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maye1981

Capstone applied for a warrant for eviction, please help

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Hi this is my very first post and i hope someone can help me.

 

I have a mortgage with capstone (prefered) and have arrears that stand at £5000. They have a suspended possesion order against me.

 

My property is a shared ownership and when i had a dispute over my rent with the housing association they contacted my mortgage lender and capstone paid them within a week. my arrears are made up of mainly charges and the amount paid as rent i have had very few missed payments.

 

When i went to court for the suspended posesion order i agreed to pay my mortgage payment plus £250. but after about 5 months i was late paying the extra payment of £250, within 2 weeks i had recieved a warrent for eviction. Capstone told me the only way i could keep my house is if i made a large cash lump sum and agreed a new monthly payment. They agreed that i could pay £1300 lump sum and £350 per month extra on top of my mortgage. I agreed to this and they stopped action i carried paying the £350 for the past 4 months.

 

Two weeks ago i went off work sick for a week and was late paying the extra £350 but i have not missed a mortgage payment yet this year but they have cancelled my agreement and i have recieved a letter saying that i will be recieving a warrant for eviction in the next couple of days.

 

I have spoken to capstone and they have advised me to make another offer of a lump sum and monthly payment but my wife is on maternity leave after just having a baby so we cannot afford a lump sum.

 

i am really worried we have two small kids, please can someone help, will a n244 save me.

 

thanks in advance

maye1981

Edited by maye1981

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hi Maye

Welcome to cag :)

I have asked for your thread to be moved to the repossesion forum, you will get all the help and advise you need there.Good luck

 

 

Tilly


 

 

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.please remember that any advice i give is purely my own experience or opinion thankyou

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Hi,

thanks im sorry i have started it in the wrong place,

maye1981

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Hi

 

No need to apologise and no you didn't start in the wrong place :) once you have posted your problem it is easier to be in the correct forum to get the help you need:)

 

 

 

 

Tilly


 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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Hi there, if you haven't received an eviction notice yet, you need to write to Capstone advising them of your situation, pointing out that the arrears figure includes charges and making an offer of payment that you can easily afford.

If you then need to enter an N244 at court you can show the judge that you have tried to come to an arrangement with them.

 

You will need to send a budget sheet with the letter and I have affixed one for you. When filling it in remember that the amount you offer to pay extra each month towards the arrears is the amount left over after everything else has been accounted for (including the normal monthly payment). Don't understate anything you have to allow for unexpected household expense or repairs. Do not offer more than you can afford - what they want you to pay and what is reasonable are two different things!

 

If you need help with the letter let me know and I'll happily draft one for you.

 

Ell-enn

Budget Sheet.xls


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Hi Ell-enn,

thank you very much for helping i have spoken to capstone just before close of business today and they have asked me to do a income and outgoings over the phone, i did this with them and they said i have 250 each month spare and they would put this forward as a offer. I will have to wait up to 48 hours to find out if it has been accepted, they also said that a cash lump sum would help but cannot afford one. I have also asked if i can capatilse my arrears and they said they will give a decision within 7 days. They said i should recieve a warrant within the next few days.

 

I have also requested a list of all charges applied to my account as these will make up approx 60% of the arrears.

 

For evidence reasons should i still confirm my conversation with capstone today in a letter to them has proof of conversation.

 

Thanks again for your help

maye

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Absolutely write to confirm your conversation and enclose your own budget sheet, send by special delivery tomorrow so they sign for it on Friday. Keep a copy of the letter and budget sheet and print of the signature receipt from the royal mail website to go with it - you will need that to put with your N244 application. If you need help with the letter let me know and I'll happily draft one for you.

 

Ell


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Thanks for your fast response Ell-enn

help with the letter would be really good thanks. Ill send by special delivery on thursday. So stressfull with my wife on mat leave.

regards

maye

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send by special delivery tomorrow so they sign for it on Friday. Keep a copy of the letter and budget sheet and print of the signature receipt from the royal mail website to go with it - you will need that to put with your N244 application.

 

Hi, affixed is the letter. You need to enter your wife's name where I have put XXX's. Make sure the letter is kept to one page - you need to set your printer to A4 paper(not letter size which is usually the default setting in windows).

 

Any questions, just shout. If and when you receive an eviction notice come back here and I will help you with the N244.

 

Ell

Maye1981 letter.doc


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Cheers Ell-enn

 

Thanks for such a great letter i will be sending it first thing in the morning.

 

maye

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Make sure you send it to the correct department at Capstone - do you have the name of the person you spoke to on the phone? If you have access to a fax machine, ring up and get the correct fax number for the department and send it by fax before posting (get a receipt for the fax )


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Yes from previous experiance with capstone i asked for the first and last name of the person i was speaking to and i also noted the time so they cant say the call never took place, i was on the phone for 47 mins.

I will fax the letter and budget aswell as post. It was the litigation dept i spoke to so will ring them first to get fax number for that person

 

thanks

maye

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Great stuff - you've got it covered :)


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Hi Maye

What were your arrears when the Suspended Possession Order was made, and what are they now?

From what you have posted it seems you have brought them down substantially and I can't believe that Capstone are moving towards repossession!

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Hi this is my very first post and i hope someone can help me.

 

I have a mortgage with capstone (prefered) and have arrears that stand at £5000. They have a suspended possesion order against me.

 

My property is a shared ownership and when i had a dispute over my rent with the housing association they contacted my mortgage lender and capstone paid them within a week. my arrears are made up of mainly charges and the amount paid as rent i have had very few missed payments.

 

When i went to court for the suspended posesion order i agreed to pay my mortgage payment plus £250. but after about 5 months i was late paying the extra payment of £250, within 2 weeks i had recieved a warrent for eviction. Capstone told me the only way i could keep my house is if i made a large cash lump sum and agreed a new monthly payment. They agreed that i could pay £1300 lump sum and £350 per month extra on top of my mortgage. I agreed to this and they stopped action i carried paying the £350 for the past 4 months.

 

Two weeks ago i went off work sick for a week and was late paying the extra £350 but i have not missed a mortgage payment yet this year but they have cancelled my agreement and i have recieved a letter saying that i will be recieving a warrant for eviction in the next couple of days.

 

I have spoken to capstone and they have advised me to make another offer of a lump sum and monthly payment but my wife is on maternity leave after just having a baby so we cannot afford a lump sum.

 

i am really worried we have two small kids, please can someone help, will a n244 save me.

 

thanks in advance

maye1981

 

 

What the hell are they playing at? Are they adding extortion to their list of 'crimes'?

 

You've paid £1700 more than what the court ordered and so that makes you ahead of any court imposed schedule by almost 7 months and they are blackmailing you for more! They can't pick and choose to vary your agreement without going back to court.

 

Fill in the N244 regardless of any warrant of eviction and take this back to court. Gather all of your documents, proof of payments and the names and dates of when and who you spoke to.

 

You may be able to get the original order set-aside because Capstone have completely ignored it other than using it as a threat. I'm sure a judge would be very interested to hear what they have been up to and so would the OFT, FOS, TS.....et al.

 

I didn't think anything would shock me when it came to Capstone but this takes the biscuit and they are no better than a loan shark.

 

Just one question. How did you manage to raise the money for the payments? I ask that because if you've had to incur further debt or suffered hardship it looks all the more worse for them.

 

I don't know much about shared ownership but I would have thought the rental side would make it more difficult for an eviction and it could be argued that you should be allowed to remain and rent depending on your contract as a tenant and any assurity. But as I said I don't know much about that and it's just my thoughts.

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Good morning,

 

I have just spoken to capstone and they have turned down my offer of a £250 payment now and £250 per month extra as per the order.

 

They have said that they will stop the warrant if i pay a lump sum of £900 then £250 extra from the 1st of september.

 

I really can't afford the lump sum so don't no what to do.

 

maye1981

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Did you send the letter or just phone them ? you must put it in writing so we can show the court.

 

Looks like you will need to enter an N244 at court - they really are barstewards aren't they !! Don 't worry we'll put forward a good defence for you.

 

Ell


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Thanks Ell-enn,

yes i called them for there correct address, they did not wan't to give me there fax saying any thing i had to send could be done over the phone. I have sent the letter by special delivery so they will recieve it before 1pm on friday. I have kept a copy of the budget sheet and letter and will be printing a signature when available on royal mail web site.

 

After the outcome if all goes my way and i really do mean IF, is there a chance i can reclaim charges as many are £60 - £115 litigation fee.

 

Ell-enn thanks again, you have given me hope.

 

maye

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When they get that letter they will know you are going to produce it in court! you might find they are a bit more co-operative after that.

 

Make the £250.00 payment as soon as possible (today if you can) and make sure it is by a method you can prove i.e. bank statment etc. That will also show the court you are committed to the proposal you have offered them.


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Hi Ell-enn,

i wil be able to make the £250 payment in the morning and will use my debit card. My mortage payment went on the 2nd of the month as normal.

 

cheers

maye

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Excellent :)


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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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Ell-enn,

i know you can't tell me what to do but im a little worried about losing the property having a 4 year old and a 5 month old. When i get paid at the end of the month should i give in and pay the £900 lump sum, this would mean not paying anything else and having recently come to a agreement with the hp company who supply finance on my car (welcome finance) im sure they would take back the vehicle, and would really struggle keeping to the £350 pm extra on mortgage. As i read what i have just written it seems mad to pay the lump sum but in the short term would cancel the warrant. Any thoughts would be welcome.

Thanks

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Hi, my thoughts are that you should pay the £250 tomorrow and then wait and see if a warrant comes - it may not. I thought you were offering £250 per month not £350? - the court order was for £250 and you shouldn't pay more! How much exactly are the arrears they are claiming you owe? If charges are making up 60% of what they say you owe then your position is not as bad as you think. You may even be able to ask the court to lower the payment towards arrears to give you longer to pay it off by telling them the figure is made up mostly of charges.


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Ell-enn,

i know you can't tell me what to do but im a little worried about losing the property having a 4 year old and a 5 month old. When i get paid at the end of the month should i give in and pay the £900 lump sum, this would mean not paying anything else and having recently come to a agreement with the hp company who supply finance on my car (welcome finance) im sure they would take back the vehicle, and would really struggle keeping to the £350 pm extra on mortgage. As i read what i have just written it seems mad to pay the lump sum but in the short term would cancel the warrant. Any thoughts would be welcome.

Thanks

 

Don't pay the lump sum at all. You have an agreement with the court and Capstone are free to enforce it but not blackmail you. Capstone are nothing more than a glorified DCA that will be celebrating their bonus's when you cough up early through harrassment.

 

As yet there is no warrant to cancel and what happens next time you are a few days late in paying or the time after that?

 

Go to the FOS and put in a complaint about the charges and Capstones behaviour. You will win, I did. There is no resaonable defence that Capstone can argue for asking for lump sums. Regarding the charges, Capstone will NOT show how these reflect actual costs or provide a tariff to the FOS so they have no other choice than rule they are unfair.

 

Please get tough with them and see them for what they are.

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The last fax no. I used for Capstone was 0845 603 2906.

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