Repossession notice received! - **WON - SUSPENDED!**

[on*the*case]

He concluded that the hearing would be adjourned for a fortnight in which time I need to 'chase the DWP HARD' to get them to complete the MI12 application.

 

So I have 2 weeks, obviously I have to get in contact with DWP but is there anything else that needs to be done? What about the actual eviction itself due to be on the 9th, I'm guessing that it will be cancelled?

 

Thanks for everyones help and comforting words, the battle was won but the war continues.

 

Well done. The eviction on the 9th is cancelled. If it all went horribly wrong at the resumed hearing, then a fresh time and date for the bailiff appointment would be required. As the Judge said 'chase the DWP hard'.

[Silverado 2011]

Me again, I got the decision of the MI12 through the post and I think I'm very happy with it. I'll post up some figures and if anyone has any feedback then I'd be grateful. I'm hoping that I can get Capstone to suspend the repossession based on this.

 

Firstly the level of arrears. I have reconciled the arrears to Capstones statement. The total amount of arrears is £10,012.20 which is broken down as follows:-

 

£7923.84 - Mortgage arrears

£1270.00 - Charges

£818.36 - Management fees? (I have checked with the management company and no fees have been paid on my behalf)

 

The MI12 ruling has said it will pay £133.07 per week backdated to 9/6/09. This should pay out a nice lump sum of around £4,500 which immediately reduces the arrears to around the £3500 mark.

 

Now, in another twist, I received notification from Capstone that my mortgage repayments had changed from £620.41 per month to £341.02 per month as I'd moved from fixed rate to variable. So with this in mind, £133.07 per week is pro rata'd to be £576.63 per month. Hence there is a surplus of benefits to mortgage repayments of £235.61 per month.

 

This means that the outstanding arrears of approcimately £3500 could be repaid in about 15 months assuming that there is no change in the rate of interest.

 

I know that there's a lot of information to digest in this post but do you think the judge/capstone would go for this?

[Ell-enn]

I know that there's a lot of information to digest in this post but do you think the judge/capstone would go for this?

 

That's good news about the back payment. However, I would try to get Capstone to capitalise the remaining arrears as I'm sure (and happy to be corrected), that the DWP will only pay the current installment amount - if your monthly payment goes down Capstone will advise the DWP and they will pay the new amount. If the arrears are capitalised then your monthly payment will be taken care of by the DWP and there will be no arrears.

 

We can put all that into your statement for the next hearing. In the meantime you need to write to Capstone (by recorded delivery) asking them to capitalise the arrears. If you need help with the letter let me know and I'll draft one for you.

[Silverado 2011]

We can put all that into your statement for the next hearing. In the meantime you need to write to Capstone (by recorded delivery) asking them to capitalise the arrears. If you need help with the letter let me know and I'll draft one for you.

 

Yes please a draft would be great.

[Silverado 2011]

Yes please a draft would be great.

 

Just bumping this, sorry to be a pain but it'd be great to get a letter in the post regarding capitalising the arrears.

 

Also should I submit a statement to the court regarding the MI12 decision it at the hearing next Tuesday or should I do this before the hearing?

 

Thanks for any help.

[Ell-enn]

Hi, I'll draft you a letter later this afternoon (at work at the moment). You can take the statement re the mortgage interest relief payment to the hearing. I'll draft something for that too.

 

 

Ell

[Silverado 2011]

Hi, I'll draft you a letter later this afternoon (at work at the moment). You can take the statement re the mortgage interest relief payment to the hearing. I'll draft something for that too.

 

 

Ell

 

Thanks and sorry for all the pestering, I really appreciate the time and effort you put in here.

[Ell-enn]

Hi there, affixed is the letter to Capstone. You need to send it tomorrow by recorded (or special delivery if you can afford it). Enclose a photocopy of the MIR letter and also keep a copy of the letter with the proof of posting. Check on the royalmail website in a few days to print off the signature receipt. Staple the signature receipt to your copy of the letter and MIR doc. You will need that to go with the statement for court.

 

Ell

Jopea Letter.doc

[Silverado 2011]

Brilliant stuff and many thanks Ell-enn

[Ell-enn]

You're welcome Let's see what they come back with. We can do the statement for court at the weekend.

[Silverado 2011]

Capstone called today.

 

They asked if I was in a postion to repay any of the arrears so I explained that I had written a letter to them on Monday, using next day delivery, stating I was receiving MIR payments and that I had requested the arrears to be capitalised.

 

They said that they would need to complete an Income and Expenditure calculation and I replied that it was irrelevant as the mortgage was being paid by the MIR payments and not my income. They said that without an I&E they couldnt consider the capitalising of the arrears. I agreed to do one and explained about the back dated payment being due from DWP. They asked me to ring the DWP and ask when the backdated payment was due.

 

I called the DWP and the backdated payment of £4524.38 was made on the 8th Feb but it takes up to 5 days to get through the banking system so I called Capstone back to tell them this. They said that they would pass my details onto another department who would assess if my arrears could be capitalised. The asked me to call the DWP back and ask when future payments would be made as they needed to know when these would be paid to them, unfortunately I had to dash into town then so will have to do this on Monday.

 

Is this a good sign or just a standard response and not a significant development.

[Ell-enn]

Fingers crossed it's a positive sign - we'll do a statement for court over the weekend whatever they say.

[sillygirl1]

I think they are playing games, but I'll leave it to Ell enn to do a letter, she is brilliant at this sort of thing.

 

Good luck and hopefully the idiots will now shut up for a while.

[Silverado 2011]

Just a minor update but an update nonetheless.

 

I rang DWP to get the exact details of the payments from DWP. These break down as follows:-

 

£4,524.38 Paid on 8/2/10 - yet to be received by Capstone apparently.

£532.28 To be paid every 4 weeks thereafter, first payment to be made on 8/3/10.

 

I rang Capstone this morning with this information and had to explain everything again to another person. The first thing he said was that as of yet there was no arrangement in place to repay the arrears so I had to explain again about the MIR payments, the backdated payment and the 4 weekly payments which are higher than the monthly repayments hence the request to capitalise the arrears.

 

He said he would put forward the request and put me on hold for a while, once he returned he stated that they were unable to arrive at a decision and it would take upto another 48 hours until a decision will be made. Another 25 minute phone call with nothing to show at the end of it, so very frustrating. I'm half wondering if they're buying time until the hearing. I really dont get why they are being so obstinate, this is guaranteed money to capstone. If these MIR payments are higher than the repayments surely this has to be a good thing?

 

The adjourned hearing is on Thursday morning

[Ell-enn]

OK, let's see what happens over the next couple of days. We can do a statement for court on Wednesday telling the judge how Capstone are procrastinating with a decision on the arrears.

 

You have payment confirmation from DWP and as you say the monthly payments are guaranteed so you'll be OK in court.

[Silverado 2011]

Thanks Ell-enn for the reassuring words, as you can probably tell from the tone of my post I was getting a bit stressed with it again.

 

I think I'll head outside this afternoon, a walk in the countryside will chill me out.

[Silverado 2011]

We can do a statement for court on Wednesday telling the judge how Capstone are procrastinating with a decision on the arrears.

 

Still no word from Capstone

 

Sorry to ask this but might it be possible to do the statment before Wednesday evening as my printer has just died and I can't afford a new ink cartridge til my next giro arrives so I'll have to print it off at the Library or a friends house or something.

 

Many thanks.

[Ell-enn]

Hi there, I'm at work at the moment and will be pretty much tied up this afternoon - I'll draft a statement for you when I get home this evening if that's OK?

[Silverado 2011]

This evening is more than fine, thankyou

 

Sorry for the inconvenience.

[Ell-enn]

No problem

[Ell-enn]

Hi, I'm just drafting your statement - have you got anything in writing from the DWP regarding the lump sum and payments going forward?

[Silverado 2011]

No nothing in writing, all verbal I'm afraid

 

Except I do have a letter from DWP explaining what the payments will be eg £133.07 per week backdated to 8th June 2009. It doesnt mention the £4524.38 though as an amount.

 

£4524.38 is 34 weeks backdated amount at £133.07 per month.

[sillygirl1]

Good luck with this, also don't forget to see if you can get full closure on the arrears rather than leave the original judgement 'open'. Technically they are not supposed to do that but they do...

 

Ellenn should hopefully advise if that is possible at this stage.

[Ell-enn]

OK, on the letter you have from the DWP write the court claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the letter you sent to Capstone asking to capitalise the arrears except it will be Appendix 2.

 

Now take 2 photocopies of both of these.

 

I have affixed the statement for court - you need to fill in the details on the top part where there are XXX's (remove the XXX's) sign it and take 2 photocopies.

 

Staple a copy of the statement, Appendix 1 & Appendix 2 together this makes one pack, do the same another twice so you have 3 packs - one to hand to the judge and the "other side" at the hearing and one for you to refer to in the hearing.

Jopea statement for court.doc

[Silverado 2011]

Thanks for sorting out the statement, thats really good of you.

 

I'll push for closure on the arrears Sillygirl, that would be a dream outcome if I can get those sorted fully.

 

I'll report back after the hearing on Thursday, once again thankyou