SPML Repo 21 May advice Please

[Rightinit]

I wonder if someone can have a look at our statement that we are attaching to the N244 form to stop the eviction we have for 21st may. We do have a suspended repo order on the house already.

 

I am sure I phoned SPML to make the normal payment last month, but the money is still in the bank. As you can see from our statement, they want money we just haven't got and we can not get. I am going to get them to take the missing payment tomorrow one way or another before the form goes in with the revelant fee.

 

As said above can someone look over the statement for us please. We really need to get this in asap, so we can get the eviction stopped without SPML trying to bankrupt us and take our home away from us and the kids.

 

Thanks in advance

court ltr.pdf

[newstarter]

Right firstly how much are the arrears in total,less the charges if you can get this info to me straight away i may be in a position to give you some advice.

[Rightinit]

Can't say exactly how much are arrears and how much are charges. In june last year we paid the 3600 and the arrears balance after the payment was 3000. We have paid £100 per month ever since and they have told me that the arrears balance today is 8134.44 but that will include £704.34 which is in the bank and also £604.34 which they say is due on the 1st May but we agreed when I was unemployed that we would pay that on the 15th of every month. a quick calculation works out to be £2200 arrears left based on 8 payments of £100 since we paid them in june and minus last months payment and this months. That works out that they have added over £4500 in charges etc.

[newstarter]

So its roughly 7000 including charges,i bet capstones have bumped up your arrears figure by including some very high charges,however thats for later.First of all i have been there done it ,worn the t shirt on this one and i just like you have two kids,we kept our house by the skin of our teeth so i know what your going through and i know what to do about it.Your defence statement is fine,somehow i think Capstones are trying to get as much out of you as they can,they do have an agressive attitude to re possession,however you can show that you made the May payment and have funds to pay of some of the arrears,but dont overstretch yourself.That 7000 i mentioned would probobly be nearer 6 if it was worked out,i have seen arrears of much more than that get suspended.Im sure you will know this but all a judge will be intrested in at this stage is your ability to keep up your normal payments and pay of the arrears in a reasonable time,most judges see as reasonable somewhere between 3 and six years although Norgen does allow the whole of whats left in terms of years on the mortgage to clear arrears.I can see this eviction order being suspended as your defence statement shows a commitment to clearing the arrears,however i would include that some of Capstones final figure includes charges and as such the figure is in dispute,remember,charges are not arrears,but Capstones would make it look that way to artificially inflate the final figure.

[newstarter]

Sorry i did not get the last couple of lines of your post till now.If the arrears figure minus the charges are around 2200,then you must put this in your statement of defence.Get the order suspended and send capstones a subject access request straight away to find out just how much charges have been added,they are legally oblidged to send you this information.

[Rightinit]

Thanks for your advice. We will get the statement changed and sent in with the budget sheet etc tomorrow.

I was sat on this site last night thinking why are we going without so much again just to give them a bigger lump sum for it to disappear into there pockets. And I said to my husband this morning that I would give them until lunch time today and if they hadn't called then I was going to court and fight them to the bitter end. Low and behold we had to chase them when I got home from work.

I am on a 3 month trial in my job but I have explained it all to my boss and they are fine with me having to take a few hours off to sort this out.

 

We will update when we have a date for the hearing.

[newstarter]

Its ok remember,they will try and get as much out of you as they can by trying to pressure you with the threat of repo ,the judge will only be concerned with the arrears,make sure its clear on your statement of defence that Capstones have added charges,and charges are not arrears.Regarding the sars request,get that sent to capstones as soon as possible,they have 40 days by law to provide you with all the information they have on your account and charges that have been added.The new job will go down well with the judge as will your well prepared defence statement and income /expenditure sheet.When you get all this info back,you can then apply to the court using an n1 form to claim back all unfair charges that have been added to your account.After the eviction has been suspended you can then turn the tables.Finally please please stress that the figure given by capstones is in dispute.the sars request will show what charges have been added.Good luck for the hearing but think you will be fine.p.s for gods sake dont give them 1500 quid this month,if i were you i would pay off a lump sum of 500 and keep the 100 payment per month arrears as it is.

[Rightinit]

Date given for the hearing is Monday 17th at 9.30 am.

 

They are only getting the monthly payment that they wouldn't take from me on the 4th and that they didn't take last month. Then we are due again to pay again on the 15th so that will be due on Monday after the court hearing.

 

Sar request being completed tonight and posted rec delivery tomorrow.

 

Thanks again

[actionnotwords]

Hello rightinit

Some excellent advice by newstarter.

A similar case to yours has just ended today very successfully you may get some ideas from a defence that has actually worked,so please see this link to the thread.

http://www.consumeractiongroup.co.uk/forum/home-repossessions/258856-michtell-capstone-spml-court.html#post2915346

 

There is so much experience on the spml/london mortgage thread but new victims of these parasite lenders are now appearing all over the site instead of the main thread which has now been going for 18 months and it is only by accident that I have stumbled upon your thread.

 

The real arrears figure is likely to be grossly distorted by the arrears fees charges which should be seperate and should not be added to your account.

I would estimate more than 50% is unfair charges added,anyway see the link which could be a forerunner for your own case.

Edited May 12, 2010 by actionnotwords

[Ell-enn]

Hi there, can I suggest that you put the claim number etc on the top of the statement (as shown in the affixed template) in case the document becomes detatched from the N244 form. If you are attaching any other documentation it needs to have the Claim number and an appendix number (i.e. budget sheet).

 

If you have a statement from the lender showing the arrears charges you should affix a copy with the charges circled in pen and totalled at the bottom. You can then include the sentence " We wish to bring to the courts attention that we are unable to reconcile the arrears figure the Claimant pleads as arrears charges have been added to the account".

 

Also, it's a good idea to affix a budget sheet to the form. I have attached the one we use to this post. When filling it in, remember that the amount you are offering towards the arrears each month, is the amount left over after everything else has been accounted for.

 

You will need a copy of everything for yourselves to refer to in the hearing.

 

Just shout if you need any further help.

 

Ell

Statement Template.doc

Budget Sheet.xls

[Rightinit]

Thanks guys for your help.

 

Ellen I did put the necessary case number etc on the forms this morning. And we did use the budget sheet from this site. My husband took them in as I was in work we took two copies into court and we have a copy at home. Sorry no statement to hand, didn't think of that one and the forms are now in.

 

I remembered your advice from when we were in court with blemain a few months ago and went from there.

 

We contacted spml/capstone today and after 1001 questions from them they finally took the missing payment and it has gone out of the bank so we will be taking the proof from our online statement into the court on Monday.

 

According to capstone/spml it is no longer there policy to send out receipts for payments made. All the person was intrested in was when we were going to call them again to make a further larger proposal. I just infomed them that I could not raise any more than 1500 and that was refused. The stroppy guy said well this payment is not going to stop the eviction. We want a large lump sum off the arrears before the eviction date, have you received a date yet?

I am not giving them any information if they haven't been told of the date it's not my place to tell them.

Fingers crossed Monday will go in our favour and they will be out of pocket as they should have taken our offer and not get greedy. Even the baliff in charge who we know from many years ago said they should have taken the payment as it's not missed just late until the 15th of this month.

 

Sar request with payment is being sent tomorrow lunch time recorded delivery with a postal order.

 

If they call between now and Monday the phone is not going to get answered.

 

Thanks again

[michtell]

Rightinit,

As you may be aware I went to court myself today to stop an eviction for tomorrow morning so I know only too well what you are going through.

Actionnotwords helped us to prepare a statement in a FORMAT that the judge fully understood and respected based on true facts and events and my husband from the moment he knew about the eviction date phoned the fos and lodged a complaint although they said they could not act until the court made a ruling,however they will give you a reference number. this needs to be on your statement as the Judge took this very seriously and had to give consideration to the fact that it was being looked at (pending the outcome of today) So therefore I have learnt that the reference number is valid and can be confirmed if needed (I doubt it) by the court or the other party.

But PLEASE PLEASE read my thread and take the advice of actionnotwords and follow the statement that he gave to me as it had impact and the judge was very knowledgable about everything he mentioned and won us our case,

So Good Luck and take care and take the advice that is offered here.

[actionnotwords]

rightinit

Would you please clarify the following.You have an agreement in place with SPML which you have adhered to since its inception,the only payment missed is the last one which they did not take from the bank.?

Yet every month since this agreement was in place they have added various arrears fees to your account.??

If you have an agreement and have stuck to it they are not supposed to be levying any charges at all I believe.

The common factor in every successful eviction case I have seen so far(7) with these lenders is an ongoing complaint to the FOS to which the court usually defers and awaits their decision on the added to mortgage account arrears fees fiasco,perpetrated continually by this group of lenders.

It was an important factor in the case concluded today.

 

It is simply a waste of time negotiating with these lenders and their agent Capstone,their itinerary is simply to repossess you.The lack of communication from them is deliberate as is the denial of receiving payment.This is a repetetive theme on the main spml thread,experienced by many.

Incidentally you are not talking to SPML who are now just a shell company with one employee but Capstone the collector.

 

I would strongly recommend that you instigate an FOS complaint immediately on the basis of the arrears fees you believe have been added to your account subject to confirmation through the sar you have sent in.

If you faxed or emailed it tomorrow you may then get a reference number which can be quoted in court.

It is also not too late to add to your statement which you could submit on Friday to the court in readiness for Monday..

 

Thankyou michtell you were quicker off the draw than me!

And didn't know you could do an fos complaint over the phone!

Edited May 12, 2010 by actionnotwords

[michtell]

Actionnotwords,

I'm a quick learner!!!

[actionnotwords]

You can say that again,it just makes you wonder how many more people there are out there undergoing the same hell and not knowing that this site and others like it exist.

Frightening in its scale.

How many illegal repossessions are this lot conducting per day?!

[michtell]

It has to be at least 50% of their borrowers to match the sale of their loan book of 50 pence in the pound, which I found out this afternoon on the internet. The only way of informing others is maybe through some sort of helpline or campaign through google or yahoo.

Maybe something to look at ?

[Rightinit]

Yes have have only missed the one payment, Which they have had now and the first guy I spoke to (tony) said that there was a charge of £125 per month being added to my account whilst there was an arrears balance on the mortgage account.

 

We are in the process of clearing out the loft for a grant to be completed soon on our roof, windows & doors so as you can imagine we have alot of stuff out of the loft piled high in the spare room where the file with our paperwork is kept and I can't get to it to get the statements out to check what tony from capstone told me on the 4th is on the statements. And if I am perfectly honest I have never really sat down and looked at the statements in detail.

 

Once I have sent the Sar during my lunch break tomorrow I will ring the fos and see if I can get the ball rolling in regards to complaint. If this is sucessful I will get intouch with the courts. Can this be done via email or fax as I work 30 miles away from the courts and my husband works 50+ miles away. By the time we finish work the courts are closed and they don't open early enough to give us enough time to get there and to work on time.

The only reason my husband was able to get to the courts today was we had some awful news last night that one of our children who is being bullied for some time now was enclosed by approx 20 kids having ago at her whilst waiting for the school bus. So he was at the school seeing the headmaster and informing him that the school liason police offer is now involved. So his boss kindly let him sort that out before getting to work.

 

Michtell I have been reading your thread and it was your thread that made me make the decision to stop trying to find a money tree and fight them in the courts.

 

If you search spml. capstone the cag is always on the first page of a google search, so the more people who post on cag about these vultures the easier the people who are in a similar position to all of us will know what they are like.

[michtell]

I am amazed about the google search!! But I feel like I am on a mission now to stop these vultures from taking our home and equity from under our feet, so we have to fight

[Rightinit]

After the attitude I got from them today I am with you 100%.

 

Even the baliff in charge who we know said it is discraceful the way they are treating people and not just in our area.

[actionnotwords]

It has to be at least 50% of their borrowers to match the sale of their loan book of 50 pence in the pound, which I found out this afternoon on the internet. The only way of informing others is maybe through some sort of helpline or campaign through google or yahoo.

Maybe something to look at ?

 

michtell is what you say current or from a year ago? can you post the link? for the record he's a she!

Think you've caught the fever to shut'em down! it is very contagious once you get in contact with them!Please take great care with your payments as caro suggests' surely direct debit must be the safest way to pay.

They will try to engineer a breach in exactly the same way as they have done with rightinit by saying they haven't received payment,this is a typical well rehearsed and long practiced trick and one of many.

 

Rightinit

From what I can gather these seem to be the magic words which I have modified slightly for your circumstances and for your consideration if you wish to include them in your statement.

You can fax or email the court,fax is better as you have a timed receipt.Ensure you ring the court to confirm receipt of either.You could add whats below as a continuation sheet to your previous statement or resubmit your statement including this information if you think it will help and is applicable.

I would think you have until Friday to do this,please ring the court and check first.

 

1)I have instigated a complaint with the FOS against Capstone and my lender SPML for reclaimation of unfair arrears fees added to my account which is currently pending due to these current court proceedings.(REF NO: IF AVAILABLE)

The arrears fees charged and added to my mortgage account I would estimate total some £???(an approximate figure) subject to confirmation and determination by my submitted subject access request to Capstone, the mortgage administrator for SPML.

These unfairly added arrears fees far outweigh the actual true arrears figure.

The Financial Services Authority have directed that such charges are unfair, advised that a claim should be made to their ombudsman and fees for arrears should not be added to the mortgage account.

Two decisions in the borrowers favour has been recently made by the FSA .

On 29 October 2009 Gmac-RFC were fined £2.8 million and on 12 April 2010 Kensington Mortgage Company Limited were fined £1.225 million both for the same offences as are being currently committed by Capstone and both were ordered to repay their customers all of the unfair charges they had levied.

 

(It is believed Capstone and the group they represent which includes SPML are one of the several firms the FSA are currently investigating for the same offences)(the FSA will not confirm or deny this but they adopt the same procedure with all and did so with gmac,so inclusion of this is voluntary as it can only be an assertion,if you can remember this it would help if you have a sniffy judge and he says whats gmac got to do with capstone and spml)

 

I would therefore respectfully submit that the arrears figure of £? stated is grossly distorted as a result of FSA deemed unfair arrears fees being wrongly added to the mortgage account.

The true arrears fee has yet to be correctly established and is the subject of the fos complaint and my subject access request..

 

 

 

You have already included this case in your statement:this is just the brief judgement,it is vitally important because it could determine how much you have to pay back and it is precedental and binding on county courts as it is from a higher court.

 

2)In the case: Cheltenham & Gloucester Building Society v Christina Norgan

Court of Appeal 5 December 1995 it was decided:

Arrears on an agreement can be repaid over the full period of that agreement, a court not being obliged

to set a shorter period.

 

3)I wish to bring to the Court's attention the fact that on the evidence I have submitted Capstone would have appeared to have deliberately engineered this breach of our agreement by stating they have not been paid when the funds were available in my account at the relevant time.It would hardly be in my interests to default and risk losing my home,regular payments have been maintained consistently since the agreement was made.

Capstone have appeared to engineer this breach in order that they can add additional fees to my account, pressurise me into paying substantially more than the initial agreement which I cannot afford or in the alternative evict my husband, myself and our two young chidren from our home.

 

Edited May 13, 2010 by actionnotwords

[newstarter]

Some fantastic advice from all of the above,im still learning everyday myself even though my eviction was susupended and the judge gave their side a real ear bashing.Just one thing to add,it seems that when a defence statement quotes case law and points of law and you stand back emotionally from the case the judges seem to respond more favourably to claimants,its as though your in their back yard so to speak.So it pays to get all the facts down and take time to make sure all the paperwork is correct facual,and to the point.Thanks to actionsnotwords and alot of other people on this site we are all getting clued up as to our rights and how to defend them when the chips are down.Good luck rightinit.

[actionnotwords]

rightinit

A quick thought if your phone is paid through an internet service provider you can usually view an online bill which details all the numbers you have rang,I have such with tiscali,if you have this facility you would have evidence that you rang capstone on the due date to pay your mortgage(there would be no other reason to ring them).

As previously mentioned being a member of the spml thread for several months one learns all their tricks and this was undoubtedly an engineered breach,as michtell cleverly pointed out they are trying to clear their mortgage books,their own accounts state they are winding down in an orderly fashion(this to them is the winding down process!),vulnerable people such as yourself are being targeted because it is all part of a much bigger and wider scheme.

[cher69cher69]

I am amazed about the google search!! But I feel like I am on a mission now to stop these vultures from taking our home and equity from under our feet, so we have to fight

 

Hi Michtell:-)

I am with you all the way on that one, and that is precisely what I am going to do. my motto of how to deal with these idiots is " Don't be scared be prepared!" In Court make sure you have your facts laid out in front of you and everyone with a copy and sock it to em big time. Calmly and to the point. Then Fight Fight thats what I say Fight them all the way they are nasty, evil, lying, obnoxious, barstewards. Has anyone ever heard of mortgage rage because i think i have got it. lol!!

Sorrry went off on one a bit then thinking maybe i am a bit of a suffragette at heart! and GOOD LUCK Rightinit will be thinkin bout ya!!

[Rightinit]

Thanks to all of you for your help & advice.

 

I have just got to speak to the courts today for a fax number and then we are ready for Monday morning's fight.

 

Cher69cher69 don't think you have mortgage rage, just capstone/spml rage. And to be honest I am feeling the same.

 

We are going to enjoy the weekend and not think about all this until we wake up Monday morning, they have given me enough stress and worry over the past few weeks and I am not letting them spoil our weekend. Which is quality time to spend with our kids.

[actionnotwords]

rightinit

An excellent attitude to take,measured anger and the fact that they are in the wrong yet again and you are in the right.

One just wonders how they can continually escape repercussions from the regulators when they continually breach established protocol and guidelines with apparent impunity.

Surely their day must come and soon,the ombudsman must be getting sick to death with being inundated with complaints and Lord we have tried all we can to bring them to book.

If their claim is wrongly premised against you rightinit as I believe it is and this must be mentioned at your hearing as a salient point,please do not forget to ask for your costs because they will ask for theirs and they will be horrific and added to your account.

Their tactic is you see, to try it on with no cost penalty which many defendants due to the stress of the situation fail to notice.

Edited May 14, 2010 by actionnotwords