.

I understand there is a standard charge for the statement and I would like you to tell me exactly how much it is in writing so that I can pay the extra amount separately so I do not incur any interest for it. I will make a bank transfer for the exact amount in the month the statement is received in to enable you to easily allocate it.

I would be grateful if you could send this statement with in 7 days.

[Lindsey0796]

To keep everyone up to date, in reply to my letters, I recieved no statement, no arrears statement, no answer to my questions. My next letter is being sent tomorrow, now I have worked everything out, it turns out my arrears are actually £1600 and the other £3400 are charges and interest on the charges, go figure that one out!

 

This letter has been sent recorded delivery

 

 

In reply to your letter dated the 21st May 2009 I would like to submit the following complaint:

 

On the 16th March 2009 I called Capstone Mortgage Services to arrange a higher payment on my arrears to prevent repossession. I was transferred to Rico in your litigation department and we went through my monthly budget to justify the payment I had suggested of £750 to include the monthly mortgage payment. Rico agreed that this was affordable and would be accepted. Rico confirmed that the direct debit on the 1st of each month could not be amended and that the extra money should be paid no later than the last day of the month it was due. We spent quite some time going through this and I confirmed I would pay the extra by bank transfer. We also agreed that I should wait to see how much was taken out by you on my direct debit on the 1st so that I could then pay the remaining balance to take it up to the £750. The agreement was due to start April 2009 and was to be reviewed after my full payment of £750 in July. Rico confirmed that Glenisters proceedings would be put on hold until after the review. Rico also asked me to confirm the water rates, which I did by letter on the 25th March 2009. I also copied this letter to you again on 6th May 2009 (this letter was sent special delivery to ensure you received it).

 

On the 5th May 2009 I received a letter dated 30th April 2009 demanding £1652.91 to be paid immediately or face possession from Matthew Gunnell. I received the letter on the 5th May 2009 and replied promptly on the 6th May 2009 with the above information, a copy of my bank statement clearly showing that I had paid £210.00 as soon as I had been paid on the 29th April 2009 & that it left my bank account on the 30th April 2009. I also enclosed a clear breakdown of how I propose to keep to the agreement of £750 per month including the monthly mortgage payment. I also requested in writing why you were not offering to put the arrears on the remaining term or why you would not extend the term to 30 years like most other mortgage lenders?

 

On the 8th May 2009 I requested an exact break down of the arrears on my account totaling £5494.33. This letter was also sent special delivery.

For example:

21/07/08 – Legal Costs £189.13

01/08/08 – Interest on Arrears £ 17.51

29/08/08 – Arrears Management Fee £ 50.00

Etc……………..

I also made it clear that from now on I want everything in writing from Capstone Mortgage Services and was not happy talking to your staff over the phone as agreements made over the phone were not kept by Capstone.

I also requested a copy of the complaints procedure.

 

On the 12th May 2009 I requested a full statement from the start of the mortgage from December 2005 to May 2009. This letter was sent recorded delivery. I also said that I appreciate there is a charge for this and would like to advised so that I can pay for the statement separately so that I do not incur charges.

 

On the 22nd May 2009 I received a letter dated the 21st May 2009 from Lesley Willson in your collections department. Lesley said that the reply was further to my letter dated 8th May 2009 & made no reference to either the letter dated the 6th or the 12th May 2009. Lesley states in the letter that there is no record of my agreement with Rico on the 16th March 2009 in your litigation department & then stated if there had been an agreement because the payment was not received until the 5th May 2009 I would have failed even though I proved it had been sent in the relevant month. Due to this, from 31st June 2009 I will be paying the money on the said dates in my letter dated the 6th May 2009 straight into your Barclays Bank Account via cash. I used to have a business account with Barclays and know for a fact that the cash does show the same day if paid before 3:30pm, so you cannot make any more silly excuses to try and show I have defaulted! I made a special arrangement with my sales manager to use her private office phone and spent some 40 minutes on the phone to Rico on the 16th March 2009 and if needs be can ask my employer to get a copy of the phone bill to prove it. I would however appreciate it if you could find the call. I asked Rico if it was being recorded and she said “yes”.

Lesley was also kind enough to accidentally include a copy of an internal email conversation, saying to Andrea Batchelor that I “specifically did not want a statement and that I did want a detailed explanation of the fees. Don’t worry with the statement I will write to her and ask her what exactly she requires”. In his letter he did not once ask me what paperwork I was requesting! I find this very unprofessional!

 

To date I have received in reply to my 3 letters a copy of the complaints procedure leaflet, a copy of the standard charges, a letter from Lesley Willson answering none of my questions and an internal email clearly saying not to bother to provide me with any of the information I had clearly requested and have proof of requesting.

 

To top it off after requesting everything on my account should be in writing I also had a phone call on Saturday 23rd May 2009 at 13:09pm from Capstone asking me to go through security as he would like to discuss my account. I explained that I did not wish to speak to him over the phone as telephone calls are not honored. He said ok and that he would generate a letter. So no doubt I will be expecting a demanding letter despite the agreement made with Rico on the 16th March 2009.

 

Additional errors made:

On the 1st July 2008 an agreement was made for me to pay £130 per month more than the mortgage towards arrears. You asked me to set up a direct debit so I did, the 1st payment went out on the 1st November 2009 and the 2nd payment on 1st December 2009, however the direct debit you set up did not include the arrears payment of £130 on either month. I did not have internet banking so did not realize until I received you letter in December telling me I am now in litigation! When I rang up to explain and get the direct debit amended I just did it to the old amount of £100, the gentleman I spoke to did not remind me that it should be £130. I would like to remind you when I paid by standing order that I set up you were receiving £650.00 per month, made up of the mortgage & £130 towards arrears (1st July 08 £1200, 1st Aug 08 missed payment detailed below, 1st Sept 08 £650, 1st Oct 08 £650). So yet again I was in default even though I had tried to rectify the problems.

 

I have missed 2 payments, 1 in August 2008 and 1 in January 2009 and I have explained why I missed these payments, 1 due to travel expenses (after being un employed for a month and a half) in the 1st month in a new job and the 2nd due to the council tax (priority bill) having to be paid for 2008.

 

According to my calculations out of the approx £5284.33 arrears you are demanding approx £2244.67 are actual mortgage arrears and approx £3040.06 are Capstone charges and interest on Capstone charges. Because I am still statements missing I cannot get this exact but I have a feeling that when I do have a full statement the £1652.91 you keep demanding from me is the total sum of my mortgage arrears meaning that £3631.42 are Capstone Charges and Capstone interest on charges, more than double the arrears on the account!

 

I would also like a copy of the court order for my records.

 

I am trying very hard to get my affairs in order and would appreciate it if someone more senior than the Lesley and Matthew could have a good look at my account, maybe someone from the litigation department as I am paying a litigation fee I would like someone a little more qualified than a collections department commissioned person!

 

I would also like to confirm that copies of all correspondence are going to Citizens Advice to investigate unfair charges and if I do not receive a sensible reply as to how you are pre paired to help me clear the charges, along with the information I have requested within 8 weeks I will have no other choice than to get the Financial ombudsman involved. I am intending to speak to them about the unfair charges either way, as my original court order stated I pay £100 per month on the arrears, however you are now charging around £135 per month, which is a lot more than the court order said and a lot of money to charge someone for nothing, to put it in perspective you are charging me interest on the interest!

 

Yours faithfully

 

 

 

 

 

 

Enclosed:

Copies of letters dated:

25th March 2009

30th April 2009 demand letter from Matthew Gunnell

6th May 2009 sent special delivery

8th May 2009 sent special delivery

12th May 2009 sent recorded delivery

21st May 2009 letter from Lesley Willson & internal email

Copy of my April 30th 2009 payment of £210 to Capstone

Copy of my May 29th 2009 payment of £220 to Capstone

Edited July 11, 2009 by Lindsey0796

[Lindsey0796]

To keep everyone up to date, in reply to my letters, I recieved no statement, no arrears statement, no answer to my questions. My next letter is being sent tomorrow, now I have worked everything out, it turns out my arrears are actually £1600 and the other £3400 are charges and interest on the charges, go figure that one out!

 

This letter has been sent recorded delivery

 

 

In reply to your letter dated the 21st May 2009 I would like to submit the following complaint:

 

On the 16th March 2009 I called Capstone Mortgage Services to arrange a higher payment on my arrears to prevent repossession. I was transferred to Rico in your litigation department and we went through my monthly budget to justify the payment I had suggested of £750 to include the monthly mortgage payment. Rico agreed that this was affordable and would be accepted. Rico confirmed that the direct debit on the 1st of each month could not be amended and that the extra money should be paid no later than the last day of the month it was due. We spent quite some time going through this and I confirmed I would pay the extra by bank transfer. We also agreed that I should wait to see how much was taken out by you on my direct debit on the 1st so that I could then pay the remaining balance to take it up to the £750. The agreement was due to start April 2009 and was to be reviewed after my full payment of £750 in July. Rico confirmed that Glenisters proceedings would be put on hold until after the review. Rico also asked me to confirm the water rates, which I did by letter on the 25th March 2009. I also copied this letter to you again on 6th May 2009 (this letter was sent special delivery to ensure you received it).

 

On the 5th May 2009 I received a letter dated 30th April 2009 demanding £1652.91 to be paid immediately or face possession from Matthew Gunnell. I received the letter on the 5th May 2009 and replied promptly on the 6th May 2009 with the above information, a copy of my bank statement clearly showing that I had paid £210.00 as soon as I had been paid on the 29th April 2009 & that it left my bank account on the 30th April 2009. I also enclosed a clear breakdown of how I propose to keep to the agreement of £750 per month including the monthly mortgage payment. I also requested in writing why you were not offering to put the arrears on the remaining term or why you would not extend the term to 30 years like most other mortgage lenders?

 

On the 8th May 2009 I requested an exact break down of the arrears on my account totaling £5494.33. This letter was also sent special delivery.

For example:

21/07/08 – Legal Costs £189.13

01/08/08 – Interest on Arrears £ 17.51

29/08/08 – Arrears Management Fee £ 50.00

Etc……………..

I also made it clear that from now on I want everything in writing from Capstone Mortgage Services and was not happy talking to your staff over the phone as agreements made over the phone were not kept by Capstone.

I also requested a copy of the complaints procedure.

 

On the 12th May 2009 I requested a full statement from the start of the mortgage from December 2005 to May 2009. This letter was sent recorded delivery. I also said that I appreciate there is a charge for this and would like to advised so that I can pay for the statement separately so that I do not incur charges.

 

On the 22nd May 2009 I received a letter dated the 21st May 2009 from Lesley Willson in your collections department. Lesley said that the reply was further to my letter dated 8th May 2009 & made no reference to either the letter dated the 6th or the 12th May 2009. Lesley states in the letter that there is no record of my agreement with Rico on the 16th March 2009 in your litigation department & then stated if there had been an agreement because the payment was not received until the 5th May 2009 I would have failed even though I proved it had been sent in the relevant month. Due to this, from 31st June 2009 I will be paying the money on the said dates in my letter dated the 6th May 2009 straight into your Barclays Bank Account via cash. I used to have a business account with Barclays and know for a fact that the cash does show the same day if paid before 3:30pm, so you cannot make any more silly excuses to try and show I have defaulted! I made a special arrangement with my sales manager to use her private office phone and spent some 40 minutes on the phone to Rico on the 16th March 2009 and if needs be can ask my employer to get a copy of the phone bill to prove it. I would however appreciate it if you could find the call. I asked Rico if it was being recorded and she said “yes”.

Lesley was also kind enough to accidentally include a copy of an internal email conversation, saying to Andrea Batchelor that I “specifically did not want a statement and that I did want a detailed explanation of the fees. Don’t worry with the statement I will write to her and ask her what exactly she requires”. In his letter he did not once ask me what paperwork I was requesting! I find this very unprofessional!

 

To date I have received in reply to my 3 letters a copy of the complaints procedure leaflet, a copy of the standard charges, a letter from Lesley Willson answering none of my questions and an internal email clearly saying not to bother to provide me with any of the information I had clearly requested and have proof of requesting.

 

To top it off after requesting everything on my account should be in writing I also had a phone call on Saturday 23rd May 2009 at 13:09pm from Capstone asking me to go through security as he would like to discuss my account. I explained that I did not wish to speak to him over the phone as telephone calls are not honored. He said ok and that he would generate a letter. So no doubt I will be expecting a demanding letter despite the agreement made with Rico on the 16th March 2009.

 

Additional errors made:

On the 1st July 2008 an agreement was made for me to pay £130 per month more than the mortgage towards arrears. You asked me to set up a direct debit so I did, the 1st payment went out on the 1st November 2009 and the 2nd payment on 1st December 2009, however the direct debit you set up did not include the arrears payment of £130 on either month. I did not have internet banking so did not realize until I received you letter in December telling me I am now in litigation! When I rang up to explain and get the direct debit amended I just did it to the old amount of £100, the gentleman I spoke to did not remind me that it should be £130. I would like to remind you when I paid by standing order that I set up you were receiving £650.00 per month, made up of the mortgage & £130 towards arrears (1st July 08 £1200, 1st Aug 08 missed payment detailed below, 1st Sept 08 £650, 1st Oct 08 £650). So yet again I was in default even though I had tried to rectify the problems.

 

I have missed 2 payments, 1 in August 2008 and 1 in January 2009 and I have explained why I missed these payments, 1 due to travel expenses (after being un employed for a month and a half) in the 1st month in a new job and the 2nd due to the council tax (priority bill) having to be paid for 2008.

 

According to my calculations out of the approx £5284.33 arrears you are demanding approx £2244.67 are actual mortgage arrears and approx £3040.06 are Capstone charges and interest on Capstone charges. Because I am still statements missing I cannot get this exact but I have a feeling that when I do have a full statement the £1652.91 you keep demanding from me is the total sum of my mortgage arrears meaning that £3631.42 are Capstone Charges and Capstone interest on charges, more than double the arrears on the account!

 

I would also like a copy of the court order for my records.

 

I am trying very hard to get my affairs in order and would appreciate it if someone more senior than the Lesley and Matthew could have a good look at my account, maybe someone from the litigation department as I am paying a litigation fee I would like someone a little more qualified than a collections department commissioned person!

 

I would also like to confirm that copies of all correspondence are going to Citizens Advice to investigate unfair charges and if I do not receive a sensible reply as to how you are pre paired to help me clear the charges, along with the information I have requested within 8 weeks I will have no other choice than to get the Financial ombudsman involved. I am intending to speak to them about the unfair charges either way, as my original court order stated I pay £100 per month on the arrears, however you are now charging around £135 per month, which is a lot more than the court order said and a lot of money to charge someone for nothing, to put it in perspective you are charging me interest on the interest!

 

Yours faithfully

 

 

 

 

 

 

Enclosed:

Copies of letters dated:

25th March 2009

30th April 2009 demand letter from Matthew Gunnell

6th May 2009 sent special delivery

8th May 2009 sent special delivery

12th May 2009 sent recorded delivery

21st May 2009 letter from Lesley Willson & internal email

Copy of my April 30th 2009 payment of £210 to Capstone

Copy of my May 29th 2009 payment of £220 to Capstone

[midge61]

Hi

 

Sorry but I think the following dates are wrong

"You asked me to set up a direct debit so I did, the 1st payment went out on the 1st November 2009 and the 2nd payment on 1st December 2009, "

 

I have had dealings with Andrea Batchelor over alleged arrears on my account. The person that initially phoned me gave one figure and when I was put through to Andrea she gave me another and couldn't explain the reason for the difference (which was considerable).

 

If you haven't already I would send a SAR they HAVE to send you the information you require within 40 days.

 

As they have refused to answer or aknowledge your complaint I would put a complaint straight in to the FOS. As I said before the FOS were very good about my complaint and gave Capstone a hard time.

[midge61]

Hi

 

Sorry but I think the following dates are wrong

"You asked me to set up a direct debit so I did, the 1st payment went out on the 1st November 2009 and the 2nd payment on 1st December 2009, "

 

I have had dealings with Andrea Batchelor over alleged arrears on my account. The person that initially phoned me gave one figure and when I was put through to Andrea she gave me another and couldn't explain the reason for the difference (which was considerable).

 

If you haven't already I would send a SAR they HAVE to send you the information you require within 40 days.

 

As they have refused to answer or aknowledge your complaint I would put a complaint straight in to the FOS. As I said before the FOS were very good about my complaint and gave Capstone a hard time.

[Lindsey0796]

Thanks Midge, just printed letter off again ready to send on Fri, getting all the evidence to send in, I have amended the dates :o)

I will also send in the request. Because this is the 1st complaint the others were info requests I dont think the FOS will look at it yet. I still have nothing from them and have been called twice again in work time today even though i asked in writing for all correspondece to be posted. so frustrating!

[Lindsey0796]

Thanks Midge, just printed letter off again ready to send on Fri, getting all the evidence to send in, I have amended the dates :o)

I will also send in the request. Because this is the 1st complaint the others were info requests I dont think the FOS will look at it yet. I still have nothing from them and have been called twice again in work time today even though i asked in writing for all correspondece to be posted. so frustrating!

[Lindsey0796]

Hi there, to keep everyone posted.

I sent my recorded letter complaint dated the 12th June on the 13th June with my £10 cheque as well requesting my arrears details. After a week I have recieved a letter from no name in customer services acknowledging my complaint letter dated the 17th June recieved 18th June. I sent the letter recorded 1st class and yet they reckon it has taken 5 days to get there! They also got the date of my complaint wrong. All it said in the letter was they have 40 days from reciept and if they have to contact a third party it will take longer. Well it is only me, so that is not applicable. Have they extended there arrival date so that they have longer than 40 days to extort more money from me in unfair charges. I have no point of reference to send further letters too. grrrrrrrrrrrrrrrrrrrrr they enrage me so much! I just want who ever in "managing" my account to send me my arrears details, I pay £115 per month to wait 40 days for a statment of account??????????? Ahhhhhhhhhhhhhhhhhhhh!!!!

[Lindsey0796]

Hi there, to keep everyone posted.

I sent my recorded letter complaint dated the 12th June on the 13th June with my £10 cheque as well requesting my arrears details. After a week I have recieved a letter from no name in customer services acknowledging my complaint letter dated the 17th June recieved 18th June. I sent the letter recorded 1st class and yet they reckon it has taken 5 days to get there! They also got the date of my complaint wrong. All it said in the letter was they have 40 days from reciept and if they have to contact a third party it will take longer. Well it is only me, so that is not applicable. Have they extended there arrival date so that they have longer than 40 days to extort more money from me in unfair charges. I have no point of reference to send further letters too. grrrrrrrrrrrrrrrrrrrrr they enrage me so much! I just want who ever in "managing" my account to send me my arrears details, I pay £115 per month to wait 40 days for a statment of account??????????? Ahhhhhhhhhhhhhhhhhhhh!!!!

[Crapstone]

Hi Lindsey,

 

Trust me, you aren't on your own dealing with these idiots.

 

What counts is the receipt of your letter as documented on Royal Mails website and not when they say it was received.

 

Start with the FOS once you have recieved a final letter to your complaints or have failed to receive a letter that addresses them within 8 weeks. It may seem a bit daunting but it's easy to do and SPML will have to suspend all legal action until it's sorted out. That should give you some breathing space and time to pay some off the arrears and get the charges sorted out.

 

I won against them and had all the charges refunded on 2 main counts. The first being that they would not provide or justify their tariffs and the 2nd is that they had the opportunity in court to ask for a higher payment if they knew their charges would affect the amount to be paid off the arrears.

 

It took 2 years and it did go to the highest level after they appealed but they were very quiet during that time. No threatening letters....they still applied the fees until they realised they were onto a loser.

 

That isn't the end of as I'm still fighting them now as they haven't complied and have since made serious errors that were outside the scope of my first complaint. Plus the new fees they invented....bless 'em.

 

Don't take no for an answer but do remove your full name from your previous posts as it's not just them watching and your own security is paramount.

[Crapstone]

Hi Lindsey,

 

Trust me, you aren't on your own dealing with these idiots.

 

What counts is the receipt of your letter as documented on Royal Mails website and not when they say it was received.

 

Start with the FOS once you have recieved a final letter to your complaints or have failed to receive a letter that addresses them within 8 weeks. It may seem a bit daunting but it's easy to do and SPML will have to suspend all legal action until it's sorted out. That should give you some breathing space and time to pay some off the arrears and get the charges sorted out.

 

I won against them and had all the charges refunded on 2 main counts. The first being that they would not provide or justify their tariffs and the 2nd is that they had the opportunity in court to ask for a higher payment if they knew their charges would affect the amount to be paid off the arrears.

 

It took 2 years and it did go to the highest level after they appealed but they were very quiet during that time. No threatening letters....they still applied the fees until they realised they were onto a loser.

 

That isn't the end of as I'm still fighting them now as they haven't complied and have since made serious errors that were outside the scope of my first complaint. Plus the new fees they invented....bless 'em.

 

Don't take no for an answer but do remove your full name from your previous posts as it's not just them watching and your own security is paramount.

[Crapstone]

A top tip is to bullet point your complaints into brief at the end of your letter. Their replies always put the paragraphs in your letter into bullet points and they mostly get it wrong and read it as they want to see it and not what is written.

 

Resist the urge to waffle and don't give away more than you really need to. By all means tell them how stressful you are finding it but narrow it right down to one sentence. Write your letter, then reduce it to a 1/3, take out everything that isn't needed as they should be able to figure it out themselves without being told word for word.

 

The more they think you are on the brink the more pressure they will apply. The more in control you sound the less chance you have of them trying to pull the wool over your eyes.

 

They don't like people that have a knowledge of the law. They don't like being questioned. And they certainly don't like people that dare to fight back.

[Crapstone]

A top tip is to bullet point your complaints into brief at the end of your letter. Their replies always put the paragraphs in your letter into bullet points and they mostly get it wrong and read it as they want to see it and not what is written.

 

Resist the urge to waffle and don't give away more than you really need to. By all means tell them how stressful you are finding it but narrow it right down to one sentence. Write your letter, then reduce it to a 1/3, take out everything that isn't needed as they should be able to figure it out themselves without being told word for word.

 

The more they think you are on the brink the more pressure they will apply. The more in control you sound the less chance you have of them trying to pull the wool over your eyes.

 

They don't like people that have a knowledge of the law. They don't like being questioned. And they certainly don't like people that dare to fight back.

[Lindsey0796]

Hi,

 

Thanks for the advice. I wasn't aware my full name was on my post's? How do I remove it?

 

I am no longer stressed out by them at all. I have spent the last 2 years being stressed out by them & after reading all the post's on here about how they abuse people, the only word that can descibe my state of mind is determined.

 

They only have another 15 days left before I can complain to the FOS. The cheque for the arrears statement was cashed on 19th June 2009, so it is fair to say they are just time waisting. I think I have a very fair argument, in the fact that my actual arrears are only 1/3 of the total the rest are charges. In the last 6 months I have nearly cleared that 1/3, but because they have applied it to charges it looks like I have paid off next to nothing. I actually pay £341 extra on top of my repayment mortgage payments and my balance is not going down, 3 x's as much as my court order! I want to go to court, not just for myself, but for all of the other victims on here that are doing their very best to keep there homes.

 

How can you charge interest on interest? How can you charge someone £115 per month for managing their account when all you do is press a button and send them a computor generated letter, that actually costs at the very most £5 to produce including postage? How can I have a repayment mortage that the last 23 payments have been made on and 6 months of considerable arrears and the balance only moves by a couple of hundred pounds? Since the 16/09/2007 I have paid £12248.86 on a repayment mortgage of £83,000. Yet my balance seems constantly stuck at £85,000 - £86,000 in that period! When I took my mortgage out my repayments were £509 per month, they managed to push them upto £522 through charging me things like £25 to verify my high street lender home insurance certificate etc and for the last 4 months the mortgage repayments are only £440 & this month have dropped to £409. Im not a mathmatician but I know for a fact that there are sharks swimming around my mortgage account & I am not prepaired to be ripped off anymore!

 

If I wasn't doing anything constructive then yes I could understand the way they are treating me. They haven't even sent me a debt counsellor and charged me for that and I dont even get a monthly statement saying how much I have paid off on my arrears, which apparntly they should send as I am in "litigation". Its a f***ing joke and the government should be ashamed of themselves for not passing some kind of law that these companys have to abide too that actually means something!

[Lindsey0796]

Hi,

 

Thanks for the advice. I wasn't aware my full name was on my post's? How do I remove it?

 

I am no longer stressed out by them at all. I have spent the last 2 years being stressed out by them & after reading all the post's on here about how they abuse people, the only word that can descibe my state of mind is determined.

 

They only have another 15 days left before I can complain to the FOS. The cheque for the arrears statement was cashed on 19th June 2009, so it is fair to say they are just time waisting. I think I have a very fair argument, in the fact that my actual arrears are only 1/3 of the total the rest are charges. In the last 6 months I have nearly cleared that 1/3, but because they have applied it to charges it looks like I have paid off next to nothing. I actually pay £341 extra on top of my repayment mortgage payments and my balance is not going down, 3 x's as much as my court order! I want to go to court, not just for myself, but for all of the other victims on here that are doing their very best to keep there homes.

 

How can you charge interest on interest? How can you charge someone £115 per month for managing their account when all you do is press a button and send them a computor generated letter, that actually costs at the very most £5 to produce including postage? How can I have a repayment mortage that the last 23 payments have been made on and 6 months of considerable arrears and the balance only moves by a couple of hundred pounds? Since the 16/09/2007 I have paid £12248.86 on a repayment mortgage of £83,000. Yet my balance seems constantly stuck at £85,000 - £86,000 in that period! When I took my mortgage out my repayments were £509 per month, they managed to push them upto £522 through charging me things like £25 to verify my high street lender home insurance certificate etc and for the last 4 months the mortgage repayments are only £440 & this month have dropped to £409. Im not a mathmatician but I know for a fact that there are sharks swimming around my mortgage account & I am not prepaired to be ripped off anymore!

 

If I wasn't doing anything constructive then yes I could understand the way they are treating me. They haven't even sent me a debt counsellor and charged me for that and I dont even get a monthly statement saying how much I have paid off on my arrears, which apparntly they should send as I am in "litigation". Its a f***ing joke and the government should be ashamed of themselves for not passing some kind of law that these companys have to abide too that actually means something!

[Lindsey0796]

Done it, name removed, did not realsie it was on the bottom of that letter!

 

Thank you :o)

[Lindsey0796]

Done it, name removed, did not realsie it was on the bottom of that letter!

 

Thank you :o)

[Ell-enn]

Hi Lindsay, the arrears "management" charges should be added to the outstanding mortgage - they cannot be included in the arrears total (you can't be in arrears with charges, only monthly installments!).

 

So, anything extra you are paying each month should be reducing the arrears total.

 

How many months have they been adding these arrears charges ?

[Ell-enn]

Hi Lindsay, the arrears "management" charges should be added to the outstanding mortgage - they cannot be included in the arrears total (you can't be in arrears with charges, only monthly installments!).

 

So, anything extra you are paying each month should be reducing the arrears total.

 

How many months have they been adding these arrears charges ?

[Lindsey0796]

2 Years! Hence why I can't get out of arrears! My actual arrears have increased from £1700 when the court order was passed to £5400.

Each month it was a managment fee of £50 but now it is litigation fee of £115 goes onto my mortgage arrears and also the interest on the arrears is usually about £20.

[Lindsey0796]

2 Years! Hence why I can't get out of arrears! My actual arrears have increased from £1700 when the court order was passed to £5400.

Each month it was a managment fee of £50 but now it is litigation fee of £115 goes onto my mortgage arrears and also the interest on the arrears is usually about £20.

[Ell-enn]

OK so if the arrears were stated as £1,700 in court - add up all the payments towards arrears you have made since the court order and deduct from the total they now claim is arrears - if you find you've cleared the arrears then you should stop paying the extra and write to them telling them why. You can then fight the charges issue with the FOS. If they try to take you back to court it could only be for the charges and they can't do that!

[Ell-enn]

OK so if the arrears were stated as £1,700 in court - add up all the payments towards arrears you have made since the court order and deduct from the total they now claim is arrears - if you find you've cleared the arrears then you should stop paying the extra and write to them telling them why. You can then fight the charges issue with the FOS. If they try to take you back to court it could only be for the charges and they can't do that!

[Lindsey0796]

Because I have changed my bank, I do not have a full record. I have sent them the correct request letters for the full account statement and the arrears statement. And the correct payment for the statements. I am still waiting for them though and if I do not recieve them within the next 13 days will forward my complaint to the FOS.

I cannot take the risk of not paying the extra just incase I have got any of the figures in correct. I have also requested a copy of the court order saying how much the arrears were exactly and the exact repayment ordered by th court. They have failed to provide this information too.

At the moment I can do nothing but keep paying and waiting as I do not have all the information required, but if it does not arrive in the 40 days I will forward straight to FOS to deal with.

I think the reason they are taking so long to provide me with any info is because of exactly what you have said above!

I will keep you posted and thanks for the advice, my dad kept saying they cant put the charges on the arrears and I didn't believe him, could'nt understand how they could do it if they weren't allowed but at least I know for a fact now that they are [causing problems] me one way or another.

I will keep you posted!

[Lindsey0796]

Because I have changed my bank, I do not have a full record. I have sent them the correct request letters for the full account statement and the arrears statement. And the correct payment for the statements. I am still waiting for them though and if I do not recieve them within the next 13 days will forward my complaint to the FOS.

I cannot take the risk of not paying the extra just incase I have got any of the figures in correct. I have also requested a copy of the court order saying how much the arrears were exactly and the exact repayment ordered by th court. They have failed to provide this information too.

At the moment I can do nothing but keep paying and waiting as I do not have all the information required, but if it does not arrive in the 40 days I will forward straight to FOS to deal with.

I think the reason they are taking so long to provide me with any info is because of exactly what you have said above!

I will keep you posted and thanks for the advice, my dad kept saying they cant put the charges on the arrears and I didn't believe him, could'nt understand how they could do it if they weren't allowed but at least I know for a fact now that they are [causing problems] me one way or another.

I will keep you posted!