Capstone Eviction! Help! Help!

[messina67]

I am asking for advice and help. I have an eviction date for the 6/05/2010. I have a loan with Capstone mortgages and it was secured on my property. I have been trying since the end of March to negotiate payment for my arrears. I have put forward three proposals to Capstone and they have declined them all. I am at my wits end, as as I don't know what else to do. Capstone tries to give the impression that they're trying to help, however they are not helpful at all. I seriously, believe that they are using delay tactics to their advantage.They have declined my proposals and they are also requesting a larger lump sum, when it is clear from my income and expenditure details that this is not possible. Please tell me what are my best options.

[Ell-enn]

Hi there, got the info in your PM.

 

While I start to draft the statement for your N244 can you add up the charges on the statement - circle them in pen and put at the bottom Total Charges = £XXXX. This is to show the court that the amount they claim is arrears is not correct and includes arrears feas.

 

Do you have access to a photocopier?

 

Are you able to phone Capstone and make a payment today? this would help your case

[messina67]

Yes, I have access to a photocopier and yes I can make a payment to Capstone today. My only concern is that they will route my call automatically to enforcement and they might not take payment as they know that they have not accepted my proposal. THANKS.

[Ell-enn]

I'll be back shortly (just had some workmen turn up to fix a window), won't be long

 

Can you gather together any letters you have about the PPI issue, we'll submit them too.

[messina67]

Yes, I have the ones that sent to us a few days ago, and the ones that we sent to them ages ago. Thank you.

[Ell-enn]

OK, on the letters and budget sheet you sent with offers of payment write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Do the same on the statement from Capstone (with the total charges written on the bottom) except it will be Appendix 2.

 

Then again on the letters regarding the PPI - they will be Appendix 3

 

If you deduct the charges from the statement how much do you think the true arrears are?

 

How much can you pay them today?

 

Are you offering £100 extra per month towards the arrears?

 

Sorry for all the questions, but I need to get the facts right. I will affix an N244 form and give you instructions for completing it when I have finished the statement to go with it.

 

Ell

[messina67]

Sorry for the delayed response Ell, I had to go and pick up my daughter. In response to your question, the total arrears excluding charges stand at £5,986.39. We can afford to pay £1,400 today. Yes, we are offering £100 extra on top of the monthly payment of £291 plus an extra £1000 injection at the end of every 3 months. Thanking you.

[Ell-enn]

Have you already offered them the £1,000 every quarter and if so was it in writing? that's a lot of money - would be better to go for half of that in case you get any emergencies

[messina67]

Hi Ell, we have a friend who was able to offer us £2,100. Therefore we made an offer to Capstone at 14.30, (5 minutes ago) to pay a lump sum of £3,500. Our original offer (1st one) was an additional £100 per month plus a £500 injection per quarter. At the time, the last two components of this offer was supposedly fine with them, it was just the lump sum that they wanted to be increased. Therefore we have reverted to an injection of £500 instead of £1,000. Interestingly, they have informed us that we will get a decision next Tuesday! 2 days before the date of the eviction!

[Ell-enn]

OK, that's good. Are you still going to put the N244 in today? If you wait till Tuesday for their answer it will be cutting it a bit fine for a hearing before the 6th. Is your husband able to attend a hearing at short notice?

 

Also the judge will want to know where the £500 each quarter is coming from and what caused you to miss payments under the suspended order.

[messina67]

We phoned the court and we were told that the judges had already seen their last cases...we were told to come in first thing Tuesday morning....so we are keeping our fingers crossed. Thanking you..

[Ell-enn]

OK, I'll post everything on here later. You can then get it all prepared for Tuesday. If you don't get an answer from Capstone by 10 am on Tuesday take your N244 submission to the court and you might be able to get a hearing on Wednesday, although it may even be Thursday morning. If you'd taken the form to the court this afternoon you might have got a hearing on Tuesday.

[messina67]

Thank you so much....Looking forward to your reply.

[Ell-enn]

Affixed is an N244 form, below are the instructions for completing it.

 

1. Your name

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 I Believe

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

 

Also affixed is the statement for Q.10 of the form - you need to insert the information at the top where there are XXX's (remove the XXX's).

 

You should now assemble as follows:

 

N244 form completed and signed

Statement for Q.10 - signed

Budget Sheet - Appendix 1

Capstone statement showing charges - Appendix 2

PPI documents - Appendix 3

Proof of payment of £3,500 (print out from internet banking or ATM after you make it) - Appendix 4.

 

This forms the whole pack for court. Take a photocopy of all of it so you have a complete set for yourselves to refer to in the hearing. Then staple each set securely. Take the original set to the court - there will be a fee of £35.00 (take the eviction notice with you or they may try to charge you £75). The court staff should be able to tell you when your hearing is when you take the form in.

 

Any questions, just shout.

 

Ell

n244_0400.pdf

Messina67 N244 statement.doc

[messina67]

Ell,

Thank you so much! We are truly in awe of the immeasurable assistance that you've offered! We are so grateful for your time and support! We'll keep you informed of our progress. Once again, many thanks.

[Ell-enn]

Is there any progress with your offer of payment?

[cutzbarbershop]

how did you get on with judge?

[messina67]

Dear El,

 

My sincere apologies for the delayed response to you. This is due to the fact that we have been on an emotional roller-coaster for the past few days. First of all, we'd like to say the eviction was cancelled! We firmly believe that this was due to your assistance and guidance and for this we would like to extend a very big thank you! I would like to give you a retrospective view of what occurred. Here goes....

 

On Tuesday 4/5/10,(two days prior to the eviction date) we gathered all our documents together (including the breakdown of charges as you suggested). We were just about to set off for the court, when Capstone called asking us if we had another proposal to offer. At this point, we were at the end of our tether. After remembering what you had mentioned about the difference between the charges and the arrears, we put another proposal forward based on the arrears. We made it clear to Capstone that we we were aware that there is a distinction between "arrears" and "their charges". To this they replied that they would inform us whether this proposal was accepted later that evening. By this point we were in limbo as we couldn't be sure that they weren't using their usual delay tactics. We were torn between going to the court and awaiting their response. In the end we decided to give Capstone the benefit of the doubt. That same evening(several phone calls later) they accepted the proposal!

 

El,we ran around trying to get this money together, because it was obviously a greater amount than we had planned for. The final amount was paid to Capstone by debit card 10.30 on the day of the eviction i.e. (2 hours prior to the time of the planned eviction!) Finally, we got confirmation that the eviction was cancelled! We are so glad that this nightmare is over. We are convinced that the knowledge of the arrears that you armed us with actually helped to tip the balance in our favour. Once again, we would like to thank you from the bottom of our hearts for your support and advice! It has been greatly appreciated! All the very best in everything that you do!

[Ell-enn]

Oh thank goodness! I had been wondering how you got on. Soooo glad to hear you managed to get the eviction cancelled, albeit at the last minute. You must have been frantic - had you gone in front of a judge I'm sure you would have got it cancelled too, but at least you were spared the stress of the courtroom.

 

I hope you can now relax a bit and enjoy your home Best wishes for the future.

 

PS. Put a complaint in to Capstone about the charges (by recorded delivery of course), - there's a letter in the templates library you can use, just adapt to suit your situation and if you don't get a positive response put your complaint to the FOS (they won't take your case on board until you have given Capstone a chance to address your complaint).

[messina67]

Thanks a million!