Jump to content


  • Tweets

  • Posts

    • twill be even better tonight and already the KP is predicted further south than last night. incredible pictures from canada and australia on glendale . so big to me it was out of view to ne camera. gonna try a drone tonight too. dx
    • n244 is the imp one please we need everything inc exhibits but not statements. dx
    • the first dn was void as it only gave 14 days not accounting for postage time so you didnt get it with 14 days remaining hence the 2019 one. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] .............. there is not harm in filing our DN late SB defence now too. alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment . 1 The Claimant's claim was issued on dd/mm/yyyy.  2.The date last payment made was the dd/mm/yyyy   3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.  4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.  5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied. dx  
    • Just a quick note to thank you for the reminder. Me and Mrs Mycathasfleas found a use for an exercise mat and lay on our backs watching it. 
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Capstone restored possession hearing. **SUSPENDED**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4237 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Thanks Ell-enn for all the work you have put in for me and my family, all the paprerwork has been handed into the court and capstones solicitors ready for tomorrow. Just waiting now for the hearing tomorrow. I have calculated that capstone have included £3400 in the arrears figure which I will bring to the judges attention, as well as bringing the distraction of being told not to attend the hearing as it had been adjourned to the attention of the judge also.

 

I will update you all after the hearing..

Link to post
Share on other sites

  • Replies 65
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I recieved notification from capstones solicitors last night stating that in light of the complaints raised and new information submitted to the court they were going to adjourn the hearing, this is the third time they have done this. I responded to their e-mail last night stating the adjournment was welcome but short of notice, I advised I would still be attending the court as I had paperwork I needed to hand in.

 

However upon attending the court this morning their solicitor was there and looked shocked as to why I was in attendance, I explained I was purely here to hand paperwork to the court, however upon speaking to the court usher no such adjournment had been mentioned. I returned to their solicitor and asked why as this was after showing him an email sent from capstones solicitors stating the adjournment, he didn't have an answer other than capstone are a bit sloppy with paperwork now and again as what has happened to us, I told him surely thats not right they are playing with peoples lives.

 

Anyway we proceeded to the courtroom, she was a nice lady I addressed her as Madam and the othersides solicitor spoke first, basicly I thought he was going to go for the jugular but was surprised to hear him state he was happy for an adjornment, he explained we had entered a grievance regarding his clients conduct and the FOS were now involved, he explained the situation we were in was brought on by an unfortunate chain of events, and also explained my husband is awaiting back surgery. The judge then addressed me I handed furher paperwork to the judge and explained what the solicitor had said was correct, but pointed out the arrears figure was wrong as it contained litigation charges, I also said I believed pre action protocols had not been followed to which the judge wanted to hear more on this matter, I explained we had an agreement to recapitalise the arrears but the claimant was dragging their feet and because 2 payments were missed due to a change in circumstances which we legally had to report to the benefits agencies the offer was taken away, they judge said that was a bit naughty and suggested I follow through my complaint to the FOS if a satisfactory result doesn't come from capstone.

 

Anyhow the judge accepted an adjournment should be made and has made it so for the next available date after the 21st February 2011, on the basis that it will enable my husband to recover from his surgery, it will allow for a payment history to be built up which the judge would like to see, for capstone to enter talks with us on how to move forward without the need for court action, and if an agreement cannot be sought then progress the complaint to the FOS.

 

So for the time being I and hubby are happy, we have handed a letter into the court which we have sent capstone and all parties involved in an effort to get them talking regarding wiping the slate clean and move forward in a positive manner. We have stated recapitalisation is a valid way forward to ending the situation and moving on without the need for further litigation, the judge said it was a step in the right direction and shouldn't be pushed aside by the claimant as the court may take a dim view of any future vexatious actions.

 

So we got a good understanding judge and a fair outcome, any comments?

Link to post
Share on other sites

Well done thats a good start,capastones must start talking to you about resolving repayment and arrears issues now, section 7.4 of the mortgage pre action protocol states that capitalization of arrears is an option that should be explored as is extending the term of the mortgage and altering payment dates if necessary,sounds to me like these areas of the protocol have been ignored by capstones (as usual) but anyway well done,just wait for capstones to reply,after all the ball is in their court.

Link to post
Share on other sites

Oooh they make me soooo mad !! I told you not to believe they would adjourn the hearing.

 

Well done for standing up to them !

 

Anyway, hats off to the sensible judge - she made absolutely the right decision.

 

I hope you can relax for now and enjoy Christmas in your home :-)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Thanks to all who have helped and guided especially Ell-enn who's help has been invaluable.

 

As newstarter said hopefully we have put the ball back in Capstones court and will leave it 7-10 days for them to moot their situation before chasing them up, I just want to appear we are doing all we can as we always have done.

 

I think only time can tell and all documentation gets sent recorded delivery with the delivery slip attached.

 

Thanks Ell-enn with your help as you said we can spend and enjoy Xmas in our home and my hubby can recover from his injuries and surgery without the stress and worry.

Link to post
Share on other sites

hi Nicolee, have been following your case how did your hearing go.

we have been in the same boat with the same company, but we fighting back. There is someone who

would like to talk to you over all these problems with capstone.

Link to post
Share on other sites

Post 27 has the result

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

  • 3 weeks later...

I have had Capstone issue proceedings to take me to court for arrears, the majority are their charges which they call arrears, I am in the throes of sending a letter to the FSO, any suggestions ? interest payements due this year £2700.30, actually paid £2355.61, due to income difficulties, wife losing her job etc, have meant most months have been paid late and each month they slam a £115 litigation fee onto arrears, £920 this year, I tried reasoning with them, after making a complaint in August that they were not treating me fairly, it now seems vindictive what they are doing.

Link to post
Share on other sites

I'm assuming you have received court papers for possession? if so you need to fill in the N11M defence form and we can help you with that if you need us to. What date is the hearing?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

OK, you have plenty of time before you need to enter your defence form - usually 14 days before the hearing. Keep us informed of what is happening.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Capstone have withdrawn their court case they have just told me, it seems going back to August 2008 I owe in total £127 and as they said quite rightly their 'arrears' were charges, has someone been rattling their cage, I had told them a letter was going into the FOS, thanks for the support site team

Link to post
Share on other sites

Lots of people are rattling their cage at the moment lol - and rightly so. Make sure you check with the court in a couple of weeks to confirm they have cancelled the hearing - Capstone aren't known for their communication skills and might just "forget" to inform the court. Also, ask them to put in writing what they have told you on the phone.

Now you can claim back the charges they have put on your account :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

115 per month litigagtion fee,920 so far this year that is well and truly outrageous,you say most of what Capstones are calling arrears is actually charges made to look as if its arrears,if the contractual payments are near enough up to date then they really have no business going for a possession order anyway!!How this outfit is still trading without no intervention by a leading body formed to protect the consumer i just dont know!If Capstones are not getting back to you until the 21 st Jan then you have plenty of time yet.If i were you i would be sending the a S.A.R asking for every little detail they hold on you and your account and going through it from day 1 adding up all the charges,then demanding every penny back under the guidlines issued by the F.S.A and thats just for starters.However,you have done the right thing writing to the F.O and making an official complaint,if i were you i would keep all contact either to emails or letters and keep copies of everything.You have absoloutly no chance of getting your home repossessed so dont swallow any threats like that,and dont let them bully you over the phone for lump sums or extra payments.

Link to post
Share on other sites

The possession hearing was 21st January - Capstone have already got back to Yorkshire Hunter, that's how he knows the possession claim is withdrawn.......

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

I have asked for confirmation in writing and that there will be no solicitors costs to me, as for the 'arrears' I have already had a letter confirming as per terms and conditions and tarif they were entitled to charge them, this was in August when I complained that they were not treating me fairly, I have 6 months to respond to the FOS, not sure what I can do about those, any suggestions gratefully received

Link to post
Share on other sites

  • 1 month later...

Just an update. We eventually got a new hearing date of the 7th March 2011, however got a letter from the courts yesterday stating the date had been changed again to 17th March 2011, no real problem however Acenden as they are now called are being paid and have been paid by standing order yet the phone calls keep coming regarding the arrears. Is there anything that can be done about this. Hubby is in hospital today having spinal Laminectomy and Discectomy so under quite a bit of stress and don't need this.

 

Have started a claim for the charges added to the account and will pursue them through the courts for these, in the mean time is worth continuing my complaint with the FOS as I did receive a final response from Acenden which wasn't favourable they just stood their ground denying out claims of unfair treatment in respect of them attending proceedings after advising us of adjournments, removing the offer of capitalisation after it was agreed, and their charges which I have no faith in the FOS dealing with and will pursue through court.

 

Btw this is nicolee2931 just using hubby's account from hospital.

Link to post
Share on other sites

Since my last post, I had a letter from the solicitors saying the case had been cancelled, It might be worth calling Acenden and asking to speak to Louise Spencer in complaints, she did listen to me and responded fairly quickly, they are now offering a deal on the fees they wanted to charge, they also know about this website, so keep perservering, dont take no for an answer, I didnt.

Link to post
Share on other sites

  • 2 months later...

Just an update following the adourned hearing.... I have had a date set for the 16th March 2011 for a few months now. The witness statements and income and expenditure has been sent to the court ready for the hearing on Wednesday.

 

I keep getting phone calls from Acenden asking if there has been a change in circumstances, which there hasn't hubby as he is still not very well and is still being signed as sick my his GP following his surgery which went well.

 

We have found out today they have continued to add the £115 litigation fee for December, January, February & March and by doing so increasing our arrears by £180 over 4 months as we are only able to pay £70.00 per month towards the arrears while hubby is ill, however this amount fits in with the Cheltenam & Gloucester v Norgan case.

 

What should we do if it doesn't go our way on Wednesday I'm sure I have to ask for leave to appeal and get a N161 is this correct?

 

Our complaint with the FOS is still not resolved as we have complained about Acendens management of our account, and in relation to the fees we have sent as request for a refund of fees and a letter before action as we plan to use the courts to recover the charges as lots of peeps tend to have a hit and miss approach with the FOS.

 

Any advice for Wednesday.

Link to post
Share on other sites

Hi there, do you have anything in writing that shows they have added the £115 each month? It would be a good idea if you took a short statement to court to hand to the judge stating the amount of fees and that they have been added to your account. If you need help writing the statement please let me know.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...