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nicolee2931

Capstone restored possession hearing. **SUSPENDED**

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Hiya guys I need a little help here, both myself and husband have had our mortgage with Capstone for over 4 years now. A few years back we got into a little difficulty following illness and redundancy as a result quite a large amount of arrears built up. We both managed to avoid court action last year by entering into a payment plan which was great until March this year when my husband was seriously injured in a car accident and has left him incapacitated and unable to work, he has already had some surgery for is problems and as yet awaits more difficult surgical proceedures next year.

 

Now we managed to get benefits in place as so the mortgage can be paid however in August this year we had some benefits stopped for a period of 9 weeks due to a change in circumstances these benefits have since been restored, however as a result of 2 months missed payments capstone have restored the court action and a hearing is set for the 17th November 2010. We are now making payments to cover the full cost of the mortgage plus an extra £80.00 per month my question is what do we do now? obvisiosly we have to enter a defence to the court before the 17th but what do you put in it as we dont have the original response pack as this was sent to us last year.

 

One thing I will add is capstone did offer to recapitalise the arrears but have since gone back on their word due to these missing two payments however they have been draging their feet over this for nearly 6 months now which seems very excessive and unfair and almost seems they were purposely dragging their feet in the hope we would mess things up.

 

The arrears balance does include loads of £115 litigation charges which I feel is very unfair and my understanding is they are not allowed to do this, we have registered a complaint with the FOS regarding the charges and and the unfair way capstone have treated us respect of their snotty attitude when trying to deal with them on the telephone, never returning our phone calls when we have asked for a call back when the persons we wish to speak with are not available, this issue of them dragging their feet with regard to recapitalisation which they promised they would do then lied, their extreme level of charges which have been included in the arrears balance. We have sent a copy of the complaint to capstone also , the FOS said they would look at our complaint in detail if capstone didn't resolve the matter.

 

My problem is what to do now regarding the hearing as im not sure what is required of me and what paperwork to send to the court, if someone could help it would be most helpful.

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First thing is to make a list of all the £115 charges and bring this to the courts attention, they are not supposed to be charging this, it is completely excessive.

 

You also need to contact Ell-enn who is the site expert in repossessions. I've alerted the site team to your post.

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Hi there, You can take a statement to the court a week before the hearing so the judge can read what has happened. I can help you with the statement if you'd like me to ? You should also affix a budget sheet to the statement so the judge can see how you will afford the payments going forward. I have affixed the one we usually use.

When filling in the sheet remember that the £80 you are offering towards the arrears is the amount left over after everything else has been accounted for.

 

Given your circumstances there is no way the judge will give Capstone possession, try not to worry too much.

 

Ell

Budget%20Sheet(1).xls


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Hi there, You can take a statement to the court a week before the hearing so the judge can read what has happened. I can help you with the statement if you'd like me to ? You should also affix a budget sheet to the statement so the judge can see how you will afford the payments going forward. I have affixed the one we usually use.

When filling in the sheet remember that the £80 you are offering towards the arrears is the amount left over after everything else has been accounted for.

 

Given your circumstances there is no way the judge will give Capstone possession, try not to worry too much.

 

Ell

 

If you could offer assistnce that would be great, to be honest i don't know where to turn because of the lies capstone have told us, they seem to under estimate the true nature of my husbands injures he could end up paralysed below the waist in the new year if his next surgery doesn't go to plan, and I have worked out from the SAR they have sent us they have added £2500.00 in charges to the arrears balance. My only worry is if the judge grants them a suspended posession order they won't recapitalise the arrear as they have previously promised i want to hold this against them.

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Ok, I'll draft a statement later today (I'm at work at the moment) and post on here for you to review.

 

Ell


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Ok, I'll draft a statement later today (I'm at work at the moment) and post on here for you to review.

 

Ell

 

Thank-you for your help, it wll go along way to helping ease the stress of this matter and my husbands ill heath.

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Hi there, I am drafting your statement but need some info:

 

Have you made a payment recently, and did it include the £80 towards the arrears?

Do you have any documentary proof of your husband's medical condition?

Do you have confirmation of your complaint with the FOS?

Do you have any children living at home?

Did you get anything in writing from Capstone regarding capitalising the arrears?


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Hi there, I am drafting your statement but need some info:

 

Have you made a payment recently, and did it include the £80 towards the arrears?

Do you have any documentary proof of your husband's medical condition?

Do you have confirmation of your complaint with the FOS?

Do you have any children living at home?

Did you get anything in writing from Capstone regarding capitalising the arrears?

 

Thanks for getting back to me and sorry I am late in replying but have had a lot to sort out this evening... cooking tea.. gettng kids uniforms ready.. getting husband settled...

 

1) Yes we are making the full payments of the full monthly amount plus the £80.00 for the arrears, basicly we have broken up the monthly payment in 4 weekly manageable sums paid by standing order weeky.

2) Yes we have the statement of fact following the accident, the results of hubbys MRI scan, the referal letters from my husbands consultant surgeon, and letters showing pre admission and surgical dates to hospital.

3) Yes we have the letter sent to us by the FOS anlong with their reference number they provided, they have also provided us with a pack to initiate our complaint.

4) There are 3 children at home, 1 of which suffers from a serious heart defect which requires surgery should the condition worsen

5) Yes we have letters from capstone asking us for further information regarding the loan modification there are also notes in the SAR detailing the loan modification.

 

If you need further info just let me know as we have the SAR from Capstone along with a full statement of account.

 

Many thanks

 

Nicolee.

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OK, I'll finalise the statement in the morning (it's almost done) and post it on here. Are you able to get on line in the morning in case I need more info?

 

Ell


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OK, I'll finalise the statement in the morning (it's almost done) and post it on here. Are you able to get on line in the morning in case I need more info?

 

Ell

 

Yes no problem I will be at work but I will check in-between breaks.

 

Thanks for getting back to me...

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Hi there, your statement is on my PC at home and I forgot to bring it to work on a memory stick , so I won't be able to finalise until tonight - sorry. However, we have plenty of time to get it done for you to hand in to the court next week.

 

However, in the meantime you will need to take photocopies of all of the following as we need to affix them to your statement

The budget sheet

the documents referring to your husbands medical condition

The letter from the FOS with their case reference number

The letter from Capstone regarding capitalisation of the arrears


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Okay no problem I have all the documents at hand to attach to the statement, however I have recieved a leter from capstones solicitors todays basicly stating they believe their client has complied with the civil justice councils pre action protocols in offering recapitalisation and we mesed it up due to 2 missing payments while we were waiting for my husbands benefits to be sorted out due to a change in circumstances which legally we had to report, when reality it to them months to sort our though wasting time and dragging their feet waiting fo us to faill foul. Also their solicitor states the charges applied to the account are fair and form part of the contract we signed when taking on the mortgage however after reading the posts on here other beg to differ and they certainly shouldn't be including them in the arrears balance.

 

Yet again thanks for you help...

 

Nicolee

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Hi, the statement for court is affixed. You will need to enter the info at the top where there are XXX's (remove the XXX's) and also in the first paragraph where I have put Mr XXX. When you print it out make sure that your printer is set for A4 paper (not letter size) so it all stays on one page.

 

Now you need to get together the documents we are affixing and on the top left hand corner of each document write the Claim Number, then on the top right hand corner of each write the Appendix no

 

i.e.

 

Medical evidence of your husband's condition - will be Appendix 1

Budget Sheet - Appendix 2

FOS letter - Appendix 3

Capstone letter re capitalisation. - Appendix 4.

 

Assemble everything as follows:

 

Statement - signed

Appendix 1

Appendix 2

Appendix 3

Appendix 4

 

This forms the pack you need to take to the court. Take a photocopy of it all so you have two sets - you will need one for yourselves to refer to in the hearing. Make sure the set you take to court is stapled securely together.

Nicolee2931 statement Nov 10.doc


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Thanks ell-enn I will get everything together over the weekend and get it handed into the court monday. And how it pans out...

 

Is it likely the judge will adjourn the case for a few months as so I can return to capstone and try to get capitalisation of the arrears going again or will he more than likely grant a suspended possession order as my main worry if a suspended possession is granted capstone will never look at capitalisation again, my other worry with a suspended order is we are only paying £80.00 per month if capstone continue to add the £115.00 per month the arrears are going to increase by 35.00 per month and no doubt we will be back in court sooner rather than later facing the threat of eviction.

 

What do you think?

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Hi, it is unlikely that the judge will adjourn. As there are arrears on the account I don't think he will have any option but to order a suspended possession, so you should work on the assumption that will be the outcome.

 

Capstone are not allowed to take their monthly charges out of the amount you are paying towards the arrears. The £80 per month has to be taken off the arrears total. Charges should be added to the outstanding balance of the mortgage. We can alter the statement to advise the judge that they have been adding charges to the arrears - do you want me to do that?


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Yes if you could re-draft the statement that would be great, what would the next step be in claiming these charges back? can it be done as a counterclaim or is it best being done as a seperate claim?

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I have changed the statement (bullet point 3) and it is affixed - I have marked it Version 2 so we don't get mixed up.

Nicolee2931 statement Version 2.doc


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I have hand delivered everything to the court today in time for the hearing, I can sit back and relax for a bit now and wait for the for the hearing.

 

Thanks for everything you have done for us. I will keep you updated as and when things happen.

 

Nicolee.

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Had Capstone on the phone this morning wanting an update on the account and payments and also advising the Hearing for the 17th Novemver 2010 had been adjourned, being suspicious I contacted their solicitors and they said they had recieved no such notice and were continuing until they heard otherwise. I got back on the phone to Capstone and were advised the hearing was NOT cancelled and should still attend on the 17th November 2010.

 

What the hell are these evil people upto, fancy telling me not to attend the hearing because it had been adjorned, I wonder what the outcome would have been if I hadn't been suspicious and didn't attend the hearing. Is this a new tactic this evil company is using to gain possession. Anyway I have wrote to them outlining my disgust and will add this complaint to the one already with the FOS. I have told Capstone as from now all incoming and outgoing calls are being recorded, its just a pity I didn't get that one recorded as I would have had a field day playing that one out to the judge.

 

Anyone had anything similar happen or comment in this matter.

 

Nicolee

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Hi there, you can take along a statement to give to the judge advising that Capstone told you the hearing was adjourned and that you had no need to attend.

 

If you want me to draft something for you I'll happily do it.


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Hi there, you can take along a statement to give to the judge advising that Capstone told you the hearing was adjourned and that you had no need to attend.

 

If you want me to draft something for you I'll happily do it.

 

If you could please as I don't need this vile company playing silly games with my family, I'm co-operating with these people but they are begining to frustrate me by making co-operation impossible.

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OK, I'll draft something up tonight - can you give me a nudge later in case I forget :-)


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OK, I'll draft something up tonight - can you give me a nudge later in case I forget :-)

 

yes no problem, I'm at work until 6.00pm give me few hours to get tea ready and hubby settled...

 

Thanks for everyhing and getting back to me.

 

Nicolee

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OK, I'll draft something up tonight - can you give me a nudge later in case I forget :-)

 

Hi ell-enn did you manage to draft that letter for the court on Wednesday, just giving you that friendly nudge as you call it. :)

 

Thanks in advance Nicolee....

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Hi there, statement for court affixed. You will need 3 copies.

 

The hearing will be held in a private room with just yourselves, the judge and the rep for the other side. The judge will speak to the other side first (do not interrupt him/her), then he/she will speak to you. You should say "Sir/Madam - we have additional information we wish to bring to the court's attention" and just hand over the statement then pass a copy to the other side's rep.

Nicolee2931 additional statement.doc


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