SPML Repo 21 May advice Please

[Rightinit]

Actionnotwords thanks for the continuation info. we have the complaint number from the fos and it has all been faxed to the courts and they have confirmed they have received the two pages I faxed through.

 

I will pop on here on Monday and let you know the outcome as soon as I can work dependant. Bank statement ready to show payments and I will get onto my mobile phone account to print out the call log made when I made the payment that didn't go out last month.

 

Thanks again guys, best go and do some work now as the boss is due back very soon.

[Rightinit]

Out of interest we have just totaled what we have paid these idiots. Total due since june last year £7050. Total paid £7721.97 Which means they have had £671.97 more than agreed. So in my eyes including what is due to the end of this month we are not behind but infront by £671.97.

Lets see what they have to say about this on Monday

[actionnotwords]

rightinit

Do you know these repossession actions from Capstone are now springing up everywhere,all have a common theme,a falsely alleged missed payment when borrowers have stuck religiously to payment schedules, then a ridiculous demand for lump sum payments then litigation(including the usual £115 per month litigation fee added to your account) see the links at the bottom of your thread.

You seem pretty knowledgeable and up with the game ,many are not and these are the unfortunates upon whom these dreadful vultures prey and in many cases overwhelm,Lord knows how many of these are out there undergoing the same frightening ordeal now and are without any knowledge or support.

A court likes nothing better than hard statistics so well done in working out your balance its not easy,lets hope the court gives them the drubbing they deserve and awards you your costs.

[cher69cher69]

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.

 

Definately hun you do that !!!! take care I am sure it will be fine on monday i will keep my fingers and toes crossed for you okay Cher69x:)

[actionnotwords]

RIGHTINIT,

it goes without saying our thoughts are with you today,you are as well prepared as anyone I've seen and I cannot see any problems but if things do not go to plan remember you have a right to ask for permission to appeal and a suspension of the eviction pending permission which you must state at the hearing,this is just a precaution,it should never come to this.

[Rightinit]

Thanks actionnotwords. I will remember that last bit of information.

My stomach is doing somersaults and the last 3 hours have seemed like 12 hours.

 

All the paper work is ready and I have also got 3 copies of all the payments we have made if I need to hand a copy to the judge.

 

I don't usually drink except for the odd glass once in a blue moon. But if we do win today I will be dusting a bottle off we have here and it willbe opened tonight. And my first glass will be raised to everyone one here who have helped or just given moral support, along with a contribution to keep this site going.

 

Time for me to make my way to court.

[Rightinit]

We won.

 

The judge was very nice towards me and got rather annoyed at there solicitor as he kept saying that payments had been missed. Until I gave both of them a print out of all payments made since oct 2009.

 

Thanks again best get back to work as boss is on way back

[actionnotwords]

HURRAY from the top of NELSONS COLUMN!!!!!!!!

CURRENT SCORE CAG 8 -CAPSTONE COWBOYS 0

It can't go on like this or I will become an alcoholic toasting victory,its like winning the world cup every week.

Many,many congratulations rightinit,the bottom line is its all down to your courage in fighting and beating this shower,discussion is easy,doing it in the courtroom is a whole new ballgame.

Hope you will enjoy the moment fully this evening.

[newstarter]

Great news rightinit,the courts must be getting short of patience with Capstones by now surely.Although this was a worry for rightinit the whole procedure amounted to a waste of the courts time.Capstones action should never have been taken out. I agree with actionsnotwords these cowboys should be fined and closed down,as he says,how many other families have they put through this misery all in the name of reducing their mortgage book.Congrats once again rightinit you deserve that drink:)

[Ell-enn]

Well done! you must be very relieved

[Rightinit]

I am home now, and it felt good walking through the door knowing that we still have a home to go to.

 

A big thanks to everyone on here.

 

When I arrived at court after about 5 min of sitting in the waiting room there solicitor came to have a chat. First thing he said was is the offer of £1500 and this months payment still on the table, if it is I am advised to accept and stop the procedings. My reply sorry no (this next bit is a white lie) I said the extra was coming from my father inlaw and as this was refused I had told my father inlaw thanks but no thanks. So sorry the offer is no longer on the table.

The solicitors reply was well I have to push for the evicition to go ahead on Friday. But between me and you I can see that you have done your homework and that I (solicitor) am 99% certain that the judge will rule in your favour.

 

So in court we go and capstones solicitor keeps going on about missed payments and that they are not on the 1st of the month, when they are due.

I replied saying that there is no missed payments as you can see from this print out of payments made to them and I hand out the print out of all payments made. And the reason they are not paid on the 1st is I have an agreement with spml/capstone that we pay the mortgage on the 15th and the agreed sum off the arrears by the 1st of every month. And as you can see from the payment print out I have just given you both that there are no missed payments even over the 6 months that I was unemployed.

 

Silly me missed a payment made in feb on the print out, but I had it printed on the back of my print out as I had missed out a payment this morning. So I apologised and showed the judge then there solicitor. The judge said there and then suspended. I could have jumped up and kissed him lol.

 

Then the solicitor kept going on about the amount of arrears i.e £7500 approx and it would take many years to clear it off. I popped up and said that I dispute the arrears value but that is not what we are here to discuss and it's a matter for myself, husband, & capstone. The solicitor tried again to mention the arrears value and the Judge said as Mrs xxx has just said we are not hear to discuss the arrears value and the eviction is suspended.

 

The judge said good luck to me about my 3 month trial in work, I thanked him and off I went to see the baliff to let him know not to call on Friday.

 

And to make our day even better, my bosses wife saw me arrive in work (only a small company based at there home) and asked how I had got on. So I explained and she also told me that my wages go up as of the 8/6. Yes I have passed my trial and I am now in permanent employment.

[jaxads]

Well done you --- see what happens when you stand up to the Cowboys!! Great stuff and congratulations on permanent job!!

[Rightinit]

Yes we have won this battle, but the war has just started

 

We have had the letters from the fos today confirming our complaint.

[Rightinit]

Hi I have just had a call from these cowboys, they are pushing for the eviction as we are late paying this month. My permanent job didn't work out and have been out of work since August. I have been making our agreed payments every month. Ok all being late as I have had to wait for the cheque off my insurance to clear before I can pay them.

 

This month with Christmas and also the benefits office not filling in the ABI1 form in correctly my cheque which should have been posted the begining of this month is only getting processed today, so we are later than usual. I have told Capstone or what ever they might want to be called now and they said it doesn't matter as they are pushing for the suspened warrant for an eviction date.

As I was paiting the ceiling in the kitchen I thought hang on a min the arrears balance is more than it should be. They have quoted me £7761.51, but on the paperwork from the courts back in May 2010 the arrears balance was £7531.10. We have paid the monthly payment plus £100 to clear the arrears since June 2010 so our arrears balance should be £6931.10, so they have included charges onto the arrears and quoted this figure not the actual arrears figures. Which the arrears figure is inocrrect and I am going to sit down and work out how much we actually owe them without there charges and intrest on charges.

 

Can someone please help me draft a letter up for the courts to show that the arrears figure is inflated and that through circumstances beyond my control have made this suitation arise. I have a letter from my insurance company saying that the form has not be filled in correctly by the job centre and also a copy of the ABI1 form I asked the job centre to fill in again yesterday.

 

Thanks

 

Rightinit.

[Ell-enn]

Hi there, when you receive an eviction notice we can then apply on an N244 form to the court for a hearing to have the eviction cancelled, given your circumstances and the letters to back up the insurance situation, you will have no problem getting the judge to cancel. Would also be good to be able to show the judge the amount of charges put on your arrears !

 

Let us know when the eviction notice arrives and we can get to work.

[Rightinit]

Just going through all the charges from day one and I can see that they have added payment due twice in one month1/11/06 &27/11/06 they can not do this can they. If they cant then this means we have paid them more than we should have as even with the extra payment in the same month we were still in credit with them until they had added there legal cost's etc.

[Rightinit]

True arrears balance is £2581.78 a big difference from £7761.51 they have quoted me.

 

I have also noticed that the intrest shown on the full sar statement for the intrest charged for june 2010 there is £5 more added onto the last statement they sent us compared with the sar statement. These are going to be copied and handed to the judge along with the other discrepencies.

Edited January 12, 2011 by Rightinit
incorrect true arrears balance figure

[cher69cher69]

Hi there rightinit

The advice that you have been given is spot on as always on this forum with a wealth of knowledge from all areas. Especially important when you see the judge is to give them proof of what you are saying is true then capstone wont have a leg to stand on. But just one thing I would suggest from my own experience which is ongoing with the FSO is if you have not yet been given an adjudicator write back to the fso and mark it Urgent Attention Repossession Iminent. This is what I did and it worked for me! I got a response from the fso within days and they got on to the company straight away. It wasnt fixed instantly but it stopped them going any further with the repossession process and after a year I ended up with a clean slate to start over ( THIS WAS NOT WITH CAPSTONE THOUGH IT WAS GE MONEY). But I would think the same applies! Also it is really important that once you have got a reference number with the fso keep them updated on what capstone are doing to you. This helps give them a better ongoing picture of what these barstewards are like. I am at this stage with capstone now I have a suspended repo and they are trying their best to get an eviction but my case is ongoing with the fso and has beeen for the past 12 months and they are still investigating. I have spoken to the fso on the telephone and they were in agreement that their charges were unfair so there has to be a positive outcome to all this if we all hang in there. goood luck Cher69

[Rightinit]

Thanks for the advice Cher69Cher69. I will get in contact with the FSO tomorrow as we have our daughters option evening tonight.

 

They have rang again today to see if I can offer a lump sum and I have just wiped the floor with the girl on the phone. She has confirmed the arrears balance they have quoted to the courts does include charges and also confirmed the error on the duplicate payments due & difference in intrest showing on statement to sar, therefore the interest they have charged on arrears and capital are wrong so the balance is wrong. She tried saying that the over charge of interest would only be a couple of pounds, until I advised her she couldn't go by what had been charged to the account she would have to obtain what rate the interest was applied at every month and calculate the difference . My last words were I will see one of your representatives in court.

 

I know I shouldn't have said anything but I just needed to vent some steam and she got the brunt of it.

[Rightinit]

Well we have had the Eviction date recieved for 7th March.

 

I am in court tomorrow morning, to see if we can get it suspended. I have enclosed all copies of my findings for the judge to have a read with his coffee in the morning to show the true arrears are only £2581., of course this is only for information purposes as this is with the hands of the fso.

I have got a copy of the letter from our insurance protection company to prove why the payment in January was late, copies of everything that I handed into the courts last week.

Is there anything else I need? ( I&E enlcosed, Statements enclosed. Copies of there statements enclosed.)

 

I hope and pray that the judge sees that the account is wrong and there are charges, duplicate entries for mortgage due payments in the same month in there total arrears figure (hope he sees there is only 12 months in a year not 13 like capstone like to make out). And when we have made overpayments to the account which show on there statements as overpayments they still charge us arrears management fees.

 

How do you guys think the outcome will be?

We have had no letters or phone calls from capstone except confirming they are looking into our complaint and we should hear by 13th March.

 

Getting rather worried now if I am honest.

[Ell-enn]

Hi there, I'm assuming you entered an N244 at court to get the hearing tomorrow? What exactly did you put in Q.10 of the form? Did you keep a copy of everything you handed in to the court ?

[Rightinit]

I have copies of everything I handed in and are in the file next to me.

 

In Q10 (quick breakdown)

 

I advised them of the call I had from Capstone on 11/1/11 to say they were going for eviction as we had broken the court order. Even though I explained the Dhss hadn't completed the ABI1 form correctly and that our insurance company were waiting on a response from the DHSS before they could issue the cheque. I have the letter from our insurance company here for proof. (so we haven't missed the payment it was just late paid 14/1/11.)

Advised that we are being charged £125 per month so the arrears are increasing even though we are making the agreed payments. There is a complaint with the FSO ref xxx as the arrears figure they are quoting does not correspond to the true arrears figure less any charges (appendix 2) calculated from the details provided by SPML from SAR request. The true arrears are 2581, not 8K plus which is what they are stating. Which this figure includes discrpencies on the account as highligted i.e two payments due in one month, intrest on arrears not same on sar as in qrtly statement, debt advisor visit fee when no body has ever visited. settlement figure fee never requested this even the total balance does not match on sar to qrtly statements.etc.

 

Quote C&G vs Norgan and that we have not missed any payments since we were last in court in May 2010. Ok we may have been late due to wages or waiting for income protection insurance cheque to clear. But not missed. And that he can see we are comitted to clearing the arrears on the account. Also we have two dependant children living with us.

 

What I have just realised that I haven't included in the statement for Q10 is that even though we have paid every months since we were last in court the figure they are quoting is higher than the figure the courts had last may. I was in a rush to get to the courts before 3.30 on Friday and we didn't find the eviction notice until late afternoon as they didn't knock the door just posted it in the letter box outside the front door.