Capstone/SPML "Order For Possession Granted" ?? Help please ADJOURNED

[squash72]

Afternoon all,

 

Now I have composed myself!!

 

Please if anyone can help I would so appreciate it.- I have read other threads but not actually sure if there is anything we can do now!!!

 

We have rec'd 3 letters from Glenisters Sols today (Capstones Solicitors) 1 addressed to me, 1 to my hubby and 1 to "the homeowner" saying that "We confirm that pursuant to the Order for Possession granted to our Clients in this action that we have now been instructed to take enforcement procedures"

 

We enclose Notice concerning the procedures on eviction appointment and removal of ............etcetcetc.

 

What am I supposed to do now??

 

Our current arrears £8,239.67 - built up over the past 18 - 24 months

not being able to pay the full amount each month etc. since my husband was made redundant in Feb 07.

 

1st time we went to court in September 08 for a "suspended possesion order" - and agreed our payments to be an extra £205 on top of our mortgage of £1,130 - due to lack of work for my hubby etc from Dec onwards we struggled - but since the base rate went down we always made our mortgage payment + what we could - but now that obviously wasn't enough for Capstone!

 

Called them today - don't know why - just obviously very upset - thought they would help - but no - just told that we would be evicted within the next 6 weeks but to stop that we should pay the arrears, or a lump sum with proposal - I ask what % does that need to be and he said it doesn't work like that!!!

 

How can we get back in court to show we have been making payments - will continue to do so - and things will improve once my husbnad has secured a job.

 

I do not understand how Capstone cannot help by just putting the arrears on the end - we have 20 years left and it is an interest only payment.

 

Any advice would be the best news ever - especially as it is hubby birthday today and would like it to finish with hope in sight rather than darkness!!

 

Many thanks for reading

 

Squashy

[vickson]

Hey Squashy

 

do not worry too much there is hope,

 

You can fill in a form and ask to have a hearing in front of the Judge, then you will have a chance to present your proposals to the judge, it is up to the judge then to decide what will be done.

 

Someone will be along to help you with things.

[squash72]

Hi Vickson,

 

Thank you so much.

 

So are we now waiting for a court date again or do we have to apply - or get an eviction notice?

 

Many thanks

[vickson]

First you will need to write a letter stating your proposal and send recorded delivery to the lender.

 

you will also need to do an income and expenditure sheet to see how much you can afford to pay extra, you should also include this with the letter you send to the lender.

You can find the IE on one of the threads here.

You can then use this later on in court (if it comes to that) to show you have tried to reach an arrangement.

 

Try to do send the letter asap.

 

If they have applied for a warrant, then we will need to prepare a defence, you will need to gather all the evidence and information you will use in court.

 

When you get the eviction date then you can fill in an N244 form and take it to the court there is a fee of £35, you will then get a date and time for a hearing with the judge.

If you read through other threads on here you can see the sequence of events. I know its frightening when it happens to you but a lot of us on here have been through it.

 

Remember it is not up to the lender but up to the judge on the day.

[Ell-enn]

Hi there, have you actually received an eviction warrant or just the letter from Capstone's solicitors?

 

If you have not received an eviction date yet then you need to write to Capstone outlining a proposal for payment of the arrears. If you need help with a letter let me know and I'll draft one for you.

 

Affixed is a budget sheet which should go with the letter. When you fill it in, remember that what you are offering towards the arrears each month in addition to the normal monthly payment, is the amount left over after everything else has been paid.

 

Also, carry on making what payments you can in the meantime.

 

When you get an eviction date we can help you with the N244 form to ask the court for a hearing to stop the eviction.

 

Any questions, just shout.

 

Ell-enn

Budget Sheet.xls

[squash72]

Ell-enn and Vickson,

 

Thank you sooooooooooo much.

 

Ell-enn, would you mind helping me with the letter please - I am so scared of fluffing anything up!

 

Squashy

[Ell-enn]

Hi there, no problem. I'll get back to you later today

[squash72]

Thank you again,

 

Sorry I forgot to say - not sure what an eviction notice looks like - but only rec'd letters from their solicitors.

 

Take care,

 

Squashy

[Ell-enn]

An eviction notice would come from the court. If you've only had letters from their solicitors at the moment then you probably have time to get a letter to them. As soon as you receive an eviction notice (assuming they carry out the threat), we can help you with the form for court.

[squash72]

Morning Ell-enn and all,

 

We have rec'd letters from Capstone and their solicitors, not a warrant yet.

 

Budget sheet now completed.

 

(sorry to ask Ell-enn - but is there a link to a sample letter I can send them please)

 

If we are paying the mortgage each month and only paying £50 of the arrears - do you think there is still a chance our house will be taken away from us. (current arrangement is £205 repayment each month)

 

Sorry - I wake up each morning panicing!

 

Look forward to hearing from you

 

Thanking you again!

 

Squashy

[Ell-enn]

Sorry, I couldn't get onto the site until late last night. Will definitely put a letter on here this morning:)

[squash72]

I cannot thank you enough.

I will definately donate something once this is all sorted and I know I can afford to!!

 

Squashy

[Ell-enn]

Hi there, affixed is the letter to send to Capstones. You will need to send a copy of the letter and budget sheet to Glenisters - page 2 of the affixed document is the letter for them.

 

They need to be sent by recorded delivery - keep a copy of the letters and budget sheet and then check on the Royalmail website in a few days to print of the signature receipts - keep safe with the copy letters in case you need to provide proof in court.

 

Any questions, just shout.

 

Ell-enn

Squash72 letter.doc

[squash72]

O my goodness Ell-enn

 

That is an absolutely amazing letter.

 

Thank you so much.

 

It has all gone off today

 

Fingers crossed

 

Squashy

[squash72]

Hello

 

Got the notice of Eviction today for 2nd July at 8.00am. the warrant is dated 15th May 2009. - now I have stopped being emotional - I am ready to fight, fight, fight!!

 

I sent a proposal and income and expenditure and it was signed for on the 12th May 2009.

 

We rec'd an acknowledgment from Glenisters that our offer has been put for for a referral and that they will be in contact with us shortly.

 

Help please - am I to now complete the N244 form and take it to our court with the £35 - shall I call SPML find out what has happened as we haven't heard from them until this landed on our mat this lunchtime.

 

Should I call Glenisters (solicitors) - too many questions - sorry

 

Look forward to hearing from anyone who can help us

 

Squashy

[Ell-enn]

Hi Squash - don't panic!! I can help you with the N244 and the statement for Q.10 of the form which is the most important part. You will need a copy of the letter and budget sheet you sent them, together with the postal signature receipt and also their reply to you stating your offer was being considered.

 

I'll need a bit of info before I start to write your statement for court.

 

Is the mortgage in joint names?

Do you have children?

Do you have proof of all the payments you have made recently?

 

If you can prove you have been making payments, have put in a written offer to the lender and you are able to maintain payments going forward then you will not lose your home. We will put forward a good defence:)

 

By the way - now you have an eviction notice there is no fee to pay for the N244.

 

Ell-enn

[squash72]

Ell-enn,

 

Thank you so much again!!

 

Yes the mortgage is in joint names - Mine and my husband,

we have 2 children - one 7 and one 4

I have proof of all payments made to them.

 

You are my life saver - you are amazing

 

I have tried to complete the 244 form but it threw me abit with regard to what level of judge, how long the hearing would last etc etc

 

Squashy

[Ell-enn]

Don't worry about the rest of the form - I'll tell you what to put in all the relevant parts later when we've got the statment for part 10 done.

 

It will be this evening when I get back to you with the statement as I'm a bit busy at work at the moment.

 

Just one more thing re proof of payments made - how many months have you been making the payments towards the arrears? and is it a bank statement you have showing these?

 

Back later - try not to worry too much (easy to say I know, but you'll be OK I'm sure:))

[squash72]

Ell-enn,

 

We are being charged £115 each month while we are in arrears - over the course of maybe 12+ months - that is obviously included in the arrears? - I will have a look at the statement -does that matter or take effect with the judge

 

Squashy

[squash72]

OOps sorry

 

Yes they are bank statements from my bank account - as proof of payments

[Ell-enn]

Re charges - HOW MUCH!!!!! - if that's being added into the arrears we need to let the judge know as that is not the true arrears. You now need to write to Capstone asking for a breakdown of the arrears figure i.e. what's missing payments and what's charges.

 

How many months do you reckon you are behind?

 

I'll post a letter on here tonight for you to send to them, there's plenty of time for them to reply before the hearing.

 

Ell-enn

[uneverdid]

Hi Ellen, Capstone always add any charges, including solicitors fees, late payment litigation charges onto the arrears. I queried this as i thought they had to put them onto the mortgage balance but they told me what they do is correct. aaaaaaaaaaaaaarrrrrrrrrrrrrrrrrgggggggggggggggghhhhhhhhhhhhhh

just wondered if you could answer this question for me my monthly payments according to my contract are £550.38 but it has come to my attention that these payments due went up over 18 months to finally stop at £590 then went back to £550 i only noticed this today. I have queried this and they have told me its interest debit due each month and this changes IS THIS RIGHT ??? i have also noticed when they took me to court their solicitors signed the statement saying i only have 23 years left i actually have 27 so would that mean the paperwork was not valid.

 

I have also been told that Preferred no longer exist yet i was took to court by Preferred and i still gets statements with Preferred as the letterhead. I have been told today that my mortgage is with Capstone, yet my monthly payments appear as Southern Pacific and they want me to assign my buildings insurance to Eurosail as mortgagee. Confused i am completely. Sorry for jumping in on this thread but i cant figure out how to do my own.

[Ell-enn]

Hi uneverdid, have you considered contacting the FSA and asking them to take up your issues?

[squash72]

Ell-enn

 

The problem is we went to court in Sept 08 for arrears then - and got a suspended order.Our mortgage at the time was £1,027 and SPML said they could accept £205 as the minimum repayment amount - so we agreed to pay £1,232.

 

We managed to pay until November - husband was laid off - so we struggled to keep up but always paid a fair amount - which got better as the base rate went down but by now it sounds too late - if the base rate was still what it was last August - I would hand the keys in - but now our mortgage and paying the arrears is so much more managable for us - its too late. -Don't they realise!!!!

 

Looking through my mortgage statement has really depressed me even more - just over £700 in legal costs added to our mortgage (at the end of last year, aswell as the Litigation management fee of £115 a month (since December) and then obviously the interest charges on the arrears £35 a month.

 

If it was just me and hubby - I'd let them take the b&^*%% house, I am sooooo angry - I don't want to pay them a penny anymore - they are not helping us at all - sorry for my ranting - one minute I ' m screaming the next I feel like crying:confused:

 

I am getting my towel ready!!!

 

Squashy

[Ell-enn]

Hi there, if you are able to manage the new lower payments and an amount towards the arrears you should be OK.

 

How much do you think the arrears are without the charges and legal fees?

 

I have affixed a letter for you to send to them by recorded delivery - make sure you have the right address to send it to.

 

Also affixed is the statement for Q.10 of the N244. You will need to enter the information where there are XXX's (remove the XXX's). When you print it out make sure your printer is set for A4 paper (not letter size).

 

On the copy of the letter you sent to them write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

Do the same on the copy of your bank statements but it is Appendix 2, and also your budget sheet which will be Appendix 3.

 

You should assemble as follows:

Completed N244 form

Signed statement

Appendix 1 - copy letter

Appendix 2 - Bank statements (mark the payments with a highlighter pen)

Appendix 3 - budget sheet.

 

When you have those in order you will need to take a photocopy for yourself before handing in to the court.

 

Instructions for the rest of the N244:

 

1. Your names

2. Tick Defendant

3. Suspension of eviction payment proposal offered.

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 Applicants

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

 

 

If you get the statement from Capstone before the hearing we can do an updated statement for you to take to court on the day and hand to the judge.

 

 

 

Any questions, just shout.

 

 

Ell-enn

Squash72 Letter June 09.doc

Squash 72 N244 Statement.doc