stefaniex and capstone

[slgsue]

I think you need to do exactly what ell tells you and you will be fine, the woman is a saint! The really important thing to remember is that the minute you breach a court order they will jump at the opportunity to take back control and if at all possible your home! Send the letter, await their response, make that payment on the 28th and if necessary apply for another N244. If they refuse to change the date and a court can see you regularly pay on that date I believe you will be fine. xx

[stefaniex]

Thank you so much ellen ... Maybe thats where i went wrong wen i wrote to them at the beg of dec i should know by now to send letters recorded delivery x

[Ell-enn]

Send these letters by Special Delivery if you can afford it - if posted tomorrow they will get them Thursday.

[stefaniex]

Will do and il keep you updated x

[newstarter]

Hi Stef i have read your thread,things have not been easy have they ? your original repo hearing in September last year resulted in an order to pay 800 plus an extra 300 towards the arrears which were at that time 20,000 By the 2nd of July of this year you had defaulted on the arrears payments by 1300 and this is the point where Capstones threaten eviction,i see you could not make payments untill the 15th July.Capstones meanwhile are charging you 115 per month and adding that to your arrears ,i would imagine that this charge has been added because the account is in arrears.Capstones also inform you at this time that you are 23 payments behind,however i did some maths and i had your arrears charges up until this date as being 4,600 without the court costs which i guess is in line with what you have.On the 23 July Capstones finally decide to alter your payment date to the end of each month,at this point you seem to have cleared the outstanding 1300 and appear to be up to date apart from the 300 they took off your payments for buildings insurance.

Your erratic payment history is due to the fact that your contract payments were not recieved until the 26th of each month,this had the effect of putting you at a dissadvantage with regard to payments almost every month,i also note that ELL-en advised you to ask the F.O.S to intervene if they didnt change that payment date.

 

On the 17th of October you recieve the eviction order for the 9th of November,ELL-enn helps you with your defence,at the same time Capstones ring you daily asking you to increase your 4-5k offer of lump sum which you cannot do.Finally the eviction order is suspended,the judge orders that 800+300 arrears=1100 per month +1 payment of 800,both of which you have not paid yet so technically you are in breach of the judges order,the charges are now 5000+ total arrears 16,600,the true figure should according to my reckoning should be around 11k which means that since September last year you have paid 9k but this wouldnt read like that on paper because the arrears have not been refunded (yet)Thus since last years your average arrears payment was 750 per month yet because of the arrears charge of 115 plus the fact your payments have been erratic this has not been highlighted in any paperwork,However this new action by Capstones is serious because they can quite rightly argue that you have once again defaulted,and just weeks after suspended court action.

[stefaniex]

great post and all very accurate only i did pay the 800 the judge asked me to pay so its only the dec payment missing x

[newstarter]

Now,Capstones are an offshoot of an investment bank,there are a small number of these so called lenders and believe me they sepecialise in repossession,it is their first port of call not their last.They activley place borrowers accounts into arrears in a number of ways,the favourite is to take out the buldings and contents insurance,from your monthly payments which put the borrowers account in arrears and then drag them through the courts to try and repossess and its a tactic thats worked for them time after time.Another tactic is charge monthly fees to accounts in arrears,add those fees to arrears which artificially inflates the arrears figure justyfying court action,in other words companies like these are trying to shorten their mortgage book and in doing so reduce their liabilites,and in your case steph regarding your property you seem to be giving them a helping hand.Remember this is no high st lender affiliated to the mortgage council of lenders,these are out take your home off you any which way they can.That said even the most understanding of lenders would be twitching at arrears of over 10k.As you have discovered these sharks are just waiting in the wings to serve an eviction notice at the first chance they get for reasons already mentioned.Your not on your own in this regard its happening ,and has happend to hundreds of borrowers unfortunate enough to be tied to this type of lender.

[stefaniex]

thanks for putting my mind at rest before bedtime ... looks like another sleepless nite x

[newstarter]

Im not having a go here steph im probably just telling you what you already know and i dont want to see another person fed to wolves by these sharks.I suspect here that you have done a lot of worrying and panicking as Capstones have made their threats ,asked for lump sums you cannot afford,dragged you through the courts and generally made your life a misery at times,what you need to do here is stand back,take a deep breath and look at this situation and take your time with this,dont go panicking and running around like a headless chicken,i see ELL-enn has s,aid they wouldnt get a slot till the new year and your always in my opinion best to wait untill you get the eviction notice before you N244 so you know you have a few weeks yet to think everything through and get your defence in place,and paprwork completed.There,s an old saying "know thyne enemy",if you know them and know how they work you can beat them.

 

I see this latest action by Capstone as both vexacious and spiteful,so i would start by sending them a S.A.R request asking for every scrap of information they have on you and your acount

 

statements

 

letters

 

copies of court documents

 

copy of mortgage contract

 

transcrips of phone calls

 

in fact all corespondence.

including copies of the deeds.

 

This will cost you a tenner but is well worth it,it will be the best 10 pound you have ever spent and you may find more than you bargained for.

[newstarter]

To be honest your main problem has not been the ability to pay, as much as the ability of when to pay and this is down to Capstones longwinded approach to changing your payment date from the beginning of the month to the end of the month when its more convenient for you,ELL-enn was spot on when she said this is one of the area,s lenders should look at under pre-action protocols to ease the burden on borrowers,so i would make this a central part of my defence,and ask for this date to be changed if not before the hearing,at the hearing,because this seems to be the area that has caused you so many problems.Then i would go on to the arrears charges added to the account which we already know run into thousands and moreover the fact that these charges have been added to your arrears (a big no no) stating some of which i have already mentioned above.I would then move on to the fact that all reasonable offers by yourself regarding paying off the arrears have been dismissed without so much as a second thought by your lender.

There are 3 big hitters there that should form your defence and points you should make in court.For the moment just keep paying the amount you are supposed to pay under the order,if its a few days late dont worry because that will back up your argument that you need your payment date changing,Whatever you do ,do not be bullied into making a lump sum payment on the promise of any action by Capstones being dropped.I think you will be okay and if you can illustrate that over the past 12 months you have paid off 9k of arrears even though your lender has made life difficult for you at every turn then you should be okay,get a payment date set that you feel comfortable with and claim back those charges and im sure you will be fine.

[stefaniex]

morning newsstarter thanx for your replies .. all letters ready to go .. now about those S.A.R requests and arrears charges letters ive got them both printed off but isnt it going to rile

capstone up even more ?

[Ell-enn]

Hi Stef, have you got a mortgage SAR letter? I have affixed one to this post. Please remember to send all by recorded delivery and keep copies for yourself.

Mortgage SAR.doc

[stefaniex]

thanks ellen ... as for my question ealier willthis not rile capstone up even more ?

[newstarter]

Ah fantastic !! Ell-en has sent you the letters you need to put in the post today A.S.A.P ,as Ell-enn says keep copies for you own records ,build up your own dossier,put all your correspondence in order,that way if you get the usual threat letters you can reach for any paperwork you need and get on to it straight away,in short back up what Ell-en is doing and her paperwork with some of your own,yes they will be riled but that is really what your after,by taking control yourself rather than letting Capstones lead the way you put them on the back foot.I suspect after reading through your thread that you have tried to bend over backwards for these sharks,that you have had in mind whats best for you but because they have always moved the goal-posts and been awkward to boot you have had to swop and change your plans for repaying what you owe to such an extent that at times i get the feeling you didnt know wether you were coming or going.You need a fixed plan,one that you can comfortably afford on a day that you can pay it,which then puts your mind at rest and also leaves Capstones with no option but to conform to the court order,one by one close down the avenues capstones are using to continue with further court action,until there are no options open to them and they have little choice but to accept your mortgage and its terms and conditions. Dont help them to do the very thing they are experts at,repossessing another home.

[Ell-enn]

Well the judge told you to complain about the charges didn't he? let them get riled with him !

[stefaniex]

so true ellen he did .... ok all letters gone .. letter to capstone about payment date change ,S A R letter and the letter asking for the arrears charges ...oh they are gooing to

love me tomorow .. no chance of them cancelling the eviction now lol x

[roxy2010]

Hi Stefaniex

Be very careful with these people my partner and I were evicted by this **** in August and we didnt have half the arrears you have. They did the same with us put loads of charges on the account. Asked us to pay ridiculous amounts back to them even though they knew we couldnt afford it. They even rang us on the date of the eviction asking us to make an offer the amount they wanted was unbelievable. Our home has now been sold for £27000 less than what we paid for it. If you get a good judge then your fine unfortunately we didnt he was on there side. They will try to repossess you at any cost. Good luck you will need it.

[stefaniex]

hi all .. just to keep you updated .. no date yet although i have had many calls from capstone or watever their name is now

they have asked me to send proof of postage of the letter i sent them asking for payment date to be changed , i told them id show it to the judge

anyway dec payment made and will pay january on the 28 th x

il keep you posted xx

[Ell-enn]

Ok, that's good - making the payments will certainly help your case if you have to go to court.

[stefaniex]

oh they wont back down ... lump sum or eviction ... i told them if they are going to evict me every time im a week late with the payment they are welcome to my house x

they didnt like that !

[jas1304]

'subbing' - please ignore this post

[stefaniex]

Wat does subbing mean ? X

[Ell-enn]

It means that they have subscribed to the thread so they can follow what's happening as they may also be having the same problems.

[stefaniex]

Thank you x

[stefaniex]

hi all ... just a quick query , i still havent got an eviction date from the court .. capstone keep calling asking me to make a lump sum offer but i always refuse , i will be notified wont i?

they wont just turn up one day and evict me ?