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    • i can't find a lost scottish court claim for a speculative invoice... likewise i haven't seen any gauge of an increase in PPC's issuing court claims in scotland since the much trumpeted POFA changes in Scotland - if they even happened or changed anything   it pers concerns mea bit  more as you say you've read up....focussing on POFA.. that you still appear not to have understood the very 1st basic principle of PPC things ..they are not FINES.   if they did get sheriff officers to issue a claim, and again there is no data to indicate any increase at all in them doing so, bar a handful of cases you can count on one hand in the years before, there would be plenty of chances to fold .
    • Hi This is the email i sent in December.     Hi  I do apologise but I must say going by your list of varying case studies upon your website i think you are wrong. There are various examples there of let us say loans that have have recently completed, whereby resolutions have been found, they were not deemed out of time just because the policy was entered into at the start of the loan, some +10yrs earlier. What concerned me more was the DMP and thus the CMP & CML membership were only recently concluded.. The comment you have made that PayPlan sold me the two plans I've complained about in October 2007 is somewhat mute as policies were still live within the last 6yrs with regard to payments toward them , even within the last 3yrs , if fact. I would also like to mention. "letters in 2015 from Payplan should have alerted me there was an issue," is again pretty mute as I was not aware then I could complain of mis-selling, there is no evidence I can find before 2017 anywhere that CMP & CML were even reclaimable.! I would also like to point out there is a diff between CMP & CML, they state they are both membership schemes, they are NOT. I also believe the above further answers his exceptional circumstance question...there are none as I believe I don't need any as I am NOT out of time! For the reasons above I don't agree with your decision and would like to have this looked at by an ombudsman as stated in your previous email. Kind Regards.     I will post the attachment shortly.   
    • Ah I see, I did kind of give them a notice to pay up in 7 days before taking things further but they refused and instead asked for the next instalments through a solicitor letter. I was thinking whether it would be better and more cost saving if I instead take this to a small claims court as oppose to the big courts, I know that is what you suggested at the begining. I was just not sure if I had a case since I unfortunately signed the new variation agreement.   
    • Yes, I expect that the mutual agreement was based on "we'll give you this amount of money but part of the deal is that you agree not to talk about what happened during this mediation". I suppose that either party can insert any demands they want in the mediation process and it's up to the other party to accept it or to walk away and then to go on to court
    • Never heard of that....a mediator cant impose that ...nor the defendant unless it was mutually agreed between both parties.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
      I opted for mediation, and it played out very similarly to other people's experiences.
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
      Many thanks, stay safe and have a good Christmas!
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Capstone/Acenden reposession date

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Never ever saw a debt advisor, just spoke to the lackys on the phone!!!!


The wording used by the FSA that is to "compel firms to consider all options for borrowers.



Repossessions should always be the last resort" should be tattooed on every director at Capstones head as from what I can tell, it is their FIRST resort!!!:mad:

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having the same trouble with Capstone/Preferred.


said they where sending an adviser please ring to make appointment.

up to £92 would be the charge

rung to cancel because i am using a free service,



never even made an appointment and an agent just showed up at my door

told him was not using them because they charge

he said i was doing the wrong thing and he put it down as a refusal. cheeky sods


rung mortgage company up and told them

and they say they are still charging me because he turned up unannounced i might add and that where still charging me.

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Has this offer come via the FOS or are Capstone trying to pre-empt the FOS investigation?


I would let the FOS have a copy and explain that the prportion of charges against the actual arrears is dis proportionate and therefore makes the re possesion claim unfair. Then see what FOS have to say.


Last year when I complained to the FOS about Crapstones as soon as I told them they were threatening re-po they dealt with it straight away.

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  • 3 months later...

Hi all, its been a while but Crapstone are at it again!!!!



To cut a long story short we have been keeping up with our payments plus the extra £250 a month - no problem.



Then my son had a serious operation and was in hospital for about a week.



This caused serious financial difficulties and we missed Mays payment.



So guess what we are now back fighting!!!!



Letter from solicitor arrived saying that they had applied to court bailiff for eviction date,

just waiting for that.



Can anyone help please ............ sorry to be such a pain

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Hi there, have you contacted Capstone to tell them why you missed the payment?

How many payments have you made since the last arrangement started on 1st Feb?

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Hi Ell, yes have explained my reasons for missing the payment and told them that I will resume with my agreement this month on the 15th as previously agreed with them. They said they are awaiting a decision on whether this is acceptable.

The May payment is the only missed payment since the arrangement and the new eviction date is 21 June, they are getting quicker!!!!!

I am going to contact FOS today to sort out my complaint regarding charges, things have been so hectic this was put to the back of my mind, I also want to complain about the way my account was handled with them.

My new argument is that a responsible lender should explore all avenues including capitilising the arrears. Capstone will only consider if you have little excess income, well when the arrears first came into play 2 years or so ago, we had NO excess income!!!!! That option was never given and if it had been I probably would never have got into this mess we are in now.

I had earlier given up but after thinking I am ready to fight once more!!

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Did they tell you when to expect the decision? keep on at them until you find out - you may need to get a N244 to court asap.

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They told me I should have a decision in the next 24 hours.



I have logged a complaint with FOS about the charges and the fact that repossession was a first and only option.


I am now looking into Pre Action Protocol as advised by Shelter

I strongly believe that this has never been applied in my case.

I will let them know that when I call tomorrow!!!!


Quite prepared to see them in court too just need a new arrears/charges statement my last one is from January but showed £2500 + in charges, my arrears & charges total including Junes payment only equals £3719.55!!!!!



Capstone have refused my offer saying that the arrears are too high to do this with.



I need to get into court asap now,

I am on the phone to them as we speak and they are as yet refusing to give me a clear indication of what are charges and what are arrears on my account and are refusing to give me their decision to refuse my offer in writing so I can take this into court with me.



They are trying to get a figure that they will accept to stop the action,

I am so worried my little boy is currently wheelchair bound

and I have 12 days to find alternative accommodation should worse come to the worst


They want £1200 which is May and Junes payment :(

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1. Don't Panic.


2. Wait a short while for others to come on here and provide some good advice.


3. Keep a diary of your telephone calls, dates, times, what was said.


4. Don't be pressured by them. Particularly don't be pressured on the phone. Especially don't be pressured into agreeing what you cannot afford.


5. Consider if it is wise to be dealing with them on the phone. Email, fax and letter (recorded) are better forms of comms because a. you take the time to consider what you want to say b. they cant create such a time pressure on you and c. a record is kept of time/date and what was said by both parties.


It seems to me that they can pull the case any time they like up to the date and time of the appointment so do not let them create an urgency to act. Take the time.

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Thanks Comebackjimmy.

I have decided that I will not be in touch with them now until I see their solicitor in court.

What does panic me a lot is that I have been here before and this is the first time they have refused my offer

- new ground for me here!!!!

Will this affect the judges decision?


I have printed off the N244 form and filled it in as before, but do need desperate help with the statement.


I would like to put in there the reasons behind missing May's payment and that I have put a complaint into FOS regarding the charges and also the fact that no help was offered to me when we first went into arrears such as no chance to capitalise the arrears.


I still have my budget sheet which is still relevant but they would not give me a up to date statement showing charges so this one dates back to January 21 2010.

Can I use this in desperation?


I intend to hand the form in tomorrow so help would be appreciated

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I'll help you with the statement, but it will have to be later this evening if that's ok?



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Hi, statement for Q.10 affixed. When you print it out make sure your printer is set for A4 paper (not Letter size). Enter the info at the top where there are XXX's (remove the XXX's) - the info will be on the eviction warrant.


Do you still have a budget sheet from the last time? you will need to affix one to the N244 along with the statement.


I have also affixed an N244 form and the instructions for completing it are below:


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.



Assemble as follows:





Budget Sheet



Take a copy of it all before you take to court so you have one to refer to in the hearing.



Any questions, just shout.

Slgsue N244 statement.doc


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I'm sure it will go fine. Let us know when the hearing is.

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Just a quick question,

should the court see in favour of Capstone,

would we still be able to make the payment of £1200 that they said would stop the eviction

or would going to court cancel out that offer from them.



Would rather not as would mean borrowing money from my mum who is struggling herself but bless her heart would do anything to help me

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You may not get a hearing until after you have paid the installment due on 15th June (make sure you have proof of payment) that will show the court that you are serious about keeping to the arrangement.


I am sure the court will not grant possession when your arrears are not a great amount - it will be OK :)

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N244 submitted and the hearing is on Wednesday at 2pm. I am due to make my payment of £600 for June tomorrow, this is my monthly installment plus money off the arrears.


I am inclined to make the payment to support my application, but as I usually make this payment by debit card I need to know what to get so I can use this on Wednesday, as we all know that Capstone are fantastic at losing/misplacing payments!!!!

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I have tried to find the info I need on the SPML thread but it is too long!!!!!!!


I believe that we should never have been sold our mortgage with the aforementioned cowboys and would like some help in doing something about it.


I have seen companies advertising this service but want to do it myself as (a) not got the upfront fees they want and

(b) anything I get back I dont want to share with them:p


So my question is where to start, is there some kind of template letter I can use and what can I hope to gain from this. I just want some kind of satisfaction as this company are trying for the 3rd time this last 12 months to evict me and my family and have had enough sitting back and not taking action.


Any help even if its to point me in the right direction on other threads would be lovely.

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Hi slgsue, I have been reading today about people who believe they have been mis-sold mortgages and copied some info below, which I hope is helpful.



If you have been mis-sold to you. The crux of any claim will be that you were misadvised by whoever arranged your mortgage, i.e. a broker, IFA or bank. Listed below are some of the most common instances where mortgage mis-selling may have occurred. If you feel you may have been mis-sold for a different reason then speak to your local Citizen's Advice Bureau to see if you have valid grounds for a claim.

You were not properly assessed to check that you could afford the monthly payments.

You were sold a mortgage while you were on benefits.

You were told everything good about the product but not given any information about what would happen when interest rates go up.

You were pressured by the broker into falsifying details such as your income in order for the application to be approved.

The mortgage runs past retirement age.

Your situation was wrongly assessed.

You were advised to switch to another lender without being told of all the fees and penalty charges that would actually make you worse off.

The commission paid to the broker by the lender was not explained to you.

You were a council tenant who was advised to buy your council house without the lender undertaking an adequate assessment of your financial situation.

You were advised to take out a self-certification (self-cert) mortgage even though you are not self-employed, so that you could borrow more.

You had to pay the broker a separate fee which was a percentage of the loan.

Your mortgage was within subprime borrowing or fell under adverse credit.

Your mortgage is an endowment mortgage and you were not warned of the risks involved, how your premiums would be invested and advised that it was a long-term investment vehicle.

If you are sure that you were mis-sold your mortgage the next step is to take your complaint to your broker.



Taking your mis-sold mortgage claim to your broker


Before you can take your claim to the Financial Ombudsman Service you must first exhaust your broker's complaint process. This involves writing to your broker, be it an intermediary, an IFA, or a bank, with your complaint until it's clear that no reasonable settlement is going to be made.

Before making an official complaint to your broker it is advisable to gather evidence to prove that the broker advised you incorrectly and mis-selling occurred.

The FSA rules state that the broker "must make and retain a record" of the mortgage being suitable for you. In other words, the broker must prove that they advised you correctly and followed all procedures in determining whether the mortgage was suitable for you or not.

Request these records from your broker, quoting Section 4.7 of the MCOB. Ask them to show copies of all the advice given to you and to prove that they carried out a full income/expenditure assessment or a fact find. It was their job to make you aware of exactly what you would be paying and to tell you if you could realistically afford the mortgage or not. If they cannot prove that they gave you full and accurate advice then you will have strong grounds for a claim.



Once you are clear on how the broker's bad advice led you into paying for an unaffordable and inappropriate mortgage then put your complaint to them clearly explaining the following:

How your mortgage was mis-sold and how the broker's advice was misleading.

What situation this has left you in (e.g. arrears, risk of repossession).

What you would like for the broker to do to remedy the situation e.g. end the mortgage and facilitate a move to a more suitable mortgage while compensating you for the extra costs, refund all arrears fees.

It will probably be the case that the broker flatly denies all allegations of mis-selling. Do not give up there, however, as you will now be able to forward your claim to the Financial Ombudsman Service for an independent review.



Escalating your mis-sold mortgage complaint


Forwarding your claim to the Financial Ombudsman Service


If no reasonable solution has been reached after following your broker's complaint process you may forward your case to the Financial Ombudsman Service.

The FOS is an independent body set up by the government to resolve disputes between financial companies and their customers and is free to use.

Gather all the previous correspondence relating to your complaint and follow the procedure on the FOS website. They will review your case independently and if they rule in your favour, your broker will be obliged to compensate you.

If after all this you are still unsatisfied or if you are in any doubt at any stage please always consider taking independent legal advice from a solicitor who can advise you in more detail.

Edited by frettful38
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Thanks Fretful, that reply is amazing!!!!


The broker should definately have realised the payments were too high, we were in arrears within 3 months!

We had to Self-Cert, my husband was on a relatively low income and I was a homemaker

Their fees were added to the mortgage

Had no clue regarding the commission paid by the lender

Mortgage definately sub-prime!!!


I am in court on Wednesday to appeal the eviction notice and once that is over I am going to start this process.


A massive massive thank you


Oh and the fees did make a percentage of the mortgage

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How slow are these people?????

Just called to make my payment of £600 which is £375 monthly payment and £225 off the arrears

the guy that I spoke to gave me full name and authorisation code,

I have also noted date and time to give to the judge and was actually amazingly quite pleasant.

He actually asked me when the eviction was to take place, I have known for a week for goodness sake!!!!!!


He offered again the option of paying £1200 to stop the eviction, I said no thank you.

He said and I quote

"so you are putting in an application to have this suspended then?"

didnt want to give my game plan away to much and said absolutely I want a judge to decide.

The hearing is tomorrow surely they should know about this???????


One other thing, how do I present the new arrears total to the judge as it differs from my statement now due to the payment that I made and promised to make on the statement

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Are you on internet banking? if so print off a statement - circle the payment you have made in red pen and blank everything else out on the statement with a black felt tip (no need to let anyone see the rest of your banking details).

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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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