Capstone/SPML taking court action -SUSPENDED

[little pod]

This is my first post and seeking help, I'm at my wits end.

 

Made arrangement with capstone early this year maintained additional amount until july when paid £100 less due to reduced income. I keep in touch with them all the way and maintained agreement for Aug/Sept/Oct.

 

They have obtained an court hearing date 26 November to obtain a SPO on the agreed arrangement. When I received the statement and broke it down the actual arrears of missed payments total £700 but they have added charges from 2004 amounting to 2100.00. So they are claiming I am in arrear by £2800.

 

My correct repayment is £600.00 therefore can anyone advise me how they can do this when the true arrears are just over 1 monthly repayment.

 

I am lucky then most at least it is a SPO but this would never allow me to remortgage in the future. The mortgage is around 80k and house worth even in this market 220k.

 

I contacted FOS and they contacted SPML, letter received this week from SPML stating charges fair and still proceeding.

 

Not slept for days is there any hope, really really scared.

[Ell-enn]

Hi there, have you filled in the N11M defence form you would have received from the court?

[little pod]

Thank you

 

No I rang CAB today but so tired and tearful i didn't take it in.

[Ell-enn]

OK, you will have to draw up a statement for the hearing - I can help you with that.

Will you be able to take it to the court on Monday?.

 

Firstly, you need to fill in a budget sheet to show the judge how you are going to afford the payments. I have affixed one to this post. Remember when filling it in that the amount you are offering to pay towards the arrears each month is the amount left over after everything else has been accounted for.

 

We will also report to the court that the arrears figure they are quoting is full of charges. Do you have a statement from Capstone showing the charges?

 

Try not to worry too much, you will not lose your home for just over one month's payment!

 

Ell

[little pod]

Thank you Ell-en what I have seen from this site you are the people's angel!

 

I do have a statement of all the charges and I have typed my own comparing what it would have been if they had not included charges.

 

I am confident we can afford the payments and will complete the budget.

 

I will take what I need to the court on Monday.

 

Tears of hope, thank you

[Ell-enn]

Sorry, forgot to attach the budget sheet. It's here now.

When you have filled it in come back onto the thread and I'll write you a statement.

 

It's important that you attend the hearing so you know what Capstone are up to! They have a habit of telling people they don't need to attend and then they find out later all the conditions they have put on the suspended order.

 

Chin up - we'll sort it out

 

Ell

Budget Sheet.xls

[zither]

Well done Ell-enn.

[little pod]

Thanks I have to sort the children but will be back soon.

[little pod]

Hi

 

I have completed the budget sheet. There is a surplus.

 

Wait to hear from you.

 

Thank you

[on*the*case]

little pod

 

You are in good hands with Ell-enn.

 

Once your current problem is settled (and it will be) you may want to consider challenging the various charges from Capstone.

Capstone administer the mortgages and loan books of London Mortgage, Preferred Mortgage and Southern Pacific, all part of the failed Lehman Bank.

 

Good Luck everything will be fine.

[little pod]

on the case

 

Yes I will get through this week and will complete the form sent to me by FOS.

 

Thank you

[Ell-enn]

Hi there, I need you to answer a few questions before I can finalise your statement for court.

 

Is the mortgage in joint names?

How many children do you have ? and what age?

How much can you afford to pay towards the arrears each month?

What was the reason for the reduced income when you missed payments? (the judge will want to know)

 

You will need 3 copies of the budget sheet and 3 copies of the statement showing the charges. These have to go with the document I will write for you (which you will also need 3 copies of) - one set is to go to the court, one set for you to refer to in the hearing and one extra set in case the other side haven't been given one by the court.

 

As soon as you answer the questions above I will finish the statement

 

Ell

[little pod]

Hi

 

Answers

 

-joint mortgage

 

-children ages 10 and 15

 

-£150 surplus

 

-I was unemployed but found job now hence Sept and Oct maintained with £150 extra.

 

Thank you for all your help.

[Ell-enn]

That's great I'll affix the statement and instructions in a few minutes. Just one more thing - do you have a copy of the statement showing the charges?

 

Ell

[little pod]

Yes statement enclosed with claim (from Capstones solicitors) showing all the charges!!

[Ell-enn]

OK, the statement is affixed. You need to enter details where there are XXX's at the top (you will get that info from the court claim form), and in the first paragraph where your name needs to go.

 

When you print out the statement make sure your printer is set for A4 paper (not Letter size), so it all stays on one page.

 

On the Budget sheet - write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the charges statement but it will be Appendix 2.

 

You should then assemble as follows:

 

Statement, signed

Budget sheet - Appendix 1

Charges statement - Appendix 2

 

This forms your "pack" and you need to make 3 sets.

 

Take one set to the court (posted in letterbox?) and then ring the court on Monday morning to check they've got it OK. Keep the other two sets to take to the hearing. Are you both attending the hearing?

 

I will go through the hearing process with you once you have deposited the statement pack at court.

 

Chin up, it will soon be over - you'll be OK

 

Any questions, just shout.

 

Ell

Little Pod Statement for court.doc

[little pod]

Thank you for making it all clear. Only I was attending will that cause a problem?

[Ell-enn]

It's no problem for just one of you to attend It will be nowhere near as bad as you imagine, honestly.

 

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. 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.

 

 

I'm certain you will have no problem with your case

 

 

Ellx

[little pod]

Sorry one more question please

 

Do we need to complete the N5 form sent by the court?

[Ell-enn]

You would normally complete the N11M defence form which should have been sent with the N5 and send it to the court 14 days before the hearing. However, the statement and appendices that you have are sufficient and contain the same information.

 

 

Ell

[little pod]

Ell-enn

 

Completed the statement and will prepare the 3 packs for posting at court tomorrow.

 

What a differance 24 hours makes, still a little scared but slept for the first time last night for many days.

 

I can't thank you enough Ell-enn (sending u a billion huggs & kisses)

 

I will let u know the outcome.

 

One step at a time then its to FOS.

[Ell-enn]

You only post ONE copy to the court. The other two you take with you.

 

Honestly, you will be OK. If you don't get a result, I'll stand naked in our local Co-op window (never had to do it yet!)

 

Stay positive

[little pod]

All clear

 

Thank you I'm smiling x

[little pod]

Ell-enn

 

You were right.

 

At the court the solicitors acting for Capstone approached me and said they were going for a suspended order on £150. He asked me about my complaint to FOS!

The free legal help offered at the court was brilliant she just took over and said £150 was too much. She did all the talking and the judge granted SPO with £100 off arrears.

After the lady offering the free legal advice said the judge could not look at the charges but said I should go to the FSA also.

Their solicitor came over to me after and "wished me well". Did he think his clients was treating me unfairly too????

 

A big thank Ell-enn I could not have got through this without your direction and comfort.

 

Just need to chill for couple of days then its pen to paper to FOS and FSA.

[on*the*case]

All clear

 

Thank you I'm smiling x

 

A good result, amazing what you can do when you get going.

Keep on top of the mortgage payments, and if you have any change in your circumstances that might stop you from paying off the agreed extra, post here for advice on a variation to the order.

...and keep an eye on the charges from Capstone, you know what shockers they are.

Again, well done.