staffyloos repossesion ADJOURNED

[Ell-enn]

If Capstone don't reply to your letter then they won't be doing themselves any favour in court. I can't predict what the judge will think about your arrears last year, but usually they are only concerned with whether you can consistently make payment towards the arrears going forward.

 

Try not to worry too much about the hearing at the moment, let's see what Capstone come back with and keep making those weekly payments, that will look good in court.

 

Ell-enn

[staffyloo]

ok thank you

[staffyloo]

got a letter from capstone mortgage payment going down to 1058 per month (bit of good news) payment for 100 gone through posting another 100 today.still no word about offer of payment but i no they got it cos the cheque was inside.

[Ell-enn]

Hi there, just keep posting the payments (and keeping copies of the covering letter and recorded delivery etc.). We will have all that to show the judge if you have to go to court.

 

Ell

[staffyloo]

hi all

capstone have agreed to my offer but they said that since my mortgage payment is going down they want 125 per week not 100 ,but at least they are willing to negotiate,i feel soooo much better :)

thank you ell-en for your help and support i think im going to sleep alot better.WILL KEEP YOU POSTED

[Ell-enn]

Have they cancelled the court hearing?

 

Ell

[staffyloo]

no they said they would only go for a suspended repo order as long as i pay it will be ok.But thats what we wanted isnt it ? at least now i know that they wont go sraight for possesion .

[Ell-enn]

Staffy, it wouldn't matter what they went for - as usual, they fail to recognise that it is the judge's decision, not theirs, as to whether possession is suspended or granted. They know very well, that given your circumstances and your offer to them there is no way they would get possession!

 

I'm assuming they have written to you confirming their acceptance of your offer? If so we will use that as part of your defence also.

 

You will be in and out of that court in minutes:)

 

Ell

[staffyloo]

yes theey have written to me . i thuoght wed done good but your right it wasnt their decision they probably just want to look good in front of the judge.

[Ell-enn]

Hi Staffy - you have done good! you can show the judge that you made the effort to try and resolve the situation. The judge will know very well what Capstone are up to, and he's quite likely to ask them why they have taken the case to court when you already have an agreed arrangement!

 

Stay positive - you're home and dry:)

[staffyloo]

thanks ell-en ill keep posting those cheques not forgetting to photocopy and record delivery them and ill keep in touch and let you know what happens in court.id just like to thank you and this forum if i had not found this site i would have probably not bothered to do anything and lost my home.my sister has got a paypal account and im going to send a donation through her.keep up the wonderfull work you do.

[Ell-enn]

Staffy, we need to do a statement for court - will have to be done the week before the hearing - I will start to draft one for you and we can finalise it when you have proof of your next payment.

 

Ell

[staffyloo]

ok ell thanks:)

[staffyloo]

will i still have to a have a defence? wont they just tell the judge about the agreement or am i being nieve

[Ell-enn]

Yes, you still need to do a defence and attend the hearing. You must be there to hear what is said. I've known mortgage companies tell people they don't need to attend so they can ask for the suspended possession on their terms. You just can't trust them Staffy!

 

Ell

[staffyloo]

ok thanks ell

ill let you know when cheque posted yesterday clears,it should be friday.

[staffyloo]

ok im confused!!!!on monday i received a letter saying they woul agree to my offer of payment but asked for 100 per month more .i agreed over the phone,have just got home and another letter telling me that they have been notified by their solicitors about court hearing on 26 march (they told me the date in jan)and urged me to make a proposal and they would instruct their agent not to oppose a suspendedcourt order .they want me to get in touch with a proposal.

[Ell-enn]

They're not real are they!! OK, I'll draft a letter for you to send to them and post it on here shortly. You need to take a copy of the letter they sent you agreeing to the payment arrangement and also of the letter you have just received.

 

This is going to look soooo bad for them in court!

 

Ell

[Ell-enn]

Hi Staffy - send them this letter (affixed) by recorded delivery tomorrow! and attach a copy of both letters. As usual, keep copies of everything you send.

 

Ell

Staffyloo Letter 2.doc

[staffyloo]

great letter ell-en thank you will send it tommorrow

[staffyloo]

hi ell-en cheque for 100 clears today posting mp 1376 recorded delivery.no response from letter sent.should we get my defence ready?

[Ell-enn]

Yes, I'll start to work on it tonight

[staffyloo]

thank you

[Ell-enn]

Hi Staffy, are you on internet banking? You need to get statements to prove the payments you have been making so we can put that with your defence.

 

 

Back later.....

 

 

 

Ell

[staffyloo]

not internet but can get prinout from bank