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Kay2620
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I think you have a good chance provided you can get in front of a judge next week. I'm really surprised you were advised not to ask for a hearing.

 

Ell

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actually i was, but he has been right on many other matters and i was in a flap so i didn't really question it just checked that i'd read him right..........

 

i am really scared.......it seems weird that all last friday i was told by capstone that it had been referred to a manager & that i would have a decision by close of play that day.......

perhaps i should have rung them but i had no more money to pay them and as i say i am scared........i think i will be able to pay the cmi + £140 next week and it did cross my mind that that was what they are waiting for.........?

 

Thanks for your help, I am really glad to have you helping, i've seen how terrific you are with others, so again thanks

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Hello Kay2620,

 

I'm going through the first stages of contacting the courts with my N1 Claim form for monies owed by two companies.

 

I've had some great practical advice from other Caggers regarding an unrelated issue so from that, I can confirm that you are in very good hands here.

 

Please continue taking their advice and I wish you all the best.

 

 

Regards,

AdvS1.

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Hi

Just to say hope it goes ok and that you can come to an affordable arrangement that will help you stay in the house .

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

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

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

 

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

 

 

PROUD TO BE AN ORANGE

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Hi

Thank you for all your support, it helps :)

 

right today i went to the court to get a hearing date......and was told that they hadn't received my n244 etc........it was hand delivered, the lady also said that the other side's solicitors had rung them........and that she couldn't accept the copy that i had with me as they were copies of benefit letters.

 

So I am going back tomorrow with the original benefit letters. I was told that my hearing would be next Monday..........

 

I have also had a letter from Capstone saying that they have received the eviction date and i was to comply with the terms set out...no mention of my last offer of payment plan .......just saying even at this late stage they would rather not evict me/us.......i am planning on ringing them tomorrow but hopefully i will have advice from here as to the best things to say to get it stopped........please!

 

Kay

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I am not sure you should trust them completely.

 

I understand that time is short and that you want to get things sorted so if you do call them explain

 

you have made an offer and that is all you can afford and that what you have entered in your N244 is your current position and nothing has changed. Explain you are not impressed that they have not replied to your previous written proposals.

 

If they do agree to your offer say you need confirmation in writing that the hearing is cancelled.

 

If you get that also confirm with the court that it has been cancelled.

 

Do not make any agreement you can not afford or that will cause you to get into further debt by borrowing for anyone else.

 

Get your note book ready and best of luck!

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

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

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

 

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

 

 

PROUD TO BE AN ORANGE

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As it's Kay's application for a hearing, she would need to cancel - and I wouldn't do that unless Capstone withdraw the eviction warrant (and you'd need to check with the court they'd done it!)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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ok...so am i best to ring capstone again tomorrow to try to get the eviction stopped?

And what is the best way to get them to cancel the eviction?

 

I should be able to pay some more money to them on Friday........i basically missed 2 payments after the original court suspension of possession.......which comes to £750...... this months' payment with the new extra monthly payment that i proposed is £513........i paid £500 2 weeks ago so if i paid £760 i would be up to date........i should be able to do this on friday..........what so you think?

 

Again thanks

Kay

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I would put your offer to them, if they don't accept it we will put together a good defence for your hearing. Make the payment on Friday in any event, this will show the court you are committed to your proposal.

 

Ellx

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ok.......i'll ring them in the morning.....shall i ask what figure it will take to stop it? Before i say what i am offering? I have said in my application that i will pay cmi + £140.......

 

Again thanks

Kay x

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I would just tell them what you can pay on Friday and will they stop the eviction as it will bring your payments under the original order up to date. If you ask them what they want they will probably say they need the full arrears:rolleyes:

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Evening Everybody

Well a hectic day, not sure how far I have actually got but........

 

First thing this morning I rang Capstone and was told that my payment plan had been refused......she said that she was concerned that i had recently done 2 payment plans, one showed a minus income against outgoings, but the second one showed some disposable income. I explained that the first one had been done on the phone with no preparation as i hadn't prepared a budget at that point and I said several "no this isn't right I cant remember the figures": the second one was done with the help of National Debtline & took me most of the day and was accurate. She said she was concerned that if DWP didn't pay then the plan would fail and that was probably why the managers had turned it down. I explained that I had done that plan on the premise that DWP wasn't going to be paid......I also told her I will pay a further £760 on Friday which by my calculation, with the £500 I paid at the beginning of August, would bring my account back in line with the court order. To which she said "No, the court order was set in December and you have only paid May's payment" I said " I was told it was June & July only" but no I haven't paid Jan, Feb, Mar,Apr or Jun:( I explained that it was because I hadn't had any money, but now my money was sorted I could now move forward and pay as per the ppp. On that basis she said she would put the proposal to the management again and could I fax some proof of benefits.

This I have done. She said that the total not paid since the court order (suspended repossession) is £2037, so when i pay £760 on Friday I am still £677 short of clearing the back arrears.

 

I also went back to the court today, as they wouldn't accept my application because I had copied the proofs for the fee exemption.......I now have a date for a hearing on 15th Aug at 10o'clock for 5 mins.

 

There is still no sign of anything from DWP and I have rung and explained (again)because the way the capstone lady spoke it was that unless the DWP pay they are going to press ahead with the eviction and i said that i haven't got any faith in the dwp as they have lost my claim 5 times and there is no guarantee that they will reply by the 19th, which is why i have made my proposal on the basis that they dont pay......

 

So what do you think?

Regards

Kay

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Re the hearing - 15th August is Saturday - is that right?

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OK, make the payment on Friday that you said you would, if you have online banking print off proof of the payment.

 

You then need to harass the DWP until you get an answer - tell them you are being evicted on 19th and you need a letter in your hand before the end of the week.

 

We can draft a statement for you to take to court with you after you have made the payment on Friday - and hopefully you will have something from the DWP.

 

Ellx

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Ok thanks Ell

 

One thing though, when I went to dwp about my esa, she showed me my screen & on there it showed that i had been turned down for mortgage help.....

I haven't had any letter though.......but I haven't chased it because I felt that a "maybe" was better than a "no", what do you think?

 

Kay x

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Can you make the payments without the mortgage help? Have you investigated the Mortgage Rescue Scheme?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Yes I can, as I said to Capstone this morning, I worked the plan out on the premise that we WOULDN'T get help. It wont be easy but ........

 

I have looked briefly at Mortgage Rescue but I am not sure if we would qualify.. I have also just being looking at Shelter's site and they say on the pre-action protocols that if the lender refuses a ppp then they have to notify in writing within 10 working days.......I did put a plan forward on 29th/30th July and haven't had a letter........does that help me at all?

 

Kay x

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I think that protocol applies to "pre-action" i.e. before the start of possession proceedings.

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OK, we'll work with what we have :)

Help us to keep on helping

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Evening All

Well I am feeling a lot happier tonight than I did this time yesterday....

 

I rang Capstone to check that they had received my fax, which they had but he wasn't sure about my budget sheet, i had done a lot of the workings out weekly & they talk monthly. So i redid the budget sheet and on the fax header page repeated my offer (again).

 

I rang back again to see if they had received it ........the guy said he'd check if it had come through. I was on hold for ages, but then he came back & said that my proposal had been accepted :) I asked if he would put it in writing, he said that they would do that after I had paid on Friday........

 

So I think a good result, now i just have to keep to it & hope that they actually tell the solicitors to stop the action.

 

Am I best of going to court still on Monday?

 

Many thanks

Kay

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