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

[Ell-enn]

If I were you I'd go to the court first thing on Monday morning and check the eviction is cancelled. It wouldn't be the first time that a mortgage company hasn't got the cancellation request to the court in time ! It's just too risky to trust them, you need to make sure.

[bs0lth]

Oh another question, the mortgage company has just asked me to go into an arrangement with them and they have asked for my income expenditure...

 

Do I have have to do it,

 

Do I have to enter and agreement with them

 

Im still fuming with them over the insurance. looks like Ive lost the 700 I was hoping to knock off the arrears.. ah well but got £400 off

 

Im starting to understand just whats pushed my mum over the edge, you just cant reason with this company at all.....

[dx100uk]

Oh another question, the mortgage company has just asked me to go into an arrangement with them and they have asked for my income expenditure...

 

Do I have have to do it, NO

Do I have to enter and agreement with them - unsure how much is owing [minus chsarges + insurance]

Im still fuming with them over the insurance. looks like Ive lost the 700 I was hoping to knock off the arrears.. ah well but got £400 off - why?

 

Im starting to understand just whats pushed my mum over the edge, you just cant reason with this company at all.....

 

 

dx

[dx100uk]

right I want to swear now,...Flipping flipping capstone... what a bunch of thieves. I cant believe it... OHG!!!!

 

Ok, I posted the last post while I was on hold, but what an evil bunch of whatevers.

 

they told me that the eviction has been cancelled... This was of course after I did all of the work and submitted everything to the court today.

 

Total Charges lumped in with the arrears is.. wait for it £2515

Insurance so far this year that they are now saying they have proof of my insurance is... £400 paid

They dont have documentation for last years insurance, I need to try to get a hold of that now cos god knows where Mums put that.. so thats 12 payments of £50.77 which if my maths is right £608.24 to come off the arrears.. so the amount of actually arrears is £1490 which is a hell of a lot less than £5k The actually arrears on the loan account is £280 instead of £1020 so somewhere along the line they are trying to fleece us.. and I use us now cos this is personal now.. very very personal.

 

I might just be able to do something about clearing the arrears off over the next couple of months totally, but I refuse to pay for insurance that Ive all ready paid for and the horrendeous charges...

 

and please DON'T FORGET

 

you can reclaim ALL OF THEM + any interest they have levied on them

+ YOU ARE ENTITLED to 8% stat int from the date of each charge to the date of your claim.

 

use:

 

http://www.egalegal.com/compoundWindow.html

 

dx

[Lea_HTH]

Its getting better,

just had a call from capstone to say the eviction is cancelled...

 

will the hearing still go ahead?

 

The hearing is under your instigation - you should go ahead and go to the court on Monday and be heard. Whether Capstone turn up or not is not your problem - you need to have the whole process stayed in order that you can backtrack for your mum and perhaps even get the original suspended possession order set aside, so proceedings can be started afresh with you acting as your mum's litigation friend, (or preferably with a solicitor instructed to act on your mum's behalf).

 

I am still firmly of the belief that you have an overriding interest in the property - you have said you have made payments towards the mortgage, and that you used to give your mum money towards the mortgage - it obviously hinges on your mum's intentions, but really this is also an argument that you could be putting forward to the solicitor to look at, and, if successful, you should be applying to be joined to the proceedings.

[Lea_HTH]

Insurance documents you should be able to get from the insurance company.

[Lea_HTH]

No, you don't have to give them your income and expenditure - you are acting on behalf of your mother, and they simply have no right to pry into your income - what you decide to pay on your mum's behalf is your concern, not theirs. What they can ask for is a copy of your mum's income and expenditure, which could include a contribution from you - however, any contribution from you towards the actual mortgage may affect your mum's benefit. You need to be careful what information you hand over without first ensuring that it is not going to be causing you further difficulties.

[Lea_HTH]

My suggestion would be that you do not need to enter into an agreement with them - you can pay the mortgage and loan (if you can) and, as and when you can you should pay something towards the arrears. Don't forget that you are acting on behalf of your mum, you do not suddenly become a party to the mortgage or loan contract just because you are helping your mum, therefore any agreement you make is on behalf of your mother, not on behalf of yourself.

 

I appreciate that people are saying you should claim back the charges, but again, you are acting on behalf of your mother, and there is only so much that you can do by yourself. Find out as much information as you can, get the statements etc, work out what are arrears and what are charges, and then find a solicitor that you feel comfortable with and let them act for your mother - this situation is far more complicated by your mother's ill health than is obviously apparent (she may well have a very good defence which needs to be explored by a solicitor - and as I have said previously, you may also have an overriding interest).

 

Your mother should be entitled to legal aid, so please explore the possibility of instructing a solicitor.

[bs0lth]

I am so pleased that I dont have to enter into an agreement with them and give them my information.... I just dont trust them. right if its right what they were saying that I wasnt charged insurance last year it means the arrears are £5k minus 2500 charges and then £400 over paid insurance which makes is £2090 roughly, I would need full statements to make sure. But what is confusing is that they just add the insurance to the mortgage, they dont class it as seperate. Ive just come across a letter from them for the next three months saying your mortgage payment is £515 per month, when after investigation its £450 + £50 insurance... I need to go back over everything....

dx

[bs0lth]

dx

 

If I were you I'd go to the court first thing on Monday morning and check the eviction is cancelled. It wouldn't be the first time that a mortgage company hasn't got the cancellation request to the court in time ! It's just too risky to trust them, you need to make sure.

 

I was going to go, just to make sure that it is cancelled, I really really dont trust them, and if they said that they cancelled it this morning at 9am would the court have let me file the N244?

[bs0lth]

dx

 

No, you don't have to give them your income and expenditure - you are acting on behalf of your mother, and they simply have no right to pry into your income - what you decide to pay on your mum's behalf is your concern, not theirs. What they can ask for is a copy of your mum's income and expenditure, which could include a contribution from you - however, any contribution from you towards the actual mortgage may affect your mum's benefit. You need to be careful what information you hand over without first ensuring that it is not going to be causing you further difficulties.

i realisd that, it may effect her benefit, we declare exactly how much I give her, her mortgae interest payment has been reduced because I am here.. I really need to sit and work hers our, but I still havent got access to her bank account, I need to do that next week

[bs0lth]

My suggestion would be that you do not need to enter into an agreement with them - you can pay the mortgage and loan (if you can) and, as and when you can you should pay something towards the arrears. Don't forget that you are acting on behalf of your mum, you do not suddenly become a party to the mortgage or loan contract just because you are helping your mum, therefore any agreement you make is on behalf of your mother, not on behalf of yourself.Hi Lea, I was scared of giving them my information, ive said all along to them that I would pay the mortgage until she could talk to them to work out what was happening, I can cover it by myself for a couple of months to keep things going but im going to have to sort the other stuff out as well. I know if I leave it to her that shes not going to do anything about it and we will be in the same position in a few months time...

 

I appreciate that people are saying you should claim back the charges, but again, you are acting on behalf of your mother, and there is only so much that you can do by yourself. Find out as much information as you can, get the statements etc, work out what are arrears and what are charges, and then find a solicitor that you feel comfortable with and let them act for your mother - this situation is far more complicated by your mother's ill health than is obviously apparent (she may well have a very good defence which needs to be explored by a solicitor - and as I have said previously, you may also have an overriding interest).

 

Your mother should be entitled to legal aid, so please explore the possibility of instructing a solicitor.

i totally appreciate what your saying, I cant sort this out myself, I just dont have that sort of brain, I need to talk to my Aunt about her solicitor, hes dealt with loads of stuff for the family and maybe he can help us or recommend somebody that can help us...

Capstone also asked me to pay via direct debit, I said no, i would pay into their bank account so that I had proof that it went in and I paid it, they said that from the 1st of April there is a £5 charge for paying over the counter, or by debit card... they said that the only free way to pay is by direct debit.. or by the internet, but you need to set up an account and only one person can be named on it and only their cards can be used.

 

I really dont want to give them any of my details, I didnt want to be a party to the mortgage... mind you saying that I really really really want to sort this out for her, and the good bit about this whole thing is that I know exactly what shes dealing with now... I think Im going to ask her to write a proper letter of authorisation not just covering me for this period in time so that when she cant cope with talking to them I can.

[terriersaregreat]

I've been reading all your probs this evening. I feel so sorry for you, but Wow have you got to grips with it. What fantastic help you've had. only thing I can add is surely if you have their bank details and you bank online you simply make a payment into their account. Most banks have online banking. sorry if this sounds stupid but trying to help. You should be very proud of your detemination to get through this.

[Lea_HTH]

You can just pay them via your own bank account - you do not have to set up a direct debit, you are not in a contract with them, your mum is. If you are able to set up a direct debit from her account, and then pay your own contribution to that into your mum's account, then that would work too. But they are not entitled to any of your information...though setting up a direct debit from your own account to the mortgage and loan accounts shouldn't cause you any particular difficulties. So long as you retain your own bank statements showing where and when the payments went out, there's no problem.

[bs0lth]

I've been reading all your probs this evening. I feel so sorry for you, but Wow have you got to grips with it. What fantastic help you've had. only thing I can add is surely if you have their bank details and you bank online you simply make a payment into their account. Most banks have online banking. sorry if this sounds stupid but trying to help. You should be very proud of your detemination to get through this.

 

Hiya thaniks for your comments, I cant believe the help , Lea, Ell=enn and Dx have been unbelievable, and their help has made me more confident about taking this one. In the last two days Ive had more help thank I could ever imagine. I couldnt have done any of this without them. Whats amazed me is that I dont know the people that have helped and they have done it without knowing me, and I will be eternally grateful.

 

Its strange, I didnt know about this site but my mum had, Im using her account because it automatically logged me on when I tried to look at something, and it made sense to keep it under her name so at least she can see what I have said etc.

 

Ive had a journey and a half over the last couple of weeks, but I can see a little glimmer of light at the end of the tunnel now, Ive just got to convince my mum that its there and worth going on to get out into the sunlight.

 

thanks again..Hol

Edited April 1, 2011 by bs0lth
typo

[bs0lth]

You can just pay them via your own bank account - you do not have to set up a direct debit, you are not in a contract with them, your mum is. If you are able to set up a direct debit from her account, and then pay your own contribution to that into your mum's account, then that would work too. But they are not entitled to any of your information...though setting up a direct debit from your own account to the mortgage and loan accounts shouldn't cause you any particular difficulties. So long as you retain your own bank statements showing where and when the payments went out, there's no problem.

 

Lea,

 

I am going to my mums bank on Monday, I really need to get access to see whats happening with it, whats in there, I normally give my mum cash to put into the bank, thinking about it logically, I have their bank details I could set up a standing order from my Mums account to theirs, all I would need to do is put the cash or transfer the money over to make sure its paid. It would also mean that I wouldnt get charged the £5 they are now charging for cash deposits or debit card payments.

 

I just hate the idea of giving them my bank details, and this would solve that problem. Im pleased I dont have to disclose anything to them.

 

another positive thats happened, Ive talked over this with my Aunt and my Nan, both of them are shocked at the state of my Mums affairs, and they have agreed to help me cover the mortgage and loan for the next few months, both of them have said they will try to help us pay off the arrears as well to get this sorted. mind you once thats sorted I have the other mess to sort out. If I can get as much done before mum comes out of hospital I will be really happy, it might make more difference than anything else.

 

Thanks for your help by the way, i really appreciate it.

[Desperate Daniella]

bs0lth,

 

You have been fantastically strong. Good luck for Monday.

 

DD

[bs0lth]

Hi DD.

 

Im not strong, Ive been in bits, if you had seen me three days ago I was a complete wreck, the journey has been so frustrating and if I hear the words, Data Protection Act again it will be too soon.

 

But after all the fantastic help so far Im actually sitting here watching TV and feedling pretty calm... but its all been necessity I need a house for my mum to come home to, I just hope that all Ive done so far will make her feel strong enough to get though what shes feeling..

 

Im not looking forward to the hearing on monday.. BUT I now feel confident enough to go there and sort it out. and If I can help even one person thats going through this with my account of whats gone on I will be so happy. I cant be the only one that this has happened to.

 

Hol

[terriersaregreat]

Try not to worry too much about court. You are an intelligent, caring person trying to manage her sick mother's affairs in her absence. My experience of courts is that they will appreciate this and your honesty.

 

Try and have a bit of relaxation this weekend.

 

Take care and good luck. Will be watching to see the outcome.

 

The best thing about this forum is the help from experienced people. Thank you, I've already used some of your advice.

 

You finally realise that you are not going mad dealing with these monsters that have no logic and that there are so many people out there with major probs. No one needs to feel alone.

[Lea_HTH]

Glad your aunt and nan are helping you out - it's always good when families stick together and try to help each other out. Your mother's illness probably prevented her from being able to ask for help, and fortunately she's going to get assistance with her health whilst in hospital, and will hopefully come out better able to cope with these financial issues - and if not, she's got a very capable daughter to help her!

 

You've done well so far - as the poster above says, try to relax and enjoy the weekend, I feel sure that things will go your way in court on Monday. Just take one step at a time.

[Desperate Daniella]

I agree with terriersaregreat.

 

The Court should recognize the situation and see that you are being such a good daughter in trying to resolve your mum's muddled affairs.

 

Unfortunately, the banks and DCAs have no concern for anything other than trying to grab money, and a house repossession would have been a major triumph for them.

 

I was in a terrible state when I discovered CAG in 2008. I couldn't see how I would ever cope, but I learned from the site and learned to throw all the rubbish back at the DCAs.

 

I'm glad you say you will stick with the site. Some people have their problems solved (which is brilliant) and move on, but if you can help others with your experience (and yours shows what actually can be done in a very short time) then it would give hope and encouragement to others who will be facing something similar.

 

When I was going through my nightmares I just knew that there must be other people in a similar situation but I hadn't a clue how to find them, and then I came across CAG, and thank God I did. This site is a true lifesaver.

 

Good luck for Monday and please post as soon as you get back as we'll be waiting. When I had to go to Court I couldn't believe that I was getting messages asking how I'd done even before I got back, and that is not unusual on this site. People really will be thinking about you on Monday morning.

 

Try to relax as much as you can this weekend.

 

DDxx

[bs0lth]

Hi Everyone, thanks for all your encouragement, this is just a quick update I need to leave for work in a few mins.

 

We have had two letters this morning, the postman has just been, one from the court saying that at 7 mins past 3 yesterday afternoon the mortgage company faxed them and withdrew the Eviction. along with that was another letter from the mortgage companies solicitors saying that the eviction appointment had been withdrawn.

 

I dont know what to do from here, I feel a bit cheated it feels like they only withdrew after I filed, they had said nope its going ahead to me no matter what the day before, then they said it was too late to cancel and all of that rubbish.

 

I had got it into my head that at least this was a formal way of going forward for the next couple of months.

 

So does this mean I dont need to go, if the letter is from the court then I suppose its safe enough to not go.

 

and does this mean Ive won this round of the fight with them, we still have our house for the time being... (Huge weight lifted off my shoulders)

 

But I wanted to go:-D

[bs0lth]

Lea,

 

I know I now need a solicitor, and Im going to need help with a defence. I need to get the insurance issue resolved, but I will post a letter off to them to tell them to get it sorted, thats will reduce the arrears. I will look at the templates etc tomorrow and get a SAR to them for both accounts to see exactly whats been going on there. do I need to ask for all the information they have on their computer. Daunting this is going to be but I feel so more optimistic than I did at the beginging of the week, and I have the time to try to sort this rather than having to spend tomorrow trying to pack up the house.

 

Right Im off to work now, I just wanted to sleep this morning, never mind I will keep you posted.

 

thanks for your help

 

Hol

[bs0lth]

Hi DD

 

Just another quick note, I am amazed at the knowledge the people of this site have, I realise that had I not found the site when I did then I would never have been able to sort out all of this this week. relief. My mum must still come onto the site, as I said her password was stored so it logged me on, but I dont know if shes been helping or just lurking and reading. I have subscibed to the twitter feed, so Im getting all of the updates on my phone now, so going to keep reading. I dont know what I can contribute but you never know.

 

Im pretty happy today, but this is going to be an uphill struggle, i may have got away with it this time but if I cant help sort it out its not going to be long before they are doing the same again. God, nightmare, but never mind one step at a time and the future may just get better. because if its good for mum its good for me.

 

Thanks again.. thats me away to work...

 

Hol

[bs0lth]

just got a letter from the court and their solicitors... its been stopped

I was going to go, just to make sure that it is cancelled, I really really dont trust them, and if they said that they cancelled it this morning at 9am would the court have let me file the N244?