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#repossessions : Acenden / Capstone Please its driving me to a break down


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Hi i have amortgage with acenden / capstone / preferred balanace about 35000.

 

arrears are £9000 approx that are maid up mainly from charges and them paying my ground rent arrears.

 

I have been to court about 3 years ago and got a susppended possesion order paying £250 pm extra on top of my mortgage.

 

About 2 years ago they applied for eviction but i won and the court agreed a lower £150pm extra payment.

 

I have been paying this amount since but just before christmas my wife needed gall bladder surgery so was off work. We have been paying our payment late every month on the 23rd instead of the 1st due to thats when we get paid. my wife got paid later last month so i owe£150 + mortgage paymen.t I have just recieved a tlt solicitors letter stating they have applied to the court for a eviction date.

 

My dd went on the first of april so that all i owe on my arrangment is £350 ( £150 +mortgage payment).

 

I have offered to bring my payment arrangment upto date today but they will not continue with my arrangment, they are telling me to make a offer of lump sum and also saying that £150 will not be enough per month for them to stop eviciton.

 

Is it possible to get a eviction stopped again or am i screwed, all i can think of is my 2 year old, i will bring my payment arrangment upto date today but they are no0t happy with this please help me

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Hi i have amortgage with acenden / capstone / preferred balanace about 35000.

 

arrears are £9000 approx that are maid up mainly from charges and them paying my ground rent arrears.

 

I have been to court about 3 years ago and got a susppended possesion order paying £250 pm extra on top of my mortgage.

 

About 2 years ago they applied for eviction but i won and the court agreed a lower £150pm extra payment.

 

I have been paying this amount since but just before christmas my wife needed gall bladder surgery so was off work. We have been paying our payment late every month on the 23rd instead of the 1st due to thats when we get paid. my wife got paid later last month so i owe£150 + mortgage paymen.t I have just recieved a tlt solicitors letter stating they have applied to the court for a eviction date.

 

My dd went on the first of april so that all i owe on my arrangment is £350 ( £150 +mortgage payment).

 

I have offered to bring my payment arrangment upto date today but they will not continue with my arrangment, they are telling me to make a offer of lump sum and also saying that £150 will not be enough per month for them to stop eviciton.

 

Is it possible to get a eviction stopped again or am i screwed, all i can think of is my 2 year old, i will bring my payment arrangment upto date today but they are no0t happy with this please help me

 

Bring the agreement up to date. If they apply for a warrant of eviction, put in a stay application and point out in your application that you were behind with the agreement due to your wife's ill-health (provide proof) and that you have now brought the agreement up to date.

 

It is extremely unlikely that a judge will allow an eviction to go ahead on the basis of a period of provable ill-health leading to missed payments that have now been paid.

 

If your arrears have somehow increased since the SPO, then you ought to go through the paperwork thoroughly and add up any charges and remove them from the arrears figure provided to you - only actual arrears should be presented to the court as arrears, not charges or fees.

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Hi, let us know if you receive an eviction notice and we can help you defend.

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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.

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Hi I have been away for two weeks and arrived home today. Its here (the evicition notice) date of eviction is 13 june so i have to act fast. Ell-enn can you help me defend plaese.

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Hi there, I cam help you with the N244 - you will need to get it to court in the next couple of days in order to get a hearing before the 13th. Let me know when you're ready to start :)

 

You had a thread back in 2009 http://www.consumeractiongroup.co.uk/forum/showthread.php?213298-Capstone-applied-for-a-warrant-for-eviction-please-help&highlight= was an eviction warrant served then?

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Hi I had a suspended possession set at £250 pm on top of mortgage payment. I missed a couple of payments and capstone enforced the warrant. I went back to court and the judge agreed £150 pm extra was more realistic. I have maintained this but my wife has suffered with gall stones and ended up having a operation. My account has been running late by one payment for a few months. I asked capstone if I could change payment date to 25th as when my payment becomes due on the 1st I have been paying it on the 23rd. But they said no and continued chargeing me £115 pm. On the 14th of April they called and said my april payment was not made there and then they would enforce warrant.,

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At the property is myself and my wife and two kids. We have a ongoing complaint with the fos. Capstone offers a very small settlement and fos recommended it go to a final adjudicator for a decision. It's still going on. My arrears are made up from charges and do not reflect what capstone are saying.

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Hi, ok you need to get an N244 done. I can help you with the statment to go with it but will need to do it tomorrow - is that ok?

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So you just need a statement for Q10 of the form?

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OK, will post it on here shortly. Is the mortgage in joint names?

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Hi, affixed is the statement to go with the form. You need to enter the info where there are XXX's in the statement (remove the xxx's). 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. Read through the statement carefully to make sure it is correct.

 

On your budget sheet, write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

These are the instructions for the rest of the form:

1. Your names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

Now assemble as follows:

N244 - signed

Statement - signed

Budget Sheet - Appendix 1

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you take it to the court you will need to pay a fee of £40.00 and it will need to be in cash. The court staff should be able to give you a date for the hearing while you are there.

Maye1981 N244 statement.doc

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OK, let us know when the hearing is.

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Just a thought as I was in a very similar situation to you, can you take receipts of payment/bank statements in with you showing the date you pay every month as this would stand you in good stead with the judge and if he is as decent as mine was will change your payment due date. I was very lucky I didnt have any physical evidence but their solicitor was very sweet and confirmed that all payments were made around the same date every month and the judge changed date there and then, this also prevents them being able to whack on £115 every month.

Another thing that I have learnt is if you pay over the phone apart from the fact they will charge you £5 for the privaledge, is that it can take 3 days to be added to your account, if you pay using their online system, the date you pay is the date shown on your account. Hope that helps a little.

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Hi thanks ell for your help and fast response and thangs slgsue for your advice.

 

Date for hearing is on 10th, my 30th birthday so not a great start.

 

If it does not go my way will the court allow me more time to find another property or will I still get evicted Monday.

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I'm sure you won't need to do that - you are able to commence payments, you have a complaint with the FOS regarding the arrears charges, and the arrears they are claiming is made up almost entirely of charges. There is virtually no chance a judge will give possession in your situation.

 

However, if by some small chance the hearing does not go in your favour you should aks the judge for leave to appeal then go straight to the court counter and ask for an N161 form to ask for an appeal hearing in front of a circuit judge.

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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.

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Hi my inbox isn't full

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.

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Hi in court in the morning, totally forgotten but how do I address the judge? Also when I was at reception the lady crossed out 15 minutes on the n244 and write 5 minutes. She also said wow my 7 acenden this week and it's only Wednesday.

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A few tips for tomorrow - you should arrive at the court in plenty of time. If there are any free legal representatives there, approach them and ask for their advice. They can accompany you into the hearing if you wish. Sometimes the representative for the other side will ask to speak to you, it is up to you whether you do or not. If you do, and you feel intimidated at any time, just end the conversation by saying you would rather wait for the judge to decide.

 

The hearing will take place in a private room with just the judge, you and a representative from the other side. It is usually conducted around a table, like a meeting. The public are not admitted. As this is your application for a hearing the judge will speak to you first and explain what is going to happen. The judge will know that you are nervous and they are usually very good at guiding you through the process. If you have to address the judge it should be Sir or Madam – and don't interrupt them when they are speaking!. The whole procedure should take no more than 5 or 10 minutes.

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.

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