Capstone/Preferred/SPML

[uneverdid]

Hi Ell-enn,

 

No strangely enough a statement appeared on my doormat which details all the charged and payments made on the account.

 

However there are some amounts that im unsure about

 

ie. my monthly payment was some months £352 when i came off fixed rate and the libor went down, but the payment due is showing as anywhere between £365 and £392 so when i actually thought i was paying £50 off my arrears i wasn't. When i queried this last year capstone repeatedly said over the phone that they could not see this on their screens so did not understand what i was on about.

 

Should i bring this up in court also the amount the solicitors are claiming on their paperwork doesnt even equate to the total amount due as per capstone statements. It is less but it does not represent the total claimed by capstone less the charges which i though it may do. (hope this makes sense).

Looking right back to my mortgage offer i have also noticed that the photographs the surveryor sent in were not even of my property so not sure if i can do anything about this - clutching at straws now maybe.

 

Another thing is my original account number has magically changed over time and capstone now use the same one but with some digits before and after it.

 

So i have my statement letter, my I and E, and a copy of capstones statement highlighted all the charges and totalled them up and minused them off the amount capstone are claiming i owe. Is this correct. Is it necessary to send them to the court before the date or can i turn up with them on the day.

 

Thankyou

[Ell-enn]

You should insert the following paragraph into your statement as a new bullet point (probably after the para where you make your offer of payment).

 

"I wish to bring to the court's attention that I am unable to reconcile the arrears figure the Claimant pleads, as arrears charges have been added to the arrears thus making the situation look more severe. The true arrears are circa £XXXXX. Please see affixed statement, Appendix ? "

 

Give the statement an appendix number in the same way as your budget sheet.

 

Affix the statement, budget sheet and any other appendices together and then take a photocopy of it all. Take one set to court this week and keep the other set for yourself to refer to in the hearing.

[ryde]

uneverdid

THIS WAS A RECENT SUCCESSFUL DEFENCE AGAINST A SUSPENDED REPO.

If you follow the users name back you can see how it evolved.

Hi all,

Thanks for all your support - it helped me get through today!

 

It went well. They were represented by a local solicitor who was completely uninformed and was just interested in getting a suspended order.

 

The Judge was reasonable - the usual didn't want to make any decision he didn't have to. He said that he could not take the pre-action protocol into consideration as the original claim was before it came into force, and although he was very interested in the FSA investigation in GMA-RFC, he said he couldn't take it into consideration as there was no concrete info relating it to Capstone/SPML.

 

But the seeds of doubt were sown and he said he was very unhappy that they had created a lot of the problem because of them not providing information or corresponding with us.

 

They tried to push for the suspended order, but he said he couldn't grant it as it was too serious a matter to put in their hands when they had shown that their practices were not up to scratch (basically not unless they put their house in order - fat chance). So he has adjourned it generally with liberty to restore to enable us to show that we can make the repayments and advised them to sort out the arrears figure (ie. get rid of charges).

 

He has told us that if we get to the point where we have paid off the arrears we agree are legitimate, and the FSA has not announced a result of any investigation and SPML have not come up with a more acceptable figure, then to ask the court to list it again and he will look at whether the charges are legitimate. Basically he made it very clear to them that he expected them to sort it out of their own accord to prevent him having to do so.

 

So we now just have to make the repayments which isn't a problem and hope that the FSA come up with a result in the next few months, so that we don't have to go back and fight it out again.

 

Thanks again for everyone's help and good wishes and if I can help anyone else, please ask.:-)

Guineverewithattitude

Basic Account Holder

Just click on the name and you will see how the case evolved from start to end its not many posts.

If she can do it,you can do it,might even be worthwhile sending her a pm.

 

posted 15/02/10 on main spml thread

The underlined passages are what you both had in common ie lack of info from the lender and the true arrears figure.

Edited March 9, 2010 by ryde

[uneverdid]

Hi Ryde,

 

Thanks for that last message. I have just spent about 2 hours trying to make sense of all the figures. I have totalled up all the payments due less all the payments made added all the charges on and yet there is still a huge discrepency of around £800.

I have roughly accounted for this amount in the fact that as i stated earlier i have letters from when the libor rates have changed stating eg your monthly payment due is now £320, however on my statement it states that interest due for that month is £360 (rough amounts) but you see what i mean.

 

So when i have thought that my £50 has been reducing my arrears it hasn't.

How should i deal with this in court i'm aware that i am cutting it fine timewise but i really want to give this my best shot.

I have thankfully found the letter stating that they will not oppose the suspended order if i have been maintaining regular payments, i missed Dec payment due to a close family member suddenly going into complete kidney failure and i had to have some unpaid time off work. I have paid since jan, feb the cmi plus £50.

I am beginning to become afraid now that the judge won't accept this and may even issue a straight repossession order. I know the threads on here pretty much tell the story that this won't happen but i can't help worrying.

 

Thanks all for your continued support

[Ell-enn]

Hi, did you insert the paragraph I posted earlier? you need to get the statement and appendices to the court this week.

 

I'm sure your case will be OK. Remember to affix the letter from the lender stating they won't oppose suspension.

 

Ell

[ryde]

UNEVERDID

you should be ok, as I have said any help in court will lift the burden and calm the nerves so CAB ,duty solicitor any help will help you,I've been there.

The worst you can get is a suspended repo and you have the letter which is great.

What you have to try and get over is the doubt about the true arrears figure and large unspecified and unexplained charges being continually added to your account causing difficulty in reducing the arrears..

Submit your own calculations and say the lender will not cooperate with you in arriving at a true arrears figure.That may get you a good response if you can cast enough doubt in the judges mind..

I know you are nervous so get it down in writing in easily understandable bullet points then run the whole thing past Ell-enn.

[uneverdid]

Hi Ell-enn and Ryde,

 

Yes Ell-enn i have inserted the paragraph thankyou

 

I am taking it to court on Friday to hand in.

 

So can i just clarify i am taking in

 

Income and Exp form

My statement

Copy of letter saying they will not oppose a suspended repo

Copy of their statement with all their charges highlighted

 

Phew roll on next Wednesday so i can find out my fate

[Ell-enn]

Don't forget to keep a photocopy of it all for yourself to refer to in the hearingl

[ryde]

uneverdid

You've taken all the right steps am personally confident you will be ok.

[ryde]

Uneverdid

One final thing as you seem all ready to go now.A common theme running through all the successes lately is that everyone has instigated a complaint against their lender over unfair charges which then is dealt with by the fos .Apparently whilst there is an ongoing dispute which is or will fall under the jurisdiction of the fos,courts on a whole seem to prefer to wait for the fos decision in order that the true arrears figure can be established.

I think if you haven,t already it would be a really good move to start an fos complaint this weekend and then tell the court this at the hearing and that you are waiting for your complaint to be resolved so that your true arreas figure can be established,you need to fight the suspended repo which you don't want and this is really good ammunition.

[uneverdid]

Hi sorting through my paperwork today, i found my original agreement which stated what my monthly payments would be for the first 2 years. Looking on my statements there were only 3 months that the interest amount due actually matched this the rest of the time the amount due was showing between a few pounds and up to £50 more.

Should i bring this up in court ?????

[ryde]

WERE YOU ON A FIXED RATE FOR 2 YEARS? IF SO HOW MUCH DOES THE DIFFERENCE ADD UP TO?

It is worth mentioning this in court as it is impossible to reach a repayment schedule when the true arrears figure has not been established'.This sounds like another example of them getting it wrong.

Important don't forget to instigate an FOS complaint say you have taken advice on how to rclaim charges that have been unfairly added to your mortgage account.

[JonCris]

News - SECURITISATION IS 100% ILLEGAL UNDER U.S. LEGISLATION

 

AND British apparently

 

Perhaps it’s these chaps we need

- About the Editor, Author and Publisher: Christopher Story FRSA

[uneverdid]

Hi yes i was on a fixed rate for two years then it went to libor plus 3.3% which is good for me at the moment.

 

It adds up to about £500 so like i have said previously the £50 i thought i was paying towards the arrears has actually some months gone to the actual interest due !!!!

 

I just hope the judge gives me the time to discuss these issues on Wednesday.

 

I can't thank everyone enough for their continued support.

[ryde]

copy of ell enns template statement

Claim No: XXXXX

In the XXX town XXX Court

 

Between

 

XXXX correct name of lender XXXX (Claimant)

 

And

 

XXXX your name XXXX (Defendant)

 

Statement

 

I respectfully request that the court to consider the following when hearing the above case:

 

l Arrears on the account have occurred due to (you will need to explain ).

 

l I am now able to offer payments of ｣xxx per month towards the arrears in addition to the normal monthly installment.

 

Please see income and expenditure statement – Appendix 1, affixed.

 

Recent payments have been made as follows:

 

Date... ｣xxxx

Date ｣xxxx

 

l I wish to bring to the court's attention that I am unable to reconcile the arrears figure that the Claimant pleads, as arrears charges have been added to the total payments missed. The true arrears are therefore ｣xxxx. Please see account statement – Appendix 2 affixed.

 

l I respectfully request that the court consider the case of Cheltenham and Gloucester v Norgan and S.36 of the Administration of Justice Act 1970.

 

l There are XXX dependent children resident in the property.

 

l I assure the court that I am committed to clearing the arrears and respectfully ask that possession is suspended in order for me to provide a stable home for my children and also to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate.

 

I believe the above to be true and factual.

 

 

 

Signed............................................................... Date........................................

 

uneverdid

Having just had a look at Ell-ens statement template the last paragraph highlighted in bold is asking that possession is suspended! or at least that is how the court may interpret this.

 

In my opinion it should be that the proceedings should be suspended pending the establishment of the true arrears figure.

 

You want to try and avoid this,you don't want a suspended repossession order this is what capstone want and you need to oppose it,I assume you have submitted the statement now.

 

1)What you need to ask the court for is a proper statement of arrears on your account so that you can come to a proper agreement with your lender ,they have so far failed to consolidate a true figure evidence of this is that even their solicitors figure is different from capstones figure..

 

2)You want the court to suspend any repossessions proceedings whilst the true arrears figure is established,make this quite clear.

3)You have instigated a complaint with the lender for determination of the true arrears figure because there was a failure of the lender to adhere to the 2 year fixed rate and corresponding set payment figure and additional unknown and unexplained amounts and charges were added to your mortgage account which despite your requests to the lender for clarification have remained unexplained, if necessary unless a satisfactory answer is given you intend to progress this complaint to the FOS for their determination and this is the first step in this procedure.

 

4)You wish to ask the court to order the lender to sort this situation out as these proceedings were wrongly premised in the first place, they applied for liberty to restore the adjourned proceedings after the previous date for restoration set by the court had expired and have not responded appropriately to your enquiries relating to the true arrears figures.

 

eie

your opinion?

I think a suspended repo could and should be avoided in this situation on these grounds.?

A suspended repo is only one step from eviction.

Edited March 15, 2010 by ryde

[enoughisenough]

Absolutely. Suspended repos to be avoided at all costs. They are but a mere prelude to the real deal and not a fair compromise. Why should they get this when their dodgy and unlawful charges are all over your statement of account. A suspended order is a possession order albeit suspended. They should be slung out of court for making a falsely stated claim. Barstewards. The suspended order means they can go for eviction without further notice and the feckers don't even have to prove a breach on your part. They just scream breach and the useless court says ok evict. Repeat suspended orders to be avoided at all costs. Ask for set aside ( preferably) or suspended generally with liberty to restore. A suspended order makes it sooo much easier for the **** to get the real deal usually within 3 months. If that's what they're after you can bet it's not in your interests. If this form has already gone in ( i suspect it has) you can still make the argument. Never assume you've won or at least drawn with a suspended repo. You haven't. Try to get the claim set aside.

[uneverdid]

Hi all,

 

The plot thickens when i recently phoned them about the £115 a month charge it appears they actioned this through as a complaint.

I get home today and a letter has been sent saying that they dealt with this complaint in August, they enclosed a letter of their findings all of course in their favour.They gave me the option of persuing the matter with the FOS but i was in such a state at the time that i didnt - silly i know - of course the 6 months time limit has now expired so i cannot do anything about that. However my latest query was about the £115 applied to my account in jan,feb and now March of this year. They also enclosed a tariff of charges etc and another typed copy of my statement but this time showing that the amount due was the same as on my original contract. However they are saying that i did not make a payment last August 2009, i clearly did and on the usual statements that we get it shows as being paid as it does on my bank statement.

I just don't know which way to turn with this. If i turn up at court on Wednesday with all this additional information is the judge not going to say too late.

When i have the interview with capstones rep before we go into court what should i say to him/her. How much do i save until actually before the judge.

 

Help please

[enoughisenough]

Hi Uneverdid

 

Obviously the pressure is mounting but try to stay calm and focused. We have all been there.

 

1. Because this £115 charge continues to be applied you have many further opportunities to have them all assessed. However that is not your priority now. It's not unreasonable to say that these charges have been heavily criticised by the FSA, that they are in the process of banning them and that you have logged this as a complaint with the FOS. If you do that on line they will give you a reference number that you can then quote. In any case 12.3 of the UTCCRs gives the judge a discretion to place an injunction against the charges. Ask him\her to use that discretion.

 

2. I think you are entitled to raise whatever you wish. Obviously it's in the judge's discretion what to admit.

 

3. The desperate wanabee representing them will be totally unprepared and Judges have been known to lose it with this type. Tell him /or her as little or as much as you want. I once handed the sol a 2 page argument against the Unfair terms and he was back and forth on the phone completely rattled. Lost his thread totally.

 

4. Cast doubt on the accuracy of their claim. The figures are wrong. You can't remedy the breach where they keep diverting sums paid over those due to charges most likely to be unlawful. Sums paid over never go to the arrears with this lot. They just keep piling up the charges.

 

5. A falsely stated claim and falsely alleged non payments should be sufficient for a set aside. Give the judge the opportunity to tell them to go away and come back with a claim that is accurate and to stop wasting the court's resources and time with false particulars of claim.

 

Challenge their figures. Challenge their conduct.

 

Good luck. We are with you.

[ryde]

uneverdid

please take in eie's advice and challenge their figures.

Rather than get confused yourself with all the myriad charges just use this fact as evidence and just one example, which you have stated above and can show the appropriate paperwork .It simply shows that their figures are totally untrustworthy.

"However they are saying that i did not make a payment last August 2009, I clearly did and on the usual statements that we get it shows as being paid as it does on my bank statement."

Its enough you see to cast doubt in the judge's eyes and is a good example with written evidence.

If you can get anyone such as CAB or duty solicitor to help or/and speak for you it will calm your nerves greatly.

Remember the worst you could come away with really is a suspended repo which they've agreed to.

But don't agree anything with them outside the court or in.

You really don,t want this,look at what theyve done already with the August payment.If they try that on again with a suspended repo on the property and get away with it,thats eviction.

Resist a suspended repo at all costs and tell them to come back when they get their figures right.

Edited March 15, 2010 by ryde

[uneverdid]

Hi well today is the day,

 

I will report back this evening with the outcome.

 

I just wish it had been this morning so i could get it over with, i am already feeling sick at the thought of going into the court.

 

Aaaarrrgggggggghhhhhhh

[enoughisenough]

Ok uneverdid. I take it that it's later on today? Just make sure that you have a list of points you want to make and a folder of evidence for the judge to look at. Try to remain as calm and focused as you can in the circumstances.

 

1 claim should be set aside or suspended generally with liberty to restore. Claim is falsely premised. Material inaccuracies on level of alleged arrears.

 

2. Claim is part comprised of charges estimated at xxxxx against xxxxxclaimed. Charges should not be added to statement of arrears or claim. Charges held to be unfair by the FSA OFT and the TSC. Also lord myners. Gmac rfc recently fined 2.7m and ordetred to pay 7.7m compensation for levying charges to 46000 consumers some of whom prematurely repossesed. Claimant's claim not only falsely premised but unlawfully so. Court invited to consider set aside or suspension generally with liberty to restore whilst a genuine schedule of arrears is supplied to the court.

 

3. Defendant has attempted several times in vain to receive a true statement of account. There has been a failure to supply such and thus the defendants defence is embarrassed ( this is a technical term meaning they didn't cooperate, you can't particularise the charges as a result of their non cooperation and it should be thrown out until such a time as they come up with the goodies - the judge will know what you mean but be prepared as he/she may ask). Claim is materially inaccurate and misleading. Claim also consists of falsely alleged missed payments. e.g August. Take your statement!!!! !

Justice and the overriding objective hold that proceedings be fair to both parties

 

4. Court to consider using its discretion under 12.3 of the UTCCRS and placing an injunction on past and future charges. Court to order that claimant fully & properly particularise before proceedings be commenced. Once genuine arrears established court to consider applying the principles established in Norgan 1995

 

5. Claimant has not observed the last resort requirement of the CJC pre action protocols. Possession not a remedy of last resort.

 

6. Genuinely stated breaches by the defendant and the arrears once correctly established, are capable of remedy, providing the claimant and the defendant come to a performing arrangement and the claimant does not breach this as is commonplace by allocating future overpayments to unlawful charging regimes rather than the arrears.

 

Hope that helps unverdid. Give me a shout if stuck with any of this. Stay calm and good luck. EiE.

Edited March 17, 2010 by enoughisenough

[Guest MamaG1]

I am in a very dissy position now with SPML.

 

They have re-possed a house that was sold to me, but the mortgage was a mis sold mrtgage, which I tried all my best to tell SPML and the broker when this all initially happened, no one listened, I carried on trying to make payments until I couldnt any more they took me to court and fixed a re--possesion date, I then liaised with them and returned the keys to them by recorded delivery for the day of the repossesion.

I spoke to them and they then confirmed they have the keys.

 

They went quite on me and then suddenly 3 .5 years later they are suddenly chasing me for £100k. and have now sent a debt collector after me in my other house that I own ( direct legal collections wrote me stating I owe the above.) and they want payment immediately.

This is ludicrous!!. I am really scared I am going to loose my home. what can I do please can some one pls advise me.

 

I have written them a letter asking them to provide further details and contract of thier inquiry, is this is best way to go by this.

 

I alao intend to write the broker and or lender on the Mortgage miselling issue.

 

Please advise.

[enoughisenough]

YOU MUST INVOLVE THE FINANCIAL OMBUDSMAN SERVICE.

 

You have been far too cooperative with the **** and now they have rolled you over. Give an inch, be nice and they will hammer you.

 

You must start your own thread. Click Mortgages and secured loans at the top of the page. The scroll right down to the bottom and you will see start new thread. Call it something Like. Repoed by SPML- Now Being chased For 100K

[margaret williams]

With regards to re possessionaction, please make sure that you contact your local council re: mortgage rescue package. They or CAB can arrange legal representation if you are eligible.

The plot thickens with regards SPML/Eurosail, both being declared insolvent. Capstone are service providers. not registered mortgage comapnies. In our case, arrears built up when Lehmans owned SPML, because neither SPML nor Capstone would explain who Euro sail were. I now know that SPML was re branded Eurosailm, but continued to use the SPML brand as Eurosail etc is not a registered mortgage company.

Likewise the suspended re possession order was taken out when Lehmans owned SPML.

When Braclays bought Lehman Bros assets, they bought the mortgage, not the arrears, those are owed to the Lehman Bros administrators. Therefore, SPML have been collecting arrears illegally from us since the collapse of Lehmans. Also they acted illegally by taking us to court for a review of the arrear,Sept 2009, which resulted in the payments towards the arrears being increased. I have compiled a report, not just relating to SPML, but the whole sub primemortgage and finance farce, and have sent the first copy to Vince Cable (my husband is a Lib dem councillor) Copies are also going to the FSA and FOS, and Barclays.

The last misive that I got re repayment rates, came with a Capstone heading,not SPML, making me suspect that the company is defunct. So the next question is, where does it leave mortgage holders, especially those with assets in the property? And, what about Building's Insurance? these are twq questions I will be putting in a letter to the Chief Executive of Barclays Bank. In additio, I will want to know why payments are not being processed when I present them at Braclays Bank. we have a payment book and the name on the giros is not SPML, it is London Corporate Banking. Something vert fishy is going on.

With regards charges, the complaint needs to be made to the FSA. The FOS just act as arbitors (and take ages)., negotiating between the lender and borrower. If SPML is indeed defunct, them there is no one to negotiate with!

[margaret williams]

I am in a very dissy position now with SPML.

 

They have re-possed a house that was sold to me, but the mortgage was a mis sold mrtgage, which I tried all my best to tell SPML and the broker when this all initially happened, no one listened, I carried on trying to make payments until I couldnt any more they took me to court and fixed a re--possesion date, I then liaised with them and returned the keys to them by recorded delivery for the day of the repossesion.

I spoke to them and they then confirmed they have the keys.

 

They went quite on me and then suddenly 3 .5 years later they are suddenly chasing me for £100k. and have now sent a debt collector after me in my other house that I own ( direct legal collections wrote me stating I owe the above.) and they want payment immediately.

This is ludicrous!!. I am really scared I am going to loose my home. what can I do please can some one pls advise me.

 

I have written them a letter asking them to provide further details and contract of thier inquiry, is this is best way to go by this.

 

I alao intend to write the broker and or lender on the Mortgage miselling issue.

 

Please advise.

According to Trading Standards, or whatever they are called now, under no circumstances do you open your door to debt collectors. SPML have committed a criminal offence under the relevant Act, I think it is the Consumer Credit Act 1970 (googl it and you will get the correct date). If debt companies threaten to send a doorstep collector, I inform them that if they do so, I will call the police.

With regards re-possession hearings, you do not liase with the company;s solicitors, who lie anyway. You contact CAB before the hearing. You then have a right to appeal.

SPML can not chase you for a purported £100k, that is illegal. 3.5 years ago , SPML was owned by Lehman Bros, and any sebts are owed to their administrators, not SPML/Barclays

Go straight to CAB as they are on the case. CAB have asked me to request all documents from SPML, so that they can look at them. They know what is going on.

Don't be frightened, there is help out there.