Eviction notice for 4th April acenden capstone spml mother in hospital mental breakdown

[bs0lth]

Hi Lea

 

Ok, I have a letter from the hospital to me to give to the mortgage company, they asked for it, and wanted a full breakdown of what was wrong with her etc, however, the consultant told me that shes has the same data protection act and Medical confidetiallity as everyone else to adhere to. however, she did write me a letter stating that although she couldnt discuss my mothers case in a letter to the mortgage company she could confirm that she was her consultant and my mum was in hospital. The mortgage company now says that its no good and they still cant do anythiing. Ive asked that if they could look at the case without discussing it with me and pospone the eviction until I could get legal help. and I would pay the mortgage.

 

I am working though the form, Ive printed it off and Im trying to put stuff in but its getting bogged down... I will keep going though with it.

 

 

I also have the reciepts for the payments I made, I made them directly into the mortgage companies bank so they can see I have made them and no my mum.

 

I know for a fact that all of the arrears are not arrears but costs and insurance payments which I suppose are arrears, but I also know that they charged my mum for buildings insurance without her knowledge, and the second time they did this was after the new insurance company wrote to them to tell them that she was insured with them.. and Im sure that these have been added as well.

 

Ok Im going to sit with a bit of paper and pen.. thank you sooooooo much for your help you have no idea just how good its been to talk to somebody thats given me advice rather than ...

 

sorry nothing we can do to help

[bs0lth]

Lea...

 

you have been a complete godsend, I really didnt know where else to turn for help.

 

I really appreciate the help you have given me so far.

[Ell-enn]

Hi, I suggest you ring your local court first thing in the morning and explain the situation, ask them what you need to do to put in an application on your mum's behalf - the court staff are usually very helpful. I will be online first thing in the morning so if you can let me know what the court say we can take it from there.

 

Is your mother able to sign a letter confirming you can act on her behalf?

[Lea_HTH]

Hi Lea

 

Ok, I have a letter from the hospital to me to give to the mortgage company, they asked for it, and wanted a full breakdown of what was wrong with her etc, however, the consultant told me that shes has the same data protection act and Medical confidetiallity as everyone else to adhere to. however, she did write me a letter stating that although she couldnt discuss my mothers case in a letter to the mortgage company she could confirm that she was her consultant and my mum was in hospital. The mortgage company now says that its no good and they still cant do anythiing. Ive asked that if they could look at the case without discussing it with me and pospone the eviction until I could get legal help. and I would pay the mortgage.

 

The mortgage company do not have a right to the intimate details of your mother's illness, and the consultant is absolutely right not to furnish them with this information - he is giving them sufficient for them to hold off on the eviction, but they are ignoring it. I am not surprised given who the mortgage company are.

 

I am working though the form, Ive printed it off and Im trying to put stuff in but its getting bogged down... I will keep going though with it.

 

Try sending Ell-en a private message - she has helped lots of people with filling in their N244 - if she reads this thread I am sure she will be able to pick up on the information I have given you and can add it into the form.

 

 

I also have the reciepts for the payments I made, I made them directly into the mortgage companies bank so they can see I have made them and no my mum.

 

The receipts are excellent proof that you are trying to do your best to stop the eviction; you must take them to the hearing if you get one - they are evidence of you potentially having an interest in the property (though really this argument should be run by a solicitor, I see no reason why you cannot include it in your N244).

 

I know for a fact that all of the arrears are not arrears but costs and insurance payments which I suppose are arrears, but I also know that they charged my mum for buildings insurance without her knowledge, and the second time they did this was after the new insurance company wrote to them to tell them that she was insured with them.. and Im sure that these have been added as well.

 

The difficulty with this is that unless you can find all the statements of account, you cannot add up what are arrears and what are charges - if you are joined to the proceedings you can ask for statements of account, until then you will just have to tell the judge that you believe there are charges added to the arrears. As I said earlier, they are NOT allowed to claim that the charges are 'arrears' in a court hearing.

 

Ok Im going to sit with a bit of paper and pen.. thank you sooooooo much for your help you have no idea just how good its been to talk to somebody thats given me advice rather than ...

 

sorry nothing we can do to help

 

You are most welcome. Try and contact Ell-en for help with the form - so long as you are making an application to be joined to the proceedings and/or you have a letter of authorisation from your mum, you should be able to file the N244.

 

If you fail to get a hearing you will have to instruct a solicitor, both for yourself and on behalf of your mum. If that happens, PM me your specific area and I will search for a solicitor or direct access barrister in your area that will be able to deal with your mum's possible incapacity to instruct.

[bs0lth]

Hi, I suggest you ring your local court first thing in the morning and explain the situation, ask them what you need to do to put in an application on your mum's behalf - the court staff are usually very helpful. I will be online first thing in the morning so if you can let me know what the court say we can take it from there.

 

Is your mother able to sign a letter confirming you can act on her behalf?

 

Ell-enn

 

this has been the problem, I havent been able to get a letter from her, however, Ive talked to her consultant again, printed one out and im going to try to get it signed tomorrow.. all I have said on it is

 

when she is in hospitial I have her authority to act on her behalf in financial and other matters

 

I will ring asap, I have an appointment for me first thing in the morning, but I will try to do it before I go to the doctors and i can log onto here from my phone... not ideal but I dont know how long I will be in the docs waiting room..

 

My mums consultant asked me not to try to get her signature, it sets her off... and i really dont want to upset her any more but not having a house to come out to is not going to be easy either.. this is whats been causing all of the problems.

 

i do have a letter from the doctor, stating shes in hospital, and that she is a patient of her consultant.

 

I am waiting for all the copies of letters to the doctor to arrive from her as well, so that you can see its an ongoing situation ..

[Ell-enn]

You'll need to get the N244 to court at the latest first thing Friday morning, ideally tomorrow afternoon. Lets see what the court say in the morning - the court offices don't usually open till 9.30 or 10 - would you be able to call in rather than telephone?

[bs0lth]

Nightmare,

 

If my mum was an organised person who filed everything then finding figures shouldnt be a problem. however, her problem is that shes not, she also has a fear of letters and if I dont get to the post before her and watch her open it she either files it (there are bags and boxes of unopened letters Ive found over the last two weeks, there must be thousands of them and from what I can gather dating back twenty years) she also distroys them as well if she doesnt like the look of them.. Ive been trying to sort it out but its been a long process, just trying to get them all into one place... ive found uncashed postal orders dating back ten years and all kinds of stuff... so for proper figures Im going to need them from the mortgage comany

 

I have talked to her consultant about the letters in the past, because shes missed a couple of appointments, no idea where those letters went, and she now marks anything from her with a mark on the back of the envelope so my mum opens them.

 

Im so pleased that you agree with the consultant, i thought the mortgage company was being intrusive demanding a full medical disclosure.

 

right I feel more postitve now, Im going to try to see what I can sort out for the morning

 

thanks for all your help..

[Lea_HTH]

It seems you are stuck between a rock and a hard place, so I will give you the actual law you require to get someone to take notice of what you are saying.

 

The relevant area of law is CPR 21.1(2)(b) (That's the Civil Procedure Rules), the claimant (ie the mortgage company) should not, without the permission of the court take any steps or make any applications, until a litigation friend is appointed other than filing and serving the claim form - If there are existing proceedings (as is the case for your mum), and the Court is alerted either by direct contact with the defendant or otherwise (this means by you) that capacity may be an issue (either when proceedings are issued or at any other point), the proceedings should be stayed or adjourned until the issue has been resolved.

 

This is reinforced by CPR 21.3(3): “if a party becomes a patient during proceedings, no party may take any step in the proceedings without the permission of the court until the patient has a litigation friend”.

 

Simply put, the court will have to stay the eviction proceedings until your mum's capacity has been established.

 

Please copy this and take it along to the court with you tomorrow morning and insist that your application is put before a judge.

[Desperate Daniella]

bs0lth,

 

Tried to respond earlier but the site was frozen. Now you have heard from Ell-enn you should be okay. Follow her advice. She really can turn things round. She is absolutely amazing.

 

Good luck.

 

DD

[Desperate Daniella]

And Hi to Lea who has been really helping you since your first post.

[bs0lth]

Hi Everyone thats been helping

 

just a fast update before i phone capstone

 

I have just got a letter of authority, its caused more problems than its been worth, but never mind, I will try to phone capstone now, then the court then see where I stand

 

I have been told that I have to fax the letter through to them , however that means going out to the post office Im going to see if they will accept a scan and it emailed. Im in the middle of scanning it now.

 

God everywhere has taken longer this morning... however another good note is that the benefits have been restarted and the amount owing for mortgage payments should be sent today... I need to phone to get figures so I know what to tell them.

 

what a complete nightmare, and mum had a bit of an episode last night so it goes from bad to worse. I might not need a house soon if she keeps going the way she is...

 

right I will update in ten mins now

[Lea_HTH]

You're doing exceptionally well in this difficult time, and if your mum was well I am sure she would be extremely proud of you.

 

Keep your chin up, you have shown you have a lot of strength in coping with such difficult issues. I hope your own appointment with the GP went well. Hopefully you'll be able to relax a bit once this eviction stuff is on a more even keel.

 

Don't forget that you will still need to go to court to put the application in - Capstone may well tell you that they will cancel the hearing, but you should ensure that you take the correct action by going to the court yourself.

[bs0lth]

ha on the phone to capstone now... they are saying the scan of the letter of authority has to be either posted or faxed...

 

bridges and hurdles....

[bs0lth]

Ive just got off the phone, this is getting hillarious.,

 

they will not accept anytihing by email, I have to fax the information to them

 

they want a FULL medical disclosure which I didnt think they could ask for, and all I have is a letter from the consultant saying that my mum is in hospital at the moment, and she is her consultant... which I was told should be enough

 

god what a nightmare...

[Lea_HTH]

Fax them what you have - but go to the court first and put in your N244 - that is more important than anything else, and you have a letter of authority from your mum. The letter from the consultant should be enough for Capstone in the interim - they appear to just be being difficult.

[bs0lth]

Hi Lea

 

Ive been on the phone to the court and what a loverly woman I talked to. What I have been told to do is...

 

try to fax over the stuff to the mortgage company if I wish, but she said at this late time I need to get the N244 in, but she said to take my time with it, dont complicate things and dont fill in anything Im unsure about. They can help me in the morning if there is anything that needs to be done.

 

because I have the letter of authority from my Mum, I can fill out a Lay representitive form to go before the judge so that I can look after her interests, and he will make a desission whether to let me go ahead or to just suspend the eviction.

 

She also said that take the letter of authority, the letter from her consultant, and any other bits I think would help the desission and the judge can over rule the eviction and put an order in place... I dont quite understand this bit mind you.

 

I know that her benefits have been started up again and there should be a payment of back dated money on the way to the mortage company, I can pay the whole mortgage, for the next couple of months at least and let the other pay off the arrears. Its going to stretch me financially but if it means that I may be able to sort stuff out then Im happy to do it. I would really like my mum to come home and then for us to reassess whats going on and either try to sort out staying here or moving, but at the moment Im really stuck.

 

Right, the mortgage company make me want to hit my head up against a brick wall, they have been no help what so ever, and even now they are trying to put blocks in the way.

 

Im really upset about all of this.

 

one thing aside, the consultant wrote to my mums GP, and Ive picked up sick notes from them this morning to put in to the DWP for her benefits this morning, I got a copy of those would it be worth copying them as well to take with me tomorrow?

[Lea_HTH]

That's what I said in my earlier post - I think Capstone are being obstructive, so putting in the N244 first is more important. I am glad you found the court staff helpful - I'm not sure about them helping you to fill the form in, they are not allowed to do that, but perhaps she meant a duty advisor would be present.

 

Once you have the eviction stayed, I think you should consider getting a solicitor involved - you certainly should be writing an official letter of complaint to Capstones as they have been obstructive and failed to assist you appropriately despite the fact that you were trying to alert them to your mother's ill health.

 

It is certainly worth taking the sick notes for the judge to see.

[bs0lth]

Right I have written out a statement from me outlining everything that has passed between me and the mortgage company, got the form filled in Im off to try to get it submitted, I might have left it too long and have to go tomorrow morning...

[bs0lth]

I have got the following to submit with everthing..

 

a statement from me to say exactly whats happened over the last three months.

receipts for moneys Ive paid into the mortgage companies bank account

the letter to me from the consultant

the letter of authority

a copy of the sick notes.. I am so pleased I asked for a copy of them.. I dont know why i did but thought they might be helpfull

and I think thats it... I dont know what else I need...what would have been nice would have been a breakdown of the arrears to date... but not going to get that

[bs0lth]

everything is also copied three times...

[Lea_HTH]

Don't forget the court fee!

 

The court office is probably closed now, so you'll have to go in the morning. It sounds like you are all prepared.

[bs0lth]

Why does everything take so long to do?

 

I missed the court, they close at 4pm and didnt get there in time, however, its all ready to be delivered tomorrow morning at 9amn tomorrow morning, The girl on the phone said earlier that if i got it there tomorrow there would be no problem at all.

 

I think I have it sussed, I really dont know what else to include if Ive missed anything...

 

but I feel a lot happier now than I did this morning...

 

I now need to find somebody to fax the stuff through for me

[bs0lth]

Don't forget the court fee!

 

The court office is probably closed now, so you'll have to go in the morning. It sounds like you are all prepared.

 

I know its £35 but because my mum is on benifits we should be able to claim that back

[bs0lth]

Right wish me luck Im off to phone capstone again...

 

I managed to fax the stuff through to them, via an internet fax site... email to fax, Ive been all over the place and nobody sends faxes for you here not even the library...

 

I will update you...

[Ell-enn]

If you have any trouble with the fax, you can email it to me and I'll fax it for you in the morning.