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

[on*the*case]

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

 

Hi Jake4080

 

Let me just recap;

 

• Mortgage administered by Capstone. Is that Southern Pacific or Preferred?
  
• Property is Shared Ownership. Part mortgage and part Rent
  
• Arrears £3,200 of which £1,200 charges and £2000 Rent Arrears paid direct to your Landlord by Capstone.
  
• You can afford £40 pm towards the 'arrears'. Have you offered this.
  
• Capstone 'pursuing' with litigation
  

Questions

 

• Have Capstone started legal proceedings or just threatening. Have you received a Summons?
  
• Are there arrears, other than charges, on the Mortgage part?
  
• Can you pay the Mortgage each month?
  
• Can you pay the Rent each month?
  

Regards

[TimeToStandUp]

You mention you been 5 times previously, had they served an eviction notice on each time ?

[on*the*case]

Why do you ask ??

[TimeToStandUp]

Cause I just been served an eviction notice, and just looking for inspiration and reassurance I suppose

[on*the*case]

Cause I just been served an eviction notice, and just looking for inspiration and reassurance I suppose

 

Right Understood. Yes I have been to court numerous times but only once to get an eviction set aside.

 

TTSU

 

Can I suggest that you create your own thread, call it something like

'Eviction notice received URGENT help required'.

that way the site team can alert someone like Ell-enn who can help with the N244 application:)

[Jake4080]

Hi On*the*case

 

Thank you for your reply,

 

Questions

 

• Have Capstone started legal proceedings or just threatening. Have you received a Summons?
  
• Are there arrears, other than charges, on the Mortgage part?
  
• Can you pay the Mortgage each month?
  
• Can you pay the Rent each month?
  

Please see below, the answers to your above questions

 

Capstone are just threatening with Legal Proceedings at the moment

I havent received a Summons

I have missed to mortgage payments

I can afford to pay the mortgage each month plus an extra £40-50 (which I have offered but they say they connot set up a payment arrangement, but im going to pay it anyway)

 

I can also afford to pay my rent each month

 

Kind Regards, Jake4080

[on*the*case]

Jake4080

 

Two months arrears is the when Capstone pass to Legal. You will get a letter threatening legal, followed by a letter from Solicitors saying that they have been instructed etc, then followed by a summons.

 

You have two things to manage now, keeping the mortgage arrears below 2 months and keeping capstones charges in rein.

Ring capstone again and offer £40 a month towards the arrears. Ask the name of the person you speak with, and check that your offer has been entered on the call diary. Ask why a payment arrangement cannot be set up. Ask what the claimed arrears are. Ask what charges have been made to your account. Ask for the arrears to be added to the capital (they will say no, but ask anyway and confirm the request in you letter) Follow up your telephone call with a confirmation letter, get proof of posting for all letters to capstone.

 

Charges are not arrears, and they cannot claim them as arrears. The arrears are the difference between your contracted monthly payment and the actual amount you pay.

 

Capstone will try and flam you, remember they like people in arrears as they are far more profitable.

 

Managing the charges: capstone will charge you aprox £41 for every month that your account is in arrears, so if you if you have missed two payments in the last 6 months they have charged you £41 x 6 allready. When the account is passed to the solicitors you will be charged £115 a month 'litigation fee' plus the solicitors costs. You have probably already been charged a £150 fee for administration in paying your rent, plus the actual rent as well. capstone will bundle all this up, charge interest and call it all arrears. Keep an eye on this by asking for an itemised breakdown of all charges, write and complain that they are unfair.

 

The last thing, the 12th of the month is an important date for capstone, its the cut off for arrears billing. If your mortgage is due on the 1st try and pay it as close to that as possible. Make the arrears payment as a separate payment and try and make that before the 12th of the month.

 

Good Luck

[angel_1]

hiya on the case

 

 

can you help us please this morning at all trying to get our defense int and what your last post has said about the arrears are not to include the charges, we are facing this they do, where is the legislation that we can use to seperate the arrears from the charges, and make this part of our defence pls

 

anything you can help us with cheers will link up the

 

http://www.consumeractiongroup.co.uk/forum/repossessions/193647-help-notice-eviction-received.html

 

 

 

 

apologies to you for inputting this on your thread afterwards i dont mind deleting this post

 

cheers all good luck to you too

 

survivor_13 and angel_1

[on*the*case]

angel

I will post on your original thread.