capstone - cancelling possession order once arrears is cleared

[digi882]

Hi Ell-enn please help have a hearing in the next few weeks on a restored possesion the initial was adjourned as we had an arrangement, i paid all on the arrangement except the last 2 months due to financial difficulties in monies owend i ahve reprojected and can maintian the CMI plus arrangment of 150 we ahve in principle agreed a new arrangment payments due the day before the case i wil be paying via standing order though. i have sent a SARS request as i had been informed that though i was paying 150 arrangement they were charging me 150 for late payment on a few occaision one of them was when i had a 10 pound shortfall. They have not send me yhe statments up untill now should i CPR them to get all the documents as i suspect they have made other charges on the accoutn o simply deal wiht this one and get a suspended possession order. I know for a fact that the arrears includes the charges. The original fomr i cat find which one should i down load and also can you please draft me a response in this basis or if any one else can please advise.

many thanks

[digi882]

Any help greatly appreciated

[on*the*case]

Hi diggi882

 

First off I have flagged to the site team for some help for you.

 

Capstone are the administrators, who is the mortgage with? London, Preferred or Southern Pacific and who is the solicitor? Lightfoots or TLT.

 

As you are aware a defence is needed and the aim is for another adjournment on terms, with no possession order suspended or otherwise.

 

Are you able to make an offer on the missed payments?

Payment by standing order makes no difference (I wont let Capstone have any sort of access to my bank account ).

 

Regarding the monthly offer towards reducing the arrears, do a realistic budget (you may need to present this to the Judge) is you had a problem maintaining the £150, this was clearly overambitious and needs to be revised down. This fact will also be part of your defence

 

Charges, have you been sent a statement of account? This will contain a figure called 'mortgage shortfall' this is the capstone fantasy figure and will include all the charges ans additional arrears interest etc..

Your arrears are the strict difference between the contractual monthly mortgage payment and the actual amount that you have paid. You will need to work this out from the start of your mortgage so that when the Judge asks 'Do you agree the arrears figure?' you can answer 'No, we believe the actual figure is £xx. The Judge will then set details for a further hearing to look at the facts.

 

Its going to be fine.

[digi882]

Thanks very much on the case, they havent sent any statements whatsoever inspite of the SARS it will expire tomorrow so a complaint letter is ready and waiting, it is with preferred, how do i go about getting th eadjopurnment with terms etci will revise the monthly altho it shoudl be ok now havign assessed my finances. right now i am guessing on the charegs based on what they have mentioned to me over the phone so there is still probably a lot more to come out of the woodwork when i get the whole thign any hep wiht wordign would also be gretaly appreciated, thanks very much for you help

[on*the*case]

The fact that they have not responded to the SAR will be part of your submission & defence.

At my last hearing (to defend a Warrant for Eviction) the Judge described them as a complete shambles and took the trouble to remind me that the hearing had been recorded and that copy could be available (as evidence to the regulators).

The Judge ordered that the Claimant file and serve a Witness Statement with Schedule setting out the arrears figure. They then made an application for further time 'as the account was very complex' !!

My thread is here: http://www.consumeractiongroup.co.uk/forum/repossessions/230154-preferred-mortgages-capstone-mortgage.html

 

To get the Adjournment you ask the Judge.

In your statement explain that you have kept to the previous informal arrangement for xx months, that the missed additional payments were because of exceptional circumstances, that Capstone were aware of all the circumstances and would give no leeway. State your undertaking to pay the contractual mortgage payment as it falls due plus £xx towards the arrears.

 

Ask for the Adjournment on payment of the contractual mortgage plus £xx towards the arrears.

 

Also say that the claimed arrers are disputed, that the claimed arrears include charges, and ask for a further order that;

The Claimant file & serve a Witness Statement setting out the true arrears figure.

[digi882]

Hi On the case /Ellen can you draft me a temaplate based on the above sap i need to send it off to them .

thanks

[digi882]

please help!!!1

[digi882]

I have a capstone mortgage, it has a suspended possessio order but the arrears have now been capped. I requested the possion order to be cancelled but the judge wnats a hearing please advise. I am up to date wiht the morgage but was late once and have been charged, this is being challenged with the FOS.

I though a letter proving the mortgage was capitalised was proof enough still have to go to a hearing

[digi882]

Hi

 

I have had my arrears capped with capstone they included fees I am trying to recover via the Fos.

 

I had a court hearing after requesting the original possession order is cancelled to my surprise the judge could not decide as he didn't have any case law to hand and requested us to come back as we need to set out if the are existing arrears etc.

 

The arrears comprise of huge charges of 85 levied once the payments are later than 13 days of the due date which is the 1st of eve month.

 

can anyone please provide examples of possession order cancelled following payment of arrears asap.

 

Thanks

[brassed-off-2]

i think you need a notice of discontinuance form.

google and you will find more info..sorry i have no links at the moment.

 

hope this helps

[digi882]

i have the claim form do you submit this to the county court to reclaim fees