Capstone/Preferred/SPML

[uneverdid]

Hi all,

 

Just thought i would share my story with you, i have unfortunately got a mortgage through preferred although as you all know they are dealt with by capstone services.

I had come to an arrangement with them to pay an amount each week equal to my monthly mortgage costs x by 12 then divided by 52 to give a weekly figure of £140. I paid this and then they still decided to persue for a suspended repossession and also moved the goalpost at the same time and demanded £150 a week, which i began to pay.

 

Anyway moving forward i was in court on Wednesday and the judge was so nice he quoted the new mortgage protocol and would not issue a order because i had been paying regularly. However capstone put an appeal straight in and the judge agreed to adjourn the case for Capstone to provide further information. I telephoned Capstone yesterday and they have now said that if i keep paying they will probably not return to court.

 

Does this mean that they realize they are not going to win, as soon as i quoted the protocol they went very quiet.

 

I just wanted to show that Judges are aware of the new guidelines and appear to be on our side well mine was at least.

 

So dont despair hopefully more help is on hand now and less people will lose their homes.

 

Sorry for going on but its taken me ages how to figure out how to post a new thread. I really wanted Ellen's advice but just couldn't work it out.

 

Thanks again.

[bennyowen]

Thanks for the info. Just keep to your new payment arrangement and they cannot repo your home, even if they return to court.

[midge61]

Hi

 

Well done. Just make sure you keep proof of these payments being made. I have an issue with Crapstone at the moment due to their poor record keeping!

 

Although they say they won't go back to court if you do get another court date do make sure you attend even if Crapstone say you don't need to. They are very sneaky.

 

All the best

midge61

[uneverdid]

Hi, thanks for replying they are sneaky they told me if i kept to my repayment plan they would not charge me an arrears fee. Lo and behold i got my statement today and they have charged me an amount of £45 and £50 both say arrears fee. I rang them and they replied oh yeah we made a mistake on this occasion we will reverse it. I queried with them again about going back to court and they said the new mortgage protocol makes it more difficult for us now so we can never really tell if we are going back to court of not. mmmmmmmmmmm suspicious to say the least

[uneverdid]

Hi, i have received another statement today suposedly revised but its the same. I rang them and they now say the £50 charge is for litigation but it still state arrears dr on my statement, are they allowed to do this or should it say litigation charge ? whilst i was on the phone they said hold on and then came back to me and said that they had rang the solicitors TLT who had confirmed that as i was maintaining my payments they would not be going back to court but would be asking for liberty to restore. I have asked for confirmation in writing so will wait for that before i ring the court.

 

Thanks

[uneverdid]

Hi can anyone provide me with an explanation for the following. Until the last 3 payments my bank statement has shown the payments going out under capstone services however now they are showing as being paid to southern pacific. As far as i am aware my mortgage is with Preferred with Capstone being the servicing agents.

 

Help please.

 

Thankyou.

[verycatchy7939]

i asked the same question of crap-stone and they tell me all mortgage products are being changed to SPML(SPM_Hell) as they are the most solvent of the companies mortgage products.Apparently the administrators have told them to do this to simplify the business.- cant see this my self but i believe SPML is going to be sold.I think they putting all the bad debts in to SPML and the other products they will move the customers with the better profiles in to and sell them.SPML will then be sold as an add on to someone who gets the risk for next to nothing, maybe a cash rich russian lol

[uneverdid]

I rang them and they just told me it was an error that the cashier must have pressed the wrong button, but not to worry cuz the money was still goint onto my account. Surely they have to notify us as its a change in our terms if someone else now owns our mortgages.

[verycatchy7939]

never take anything crap-stone says seriously. they will have to tell us who we have been bought by but in there own good time .

[uneverdid]

Hi,

 

whoo hoo i have finally discovered how to start a new thread (thanks Kaz)

 

will try and paste all my previous posts at some point, (on little dottys thread).

 

So an up to date report, got my second suposedly complete SDA through today. There are however missing letters that were previously sent in my first incomplete package. There were also no mention of any solicitors their costs or copies of any letters sent by them. I rang (yes i know shouldnt ring but i act on impulse) i have been told that solicitors details etc are not subject to section 7 of the SDA act and i am not entitled to them.

Rang FOS as they are dealing with this and they said they do not deal with this so dont know. HELP

Does anyone know if i am entitled to see these documents???? Thanks for your help

[uneverdid]

hi its gone quiet does anyone know the answer ?

 

thanks

[uneverdid]

Hi,

 

I have finally managed to open my own thread(thanks EIE).

 

I have posted many comments mainly on littledottys thread but i will give you a bit of background.

 

I was took to court last Feb for missed payments. However because i had been making regular payments since the previous October the judge dismissed the suspended repossession request and set it as liberty to restore.

 

I maintained payments until Sept when to pay for my HIP pack i had to miss the months payment. I also had to take some unpaid time off work in December so unfortunately missed that one too. Although i did offer to repay that over 3/4 months and that offer was declined.

 

I have been given a new court date of 17th March. I have asked for a breakdown of arrears but have been told to get this i would have to pay £35. I did receive a letter from TLT Solicitors but that just gives the monthly figure due, the total arrears which as you can imagine includes a lot of charges. Capstone have sent me a letter saying they will not oppose a suspended repossession order if an arrangement is set up.

 

However i really would like to avoid this and want to know what to do now. As i have not received a breakdown of all charges and missed payments i am struggling to get exact figures together.

 

Can anyone please advise me as what to do next. Can i apply for the case to be adjourned before the 17th March due to the fact that i have not got the info i requested.Or should i turn up and tell the judge and see what he decides.

 

Thanks for all the support i keep getting.

[actionnotwords]

As previously suggested uneverdid please contact Ell-en of the site team who will give you full information and forms with reference to the procedure.She is by far the most qualified to give you initial advice and you need to act as quickly as possible with the court procedure as you only have 2 weeks and may be able to avoid going to court if the lender has not followed the correct procedures.Ell-en will help you here.

Let the people know on the other thread by posting that you have started your own thread.I am sure things will work out well for you.

[Ell-enn]

Hi there, who told you that you'd need to pay £35 for a statement? Capstone should supply statements free of charge. When did you last get a statement from them?

 

You will need to prepare a statement for the court hearing, I can help you with that, but will need some information. I'll look out for you posting so we can get to work.

 

Ell-enn

[enoughisenough]

You're in good hands now uneverdid!!!

 

If they won't play ball (Capstone) you might be able to claim that you have an embarrassed defence and get it indefinitely adjourned pending their duty to supply you with full statement information.

 

God they're idiots sometimes. How's a judge going to look at this? The courts should start getting tough and awarding your costs against them.

 

Glad you are up and running with your own thread. Will be popping in regularly. In the (probably unlikely) event that any of my advice conflicts with Ell-en's, you should take Ell-ens.

[uneverdid]

Hi Ell-enn and EIE,

 

They claim that they send me regular statements but i can't remember the last time i received one.

All i need from them is a list of payments due, payments made and charges applied to the account. Is this too much to ask? I did pay £10 last year for SAR so i guess i could do this again but i'm not sure if i will get the paperwork in time.

 

My situation is that i'm a single parent with 2 dependent children. I am in full time employment and can afford the monthly payment due now especially since coming off fixed term with the libor rate being so low. I have offered £50 extra a month and will have paid jan,feb and hopefully march by the court date. My payment date is near the end of the month as fixed by the judge last year.

Do you think there is a chance that the judge may oppose the suspended repo order.

Do you need any further information Ell-enn to help with the statement.

I obviously don't want to post too much personal information on here because of who may be looking in.

 

Thanks again

[uneverdid]

Can anyone please advise me ???

 

Please

[enoughisenough]

Hi Uneverdid.

 

I'm surprised you are no further forward. I realise that this is very stressful but it is not insurmountable.

 

I distinctly remember not getting statements as well. That however was a while ago, and now have several (rather inconsistent) copies of a full statement of account. I also now keep a spreadsheet of their charges and this takes no time at all now though it was time consuming the beginning.

 

A number of questions will need to be asked here.

 

Just answer yes or no.

 

1. Have you now got a date for the hearing?

2. Is it at your local county court?

3. Have they issued the claim papers?

4. Have you filed a defence and income and expenditure on this claim. Is it the same claim number as last time or a new one? Have the filed claim of exercised liberty to restore?

5.Can you make up the missed payments before the hearing?

 

 

You will need to be vague. So just YES or NO please and we'll see where we need to go from there.

 

In the meantime please find my How to fight Capstone Post here:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2793085.html

5.

[rocket1]

Uneverdid

 

I just thought you looked a bit lonely and thought I would let you know I sympathise, but I am unsure whether I can advise.

 

But, it would seem to me that if you can maintain existing payments plus contribute to arrears, then you will certainly be allowed to remain in your house.

 

The problem is to get proper legal representation as it is not easy to do this yourself.

 

This is the problem we all have, me included - and it doesn't matter how clever you are, if you are not a lawyer, it is difficult. We all need lawyers but can't get them, it seems.

 

I am in a vaguely similar situation to you. I am a full time single dad with eleven year old boy - no mum. Today, I opened a letter with an eviction date of March 15th.

 

BUT, I can pay the current monthly payments via mortgage interest benefit as I am in receipts of benefits. It just hasn't been sorted out properly yet.

 

If I get evicted it would be a complete joke. Perhaps we could keep in touch and swop useful notes.

 

Here is the first bit of hopefully useful info from me. Go to court NOW and get the application forms for putting aside a possession (form N244, I think - the court staff will know).

 

This needs filling out and filing at court ASAP. Go to CAB - instantly - to get their involvement. It helps, a lot.

 

Doing all this on your own just doesn't work. (lawyers always employ another lawyer to deal with their own legal/court problems for the very reason).

 

ps. How do you manage to work with 2 kids ? Do you have help of some kind ? I am totally isolated - no help at all - and I have so far found it impossible to work. I have to say, I am totally desperate to change that though !

[Ell-enn]

Hi, apologies for taking so long to get back to you - I've had problems with my PC locking up and internet connection.

 

I understand the court date you have is for a restored hearing for possession? you don't have an eviction warrant? therefore you don't need an N244 form, you just need to lodge a statement at court before the hearing.

 

The first thing you need to do is to write to Capstone asking for an up to date statement - send by recorded delivery and keep a copy for yourself together with the recorded delivery slip. If you need help with the letter please let me know and I'll draft one for you.

 

You will also need to affix a budget sheet to the statement to show the judge your ability to make the payments you are offering. I have affixed a budget sheet to this post. When filling it in remember that the amount you are offering to pay towards the arrears 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 off 2 budget sheets to "practise" on one before completing the final copy.

 

Once you have completed the budget sheet and have a copy of the letter to Capstone (we need to affix that to the statement too) I can start to draft the statement for court.

 

Try not to worry too much, if you can show you are able to make payments towards the arrears each month you will not lose your home. The statement can be taken to court a week before the hearing so we have some time for Capstone to reply to your letter.

Budget Sheet.xls

[uneverdid]

Firstly hi all,

 

Rocket1, it is hard work being a mum and working but so worth it in lots of ways. I am fortunate that i only work term time so have no issues with holiday care etc keep looking and you will get your rewards.

 

Ell-enn

 

I have my statement and it roughly works out that £2400 is charges and £2800 is arrears that is 4 months missed at £590 and just over a month missed at £326.

Is there anything i can do to stop them getting a suspended repossession order i really obviously want to avoid this.

 

I have done an income and expenditure form which i have shown to have £72 left and i have offered £50 a month towards my arrears. I am really annoyed that even though i only missed 1 payment on my last arrangement then continued to pay both jan and feb at the pre arranged amount i have been charged £115 each month, and prob Mar by now as well. So in reality even though i paid £100 off my arrears i have in fact added another £130 onto my arrears. They are still insistent that they are claiming i am in arrears by £5000+ even saying that they can lump together arrears and charges on the court claim.

 

I think i will be ok doing a statement if you could just give me the things i definitely need to include in this.

 

Thanks again for all your wonderful support.

[Ell-enn]

Hi there, I have affixed a draft statement for you to fill in the details where necessary ( where there are xxx's). I have assumed the mortgage is in your name only?

 

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 except it will be Appendix 2.

 

The statement and appendices form the pack you need to hand into the court - take a photocopy of it all so you have a set to refer to in the hearing.

 

I have also affixed explanation of the Norgan case law quoted in the statement - it is just for you to read, not to be handed into court. This case law gives the judge the power to refuse possession to the lender dependent on you being able to make monthly payments towards the arrears.

 

Hope this helps, shout if you have any questions.

 

Ell

Statement Template.doc

Cheltenham & Gloucester v Norgan.doc

[ryde]

Firstly hi all,

 

Rocket1, it is hard work being a mum and working but so worth it in lots of ways. I am fortunate that i only work term time so have no issues with holiday care etc keep looking and you will get your rewards.

 

Ell-enn

 

I have my statement and it roughly works out that £2400 is charges and £2800 is arrears that is 4 months missed at £590 and just over a month missed at £326.

Is there anything i can do to stop them getting a suspended repossession order i really obviously want to avoid this.

 

I have done an income and expenditure form which i have shown to have £72 left and i have offered £50 a month towards my arrears. I am really annoyed that even though i only missed 1 payment on my last arrangement then continued to pay both jan and feb at the pre arranged amount i have been charged £115 each month, and prob Mar by now as well. So in reality even though i paid £100 off my arrears i have in fact added another £130 onto my arrears. They are still insistent that they are claiming i am in arrears by £5000+ even saying that they can lump together arrears and charges on the court claim.

 

I think i will be ok doing a statement if you could just give me the things i definitely need to include in this.

 

Thanks again for all your wonderful support.

 

UNEVERDID

You must challenge them to produce and justify the true arrears figure at the hearing.This has been done before and been successful as in ell-enns statement template above..The judge in the last case told them to sort the proper figure out and would not give a suspended repo.

Also try your best to get cab,local law centre or anyone to speak for you to relieve the burden as crapstone pointed out on the other thread.

YOU MAY BE ABLE TO AVOID THE SUSPENDED REPO IF YOU DO THIS.

I WILL TRY AND POST GWENS ARGUMENTS THAT LED TO HER SUCCESSFUL AVOIDANCE OF THE SAME.

Edited March 4, 2010 by ryde

[uneverdid]

Hi i have done the statement, however if at all possible i don't want to agree to let them suspend the respossession. I want the case adjourned whilst they sort out the figures. IS THIS POSSIBLE ???

 

Incidently the property has been on the market since oct 2008 with no joy, as it stands at the moment i will just about break even with solicitors fees and estate agency fees if it sells for what it is on the market for.

 

Should i mention this to the judge that i have felt it necessary to put the house on the market due to the pressure and strain of capstone harrassing me all the time.

 

I have also misplaced the letter from capstone informing me that they will suspend the repossession if an agreement is arranged. How vital is it that i have this letter with me on the day.

 

Thanks for all your continued support

[Ell-enn]

You might (and only might) get the hearing adjourned if you can give the judge evidence that the arrears figure the lender is claiming is wrong - I've known judges adjourn a hearing while the lender brings the correct figures to the court - but it will all depend on the judge on the day.

 

Did you write to Capstone asking for a statement as suggested in a previous post? or do you already have a statement showing charges?