SPML Capstone repossession

[mrsseabs]

Hi all

 

Well we have now had our eviction date ,my youngest sons birthday, 17th August and have been told that we can fill in a N244 form to try and stop the repossession

I have down loaded one and am ready to fill it in , I lost my business a while ago due to bad debtors but am about to be offered a job !! I need help filling it in and also what paperwork should I take to the court , I am also not happy about the charges that they have added should I mention them ??

[letsdothis]

Hi

 

If you can prove to a Judge that you can afford to pay your normal monthly payment plus a chunk off your arrears, there is a good chance of saving your home.

 

Don't give up and have a read of this for inspiration and the names of people to approach on CAG

 

http://www.consumeractiongroup.co.uk/forum/home-repossessions/261263-your-house-being-repossessed.html

[donein]

who is your mortgage with ?

 

I was in a similar position, I was so ashamed but managed to pull myself together jsut at the last moment. The judge will be ok if you can explain your reasons why you can now afford to pay.

 

Be sensible as well with your repayment offer. The Judge will calculate how long it will take you to pay the extra, work it our for yourself and really ensure that you can pay as remember interest rates may go up at any time.

[donein]

Oh sorry just realised SPML (its been along day lol!!!)

 

We are with Capstone also!!

 

LOL they are the worse!! But you can beat them !!!!!!!!!!!!!!1

[Ell-enn]

Hi there, I can help you with the N244. You will need to affix a budget sheet to the form to show the judge how you intend to pay the mortgage and arrears. I have affixed the budget sheet we normally use - let me know when you have filled it in and what you can afford to pay.

 

Do you have an up to date statement showing the charges they have added to your account?

 

I also need to know:

 

Is the mortgage in joint names?

How many children are living in the property?

did you attend a repossession hearing? if so when was it and what did you agree to pay?

Budget Sheet.xls

[mrsseabs]

Hi All and thanks for your comments nice to know we are not alone !!

 

Ell-en in answer to your questions I have filled the budget sheet in and can forward this to you

We are also in the position that we have excessive charges and have requested off them twice to send us a breakdown which have been ignored I have tried filling the N244 in but am not very good I can send you copies of the breakdown and the letters we have sent to them along with a statement of how we got into this position and what we intend to do to get out of it

We also have an issue with them that we have to have their insurance cover even though we had our own cover copies of which we sent to them ,again ignored !!

My youngest son is 16

 

thanks

[mrsseabs]

Sorry missed a few questions , I did attend the last hearing 12 months ago and we have adhered to the court order until recently it is in joint names with my husband and I paid £250 minimum a month

[Ell-enn]

Hi there, you can send the info to [email protected] and I'll take a look.

 

You say you sent letters to them - did you send by recorded delivery and have proof they received them?

[mrsseabs]

Unfortunately we didn't send the letters recorded as at the time we didn,t realise what Capstone were like they were always quite pleasant on the phone hmmm guess we were naive did not realise they were so two faced

[mrsseabs]

Does it make a difference if we already have a suspended eviction order which would have been paid if they hadnt incurred their charges ??

[mrsseabs]

Hi Ell-en did you get the information I e-mailed to you ??

[Ell-enn]

Hi Ell-en did you get the information I e-mailed to you ??

 

 

No I haven't got them - can you send them again please :

[email protected]

[mrsseabs]

Just sent them !!! I hope I am not being a pain ??

[Ell-enn]

Hi, of course you're not being a pain

 

I've just got the documents and will read them right now. Back shortly.....

[Ell-enn]

Hi, I've replied to your email and we can now get to work on this thread. I have to go and decorate some cakes for a birthday tomorrow, but will only be 30 minutes or so and then I'll be back, is that ok?

[mrsseabs]

No worries !!

[Ell-enn]

Hi, below are the instructions for completing the N244. I will write the statement for Q.10 and post on here shortly.

 

1. Your names

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 We Believe

Sign and cross out all options except Applicant

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

 

 

When do you intend to make the next payment?

[mrsseabs]

We will be able to make a payment on Sept 1st latest but if neccesary we can get the money together from friends and family next week

[Ell-enn]

Hi, the statement for Q.10 is affixed. You need to insert the info where there are XXX's at the top and also in the body of the statement (remove the XXX's). When you print it out make sure your printer is set for A4 paper and not Letter size, so it all stays on one page.

 

You need copies of the three letters you sent and the budget sheet. On each of these 4 documents you need to write the claim number on the top left hand corner.

 

On the first letter you sent write Appendix 1 on the top right hand corner

On the budget sheet write Appendix 2, and on the 2nd and 3rd letters you sent write Appendix 3 ( you will see where they're referred to in the statement).

 

Now assemble as follows@

 

N244 - signed

Statement - signed

1st letter - appendix 1

Budget sheet - appendix 2

2nd & 3rd letters - appendix 3

 

This forms the pack for you to take to court. Staple all the pack securely together. You will need to take a copy of it all for yourself to refer to in court.

 

When you take it into the court they should be able to tell you what date your hearing will be. There will be a fee of £35.00 to pay (take cash, most courts don't take car payments).

 

Any questions, just shout

Mrtsseabs N244 statement.doc

[mrsseabs]

Wow that is fantastic thank you so much will let you know how it goes xx

[patrickq1]

Well Done Ell

[mrsseabs]

Well we are up in court next Wednesday the 11th so I will keep you all posted

My MP is also interested in this case and is looking into Capstone

[mrsseabs]

Well folks we won !!! BUT I have to say the judge was so biased towards SPML that we thought we were going to lose he was laughing and joking with their Solicitor he wasnt interested in anything we had to say about the arrears and when I told him I had a new job he said we didnt know how long I would keep it , he didnt care about the charges incurred at all but at the end of the day he gave us one last chance so we have to be thankful for small mercies , we now have to pay £175 off the arrears and if we miss one we cannot ask for another suspension he was not interested in how much we had paid off the last lot of arrears in fact he wasnt interested in us at all !!! Big thanks to everyone in the forum for your help and support especially Ell-en xxx

[Ell-enn]

Crikey - which court was this? it's a shame you got such a numptie for a judge, but at least you kept your home. Well done for being so brave:)

I hope you can relax a bit now and good luck with the new job.

 

Ellx

[mrsseabs]

We were at Burton Court in Derbyshire , it could have been worse the first hearing for repossession lost , but all but one hearing was for SPML Now there is a surprise