staffyloo again

[staffyloo]

hi all

im afraid i need your help again.

capstone were granted a suspended repo order on 1 october,to pay the monthly payment and 300 on top starting 1 nov.

on wed i got a call from capstone to say they had not recieved nov payment so they were going for eviction. i told them that i had posted a cheque on the 4 nov and after getting a reminder letter from them reposted another cheque .as of wed 18 nov they still had not got it so the guy(nasty) said no its to late were going for eviction.i explained that i had posted 2 cheques and he said he would monitor the account and if i rang them that night to set up a dd he would cancel the eviction.I didnt want to ring them to see if they had recieved the cheque so i have today cancelled it and will pay it in cash on monday.

i know i should have made sure the payment was with them by the due date but didnt think it would come to this being a few weeks late.

today i recieved a letter from them saying if i dont pay full arrears they will evict.

[Ell-enn]

Oh dear, I take it you didn't send the cheque by recorded delivery? Unfortunately when you miss a payment under a suspended order the lender can apply for eviction.

 

You need to make the missed payment on Monday - can you do this by card over the phone?

 

If they do go for eviction, we can apply for a hearing to suspend the eviction but I'm sure you'd rather not go through that. If you can make payments over the phone that would be best but they really do have to be made on the due date.

 

Ell

[staffyloo]

yes i can make payment in cash with payment booklet. do they go for eviction so quick 18 days late?

[Ell-enn]

They could go for eviction if you were 1 day late as you have breached the court order.

 

Can you not make the payment over the phone? if you pay cash into a bank it could take another 3 days to get to them.

[staffyloo]

no it will have to be bank,but last cheque i sent was recorded they might have it by now ,he said he would ring me if they didnt recieve it and he didnt ring so maybe they have it.

[Ell-enn]

Did you write your account number, name and address on the back of the cheque and enclose a covering letter?

 

Also, did you check on the royalmail website to see if they've signed for it?

[staffyloo]

yes wrote acc no but cant find po receipt .i should no better ,im just hoping they got it onthursday because he didnt ring me to say they hadnt.

he also said that id missed octobers payment but when i told him the judge said payments from 1 nov he said oh someones put the notes down here wrong it says the 1 oct.so they thought id missed oct and nov .

should i ring them on monday to see if they have payment b4 i do anything?

[Ell-enn]

Yes, ring them first.

[staffyloo]

ellen sorry more questions ,do you think the judge is likely to evict,how quick will it be, im panicing now

[Ell-enn]

Let's wait and see if they send for an eviction warrant - it would take about a week before the warrant was issued and you usually get 14 -21 days before eviction - so there would be time to defend.

 

Make sure you pay the 1st December payment on the due date - you can then show a judge you are trying.