Capstone Mortgages

[Lindsey0796]

To keep everyone posted.

I have recieved my statement.

I am only £700 in arrears on my mortgage which will be cleared by the 1st September 2009.

However I have £4200 worth of charges on the account too. I have been doubled charged in some places. I am still being charged a litergation fee instead of a managment fee too even though the arrears are nearly cleared.

Please can I have some advise on the next step.

I am still waiting for there final letter on my complaint.

[Lindsey0796]

To keep everyone posted.

I have recieved my statement.

I am only £700 in arrears on my mortgage which will be cleared by the 1st September 2009.

However I have £4200 worth of charges on the account too. I have been doubled charged in some places. I am still being charged a litergation fee instead of a managment fee too even though the arrears are nearly cleared.

Please can I have some advise on the next step.

I am still waiting for there final letter on my complaint.

[Lindsey0796]

Hi,

 

Finally I have worked out how to start my own thread, yay! I am currently dealing with a suspended order on my home and would like to tell people my story so they dont give up on their own homes.

 

Please read my complaint letter to see where I was at:

 

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 arange a higher payment on my arrears to prevent repossession. I was transferred to R*** 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. R*** agreed that this was affordable and would be accepted. R*** 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. R*** confirmed that Glenisters proceedings would be put on hold until after the review. R*** 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 M****** G*******. 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 be 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 L******* W******* in your collections department. L******* 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. L******* states in the letter that there is no record of my agreement with R***** 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 R***** 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 R**** if it was being recorded and she said “yes”.

L****** was also kind enough to accidentally include a copy of an internal email conversation, saying to A******** B******** 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 R*** on the 16th March 2009. I also received calls on Wednesday 10 June 2009, one at 14:17pm & one at 14:18pm (the second time they called once and then hung up). I was under the impression that if I wrote to you and confirmed I wanted all correspondence to be in writing that if you keep calling me & not writing to me, it is classed as harassment?

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 2008 and the 2nd payment on 1st December 2008, 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 L******* and M******* 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!

I have now recieved my full statment, but they have not yet delt with my complaint. In reply to my statment please see the letter below:

This letter has been sent recorded delivery

 

Further to my complaint dated 12th June 2009 received according to you on the 19th June 2009:

Thank you for sending me my full mortgage statement. I would now like to bring the following to your attention:

 

Arrears as at 20/07/2009 £4,942.67

Total Fees Charged From 17/12/2005 to 20/07/2009 £4,402.28

Making my actual mortgage arrears as at 20/07/2009 £ 540.39

The £540.39 which is my actual outstanding mortgage arrears will be paid as follows:

31/07/2009 - £240.00 Bank Transfer should arrive with you 04/08/2009

01/08/2009 - £100.00 Direct Debit

31/08/2009 - £200.39 Bank Transfer should arrive with you 02/09/2009

Litigation Management Fee £115

Charged each month when, at close of business on the last day of the month, the arrears balance on your mortgage account is equal to or greater than, one current monthly payment due and we have instructed solicitors to begin proceedings.

On the 16th March 2009 Rico instructed Glenisters to stop repossession proceedings as per our agreement to be reviewed at the end of July 2009. Should the monthly charge not now be £60 Arrears Management Fee? Have I been over charged for the last 4 months as you have been charging your litigation fee?

On the 04/08/2009 my actual mortgage arrears will be £300.39, my mortgage monthly repayment is £409.05. Therefore the arrears are no longer greater than the monthly mortgage payment and only an Arrears Management Fee of £60 should be charged for August 2009.

As of the 1st September 2009 I have cleared all of my mortgage arrears. Leaving £4,402.28 worth of charges to clear. I cannot find anywhere in your Collection/Arrears/Administration Fees anything about a monthly charge on the fees that you have charged me for being in arrears. I am expecting to not be charged anything as of the 1st September 2009. I would not like my direct debit to be amended as I would like to start paying the charges off at £100 per month until we have had a verdict from the FOS as to how fair they think your charges are.

You have until the 14th August 2009 to reply to my complaint before I seek help from the FOS.

June 2006 – charged both arrears management fee £50 and litigation fee £100. You can only charge 1 of these.

October 2006 - charged both arrears management fee £50 and litigation fee £100. You can only charge 1 of these.

January 2007 – Non Block Insurance Renewal £25. Charged this twice. Total of £50.00

November 2007 – Agent Cost £29.38. What is this for? It is not in your Collection/Arrears/Admin Fees & Charges List.

November 2007 – Admin Fee £60.00. What is this for? It is not in your Collection/Arrears/Admin Fees & Charges List. You also charged me £50.00 Management fee in this month.

January 2008 – Agent Cost £29.38. What is this for? It is not in your Collection/Arrears/Admin Fees & Charges List.

April 2008 – Admin Fee £60.00. What is this for? It is not in your Collection/Arrears/Admin Fees & Charges List. You also charged me £50.00 Management fee in this month.

I would also like a detailed break down of your legal costs included in your reply by the 14th August 2009. Invoices from Glenisters will be fine. You are claiming £1493.52 in legal costs in the charges. I have been to court twice the first time it was £716.13 the second time it was £369.84. It was the same process each time, why the difference in the cost?

Do not give up people!

Keep paying monthly what ever you can even if they say it is not good enough, anything is better than nothing, if it goes to court, willingness to try and pay goes in your favour!

Send everything in writing recorded or special delivery!

Complain! Not enough people actually complain when they are being treated unfairly!

 

I will keep you all posted on what happens next, but remember this is your home, fight for it!

[uneverdid]

Hi, wow took some reading. I have now gone to the FOS regarding these cowboys and have filed an official complaint. They now have 6 weeks 4 days left to send me their final conclusion. I have at present 3 registered complaints against them and have contacted the OC as well because they sent my data out to someone completely unknown to myself. I have also raised a complaint because they are now a good 2 weeks late with supplying my Subject data access request. We will keep on at them i also have £900 added onto my account of which i cannot find any trace for.

[Ell-enn]

Hi, I've moved this to the Repossessions forum

[jansus]

Well done on keeping written records of everything which gives you the upper hand when the make mistakes.

 

I hope you are going to follow this through with a complaint to the FOS as some other posters have been successful in getting the charges refunded.

 

Going through a possession threat is stressful enough without all these charges ( dont get me started !) and lack of sympathy and basic communcation from these lenders.

 

Thanks for the post I am sure it will help others

[Satoriea]

wow well done i was repossed by spml and when they took me to court they lied in their notes, I was on benefits at the time and they were paying £200 a month on my mortgage. They wrote down that they were not aware or any monies being paid to them. When this was told to the judge he couldnt cared less. All he cared was thjat I couldnt make my payments plus arrears so i was repossed. YOu go girl fight all the way. They didnt even let me know that my house was sold or any details. I only knew becuase i had 2 charging orders and when they were paid i goyt the rest.

 

I know i should 've written letters but i was sooo depressed. I made offers i even sugested they put the charges on my mortgage they agreed, but they woulfd up the intreste. When I went to court even there solictor didnt think the arrears were a lot.

God forgive me but i hope they go out of business very very soon. with consequences

[Satoriea]

sorry for the slack spelling

[Crapstone]

Hi,

 

Finally I have worked out how to start my own thread, yay! I am currently dealing with a suspended order on my home and would like to tell people my story so they dont give up on their own homes.

 

Please read my complaint letter to see where I was at:

 

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 arange a higher payment on my arrears to prevent repossession. I was transferred to R*** 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. R*** agreed that this was affordable and would be accepted. R*** 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. R*** confirmed that Glenisters proceedings would be put on hold until after the review. R*** 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 M****** G*******. 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 be 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 L******* W******* in your collections department. L******* 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. L******* states in the letter that there is no record of my agreement with R***** 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 R***** 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 R**** if it was being recorded and she said “yes”.

L****** was also kind enough to accidentally include a copy of an internal email conversation, saying to A******** B******** 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 R*** on the 16th March 2009. I also received calls on Wednesday 10 June 2009, one at 14:17pm & one at 14:18pm (the second time they called once and then hung up). I was under the impression that if I wrote to you and confirmed I wanted all correspondence to be in writing that if you keep calling me & not writing to me, it is classed as harassment?

 

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 2008 and the 2nd payment on 1st December 2008, 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 L******* and M******* 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!

 

I have now recieved my full statment, but they have not yet delt with my complaint. In reply to my statment please see the letter below:

 

This letter has been sent recorded delivery

 

 

Further to my complaint dated 12th June 2009 received according to you on the 19th June 2009:

 

Thank you for sending me my full mortgage statement. I would now like to bring the following to your attention:

 

 

Arrears as at 20/07/2009 £4,942.67

Total Fees Charged From 17/12/2005 to 20/07/2009 £4,402.28

Making my actual mortgage arrears as at 20/07/2009 £ 540.39

 

The £540.39 which is my actual outstanding mortgage arrears will be paid as follows:

31/07/2009 - £240.00 Bank Transfer should arrive with you 04/08/2009

01/08/2009 - £100.00 Direct Debit

31/08/2009 - £200.39 Bank Transfer should arrive with you 02/09/2009

 

Litigation Management Fee £115

Charged each month when, at close of business on the last day of the month, the arrears balance on your mortgage account is equal to or greater than, one current monthly payment due and we have instructed solicitors to begin proceedings.

 

On the 16th March 2009 Rico instructed Glenisters to stop repossession proceedings as per our agreement to be reviewed at the end of July 2009. Should the monthly charge not now be £60 Arrears Management Fee? Have I been over charged for the last 4 months as you have been charging your litigation fee?

 

On the 04/08/2009 my actual mortgage arrears will be £300.39, my mortgage monthly repayment is £409.05. Therefore the arrears are no longer greater than the monthly mortgage payment and only an Arrears Management Fee of £60 should be charged for August 2009.

 

As of the 1st September 2009 I have cleared all of my mortgage arrears. Leaving £4,402.28 worth of charges to clear. I cannot find anywhere in your Collection/Arrears/Administration Fees anything about a monthly charge on the fees that you have charged me for being in arrears. I am expecting to not be charged anything as of the 1st September 2009. I would not like my direct debit to be amended as I would like to start paying the charges off at £100 per month until we have had a verdict from the FOS as to how fair they think your charges are.

 

You have until the 14th August 2009 to reply to my complaint before I seek help from the FOS.

 

June 2006 – charged both arrears management fee £50 and litigation fee £100. You can only charge 1 of these.

October 2006 - charged both arrears management fee £50 and litigation fee £100. You can only charge 1 of these.

January 2007 – Non Block Insurance Renewal £25. Charged this twice. Total of £50.00

November 2007 – Agent Cost £29.38. What is this for? It is not in your Collection/Arrears/Admin Fees & Charges List.

November 2007 – Admin Fee £60.00. What is this for? It is not in your Collection/Arrears/Admin Fees & Charges List. You also charged me £50.00 Management fee in this month.

January 2008 – Agent Cost £29.38. What is this for? It is not in your Collection/Arrears/Admin Fees & Charges List.

April 2008 – Admin Fee £60.00. What is this for? It is not in your Collection/Arrears/Admin Fees & Charges List. You also charged me £50.00 Management fee in this month.

 

I would also like a detailed break down of your legal costs included in your reply by the 14th August 2009. Invoices from Glenisters will be fine. You are claiming £1493.52 in legal costs in the charges. I have been to court twice the first time it was £716.13 the second time it was £369.84. It was the same process each time, why the difference in the cost?

 

Do not give up people!

Keep paying monthly what ever you can even if they say it is not good enough, anything is better than nothing, if it goes to court, willingness to try and pay goes in your favour!

Send everything in writing recorded or special delivery!

Complain! Not enough people actually complain when they are being treated unfairly!

 

I will keep you all posted on what happens next, but remember this is your home, fight for it!

 

It all sounds very familiar. Head and a brick wall. Despite winning with the Ombudsman, I'm still no better off thanks to their lies and deceit. They couldn't run a 'p up in a brewery'.

[brassed-off-2]

subbing with interest, cant wait to see what reply you get in August, if any reply!!

Like Crapstone says very familiar, to alot of us, me incuded...watch they dont keep the account in litigation and continue adding their £150 litigation fees...this happened to me...twice!!...arrears cleared, litigation fees added and all the others that pile it back up into arrears....that was until i found this site..

good luck!!!

 

b-o-2

[Rorschach]

"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."

Don't panic! There is no way that Capstone can take you to repossession if you are only 2 months in arrears.

[Crapstone]

Please remember that Capstone can't add up and they don't understand their own terms & conditions or the law.

 

Ask for copies of the receipts from the solicitors, not just a breakdown. Do send them an SAR, it makes for a lovely but short bedtime read.

[Lindsey0796]

Hey guys......

Still waiting for the conclusion to my complaint. 8 weeks is up on Friday. On Monday I will be starting my official compaint to the FOS!

I have already sent them a Subject Access Request to my full statement, do I need to send another 1 and another £10 to get solicitors costs, I have asked for copies of their invoices to them?

[brassed-off-2]

Hi Lindsey0796

 

I submitted a formal complaint, and demanded a full set of invoices and an explanation in relation to the legal costs especially as they varied so much...after dragging their feet as usual i received copies of the invoices off glenisters via spml...but no explanation...still working on them before i submit another formal complaint letter.

 

Dont give up the fight, just keep breathing down their necks and let them know you mean business...just like the rest of us!!

[Lindsey0796]

Well guys, today is the day! I wonder if the postman will have delivered a reply to my complaint?

I will let you know on Monday.

Brassed off as far as I am aware and I am not an expert but after doing my research, charges cannot be classed as arrears as they are indeed charges on arrears and a completely seperate thing in their own right! They are a seperate thing to the money you have missed on your actual mortage and according to their charges list they do not have a standard charge they can charge you whilst you are paying the charges! If you have cleared the arrears then they cannot charge you for being in arrears anymore. This is what I am complaining about to the FOS, as I know they will keep charging me as they dont allocate your extra payments correctly, they allocate it against your charges first then the remainder against your arrears. This is what is unfair as it actually means they get to charge you a third more than they should by keeping you in arrears and making a profit out of a bad situation in that way is indeed unfair. I have made it clear that all money I have paid was against my arrears and now I am ready to start paying charges until the FOS have deemed it fair or not!

[Lindsey0796]

hmmmm I have to say the response I have had is laughable. On the 12th August 2009 they sent a letter recieved the 14th August 2009 (date they had to respond to my complaint by) from one of the people listed in my complaint that I said was clearly not senior enough to deal with my account queries asking me to contact them as a matter of urgency regarding the outstanding arrears on my account!

No response about my complaint what so ever.

Today I have filled out my complaint to forward to the FOS & will be getting supporting docs copied through the week to support my complaint. I am hoping to forward my complaint to them at the end of the week.

I really do think their actions are literally unbelievable!

[uneverdid]

Hi i know exactly how you are feeling, i am now £1000 more in arrears than i was in Nov 08 when i went to court. This is despite keeping to the agreed monthly payment plus £50 towards the arrears. I have asked for SAR twice now and got an incomplete listing first time and rang asking for a complete set including solicitors charges etc Well got my second pack today and yes there are once again no solicitors paperwork, nor a copy of the survey done on my property and some paperwork they sent me first time is now missing. I COULD SCREAM AT SOMEBODY RIGHT NOW AND THEY ARE CAPSTONE. AAAAAAAAAAAAAAAAAAAAAAAAARRRRRRRRRRRRRRRRRRRRRRRRRGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGHHHHHHHHHHHHHHHHHHHHHHHHHHHHH

[uneverdid]

Gosh sorry had to have that rant, so do i wait till the 8 weeks are up or can i submit my complaint to the FOS i already have rang them and i also have the paperwork for OC with regards to some data protection issues which is still ongoing.

[Lindsey0796]

As far as I know you have to wait the 8 weeks to give them a fair chance to sort the complaint out (lol fair). Dont worry about the rant, I know exactly how you feel, most of the time it feels like you are hitting your head against a brick wall.

 

On the bright side though, I would like to let everyone know that this morning I spoke to R***, who seems to be the only person at Capstone that sticks to there word and as of the 1st September 2009 there will no longer be any monthly charges added to my account! So now I am just paying £100 per month off the £4500 worth of charges, all my actual mortage arrears are paid. I am still going to the FOS as I do think that these charges are not fair and also they have double charged me many times and not acknowledged it.

 

Who are the OC?

 

It will take a long time to win the war but at least things are starting to go in the right direction!

[uneverdid]

Hi the OC are the official commissioner actually its the ICO information commissioners office. I am awaiting a response from capstone as to why my information eg name, address and account number !!!!!!!!!!!!!!!! was disclosed in a letter twice to a solicitor with regards to a deceased person of whom i have no knowledge. So again i have to wait 4 weeks now for a final response and then it goes to the ICO. I am going to stay strong even though at times i could quite easily post them the keys back but then they would be getting what they want.

[jansus]

just checking in and subbing to see how your case is going