Preferred Mortgages/ Capstone Mortgage Services. Help wanted with N244 Application EVICTION CANCELLED

[on*the*case]

Hi All.

 

I would like some help with my N244 Application. The Bailiff has just hand delivered the Notice of Eviction, the date is XX November 11.00am.

 

I would like particular help with Q3 & Q10.

 

I believe my application will be successful for a number of reasons:

 

• The Warrant is for the wrong address.
  
• I can prove that the claim of default by Capstone is wrong, and that the full MP has been paid each month, and also that the agreed amount towards the arrears has been paid each month.
  

I have received four letters in October from Capstone or their solicitor quoting three different arrears figures. The claimed arrears are overstated, it includes over £2000 of charges.

 

I would also like advice regarding an order on costs (I wont put the details on a public forum, but am happy to put details in a PM).

Finally, I want to ask for an order that Capstone cannot apply for a further Warrant of Execution without leave of the Court.

 

Thanks in advance on*the*case

[midge61]

Hi

 

Have you been to court where they were awarded possession or are you saying that the warrant has come out of the blue?

 

Their statement of arrears are notorious for being wrong!

[Ell-enn]

Hi there, I can help you with the statement for Q.10 of the form.

 

Q.3 - you should state "suspension of eviction"

 

Can you give a little more background please?

 

Ell-enn

[on*the*case]

Hi midge61

 

Suspended Possession Order given last year. I have fought these people all the way. Mortgage Payment is being made plus more than the Court Order towards the arrears.

[on*the*case]

Hi there, I can help you with the statement for Q.10 of the form.

 

Q.3 - you should state "suspension of eviction"

 

Can you give a little more background please?

 

Ell-enn

 

Ell-enn Good Evening

 

Can I send you the background by PM?

 

Regards

[Ell-enn]

If some of your details are sensitive then yes you can PM and they will be kept confidential. However, you will need to keep this thread updated as we cannot give advice solely by PM.

[on*the*case]

Ell-enn

 

Thank you. I am very happy that this thread contains the progress and advice. I have found the information on other similar threads to be very helpful.

Some of the details are sensitive, not by way of being embarrassing, but they could identify the mortgage account to 'guests'.

A PM is on its way

 

Regards on*the*case

[on*the*case]

Ell-enn

 

Thank you for your very fast reply by PM and your opinion that I have a 'cast iron' case.

 

A template for Q 10 will be very helpful please.

 

Should I also include evidence and detail that there is no breach of the Suspended Order? Or just prepare it and take it to the hearing in case it is raised.

 

Costs? Capstone have applied Solicitors costs in defiance of the Court Order. What is the correct way to bring this to the attention of the Judge?

[Ell-enn]

I think you need to be prepared for both cases - you should submit the N244 with the reason for the warrant being cancelled - you will need to attach proof (I have pm'd you about this).

 

You would then take another statement with you to the hearing showing proof of payments made (bank statement ?) and also the judgement from the previous case regarding no costs to yourselves. If you have a statement showing that Capstone have applied these costs that needs to be produced also.

 

I have affixed a template statement which you can use for both situations. I have included a few points which you may wish to add to.

 

Ell

Statement Template.doc

[on*the*case]

Ell-en

 

The template is great, plus your additional help via PM. 'Vexatious', that will miff Capstone:)

I will draft the application tomorrow and take it to the court Thursday morning.

 

Kindest Regards

on*the*case

[Ell-enn]

Please keep us updated as to what happens - I wouldn't be surprised if Capstone withdraw the warrant when they get a copy of your statement. You should then apply for wasted costs i.e. the £35.00 it's going to cost you for the N244.

 

Make sure you include the warrant number on the N244 form.

 

Are you OK with the rest of the questions on the N244? below is a guide:

 

 

 

1. Your names

2. Tick Defendant

3. Cancellation of eviction warrant

 

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 We Believe

Sign and cross out all options except Applicant

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

[on*the*case]

I will keep the thread updated with the progress.

 

Again thank you for the information regarding the other questions.

 

I have considered the possibility that Capstone may withdraw the Warrant, that is if they have their wits about them, but my suspicion is that it would be only a temporary respite, and they would find some cause to reapply in a month or two. My instinct is to face them down now, and ask for the protection of the court and an order that Capstone cannot apply for a further Warrant without the leave of the court.

 

Kindest Regards

[Ell-enn]

As an added thought, I believe Capstone are one of a number of mortgage lenders who have been under investigation by the FSA regarding their arrears charges. If there are any on your account you should be contacting them to have them refunded.

[on*the*case]

As an added thought, I believe Capstone are one of a number of mortgage lenders who have been under investigation by the FSA regarding their arrears charges. If there are any on your account you should be contacting them to have them refunded.

 

Yes. Once this Warrant business has been settled. I will apply for my SAR and a full breakdown of charges, cost and fees, and then pursuing them with some vigour!

[midge61]

Good luck.

[on*the*case]

Good luck.

 

Thanks.

Application now all ready (3 copies) with 1st class help from Ell-enn:)

Will take it to court tomorrow first thing.

Regards

[on*the*case]

Right

Everything is now in place for the hearing tomorrow morning.

Additional statement and evidence regarding payments and charges all prepared. The court office has placed a 'special care' note on my file, so even if they withdraw the warrant at the last moment, I can still see the Judge regarding the other matters.

Thanks to all for your support and especially Ell-enn.

Will post the result tomorrow after the hearing.

[Ell-enn]

Well done for being so organised If you can think of anything tonight that you might need help with, please let us know.

 

Have you been to a court hearing before?

[on*the*case]

Thanks for the support Ell-enn.

Yes I attended for the Possession and follow ups so this will be my 5th appearance. The previous ones were all in private rooms/chambers, I suspect this will be as well. Still nervous, but quietly confident......

[morganalfie]

Thinking of you today on the case,

[on*the*case]

morganalfie

 

Thanks for your support.

[on*the*case]

Update:

 

My application was heard this morning.

 

Preferred/Capstone sent a solicitor (he only received his brief last night). His instructions were; not to oppose the application for dismissal of the warrant, and explain that the application of costs from previous hearings, contrary to the court order, was an 'administrative error' and was being reversed.

 

The Judge was not impressed by the conduct of the case by Capstone or their solicitors. He called the whole thing a 'shambles', and evidence of poor professional standards.

 

The Judge was particularly interested in an explanation of how £1,874 had been paid towards the arrears in the last 12 months, and the claimed arrears had actually increased by £900.

 

The Warrant was cancelled, and the Judge ordered Capstone to produce a full statement of account within 21 days. The Judge took the time to remind me that the hearing had been recorded, and that a transcript was available, should I require one.

 

Now I wait for the Order, wait for Capstone to produce their statement of account, make sure my payments are on time, and then arrange for a SAR.

 

As thanks for everyone's help, especially Ell-enn, I have made a small donation.

[Ell-enn]

That's wonderful news - well done for standing up to those unprofessional idiots!! I'm so pleased for you you should be proud of how you have conducted your defence.

 

Many thanks for the donation, it is very much appreciated.

[midge61]

Well done you.

 

The statement should make interesting reading lol

[Jake4080]

Hi, I am in arrears of £3200 with Capstone, I am trying to make a payment arrangement but can only afford £40 towards the arrears each month. The sum of £3,200 includes approx £1,200 of Charges and the remaining was due to my rent, i am in shared ownership proprty anf Capstone paid my arres to my landlord. They are now pursuing with litigation. Can anyone offer some advice please ? Kind Regards