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    • They have been sending messageslike " Do you want a refund or not"  which ive said im at work just try and avoid their childish obstuctive replies as ive had enough of them but i plan on going up tomorrow , so my question is,  they have to give me a refund dont they, they can not bargain or refuse the refund if they havent checked the phone first ? Their previous messages have said they want to check the phone first before a refund is given and i think theyll try this tomorrow as they have argued all through this .... If that happens can i just walk away and then send the letter of Particulars which is due next week ? Edit :   Just for the record the phone hasnt been used since buying its been put in a protective bag and put in a draw , its in the same condition as i bought it
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    • Hi there   thank you for the reply. No, it's not a silly question at all. I am convinced I didn't hit anything with my car. I was going very slowly and it was the guy standing next to his lorry in the road who punched and kicked my car as I went by. It's cause I saw him do it in the mirror.  I initially thought he did it because he thought I was passing him maybe too closely whilst he was messing around with his lorry ?  That's why I stopped and got out and asked what he thought he was doing hitting my car. He then just hurled abuse at me. Not making any accusations such 'you hit me' 'you hit my lorry' or you did this or that. He just swore and shouted at me. At which point I said I would be making a complaint to his company for his threatening behaviour and vandalism for punching my car. I went to my car , got my phone to take a photo of his number plate but then he came towards me again and I thought if he now hits me I am going to come second. I am a woman in her mid 50s travelling on her own and this guy looked like a Millwall football supporter (short, rotund, skin head) so I decided to leave this situation. I got back in my car closed the door and drove off before he could reach me.  I later checked my phone and noticed the photo was too blurred, as I turned and rushed back to my car too quickly before the camera could focus. So I thought it was pointless making a complaint as the guy couldn't be traced anyway, so I forgot all about it until yesterday. But this is all I can think of, it must have to do with this incident as it is in the same street.   
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SPML Capstone Mortgage corp. EVICTION CANCELLED


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Hi there, just a couple of questions before I give you the instructions for filling in the N244. You will need your budget sheet to go with the N244 and also copies of the letters you sent.

 

Is the mortgage in joint names?

 

How old are your children?

 

 

Kind Regards

 

Ell-enn

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Hi there, these are the instructions for filling in the N244 (except Q.10 - which I will send you a statement for that separately).

 

1. Your names

2. Tick Defendant

3. Suspension of warrant for 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.

 

I will post a statement for you to attach re Q.10 later this morning.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, these are the instructions for filling in the N244 (except Q.10 - which I will send you a statement for that separately).

 

1. Your names

2. Tick Defendant

3. Suspension of warrant for 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.

 

I will post a statement for you to attach re Q.10 later this morning.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, managed to finish your statement for Q10, as one of my meetings at work has been cancelled (thank goodness!). Where I have put XXX's you will need to put in the details at the top of the statement - you will get that information from the eviction notice. (I have also put XXX's in the first bullet point where your names need to be).

 

Also, there are two appendices which you need to affix.

 

The first is a budget sheet (also affixed) which you need to complete to show that you are able to maintain the £200 extra per month).

 

The second is the letter and royal mail signature receipt for the letter.

 

On each of the documents you need to write the claim number (top left hand corner) and the Appendix number (top right hand corner).

 

We can go through the procedure for the court hearing later when you have got a date (try not to worry too much - it will not be anything like as bad as you think).

 

Any questions, just shout.

 

Ell-enn

Scared N244 Statement.doc

Budget Sheet.xls

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, managed to finish your statement for Q10, as one of my meetings at work has been cancelled (thank goodness!). Where I have put XXX's you will need to put in the details at the top of the statement - you will get that information from the eviction notice. (I have also put XXX's in the first bullet point where your names need to be).

 

Also, there are two appendices which you need to affix.

 

The first is a budget sheet (also affixed) which you need to complete to show that you are able to maintain the £200 extra per month).

 

The second is the letter and royal mail signature receipt for the letter.

 

On each of the documents you need to write the claim number (top left hand corner) and the Appendix number (top right hand corner).

 

We can go through the procedure for the court hearing later when you have got a date (try not to worry too much - it will not be anything like as bad as you think).

 

Any questions, just shout.

 

Ell-enn

Scared N244 Statement.doc

Budget Sheet.xls

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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You're welcome - let me know when the hearing is. You really need to get the form to the court today if at allpossible.

 

Ell

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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You're welcome - let me know when the hearing is. You really need to get the form to the court today if at allpossible.

 

Ell

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ell-enn, just to let you know that the hearing is on Monday at 2pm. I couldn't get down to the court until Tuesday and Monday is the next day that they have a judge in (they only have a judge 6 times a month weirdly!)

I have paid this months mortgage in cash and have a receipt for that, should I take it to the hearing?

Thanks,

scared79 xx

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Hi Ell-enn, just to let you know that the hearing is on Monday at 2pm. I couldn't get down to the court until Tuesday and Monday is the next day that they have a judge in (they only have a judge 6 times a month weirdly!)

I have paid this months mortgage in cash and have a receipt for that, should I take it to the hearing?

Thanks,

scared79 xx

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Hi there, yes - take 3 copies of the receipt with you. I'm sure it will all go fine for you.

 

The hearing will be conducted in a private room with just yourself, the judge and a representative from the other side. The judge will be aware that you are nervous and will guide you through the process.

 

As this is your application your side will be heard first. When the judge asks you a question, just speak slowly and clearly. You should address him/her as Sir/Madam. The hearing should take no more than 10 minutes.

 

Did you ask the court staff if they have any CAB representatives attending on possession hearing days?

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, yes - take 3 copies of the receipt with you. I'm sure it will all go fine for you.

 

The hearing will be conducted in a private room with just yourself, the judge and a representative from the other side. The judge will be aware that you are nervous and will guide you through the process.

 

As this is your application your side will be heard first. When the judge asks you a question, just speak slowly and clearly. You should address him/her as Sir/Madam. The hearing should take no more than 10 minutes.

 

Did you ask the court staff if they have any CAB representatives attending on possession hearing days?

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hiya Ell-enn, I forgot to ask if they have any CAB reps so I'm going to ask when I get there. I'm setting off in 10 minutes so I can be there half an hour or so early. Wish me luck!!! I've never shook so much in my life, I'm terrified, mainly because before I paid this months mortgage, it's nearly a year since the last payment and I'm worried that will go against us. But another couple of hours and I'll know either way, I'll let you all know how I get on.

scared79 xx

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Hiya Ell-enn, I forgot to ask if they have any CAB reps so I'm going to ask when I get there. I'm setting off in 10 minutes so I can be there half an hour or so early. Wish me luck!!! I've never shook so much in my life, I'm terrified, mainly because before I paid this months mortgage, it's nearly a year since the last payment and I'm worried that will go against us. But another couple of hours and I'll know either way, I'll let you all know how I get on.

scared79 xx

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Hi everyone, sorry I didn't get back to you all yesterday, my computer's playing up really badly! Anyway........WE WON!!! The judge was really nice and the lady from Framework who represented me was absolutely fantastic. SPML's agency solicitor was really helpful too although he had to oppose the application, but before the hearing he even rang SPML to ask if they would consider the app considering I had already made a payment. But anyway, the judge ruled in our favour and suspended the warrant on the terms that we had to pay the CMI plus the 200 I had offered each month.

 

I would just like to say a massive thankyou to Ell-enn, your support and help was really very very greatly appreciated and thanks to OLIVE and everyone else who helped me through this forum, you're all fantastic! And I will definitely be donating to the site, it really is a lifesaver!!

Thanks everyone once again,

(no more)scared79 xxx

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Hi everyone, sorry I didn't get back to you all yesterday, my computer's playing up really badly! Anyway........WE WON!!! The judge was really nice and the lady from Framework who represented me was absolutely fantastic. SPML's agency solicitor was really helpful too although he had to oppose the application, but before the hearing he even rang SPML to ask if they would consider the app considering I had already made a payment. But anyway, the judge ruled in our favour and suspended the warrant on the terms that we had to pay the CMI plus the 200 I had offered each month.

 

I would just like to say a massive thankyou to Ell-enn, your support and help was really very very greatly appreciated and thanks to OLIVE and everyone else who helped me through this forum, you're all fantastic! And I will definitely be donating to the site, it really is a lifesaver!!

Thanks everyone once again,

(no more)scared79 xxx

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