Help needed with n244 form Capstone Eviction

[sawyer]

Hi, can somebody please help with filling out form n244 and whatever else is needed to prevent eviction (Early Jan 2010). I have a loan with Capstone/SPPL. Arrears charges and fees have accumulated, Capstone managed to get a suspended possesion order in early 2007, arrears currently around £2,000. Payment arrangements have been set up stopped and set up again, nothing in writing. Have received SAR. Total fees charged are over £4,800. FOS involved but things are moving quick with Capstone. Feel free to PM.

[Ell-enn]

Hi there, I can help you with the N244. Are you in a position to make payments towards the arrears each month on top of the normal monthly payment?

[sawyer]

Hi, yes can do, but paid over £900 in October to stop eviction. Demanded Nov payment + arrears by 1st otherwise eviction process would start all over again. Capstone have added legal costs £258 Litigation fee £115 Did not manage to make payment in Nov as had to catch up on other bills & mortgage. Seems catch 22 at present as still charging Litigation fee each month although payment arrangement was in place. Normal monthly payments are around £230. Have paid over £20,000 to them and now owe more than I started with. More to tell but would rather PM.

[michellej]

hi , seems you are like most of us ,.. and it always seems to be the sub-prime lenders ,.. I would request the underwriters sheet also , this will help you work out what is what , your true arreas, and hopefully spot a secret commission ,which will hopefully void the contract and agreement ,.. so you would owe what you first borrowed minus all the payments and charges previously paid , they are loads of threads on this subject , good luck stay strong

[on*the*case]

Hi sawyer

 

Ell-enn has offered assistance with the N244, take the offer. Ell-enn helped me just a while back when Capstone wanted to evict me.

 

You say that the arrears are about £2000 and that you have been charged about £4,800 in charges. This is typical of the way that Capstone operate and it is likely that charges make up a substantial part of the arrears.

You cannot be evicted for charges.

Your true arrears figure is the difference between the contractual mortgage payment due and the actual amounts paid. Do you have the records to calculate this?

[Ell-enn]

Hi Sawyer, I need some information before I can draft a statement for your N244.

 

Is the mortgage in joint names?

Do you have any children?

How much can you afford to pay towards the arrears in addition to the normal monthly payment?

 

You will need to send in a budget sheet with the N244 and I have affixed one to this post. When filling it in, make sure 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 had been accounted for.

 

Ell-enn

Budget Sheet.xls

[sawyer]

Hi Ell-enn many thanks for your offer of help. Loan is in joint names and yes we have children. I will get back to you as soon as I can with the other details. Thanks again.

[sawyer]

This is of interest re Capstone. open the pdf doc

 

Standard & Poor's - Servicer Evaluation: Capstone Mortgage Services Ltd.

[on*the*case]

Hi thanks for posting that, it had been posted elsewhere on here but is still important.

A couple of extracts:

 

• in 2006, 8000 plus properties were in the 2nd collection category 'Ligation'.
  
• Litigation Management Fees for 2006 will exceed £12M
  

[Ell-enn]

Hi, affixed is the statement for Q.10 of the N244 form. You need to fill in the info where there are XXX's at the top (the info will be on the eviction warrant). When you print out the statement make sure your printer is set for A4 paper, not Letter size, so it all stays on one page.

 

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 all the FOS/Capstone correspondence, except it will be Appendix 2.

 

Assemble as follows:

 

N244 form

Statement

Budget sheet - Appendix 1

Letters etc - Appendix 2

 

Now take another 2 copies of all of the above and staple into 3 separate sets. Take one set to the court with the £35.00 fee - they will give you a date for the hearing while you are there. Keep the other two sets to take to the hearing. You really need to get it to the court this week as they will be closed for hearings over Xmas and New Year and you need a hearing when they open again 1st week in January.

 

These are the instructions for the rest of the form:

 

 

 

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.

 

Any questions, just shout.

 

Ell

Sawyer N244 statement.doc

[sawyer]

Many Thanx Ell-enn.

[sawyer]

Hi, all done, taken to court and have court hearing before the eviction date. Thanx again.

[sawyer]

hi , seems you are like most of us ,.. and it always seems to be the sub-prime lenders ,.. I would request the underwriters sheet also , this will help you work out what is what , your true arreas, and hopefully spot a secret commission ,which will hopefully void the contract and agreement ,.. so you would owe what you first borrowed minus all the payments and charges previously paid , they are loads of threads on this subject , good luck stay strong

 

Hi, can you give me some links to some of these threads please.

[Sallyvon]

Hi Ell-enn, I think I'm being remarkably stupid but I'm not sure how to begin a new thread! I'm particularly stressed at the moment so perhaps that's the reason... Anyway, I'm responding to your request to post in Repossessions. Our Mortgage Provider is Capstone/SPML and according to them we now have arrears of approximately £10,000 and they are seeking repossession on 15th January 2010. We have a suspension order since being taken to court by them in 2006. Since that time we have been making our monthly payments regularly plus £150 towards the arrears. However, my husband is self-employed and due to the recession and his main client becoming insolvent, he has not had very much income since May of this year. We struggled on using our savings, my meagre income as a foster carer and the small income generated by my husband, until September and since then we have been unable to pay. I have requested a full breakdown of all the payments we have made but we are still waiting to received this. We contacted the CAB who referred us to our LA Mortgage Rescue Scheme and someone came out to do an assessment and told us that we qualify for help from them. An appointment was made by them to see the financial adviser at the CAB to go through all the income and expenditure forms etc but unfortunately the first appointment with him is on 20th January - 5 days after our eviction is due. They advised us to complete form N244 and take it into the court together with a letter from them stating that we are going to be helped by the Mortgage Rescue Scheme. Due to the severe weather we were unable to make it to their offices before they closed for the Christmas holiday and as they are closed until 4th January, they promised to put the letter for the court in the post to us. It looks like it wasn't sent since it still hasn't arrived. We have a 9 year old foster daughter who has been with us for over 2 and a half years and is staying with us long term. I am also in receipt of higher component of DLA and I am due to go into hospital in January for a right knee replacement. My husband has got some work starting to come in and he has also applied for University Lecureships - he was requested to apply for one even though the closing date had passed and we are awaiting the outcome at the moment. I would appreciate any help in putting forward a strong case to the court for a hearing prior to the eviction.

[Ell-enn]

Hi, go here Repossessions - The Consumer Forums

 

at the top and bottom of the page there is a New Thread tab, click on it and it will open a new thread box for you. Copy what you have put in this thread into it.

 

I will then respond on the new thread

[sawyer]

Hi, house is now safe for the moment, arrears/charges etc rest on outcome of FOS complaint.

[sawyer]

I did notice that there were several other poor souls with court hearings with Southern Pacific listed.

[Ell-enn]

Hi, that's good news - well done Can you tell us a bit about the hearing please. Sharing experiences helps others in the same situation.

[on*the*case]

Hi, house is now safe for the moment, arrears/charges etc rest on outcome of FOS complaint.

 

Well done

 

Remember only deal with Capstone in WRITING.

They are the worst type of weasel, and watch out for the charges.

[Angry Landlady]

can your property be put into recievership because of charges?

[on*the*case]

can your property be put into recievership because of charges?

 

Q? Do you mean can a Receiver be appointed ander the Law of Property Act if the breach is unpaid charges?

A. Possibly, you need to look at your mortgage deed.

There are a number of threads about LPA Receivers.

[sawyer]

Hi, that's good news - well done Can you tell us a bit about the hearing please. Sharing experiences helps others in the same situation.

 

Hi, OK a little about the hearing. Optima had appointed a local Solicitor to represent them, so that was maybe a good start and we had a chat in the interview room beforehand and repossession was not the first option. They were telephoned and rejected to my Income & Expenditure form as a previous one had more disposable income. I mentioned about the arrears being made up of charges and also about a missing payment not shown on statement. Another phone call was made and we went into court.

 

I informed the judge about the arrears being made up of charges and fees and also my complaint with the FOS. The fact of the missing payment, the excessive charges being added all the time, the statement not adding up, PPI added, the way that Repossession is the first option etc etc. Also mentioned about SPPL being insolvent showing the notice to note holders and mentioned according to the CIB that SPPL do not have the authority to do repros etc (I was told that this was irrelevant) I believe by now we had by far exceeded our 15 mins and the best outcome was to pay the £50 offered on top of monthly payment to clear the arrears pending the outcome with the FSO, as going through the courts would cost me a lot of money.

 

All in all I got the result I wanted and thankfully I had already lodged the complaint with the FOS. I guess the charges and fees will continue pushing up the arrears.

 

Some previous times in interview rooms with others have not been good to say the least. I remember one time with another lender and the chap representing them told me I had completely wasted his time as payment in full was made the day previous. He told me of some of his repros, one having reducing a young single parent mother in Brighton to tears and making her homeless the day previous. I also had a solicitor from a DCA that asked to see a certain piece of evidence and tried to keep hold of it…. How do these people sleep at night ?

[sawyer]

Hi, more fees added to my arrears by SPPL, received their solicitors costs today of over £400 I take it this was for the court appearance earlier this month, this along with their legal fees before Christmas and £115 Litigation Fees etc have added around £1,000 in just a few months !!

[slgsue]

Hi Sawyer, seems like I am in your situation, going to court to get a date for suspension (hopefully) on Monday. How did you go about complaining to the FOS as my arrears total £3300 of which £1575 are charges. It makes me so mad as you make arrangements to pay these arrears and every month they add charges so the arrears can never clear!!!!!!

[sawyer]

Hi Slgsue, I telephoned FOS who initiated my complaint re unfair charges etc. On Capstones response to their letter I followed up with a set of further complaints going into more detail to Capstone. (A further set of complaints was also in hand as I kept finding things, but I never sent this). I had sent a SAR to Capstone cost £10.00 asking for transcripts of telephone calls etc etc everything they have. You need to do this. Looking through just the statement that was sent it does not add up and like many others you may find payments made not showing on the statement, charges you did not know about etc etc. The have 8 weeks to provide a final response before FOS can act. Capstone replied to the complaint I sent not really answering anything & sending a copy of their Tarrif. Has Ell-enn helped you at all re court ? I believe that telling the judge re my FOS complaint went a long way, but as said so many times before the Judges do not seem to have a clue to how this company and many others behave. Feel free to PM. Hope it all goes well for you.