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

[bs0lth]

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

 

They lied about when it was stopped, they said at 9am... however, the letter from the court stated 3.07 pm

[Lea_HTH]

You definitely need a solicitor - because my advice would now be to get the suspended possession order set aside. Obviously I don't have all the details, but if your mother was ill at the time of the initial possession hearing, and was unable to defend herself due to her health issues, then the granting of possession would not necessarily have been fair or just. In respect of that I would be minded to instruct a solicitor and make an application for a set aside. If Capstone want to defend that, they would be entitled to, but I think, if your mother's health was an issue at the time, that it is likely the SPO would be set aside and Capstone would have to re-issue proceedings. By that time you'd almost certainly have cleared any arrears and they would then not gain any kind of possession order.

 

In addition, I'd be making a claim for expenses involved in putting in the stay application. Capstone could have withdrawn from the eviction at any time prior to you paying for your application and they chose not to, only withdrawing once proceedings were issued.

 

You are not going to be able to do that alone and will require a solicitor - but you are on the right path and have done very well thus far.

[bs0lth]

Hi Lea

 

Im looking at solicitors now, can you answer me one question thats keeps going round in my head

 

If we get all of the arrears paid off, does the suspended order still keep going, or would we have to get it set aside? because for the next couple of months Im going to try to pay off as much as I can. Im shocked that £2500 or the "arrears" are charges, and there is at least £400 for the insurance we didnt ask for as well. I just wondered if it went away when everything was clear or if we had to get it cleared.

[bs0lth]

I have just read your post again, I keep having to re-read everything, My mum must have defended the orignial hearing herself, as far as I can tell, I found some of the original documentation from that hearing. She was sick at the time, and on ESA. I really dont quite understand what she has done and hasnt done.

[Lea_HTH]

An SPO will remain in place until it is discharged - this can be done by the claimant, but it's not in their interests to dispense with it, so frequently they don't, in the expectation that the defendant will default again and they can just move to a warrant of execution. Anyone who has been subject to an SPO, once it is satisfied, should apply to the court to have the SPO discharged (set aside is something altogether different, and relates to when the SPO should not have been granted in the first place).

 

You can claim the charges back - there are lots of threads on here that will help you with that, but it's not really your priority right now - what is important is distinguishing the charges from the arrears, so you know what has to be paid and what will be the subject of your action against them in the future.

 

I've had a look back at your mum's previous posts and none of them relate to mortgage possession hearings, so she probably didn't write about them on here. If, as you say, she was unwell at the time of the previous hearing, then my previous advice stands; it is important for you to engage a solicitor and for the solicitor to make a case based on the possibility that your mum did not have the capacity at the time to deal with the matter effectively. It is not an argument I'd suggest you try running by yourself (too detailed and complicated and requiring statements from experts) and would strongly advise you to discuss the issue with a solicitor first.

 

I can only give advice on the basis of the information you give me here - and without having sight of all the paperwork I cannot be absolutely definitive about your situation, hence advising you to contact a solicitor to now take all of this forward.

 

You have done brilliantly, but now you really do need the help of a professional to move it all forward and perhaps even get the SPO set aside completely.

[bs0lth]

hi Lea

 

Thanks for your reply, you have made the muddy waters Im swimming in so much clearer at the moment. Im buzzing with what needs to be done, and your completely right, I just do not have the knowledge to tackle something like getting the judgement set aside, the whole process so far has terrified me but because ive been able to talk about it and ask the silly questions Ive at least been able to logically put it together. Im reading everything I can at the moment on this site, other peoples fights and outcomes are pretty inspiring.

 

I found this on the profile page, i really should open my own account and use that but it sort of keeps everything together http://www.consumeractiongroup.co.uk/forum/showthread.php?211056-I-know-this-is-a-last-minute-attempt-but-can-somebody-please-help-me..-due-in-court-on-Monday&highlight=

 

The paperwork is a nightmare, trying to find stuff, I was very lucky that I found the file with the previous docs in and that was by accident looking for something in a box by the pc. Ive been in her room and found what looks like 7 storage boxes of unopened letters and there are bags of letters as well, Ive been able to get to the post because shes not around at the moment and Im dreading her getting to it first in the future. its going to take months to sort out the mess. its really funny talking about the letters, she had her ESA medical and got the report which says has no problems communicating and with letters... she doesnt she just hides them...

 

Im not going to rush into things, I know that the charges can be reclaimed at a future date, I need the insurance issue sorted,and getting the arrears sorted, and then taking it from there. my Aunts going to phone her solicitor on monday to ask for help. she has a pretty good relationship with him so Im hopeful if he cant help he will point us in the right direction.

 

Actually now the pressure is off slightly, i.e we are not being evicted on monday, I think Im quite enjoying trying to be proactive and sort things out. as I said though I just wish I had known how bad it had got, and wish that she had talked about it...

[bs0lth]

Hi again Lea

 

Ive been reading though the thread, I posted the link her, that my Mum wrote earlier. Ive looked at the figures she was quoting at the time, the arrears then looked like it was £2824 it was more because of the charges but the actual arrears looks to be this figure.

 

Now going to my figures as things stand, I reckon she is now in arrears of £2125.. yes I know there are charges on there and the flipping insurance, but going with the definate figures I have Is £2125 which means shes actually reduced the arrears by £700 since november 09 which ok isnt a lot but its going in the right direction. What seems to be going in the wrong direction are the charges that seem to be blowing the arrears out of all proportion. I need to do more reading...

[Kitten1]

I just wanted to post to give you a big hug and a pat on the back. You are doing tremendously well with what you are faced with.

 

I don't have any real advice I'm afraid. I'll leave that to the experts!!

 

Good luck and I'm thinking of you xxx

[bs0lth]

Hi Kitten,

 

I think if it was me looking at anybody elses posts I wouldnt be able to help either... I shocked at how much help Ive had and I never in a million years think I could learn as much in three days.

 

Im eyes are boggling mind you with the thoughts of all this, and reading this site is addictive.

 

but Ive read some pretty interesting stuff thats going to help in other areas as well.

 

thanks for your Huggs...

 

xx hol

[caro]

Just wanted to add my support too. Don't underestimate the value of moral support Kitten and well done to you bs0lth. Your Mum should be very proud of you.

[bs0lth]

Hi Caro

 

Its been all of the support thats got me through the last week, as well as specific support, other wise I would have been in the bed next to mums.

 

But tonght Im going to act my age, Im just about finished work, and then Im off out...

 

Hangover here we come..

 

I will be back on tomorrow, hope everyone has a good night, and thanks again xx

[caro]

Good for you bs0lth, lol. In my case I find it more fun to act my shoe size than my age, but have a good night out. You deserve it.

[Lea_HTH]

I've just had a quick read through the thread you linked to - and it appears the original SPO was granted in 2008 in your mother's absence. Whether it can be set aside or not will depend on precisely what she was told at the time, whether she relied on that information (she obviously did), and whether it caused a detriment to her; the main query would be whether her mental health problems would have caused her to not be able to deal appropriately with the situation at that specific time. Going on the posts in the thread in 2009, she was coping sufficiently to ask for help. If 2008 was similar, then there might not be grounds to set aside. But ALL the paperwork and ALL the details will need to be examined by a solicitor in order to establish whether or not she has a chance of success.

[Ell-enn]

I've gone back over your mum's posts too and I now remember helping her in July 2009 (thought I recognised the user name) - but she never updated the thread after posting mid Oct 09 that she was in court the next morning

[terriersaregreat]

Good morning! Hope you had a great time last night.

 

Read up to date. Why do lenders take this cruel path in dealing with the vulnerable? Past experience has shown me that if you show them any weakness with these people you're in trouble. They truly are vile creatures that should be ashamed of themselves.

 

The answer to it is use this site and GET MAD AND GET MORE THAN EVEN, MAKE THEM PAY, BECAUSE THAT'S ALL THEY UNDERSTAND!

 

Sorry just hate bullies and your Mum has obviously suffered so much as a result of their pressure. She has a treasure in you, lucky Mum!

[bs0lth]

Hi Caro,

 

I feel ill... and acted my shoe size and my age last night. Ive been in bed most of the day, I really really needed it to stay in bed and not think about anything and read my book. I dont feel well ...

 

HI Lea

 

I really have no idea whats been going on, My mum really didnt want to worry me although I feel like Ive been hit with a brick at the moment.. I need to sort all of this out, I have been talking to my Aunt shes phoning her solicitor in the morning to see if there is anything they can do... however, I need to sort out some of the paper work, but thats going to take forever...

 

Hi Ell-enn

 

I was shocked to read through the previous postings, I still need to take it all in again....I think that she thought she was well enough to handle it herself, shes been ok for a while, it was the death of a friend I think that started off this downward spiral, and then the financial stuff got to her big time...

 

Hi Terriersaregreat.

 

I had a great night, I just left it all behind and met up with friends and it was really nice. but Im suffering today, I really should have been a bit more careful but it was so good to be out and about.

 

I have to get my head into gear, I know that the court wrote to say the eviction has been cancelled, I just need to look at everything else, but I really want to leave it to tomorrow so that I can just have a day off, but I cant let it slide now, Im sick of whats been going on... your right about them trying to bully us... I just feel like they cant believe that they just dont care. I know we should have paid but then there are mitigating circumtances at this point.

[caro]

You've done brilliantly and have earned a day in bed. I'm not surprised you let your hair down and feel ill with all you've had to deal with, but drink plenty of water. It works wonders to clear the head and the toxins out of the body, and if you haven't eaten have something decent.

 

Sorry this isn't the help that others can give with the practical problems, but you need to look after yourself to keep strong and carry on for you and your Mum.

[bs0lth]

oops sorry ediited this cos I posted it twice...

Edited April 3, 2011 by bs0lth

[bs0lth]

Hi Caro

 

Ive eaten and drank loads of fluids, my heads just turned off today, I havent wanted to do stuff today, but Ive been outside and feel a lot better. Im just trying to get my head round all of the stuff I need to do. but Im a lot happier today, just sitting watching tv at the moment.

 

I have loads of questions to ask, but I will get round to doing that in the next couple of days. I am just so greatfull for all the help Ive had so far. Lea has answered a lot of my questions which has put my mind at rest, and has given me a plan of action to do this week.

 

Thanks for your words of encouragement I appreciate it.

[terriersaregreat]

Good morning! It's going to be a much better week this week! Glad to hear you took time out, your mind and body needed it.

 

Believe me life throws lots of stuff at you I speak from experience. We are supposed to be a civilised, humanitarian society and take care of those that are in need. With a little helping hand now and again almost everyone can climb that hill.

 

This is and is going to be a special journey. With all the expert advice from this forum you will succeed I'm sure.

 

Stay positive.

[mrbigjase]

Well done!!!!!!!

[Desperate Daniella]

Hi,

 

I'm just catching up as I was away for a few days.

 

I'm glad you had a silly night out - even if you did feel rough the day after. You deserved it after everything you had to deal with last week.

 

DDx