capstone eviction hearing 7/8/09!! HELP please

[emmanewt]

hi we have got an eviction notice served on us for 13/08/09,we have got a hearing on friday morning, we have contacted capstone as they sent us a letter asking us to contact them as its not to late so come to an arrangement with them.All that we got from them was they want a lump sum payment and then they will agree to our new monthly insalments,our arrears at the moment stand at £10.000,most of that is their charges ,any advice on how to deal with them would be great, as the c.a.b have advised us to represent ourself's, as it would be coming from us not a solicitor(i'm not sure if i would be able to do this as i'm in no mentel state at the moment),any advice please.

 

 

thanks

[Ell-enn]

Hi there, I'm assuming you have entered an N244 to get a hearing. What did you put in Q.10 of the form?

 

Do you have a statement showing the charges and the arrears?

 

If you tell me what you put in the N244 I can help you further.

 

Ell-enn

[emmanewt]

hi,any help or advice would be of great help at the moment,

 

Q10:"We have attached a financial statement that has been prepared by c.a.b which confirms that my offer of payment is affordable.

 

we have had difficulty with budgetting as some of our income is received weekly and the reminder is 4 weekly.

 

we intend to make weekly payments of £125 to assist with budgetting. we have made two payments of this ammount since receiving the noticwe of eviction.

 

we have been made aware by the c.a.b of the importance of maintaining the proposed payments.

 

we have 4 dependant children and would suffer severe hardship if evicted."

 

 

the c.a.b completed the forms for us,!!!

 

we also have the last statement with the charges and arrears on

 

thanks

[Ell-enn]

OK, are they claiming you owe the arrears and charges added together? If so you need to let the court know that the arrears are less than they are claiming - the charges cannot be added into the arrears amount. You can take a statement to court with you to hand to the judge showing this - I can help you write the statement if you wish.

 

Ell-enn

[emmanewt]

yes please we would be very greatfull,

 

do you need any other information?

 

emma

[Ell-enn]

Hi, how much of the £10k is charges and how much is arrears?

[emmanewt]

hi,from the statements that i have found £2533.25 is charges

[Ell-enn]

OK, I'll do a statement for you and post on this thread tomorrow.

 

Ell-enn

[emmanewt]

thank you very much, i'm dreading going on friday i would'nt wish this on anyone,

 

emma

[emmanewt]

sorry i forgot to mention that we are able to offer the c.m.i together with an amount of £248.32 per month toward's the arrears,which was turned down by capstone,the suspened possesion order that was in place before was c.m.i plus £140 per month towards arrears .

 

emma

[MarkOne2]

Hello - i have been through the process a few times and although it can be mentally draining - Take heart.

- Prepare thouroughly (some smashing people on here ) with all the correct statements /forms.

- Have as much "proof" with you as possible e.g Income/benefit letters etc.

- Know the value of your house - what is it ? is it still more than you owe - in which case there asset is still safe.Is there one on internet that sold recently (as proof)

- Is there a goodtermleft on the mortgage ? Were rates so high (2007/08) which may be where the arrears originated from but now lower which means you can meet monthly payment.

- Have a clear breakdown of all costs that have been added on e.g Arrears charges,Legal costs and others Cllr visits/ D-D returned charges etc.This will give you the "true" figure

- Have the arrears fallen at all ?

- Have you had that change in circumstances that meant you could not afford the last order ?

- I have generally found that the courts do not wish to evict you (me) but you have to give them the facts to prove that you can go forward.

- Have they (lender) ever offered payment holiday,capitalising or other terms - Other than pay in full..

As i said i have (and still am) going through it but do take heart ,prepare well and good luck

MarkOne2

 

PS Prior to goinginto to see the DJ- The opposition may after you have signed in come and talk (chat)to you and attempt to glean information that they could use in the hearing - keep your powder dry till you are in there (i got caught once -never again)

[Ell-enn]

Hi there, affixed is the statement to take to court.

 

You will need to fill in the information where I have put XXX's in the top part (remove the XXX's). The information will be on the eviction notice.

 

Take a photocopy of the mortgage payments sheet and write the claim number on the top right hand corner. This will need to be affixed to the statement.

 

You will need 3 copies of the above. One for the judge, one for yourself and one for the other side. Hand it to the other side's representative just before you go into court so they don't have a chance to ring Capstone before going in;)

 

As this is your application to court the judge will speak to you first, you need to say to the judge "Sir/Madam may I please present further information" and hand it over.

 

Are you absolutely sure you can afford the higher arrears payment you have offered?

 

Ell-enn

Emmanewt Statement for court.doc

[emmanewt]

hi Ell,

 

Thank you for the statement i am just getting all my stuff together ready for friday,i just need to compose myself and keep telling myself that we can do this.

 

We are sure that we can afford the payment.

 

Thanks markone2 for the advice i feel alot better today after the advice i have had on here.

im just keeping everything crossed that it goes in our favour and that i dont fluff it up:eek:.

 

once again thank you and i will keep you posted

 

 

emma

[Rorschach]

Just wanted to give a quick post of reassurance.

If you can offer what you state in your posts, you really have nothing to worry about.

It may be worth thinking about explaining to the DJ why you can afford more than the Suspended Possession Order amount now, e.g. what has changed to mean you can afford to pay now.

[jansus]

Just say hope it all goes ok for you at the hearing .

 

Looks like you have some good advice.

[emmanewt]

hi,

 

Thank you for all of your reassurance,i'm trying to stay positive and focused,we have made a payment today of what we have proposed to pay,still had capstone telling me they are going to appose unless i give them a lump sum,so here's to tomorrow, let's just hope it goes in our favour,

 

once again thank for you support and advice

 

em

[Ell-enn]

Hi there, you have a good defence against possession. Stay positive and calm tomorrow - speak slowly and clearly when the judge asks you a question (he/she will know you are nervous and make allowances).

 

Can you take proof with you of the payment you made today? (print out of bank statement if you have on line banking?)

 

I'm sure it will be ok. Let us know what happened as soon as you can.

 

Good Luck- I'll be thinking about you

 

Ellx

[Ell-enn]

Is there any news Emma?

[emmanewt]

hi,

 

sorry it's been a mad day today.

We got it suspended till september as long as we keep to the arrangement.

 

emma

 

Thank you all for your comments and advice

[Ell-enn]

Thank goodness - that's a relief - well done for being so brave:)

Update us on the details of the hearing when you have the time.

 

Ellx

[jansus]

Well done -is that next September? I hope so.