Capstone Eviction

[roxy2010]

:-xI have a suspended repossession order with Capstone Mortgage Services. They are now trying to evict us even though I have offered to pay £2620 before the eviction date I have made three proposals of payment all of which have been rejected. I am getting really frightened now as I keep thinking I am going to go home and all the locks will have been changed. We have no eviction date yet will I be able to apply to the court to have the order put aside. My partner was made unemployed last March and I have had to pay the mortgage on my own I even took on an extra job at night just to help us out. My partner will be starting employment this July but the mortgage company dont want to know can anyone help?

[**Tilly**]

:-xI have a suspended repossession order with Capstone Mortgage Services. They are now trying to evict us even though I have offered to pay £2620 before the eviction date I have made three proposals of payment all of which have been rejected. I am getting really frightened now as I keep thinking I am going to go home and all the locks will have been changed. We have no eviction date yet will I be able to apply to the court to have the order put aside. My partner was made unemployed last March and I have had to pay the mortgage on my own I even took on an extra job at night just to help us out. My partner will be starting employment this July but the mortgage company dont want to know can anyone help?

 

Hi Roxy

welcome to cag

 

If you start your own thread you will get all the help you need

Hit the new thread button that way your posts won't get lost.

[Killerschick]

:-xI have a suspended repossession order with Capstone Mortgage Services. They are now trying to evict us even though I have offered to pay £2620 before the eviction date I have made three proposals of payment all of which have been rejected. I am getting really frightened now as I keep thinking I am going to go home and all the locks will have been changed. We have no eviction date yet will I be able to apply to the court to have the order put aside. My partner was made unemployed last March and I have had to pay the mortgage on my own I even took on an extra job at night just to help us out. My partner will be starting employment this July but the mortgage company dont want to know can anyone help?

 

Hi Roxy,

 

As Tilly says, it's best to start your own thread but just to reassure you that the mortgage company need to apply to court for a warrant of possession (this is a bailiff's appointment or eviction date) so you should not arrive home to find the locks changed. You will also be able to apply to court to suspend the warrant if you have proposals for clearing the arrears or if you don't have proposals you can just apply for more time but that would be at the discretion of the judge and only likely to be granted if there's plenty of equity.

 

It would be useful to know where things are at the moment - has there been a possession order granted? did you breach the terms of the order? can you afford the mortgage payments now? will you be able to afford the mortgage payments plus something towards arrears from July?

 

There are plenty of people here to help:)

 

KC

[caro]

I've moved your post and replies to your own thread Roxy.

 

The more info you can provide the better.

[roxy2010]

Hi Tilly

 

Thanks for replying to me. I am putting an application to the court today and putting my grounds forward. The only thing I can do is keep my fingers crossed and pray. Th other thing I wanted to say is when I made my proposals of payment to Capstone the second proposal I made they said that the proposal would be put to a manager when they came back to me they told me that the auditors had refused my payment. Regarding payments I have kept to the order till February of this year as had to pay for work doing on the house the payment proposal I made would bring my account back up to date but they have refused three so far. I am really scared as I think it will be bad news as bad luck is what we have had since we bought this house.

[cerberusalert]

Two threads merged.

[caro]

Have the offers and refusals of payments been in writing? If they won't accept the money now, then keep the money in an account so that you can offer the payment in court to prove that you are willing to pay.

 

It won't look good for them if they refuse.

 

I can't think for the life of me what auditors would have to do with accepting money.

[roxy2010]

They have not put anything in writing the last offer I made they have not even responded to it. I am taking my application down to the court today with my defence. Have I not to pay anything and keep the money seperate that I have offered to pay. I have added an income & expenditure sheet to it with what I can afford now and then when my partner starts work in July then I will be able to pay more I reckon what I have offered to pay will have the arrears payed off in two and a half years. The only thing I havent got proof of is of my partners employment as it was one of his friends ringing him to offer him the job I could show his first wage slip when he gets it . I am also going to ask for representation in court do you think I have a chance Im fearing the worst.

[caro]

Hi Roxy,

 

As Tilly says, it's best to start your own thread but just to reassure you that the mortgage company need to apply to court for a warrant of possession (this is a bailiff's appointment or eviction date) so you should not arrive home to find the locks changed. You will also be able to apply to court to suspend the warrant if you have proposals for clearing the arrears or if you don't have proposals you can just apply for more time but that would be at the discretion of the judge and only likely to be granted if there's plenty of equity.

 

It would be useful to know where things are at the moment - has there been a possession order granted? did you breach the terms of the order? can you afford the mortgage payments now? will you be able to afford the mortgage payments plus something towards arrears from July?

 

There are plenty of people here to help:)

 

KC

 

Could you answer these questions from KC please Roxy then it may be easier to suggest ways forward.

 

If your OH's job is from a friend couldn't you just ask for something in writing to confirm it?

[roxy2010]

Can anyone help me please. I went to court three weeks ago regarding an eviction notice. The mortgage company never turned up and the Judge was very sympathetic and asked me what I wanted to do. I was so nervous and like an idiot said I would pay a lump sum of £940 on the 23rd when I knew realistically I couldnt afford to pay that all at once I just thought it was what the Judge would want to hear. I agreed to pay the contractual payment & £200 off the arrears starting from the 1st June because I cant afford to pay the £940 Capstone are now threatening eviction again I can pay the £940 but in instalments. Can I go back to the court and ask the Judge to vary the order please help anyone Im desperate.

[midge61]

Hi

 

Just bumping the thread for in the hope someone can help

[cher69cher69]

Hi Hun

Yes of course you can you can go back as many times as you like I was only reading about this the other day because peoples circumstances change and if you have a genuine reason to go back then you do. (The piece I was reading did point out that if you do keep failing to keep your agreements after a few times the court is less likely to go in your favour) but If you explain your circumstances to the judge truthfully this time!! and apologise for the previous time you were in court( This goes down well with judges they like respect for the court) and then go on to say that last time you weren't prepared and werea scared to death and just agreed to anything and hoped you could find the money because you were so frightened of loosing your home and capstone had been such bullies. Go on to say you have now took the time to realistacly work out what you can afford over a period of time by paying in instalments. Tell him you have a budget sheet with you to show you can afford it this time and will be able to stick to the arrangement and also have your payment proposal all worked out on paper showing how many instalments and over what period you are proposing.

The judges like things organised set out clearly, because it looks more like you have thought about your proposals and there affordability and more likey to accept what you are saying. You will need copies of the above x 3. one for you, one for the judge and one for the vultures.

With a bit of luck the judge will be on your side and say ok. I will cross my fingers for you take care cher69

Ps just wanted to say I am no expert but i just wanted to help because of what I had read and it was from a reliable source !!

[roxy2010]

Just writing about this shower of sh...te again. I sent them a subject access request on the 28th June along with the revised order. I know 40 days isnt up yet but they are now basically saying they havent recieved it as they are still saying that I am waiting for the order to be reviewed. This letter on the 28th June was sent by recorded delivery so they must of recieved it.

On the 27th May they sent us a letter saying they were going to try and evict us but the court said they couldnt enforce anything till the Judge had reviewed the order. They are now saying in this latest letter that they are still waiting for an eviction date from the 27th May rang the courts yesterday and there is nothing. Capstone have also said that the Judge couldnt change this order and that it needed another hearing the courts said yesterday that this order stands as long as I pay whats on the order. Do I send them another subject access request as I think they are playing silly beggars.

[Ell-enn]

Have you checked on the royalmail website that the recorded delivery letter has been signed for? you need to print off the signature receipt and keep it with your copy of the letter. That way you can prove their inefficiency to the court if necessary.

 

Let them dig themselves a bigger hole than they are already in, sit tight and wait for their next move. If you have been complying with the order, there is no way the judge will allow eviction.

[roxy2010]

Hi Ellen

 

Thanks for advice. Have found the recorded delivery receipt. It was signed for on the 11th June so will keep that. I just think that they will try any tactic to evict you. Im sure from the 27th May I would have got an eviction date by now.

[roxy2010]

Guess what I now have the eviction date from the 27th May. The eviction date is the 11th August. The court order only started this month. I will just do what I did last time and go before the Judge before the eviction date and see if they turn up this time. As for the subject access request they have sent me a letter saying they cant send me the details as the request wasnt in writing and it wasnt signed which is rubbish. They have taken a whole month to send me that letter even though they denied even having it. They didnt send me my £10 postal order back though will send them another subject access request in writing before the eviction date I am absolutely sick of these leeches I hope I get a decent judge who will have a go at them for wasting his time and mine.

[roxy2010]

Ell-enn

Have you read the above. Is it right that a subject access request has to be handwritten and should they have sent me back my postal order. I am now in the process of doing a N244 I hope the Judge gives them a rollicking thats if they turn up as the order only started this month and I have paid as per the order. I will send them a revised budget sheet as my partner has just started his new job this month cant do anything more.

[Ell-enn]

No it doesn't need to be handwritten. Did you type the SAR ? if so that's writing!! what are they on about ??

[roxy2010]

Hi Ell-enn

 

I typed the subject access request and signed it. I also sent them a £10 postal order which I wrote on the back to only be used for the request. They havent sent me this back. I am in the process of sending another am I within my rights to tell them to use that postal order instead of sending them another.Have I to mention this to the Judge as I know they have added loads of charges to the account just think they are trying to delay sending me it in case I bring it up in court. Do you think the Judge will be mad at them for bringing me back to court when I have paid what is on the order?

[Ell-enn]

Hi Ell-enn

 

I typed the subject access request and signed it. I also sent them a £10 postal order which I wrote on the back to only be used for the request. They havent sent me this back. I am in the process of sending another am I within my rights to tell them to use that postal order instead of sending them another Yes, and make sure you send by recorded delivery again - keep a copy of the letter & recorded slip again .Have I to mention this to the Judge as I know they have added loads of charges to the account just think they are trying to delay sending me it in case I bring it up in court Yes. Do you think the Judge will be mad at them for bringing me back to court when I have paid what is on the order?

 

Yes I should think the judge won't be too pleased.

 

I take it you're going to enter an N244 asap to ask for a hearing? do you need help with that?

[roxy2010]

Hi Ell-enn

Thanks for the offer but did one for hearing in April when they didnt turn up so will just do the same again thanks again for your advice. I bet your sick of hearing about this company thought it was just me.

[Ell-enn]

I noticed on your previous thread that you were having trouble making the first payment you promised the judge you would make ? did you get that sorted??

[roxy2010]

Hi Ell-enn

I went to court in April which they didnt turn up. I offered to pay £980 straight away even though I knew I wouldnt be able to afford it. I then wrote to the Judge explaining why I couldnt afford it. The judge wrote back asking when I would be able to pay it. I wrote back saying that when my partner started his job in July I would pay an extra £150 off the arrears I was already paying £200 which in total I would be paying the contractual payment plus £350 off the arrears. The Judge wrote back and said as long as I paid this then the eviction would be suspended this order started on the 7th July. I have paid this. Capstone have said that this cant be done without another hearing even though I rang the court and they said that this order stands. I will just do another N244 and keep my fingers crossed cant do anything more.

[Ell-enn]

Do you need any help with the witness statement for Q.10 of the N244 ?

[roxy2010]

Hi Ell-enn

Any advice on what to put would be most helpful. I just feel as if we can make any plans with this hanging over our heads again I know it sounds stupid but its my birthday on the 28th August and we wanted to have a barbecue and invite family & friends we dare not invite anyone yet as we might not even be in the house on that date.