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Capstone/Acenden reposession date


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I have today received a letter from my mortgage company (Capstone's) solicitors saying that we they have written to the court bailiff asking them to arrange a date and time for us to be evicted.

 

We are £1,400 behind on our court arrangement £1000 of which can be paid by Monday 28th Sept.

 

I have spoken to Capstone and they have said that the arrangement has been cancelled and unless I pay £5300 by the eviction date - yet to be set we will lose our home.

 

I am so scared can anyone give me any advice/help.

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Hi Slgsue

 

Bit out of my league I'm afraid, don't panic though someone will look in on you soon.

 

Try hitting the red triangle for the site team and ask if Ell-enn can offer you some advice a little later.

 

Chin up :wink:

 

Gez

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Hi there, what will happen is that the solicitors will apply to the court for a warrant of eviction, you will then be served with the warrant which will give around 14 days notice of an eviction date. However, you can enter an N244 form at court asking for a hearing to suspend eviction and I can help you with that. Provided you can show you are able to make the payments going forward you will be ok.

 

Did you attend the original hearing when the suspended order was granted?

 

What was the reason for missing the payments under the order?

 

Make the payment on the 28th, this will help your case - are you going to pay by debit card? if so get a bank statement straight away (if you are on internet banking it will be easy, if not go into your bank and get one).

 

Ell-enn

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Thanks for the quick replies. The reason for being behind is that my husband gets paid in month and last month we had some difficulties due to paying childcare over the holidays so we could both work!

 

I will be paying by debit card and do have internet banking.

 

I did attend the court hearing and was out of work at the time so hence only paying an extra £50.

 

Do I fill this form out before I get the eviction date?

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If you enter the N244 before you get a notice of eviction it will cost you £75.00, if you wait till the notice comes it is £35.00. However, if you are paying £1,000 on 28th - you may be able to negotiate with Capstone to cancel the eviction based on the fact you are able to make payments going forward. If not, then you enter the N244.

 

It's your choice, let me know what you want to do and we'll take it from there.

 

It might be a good idea to send a letter (by fax if possible) to Capstone detailing the problem you have had and advising of the payment to be made on 28th - if you need help with the letter let me know and I'll draft one for you.

 

Ell

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Thanks Ell.

 

I definately dont want to pay £75!!!! I will wait for the eviction date. The staff at Capstone have been incredibly unhelpful so far so any help with letters etc will be extremely gratefull.

 

I have even resorted to asking for a loan from my in-laws but they cannot give me enough money. I just dont want it to get to having the bailiff date given to me for next week when I havent had the chance to prepare properly!

 

Sue

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OK, I'll draft a letter - are you able to fax it to them?

 

In the meantime, I have affixed the budget form we use - you will need to send that with the letter (and also affix it to the N244 if you have to submit one). When filling it in remember that the amount you are offering to pay towards the arrears each month in addition to the normal monthly payment is the amount left over after everything else has been accounted for. It's a good idea to print one off to "practise" on first so you get the sums right.

 

I'll affix the letter shortly.

 

Ell

Budget Sheet.xls

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I really appreciate that. I can fax it to them from work I am sure my boss wont mind.

 

I think I will go over the sheet tomorrow as feeling a little stressed tonite and wont concentrate properly!!!!

 

I know you cant say 100% but what do you think is the likelyhood of us losing our home?

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Hi there, affixed is the letter. Make sure you ring them up and get the correct fax number - after you send it make sure you get a fax confirmation receipt. You should also send the letter by special delivery (again make sure you have the correct address). Keep a copy of both the letter and the budget sheet, pin the fax receipt and postal receipt (you can print the signed for receipt off the royal mail website in a few days) to your copy. Keep all this safe in case we need to put in an N244.

 

Also, the second page of the document I have affixed is a letter to the solicitors (which you should again fax and send) which gives them a copy of what you have sent to Capstone.

 

Do you have a statement from Capstone? no doubt there will be arrears charges in the amount of arrears they are stating you owe!

 

If we need to enter an N244 and you can demonstrate to the court that you have a) the income to make payments going forward and b) a good reason for having missed the payments ( and you can demonstrate both of these :)) then you won't lose your home. Judges don't want to take people's homes away unless there is absolutely no hope of making payments.

 

Ell

Slgsue letter.doc

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Thank you for that letter. It hasn't helped them be any nicer but not really surprised!!!!

 

I have managed to come up with £3400 off the arrears. My new question is shall I pay all of this off in full if they will come to an arrangement with me in writing or should I just clear what was my arrangement and wait to get in front of a judge with the rest of it?

 

It is just that I have spoken to them and as I dont currently have an arrangement in place they are going to add another £115 in charges on Thursday!!!!! After looking at my original court documents I turns out that at least £2000 of these arrears are charges, I nearly passed out with shock!

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I would pay as much as you can now - if you receive an eviction notice we can enter an N244 and tell the judge the arrears total contains charges and is therefore not a true reflection of the position.

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I am going through the budget sheet I have a second mortgage does that payment come under mortgage? Stupid question I know but want it to be right!!!

 

Update!!! Just spoken with Capstone and offered my payment of £3400 and went through my budget sheet with them that I had prepared earlier!!!! And said I could afford £150 a month off my arrears.

 

She has said that she will put it across to the referral team and I will know in 48 hours max. She has also said that the date she will put the arrangement for is 1 Nov so I dont incur any more in the way of charges.

 

It all sounded quite positive and she felt that it was reasonable what I was offering. I have asked that if this is acceptable to them for them to put confirmation in writing before I make this payment which she agreed to.

 

How does that sound to you guys as I have read your posts and think your advice is amazing:D.

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If they're prepared to put it in writing and it's what you can afford then obviously it's best to come to that arrangement rather than go to court.

 

Are you sure you can afford to pay £3400 in a lump sum?

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Its actually an interest free loan from a friend for which we have drawn up a contract etc for and I am expecting to receive a lump sum from some PPP policies shortly. It's actually what I do for a living LOL!!!!!

 

I would just rather get it resolved as soon as we can to stop any further charges etc which at the moment are being charged at £165 per month, though am prepared to see them in court if they do not except the offer.

 

Also we are desperate to be able to get these arrears cleared asap so as to be able to get a remortgage with a nicer company as other than my mortgage all my other "debts" are up to date and thats the only thing that negatively affects my credit rating.

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New update................... Capstone have accepted my repayment offer and am now just waiting for the funds to clear to have the repossession stopped!!!!

At the same time my boss is looking into my mortgage for me as he believes from working in the mortgage industry for many many years that my charges are unfair and could possibly be written off/refunded whatever it is they do with them!

I shall keep you posted but thank you soooooooooooooo much for your help and support, it matters so much when you are in this sort of predicament!

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New update................... Capstone have accepted my repayment offer and am now just waiting for the funds to clear to have the repossession stopped!!!!

At the same time my boss is looking into my mortgage for me as he believes from working in the mortgage industry for many many years that my charges are unfair and could possibly be written off/refunded whatever it is they do with them!

I shall keep you posted but thank you soooooooooooooo much for your help and support, it matters so much when you are in this sort of predicament!

 

 

there are some other cases on here where the charges have been refunded. As soon as you hopefully get another mortgage arranged then you can start the ball rolling. the correct proceedure I believe is to put in an official complaint and then go to the FOS . When you are ready I can post you some links to relevant threads.

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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lol Sillygirl that doesnt surprise me they are horrible people!

 

Thanks Janus that would be great, just hoping it will be sooner rather than later. Need to get away from Capstone!

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  • 2 weeks later...

Would really appreciate some advice please! Have got the money in my account to pay the arrangement I have come to with Capstone. Before I do is there anything I need to ask/say to them as I dont want to part with all of this money and then they suddenly go back on the agreement and go ahead with the eviction which is set for 19 October.

 

The last time I spoke with them they said that they would contact their solicitiors once I have made payment to stop the eviction, how long does it take them to contact the courts solicitors for this as it is only a week away and despite my apparant coolness am absolutely petrified.

 

Please could someone advise??? xxx

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Hi Slgsue

 

Did you ever actually receive notice from the court or was it Capstone just putting the frighteners on.

 

From reading your thread its not clear if an order has been made??

 

Gez

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I have actually received the order from the court in the form of 3 notices of eviction, for me, my husband and a joint notice. I am aware that I can fight this in court but dont feel I would be strong enough too, last time we went to court for the suspended order I just sat there like a meek little mouse and accepted the fate they dealt me.

 

Now I am back at work and we know we have money coming our way, our aim is to simply pay and clear these arrears and hopefully at that point we can remortgage with a better company if the market picks up.

 

We are looking into claiming about being mis sold this mortgage as quite simply it wasnt affordable to us at the time as I was out of work and ever since we have struggled!

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You'll need a bit of help from Ell-enn with this.

 

I would suggest you get that N244 filed (if not already) to request a hearing for suspension of repo.

 

You'll need your budget sheet sorted as well to show that you can clear the arrears and are committed to doing do.

 

As for the payment, if you have it pay it, but ensure all done correctly and receipted, you'll be asked for evidence of this at hearing.

 

Best of luck

 

Gez

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right my lump sum is now paid and the repossession I have been told is being stopped. I rang their solicitors who advised me that I will have this confirmed to me in writing and that Capstone had indeed called them to cancel the repossession.

 

No feeling of relief yet though until I receive that letter from them, I just dont have an ounce of trust for them!!!!!

 

Once I receive that my next course of action will be to try and get these charges I have incurred sorted out because that would probably take me out of arrears completely!!!! Any suggestions how to go about that?

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Hi slgsue

 

I'd still get that request in for suspension hearing.

 

All things considered, do you trust them enough to believe all activity is cancelled?

 

Gez

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