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    • the debt is not SB'd as a CCJ must have been awarded to get restrictions said this numerous times now who is drydens stated client on their letter...Arrow global?  
    • Hello   I'm bringing a claim against a company HQ in the EU but with operations in the UK. T&Cs state UK court jurisdiction.    Am I right in thinking that I send 3 x N001 forms + N215 form + Fee cheque to CCMCC?    The court then takes over, seals the claim and serves it on the defendant?    Reason I'm confused is that some guides seem to imply that I get the sealed claim form back from the court and then serve it on the defendant myself?   Thanks  
    • Evening All,   PFA redacted WS and EL, hoping these will be sufficient to defend my case, yet to add a sequence of events section to WS which I will do tomorrow before sending off to CC and can try to post here for your kind review?   Should I also send to OPS at the deadline, I have still received nothing at all from them - or if they don't provide me their WS and EL I duly don't provide mine?    Approaching the end game now!      Thanks!   RATPCN Exhibit List Redacted.pdf Witness Statement Redacted.pdf
    • Yes is definitely an option – but I am rather concerned about the way that the other one went when they brought in Evershed's. It's still going on but I think it made it more worrying for the claimant. The finance company will have the wherewithal to be able to make strategic delays
    • Well at £7300, I think that any car should be able to run without any serious defect manifesting itself at least a couple of years. This car clearly is not in satisfactory condition when it was bought. Also, can we clarify that the finance was made by way of a loan and not hire purchase. It doesn't make a huge amount of difference but it is something that we should know. You have two targets. You can either sue the garage or you can sue the finance company. Somebody else on this forum in the past 2 or 3 months decided to sue the finance company. I rather thought it was an error because it was taking on the more powerful of the two – and it turned out that the finance company then when instructed a proper firm of solicitors who have simply been obstructive. It doesn't mean that the claimant was more likely to lose – but it became a little bit more nerve wracking and difficult. I would suggest that the best thing to do is to sue the garage who are going to be the weaker party and secure a judgement against them. Then if there is any difficulty enforcing the judgement, you can turn against the finance company but with a judgement already in your hand, any resistance should fall away quite quickly. At that point you can also threaten the finance company with an action under FCA regulations for unfair treatment – because what they are doing is clearly unfair. It seems to me that you need to get a move on. On the basis of what you say, your rights are completely clear and I would suggest that you begin by sending a letter of claim to the garage and writing separately to the finance company and telling them that you are going to be seeing the garage and that once you get a judgement you will be coming after them not only under their obligations under the consumer credit act but also under the FCA Handbook rules – COBS - which requires them as a matter of statutory duty to treat you fairly. The finance company will be quite anxious to avoid a judgement for breach of statutory duty. It may be that the finance company will then feel motivated to put pressure on the garage – but nothing is sure. If this seems to be a satisfactory way forward then it will be a matter of sending a letter of claim – probably in tomorrow's post – recorded delivery and an email as well if you want. You have to be sure that you want to do this and you need to search this forum for information on bringing a small claim in the County Court. It's fairly straightforward and because you are suing for less than the small claims limit of £10,000 it is pretty well risk-free. However it is worth knowing your way around because you will feel more confident about it. Please let us know if this is the way you want to go forward. I have to say that if you rather not do this then your only other alternative would be to go to the ombudsman which will be a very slow process and could last easily up to 12 months or more with an uncertain outcome. I would not recommend it   To add, if as a result of the breach of contract on the part of the garage you have incurred additional expenses, then we may probably be able to think about claiming for those as well.
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Capstone/Acenden reposession date


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Hi, that's great you got the statement today. You need to take a photocopy of the statement then circle each of the charges - total them up and write the total at the end i.e. Total Charges = £XXX Total Arrears = £XXX.

 

We attach the statement to your N244 statement, there is no way the judge will give them possession when he sees that statement and with the low level of arrears you have.

 

I will start to work on the wording for Q10 of the N244 later today.

 

You will also need a photocopy of the court order from the last hearing.

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Thank you Ell. That makes me feel a lot better. I have everything in a box file. I will take it all in to work on Monday morning and copy it before going down to the court.

 

I read on another post someone had complained to FOS regarding Capstone and their charges, this is also something I am going to do,

 

 

I did think about leaving it until after this has been sorted but want to show them I mean business now so as I have the day off on Monday will put that into action too!!!!

Just not quite sure how to go about it yet lol :)

 

One thing that has come to my attention,

Capstone are quoting my arrears as £3600 and have not taken into account my payment of £300 which I have faxed them evidence of and have also got a copy of from 18 January.

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Hi, affixed is the statement for Q.10 of the N244. You need to insert the info at the top of the statement (remove the XXX's) you will find the info on the eviction notice. Also, read through the rest of the statement and enter info where there are other XXX's. When you print it out, make sure your printer is set for A4 paper (not Letter size) so it all stays on one page, and don't forget both of you need to sign it.

 

On the budget sheet write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the Capstone statement which will be Appendix 2 and the fax proof of £300 payment which will be Appendix 3.

 

Instructions for the rest of the form as follows.

 

 

1. Your names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except We Believe

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

 

Now assemble as follows:

N244 form

Statement for Q.10

Appendix 1 - budget sheet

Appendix 2 - Capstone statement showing charges

Appendix 3 - proof of £300 payment

 

 

This forms your pack to take to court, take a photocopy of all of the above before handing in to court so you have a copy to take with you on the day. Make sure each pack is stapled securely. There will be a fee of £35.00 to pay at the court and they should give you a date for the hearing while you wait.

 

 

Any questions, just shout.

 

 

Ell

Slgsue N244 statement.doc

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Thank Ell that looks brilliant,

I have just gone over all the charges that have been added again and I missed a page

This means that the total amount of charges added to my account are £2564.38!!!!!!

 

 

With the payment they haven't included my true arrears only actually total £809.51,

its mad that companies get away with taking peoples homes because of their charges:eek:

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I have entered my N244 and have a hearing date of Thursday at 10am. Is there anything extra I need to take in with me or say when I am there.

 

I did receive a letter from Capstone telling me that even at this late date I can contact them to see if we can arrange a suitable repayment plan. Havent done so, hoping things go my way on Thursday

 

I have another update, just lodged complaint with the FOS regarding the charges, will inform the judge of that too!!! I am in a fighting mood over this now ;)

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Hi slgsue

 

In my case a family member was in arrears. Once a court date was fixed we arranged to pay the arrears less the charges and told them we would ask the judge to rule on the charges. They accepted the arrears and pulled the case without the judge getting the opportunity. We went on the day to make sure they had pulled. Could be they don't want this examined too closely!

 

I knew the arrears was going to happen before it did (as the income was seasonal and we knew we would struggle but be able to recover in the Spring) so wrote to them offering a repayment plan.

 

Nothing I could do would induce them to accept it so they got no money for about four months and threatened court action. In the end they decided they would accept the plan. Could have had the money from the start. Got to ask what the point is of following the standard advice of communicating with your lender when you are in trouble if this is how they behave!

 

Now threatening to try again, so I have to give it some more attention, hence my interest.

 

Sorry to clutter your thread with my anecdotes. My advice for what is worth is communicate by traceable means, and watch every detail closely.

 

I am no expert but will follow your case and if I think I can make a contribution I will chip in.

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No apologies necessary :) How did you go about getting them to agree on the charges?

I was tempted to call them just to say that I would be in court to fight this on Thursday and that I had made a complaint to FOS but couldn't be bothered with dealing with their ignorant staff.

 

I did speak to a guy from Shelter today, after my N244 went in and as I have offered to pay £250 off my arrears,

he advised me to lower the offer due to the fluctuating LIBOR rate,

but still pay what I had offered and if LIBOR goes up then I wont be stuck with an unaffordable amount.

Would like some tips as to how to go about this please.

 

What worries me most is I am quite good at putting things on paper but when it comes to speaking it get flustered and I cannot afford for this to happen on Thursday!!!!!

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Hi, if your true arrears are only £800 (without the charges) it will only take you just over 3 months to clear them. If you are sure you can sustain those payments for 3 months it's probably best to leave your offer as it is, otherwise you would need to submit an amended statement at the hearing.

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

 

 

This site is run solely on donations

 

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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To answer your question I told them I would see them in court and prior to the court date I would pay the entire arrears less the charges and I would ask the court to rule on their enforceability. I stated that I would be ready to pay the charges on the court date if the judge ruled they were lawful.

 

That is all. They accepted the arrears and did not proceed with trying to recover the charges, though they are now having another go.

 

I am not saying that was smart, correct or to be recommended but it is what I did and fortunately had the funds available to do it.

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The true arrears less their charges on the statement are £1109.51

then there is the payment they say I haven't made for which I attached the copy of my bank statment showing which brings the arrears down to £809.51

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I have just been on the phone to the lovely Capstone.

This was to see if they would accept my proposals for the repayments of my arrears for when we meet in court Thursday.

 

 

She told me there was an arrangement in place providing they find the missing payment which I posted them proof of last week.

Conveniently this letter has not been received.

 

 

They said they would keep looking, but I told them that I did not trust the company in any way and honestly doubt that even if they receive the proof it would be actioned

 

I also mentioned the fact I had logged a complaint to FOS against them re charges, and that my proposals to repay the arrears were more than fair.

 

 

I asked her as well if the repossession is stopped will they be adding any more charges.

She told me no providing I make my payments on time.

Think she forgot one thing,

I know I will be lumbered with their legal costs, for which I am going to ask for their invoice to prove!!!!!

 

The result of this call apart from feeling immensly satisfied that I had taken control of the call and them stuttering, is that she will be speaking to her manager in the morning to see if the arrangement can be accepted whilst they await my post (which knowing them has been filed straight in the bin!!!)

 

 

I am eagerly awaiting her call tomorrow around 11am to see if this will be accepted ;)

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Rather interesting phone call from Capstone today.

Before they called me they have apparantly cancelled the eviction and are happy for my proposals to go ahead as of 1st Feb!!!!!

 

I will be attending court tomorrow though as I want to make sure this is the case, kind of feeling victorious but at the same time very sceptical. We shall see :D

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Great news slgsue.

 

But you should still attend to make sure they do not try any low tricks.

 

May I also respectfully suggest you put on your very best interview grade business attire and enclose any paperwork you have securely in folders so it is not flapping around and you do not run the risk of dropping/losing it.

 

It is amazing the influence you can have on some of these so called professionals when you turn up smarter than they are. You are treated with much more respect, and anything you say can sometimes carry more weight.

 

Plus it gives you confidence when you walk in there to know you look good and business like, and you can upstage them very often.

 

Please trust me this works and you have nothing to lose, even though in all likelihood you have no business to transact.

 

(I make no underwear recommendations!!)

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Yes attend court to make sure.

They tricked me once like this, same thing,

they attended, I didn't !

 

 

Also you want that payment agreement in writing !

I've had problems similar with a verbal agreements,

they cancel them,

tell you no agreement in place and add their charges.

 

 

DO NOT TRUST THEM AT ALL !

 

 

They will say one thing and do another.

 

 

Give it a month or so and see if your arrears are what you expect them to be..

..I very much doubt it.

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Can someone help me on how I can go about complaining about the sale of my mortgage to SPML/C®apstone.

 

We were sold this mortgage 2 years ago when my husband was the onlywage earner brining home around £1100 after tax etc. Naively and desperately we took the brokers word for it that we could afford this mortgage.

 

Almost immediately we fell into arrears due to the payments being £750 per month!!!!

I have a complaint lodges with FOS due to the charges being imposed on us for being in arrears but how can I go about processing a claim for a mortgage which in all honesty should never ever have been sold to us?

 

 

We have just about avoided repossession for the 3rd time due to the charges and now feel it is time for retribution

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I'd stick it out and see what the FOS have to say.

When did you put the complaint in?

If you haven't aleady done so,

then get an SAR off to SPML, preferably 2 ..

one in each of your names with a delay them.

 

 

Do the same with the broker and get as much as of the original paperwork as you have together.

 

Do you have a copy of your application form with the true figures on it?

Was it a self certificated mortgage or did you have to provide wage slips?

More directly did you lie or provide any false information?

Or..did the broker fill in the blanks after you had signed?

 

Is the broker still registered and working?

 

Get the paperwork together first and find all the faults you can.

Feel free to send me messages as I'm in a similar position but have managed to get all my charges back.

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  • 2 weeks later...

After successfully staving off a repo by SPML/Capstone, I made a complaint to FOS regarding the level of charges imposed on my account. These were £2500 and my actual arrears only £800.

 

Today they sent me a full and final settlement offer of £445 which I dont think is acceptable.

The charges were made up of legal fees, litigation fees, DD fees etc.

 

Where do I go from here.

If they would come to at least half of it I would accept, not be especially happy but would think that was acceptable.

Is that being too greedy or expecting too much?

 

I would appreciate any advice and am sure there are loads of others out there that could use some on this matter too, thanks so much in advance :)

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I am glad that I just dont sound greedy!!!

Now do I tell them directly that they can stick the offer where the sun doesnt shine or start the process with FOS???

And any ideas on what to say as I want to have a good argument and case against them, apart from the obvious they are evil robbing barstewards!!!!!;)

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After successfully staving off a repo by SPML/Capstone, I made a complaint to FOS regarding the level of charges imposed on my account. These were £2500 and my actual arrears only £800.

 

Today they sent me a full and final settlement offer of £445 which I dont think is acceptable. The charges were made up of legal fees, litigation fees, DD fees etc.

 

Where do I go from here. If they would come to at least half of it I would accept, not be especially happy but would think that was acceptable. Is that being too greedy or expecting too much?

 

I would appreciate any advice and am sure there are loads of others out there that could use some on this matter too, thanks so much in advance :)

 

My advice is dont accept this first offer.

 

Go through and check and challenge EVERY single charge, line by line.

 

Firstly is it accurate? You know how cavalier Capstone are with their accounting ..... check or request sight of every third party invoice.

 

Secondly is it fair? has the charge been applied in line with Capstone policy .... and then is it fair in FOS/FSA (GMAC) terms?

 

Lastly, you have been charged interest on these charges.

 

Good Luck, in the past Capstone would have ignored your complaint and fobbed you off, now the climate has changed and they want to negotiate. I wonder why :)

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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Thanks on the case.

 

 

I will write to them and ask for their invoices from the solicitors these alone total £1300.

Are they obliged to give me this information?

 

I have to say was very surprised at the speed of their response it was 2 weeks today that I phoned FOS to get them to initiate my complaint!!!

 

 

I have also instructed my mum to do the same, too many complaints cannot go unnoticed surely:D

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