Capstone Lose Payments a Third Time. Being Evicted Help

[BanditQueen]

I am getting fed up with going through the same routine every eight months and I am now feeling very angry and depressed about the whole thing and on the verge of doing something very stupid and taking drastic action.

 

The idiots at Capstone have now lost 6 years payments and this is now for the third time. Having confirmed that they had traced most of my missing payments last year, last November 22nd to be exact, they then lost them again by the end of January 2011 when they issued a six month statement and claimed we owed just over £6000 again. Yet, we have a four page document listing over £3000 worth of lost payments that they had now found and asking me to confirm details of another £1800 to £2000 worth that were still missing. A lump sum from the DWP was one of the payments still missing and a letter from me to the DWP soon allowed this payment to be found. I still had 13 or so individual payments missing and they promised to investigate further. They produced a copy of two old letters and the payments had gone missing yet again. I was furious. I refused to pay anything further until they found the missing payments and sent them a copy of the four page document and they had not sent me anything since then. They get money every month for the interest on the mortgage; they are not getting anything from me as I do not have anything extra to give them and they are getting nothing until they find the payments.

 

Now in the last 2 days I have had five letters all dated 5th August, all from different parts of the company and two from Lightfoots all saying they are going to ask the court for an eviction date. The one today states we owe £8000, which is rubbish!

 

The one today also states that we are going to have to pay this charge and that charge and we will be evicted unless we phone the number at once and give them our proposals. I have one proposal for them: go to hell!

 

This company are trading illegally, have lied to the court and are claiming I owe money that I do not owe. How have they even got an eviction date, when I am not even aware that they have even been to court? We are aware that they may have a 28 day procession order which was issued in 2007, but they did not even raise this until 2009 and at that time we had no arrears and were paying our mortgages and this rubbish loan and the account was in fact in credit.

 

This item was issued some time in 2007, after the arrears had been cleared and against a specific order by the court who wanted more information and suspended the court hearing. We have not had a warrant issued and although some attempts have been made to evict us they have been without going to court and without the proper procedures being followed.

 

According to one letter, Lightfoots went to court on 5th August, and did not invite us to go and asked the judge to issue a warrant for an eviction. The letter today actually contradicts this. The letter today is one of threat and 'if you do not do this' but it does not state that they are seeking an eviction date or a warrant. The letter from Lightfoots also states that as we did not comply with the terms of the order from 2007, they are seeking this now from the courts. My question is: what terms? I am not aware of any terms and in any event, as they well know, our personal and our financial situation have changed several times since then, so these terms do not apply.

 

We have never seen this item and according to someone who helped us last year it is no longer valid. Crapstone claimed it was valid for 7 years, but the court who issued it have confirmed this is a lie.

 

Capstone refused last year to negotiate with our representatives who were also helping us with housing problems due to my husband having cancer and claimed that they could not do so, even though they had a signed document giving permission, as they had lost our original documents that we signed and the contract and agreement and they could not be sure that we were who we said that we were. I turned this onto them and said that in this case we do not have a contract. I still think that I may be on to something but I would like help and advise on this, please.

 

Capstone wanted us to tell Riverside to phone them, by phoning first and giving them a 24 hour slot, every time they wanted to speak with them. This made it difficult and Riverside had to pull out of the negotiations. Despite having fresh up to date income and expenditure forms, fresh and up to date medical evidence, fresh and up to date benefit evidence and being paid by the DWP, Capstone still wanted us to phone with our proposals. The fact is, we did not know what to propose as no-one had sat down and helped us to work out what we can afford. Then the fatal statement arrived and I realised that they had lost all of our money and was not prepared to negotiate further until they found our money, which they have not and as you have seen they have now lost again any of the money that they found. They claimed to the court that we had not paid them since 2006 and this is why they got this 28 order to process our house. This is what Capstone are now trying to enforce and why they are asking for an eviction date. No more negotiations, assistance or hearing, just an eviction date. I can take it no more. Please help.

[BanditQueen]

I am getting fed up with going through the same routine every eight months and I am now feeling very angry and depressed.

 

Capstone have now lost 6 years of payments and this is the third time this has happened.

 

They traced most of my missing payments last year, on November 22nd to be exact,

but had lost them again in January 2011 when they issued a six month statement and claimed we owed just over £6000 again.

 

We have a four page document listing over £3000 worth of lost payments that they had now found and asking me to confirm details of another £1800 to £2000 worth that were still missing.

 

A lump sum from the DWP was one of these lost payments missing, however, a letter from me to the DWP soon tracked this payment down.

Sadly, this still left atleast 13 individual payments missing and they promised to investigate further.

They produced a copy of two old letters and the payments had gone missing yet again. I was furious.

 

I refused to pay anything further until they found the missing payments and sent them a copy of the four page document and they had not sent me anything since then.

 

They get money every month for the interest on the mortgage;

they are not getting anything from me as I do not have anything extra to give them

and they are getting nothing until they find the payments.

 

Iin the last 2 days I have had five letters all dated 5th August, all from different parts of the company

and two from Lightfoots all saying they are going to ask the court for an eviction date.

The one today states we owe £8000, which is rubbish!

 

it also states that we are going to have to pay this and that charge and we will be evicted unless we phone the number at once and give them our proposals.

I have one proposal for them: go to hell!

 

This company are trading unlawfully, have mislead the court and are claiming I owe money that I do not owe.

 

How they have even got an eviction date, when I am not even aware that they have even been to court?

 

We are aware that they may have a 28 day procession order which was issued in 2007,

but they did not even raise this until 2009 and at that time we had no arrears

and were paying our mortgages and this rubbish loan and the account was in fact in credit.

 

This item was issued some time in 2007, after the arrears had been cleared and against a specific order by the court who wanted more information and suspended the court hearing.

We have not had a warrant issued and although some attempts have been made to evict us they have been without going to court and without the proper procedures being followed.

 

According to one letter,

Lightfoots went to court on 5th August, and did not invite us to go and asked the judge to issue a warrant for an eviction.

The letter today actually contradicts this.

 

The letter today is one of threat and 'if you do not do this' but it does not state that they are seeking an eviction date or a warrant.

The letter from Lightfoots also states that as we did not comply with the terms of the order from 2007, they are seeking this now from the courts.

 

My question is: what terms?

I am not aware of any terms and in any event, as they well know, our personal and our financial situation have changed several times since then, so these terms do not apply.

 

We have never seen this item and according to someone who helped us last year it is no longer valid.

Crapstone claimed it was valid for 7 years, but the court who issued it have confirmed this is false.

 

Capstone refused last year to negotiate with our representatives who were also helping us with housing problems

due to my husband having cancer and claimed that they could not do so, even though they had a signed document giving permission,

as they had lost our original documents that we signed and the contract and agreement and they could not be sure that we were who we said that we were.

I turned this onto them and said that in this case we do not have a contract.

I still think that I may be on to something but I would like help and advise on this, please.

 

Capstone wanted us to tell Riverside to phone them, by phoning first and giving them a 24 hour slot, every time they wanted to speak with them.

This made it difficult and Riverside had to pull out of the negotiations.

 

Despite having fresh up to date income and expenditure forms, fresh and up to date medical evidence,

fresh and up to date benefit evidence and being paid by the DWP, Capstone still wanted us to phone with our proposals.

 

The fact is, we did not know what to propose as no-one had sat down and helped us to work out what we can afford.

Then the fatal statement arrived and I realised that they had lost all of our money and was not prepared to negotiate further until they found our money,

which they have not and as you have seen they have now lost again any of the money that they found.

 

They claimed to the court that we had not paid them since 2006 and this is why they got this 28 order to process our house.

This is what Capstone are now trying to enforce and why they are asking for an eviction date.

No more negotiations, assistance or hearing, just an eviction date.

I can take it no more. Please help

 

I have no idea what to do and why they are doing this now as this was back in 2007 and I have not had any assistance from Capstone.

 

They will not negotiate, will not show me the proof of the lost payments, they will not show me the actual warrant or documents

from the courts and it is my opinion that they have committed perjury to get this ruling, if they have one.

 

I do not believe them.

 

I am very upset about this and it has made my mental health problems worse.

 

I am desperate and actually I am very afraid as I am very tired at the moment and do not have the energy to deal with this.

 

We are also having to stop the DWP taking my husband's DLA and we have a Tribunal about this on 6th September.

 

How am I meant to deal with this as well?

 

IPlease, help. I do not know what to do and I do not have any more fight left. Thanks.

[Sidewinder]

Hi Bandit Queen

 

I can understand your despair, and whilst your situation is beyond my own field of knowledge, I have flagged your post for others to look at who may be able to help and support you better.

 

Try to keep your chin up, and hopefully things won't be as bad as they might seem.

[dx100uk]

well i think as a first off

it might be an idea to SAR your mortgage company to see what statements they actually hold

and get the true picture in black and white

 

as for any charges, you can reclaim them all following the recent ruling.

 

i have also slightly edited and made the post easier to read for everyone.

 

 

dx

[Lea_HTH]

Your biggest issue is that the possession order granted in 2007 is still valid (whoever told you it wasn't is talking nonsense - but so is your mortgagee if they think it lasts seven years - the limitation is six years).

 

In any case, if they have a suspended possession order they are free to ask for a warrant of execution without notice (which is what they did when they 'didn't invite you' to attend the hearing - they don't have to).

 

Any terms agreed at the original hearing (when the SPO was granted) continue to stand until the arrears have been discharged in their entirety and YOU make an application to the court to have the SPO discharged. If you didn't do that, even if you cleared the arrears in between, then the SPO stands and the mortgagee can continue to use it as and when they choose within its time limitations IF you go into arrears again.

 

Your second problem is the 'lost' payments - if you have proof from the DWP that X number of payments have been made in X amount and this discharges your arrears completely, then you have a good defence. If, on the other hand, the DWP interest payments are only meeting a portion of the current mortgage instalment (CMI) then there WILL be arrears and therefore the mortgagee will be entitled to request an outright possession order.

 

You are obviously in dispute with them over the actual amount of the arrears, so if they do obtain a warrant of eviction (and you receive a notice of eviction) you MUST put in a stay application and point out to the judge that you are in dispute over these lost payments. The judge is very likely to adjourn the hearing whilst further investigations are carried out.

 

In respect of your husband's tribunal - go to a CAB or law centre and ask for them to refer your husband's case to the Free Representation Unit - they offer pro bono advice and representation, but you need a referral.

Edited August 13, 2011 by Lea_HTH
Added FRU info.

[BanditQueen]

Thank you for the information. It does not change the fact that Capstone are trading illegally, have no contract with us as they have lost our signed agreement with them or anything with our signature on. It also does not change the fact that they got the order when the arrears had been paid and not previous to this, going by the date on their last letter. They also took two years to mention this document and I have checked the original file and the court papers are in there and there were no terms imposed by the court and no order granted at the hearing. In fact the hearing was adjourned and the judge ordered Capstone for more information, which they never provided. The hearing was meant to be recalled and it never was. The so called 'terms' were foisted upon us by Capstone and not agreed by us. After this they refused to comply with the order of the judge to negotiate and they added something like £2000 in charges to the so called arrears. We then got an eviction notice six months later in April and were shocked as they at that tine had agreed to fresh payments of £300 a month which we had paid. It was only because my mother borrowed money from an aunt that we paid off what they claimed, even though we now know that they had lied about that amount as well and have since had a refund from them, via the court. In 2009, we cleared any remaining arrears and put the account in credit and then we put a STAY in place. When my husband's health problems arose later that year, and we ran into arrears again in 2010, but no were near what they claimed, that is when they became criminals and got all ridiculous and things started to go wrong again. But they were also now getting paid by the DWP and after some rough negotiations via Riverside Housing, during which they lost most of the previous years payments, found them again when we demanded a full list received and then lost them again, they also made it impossible for Riverside to talk to them, and in the end, they were contacted via their own solicitor who told them to negotiate, and when the DWP paid a lump sum that more than cleared the arrears, this time they actually cancelled any action that they had been plotting. At the same time they also were getting into trouble with the insolvency service, it came to light that they are subject to criminal investigation and are trading illegally. It also comes to light that they actually had lied to the court to get the so called order in the first place. I think that an order obtained by deceit is invalid and that they have committed perjury. Is it not perjury to lie to a court? Now they intend to do the same thing again. I am going to stop them.

 

I understand that the judge will adjourn the case if it goes to court as we are in dispute over the payments, but I need to stop them from going to court in first place and keep them busy. I intend to complain to the Ombudsman next week and I have also furthered my complaint to the DTI. I am also going to get a SAR to demand the details of every payment and charge using the form letter. I have also asked for a transcript of the court proceedings as I am sure that this is where they lied in the first place.

 

I will also follow up on your suggestions and information and thanks for the clarification on the order. However, surely, if it was granted through perjury and deceit, then it should not have been issued in the first place, and there must be some redress in law. Any suggestions? Do you also know any remedies that exist via the government to help with people who are in these sorts of difficulties, any rescue plans or to help you to apply to social landlords to buy the property? This was an option suggested last year, but our ill health meant that we did not follow it up.

 

Thanks.

[Lea_HTH]

I am afraid you're working under a misapprehension with regards to Capstone 'trading illegally' due to not having a signed contract with you. Contracts do not have to be in writing - they usually are when it comes to mortgages, but if, as you state occurred in your case, the agreement is lost, then the law will simply apply equity. Equity will indicate that you borrowed the money and any repayments since that time indicate the intention to repay - i.e. a contract. You indicate the hearing was adjourned, however, there must have been another hearing as an SPO cannot be granted without one and clearly they have an SPO or they would not be able to apply for a warrant of execution.

 

That is, however, a side issue. Your biggest sticking point appears to be that you feel the SPO was granted under false premises. If, as you state, there were actually no arrears at the time the actual SPO was granted, then you have grounds for a set aside application and that is what you should be issuing at this stage (i.e. as soon as you can put the evidence together and provide it to the court with the appropriately filled in court form). The court will hold another hearing and decide on the facts provided to them whether a possession order should have been granted at the time it occurred. If it should not have been, the court will set it aside and the mortgagee will have to start their proceedings afresh.

 

The Mortgage Rescue Scheme seems to be what your final paragraph is asking about. When a mortgagee goes for possession they are supposed to inform your local authority, and your LA should send you any details of help that they can offer. If you did not receive any information about the MRS, then I would suggest you contact the LA as soon as you can and request that they send you the application forms.

[andrew1]

Banditqueen, sorry to hear of your plight. can I just ask, you mention a 'mortgage' - is this a 1st mortgage or a 2nd charge loan? Which year was it taken out and roughly how much was it for and which company did you actually take this account out with? Is it one of the Lehmans fall-outs?

[BanditQueen]

I am afraid you're working under a misapprehension with regards to Capstone 'trading illegally' due to not having a signed contract with you. Contracts do not have to be in writing - they usually are when it comes to mortgages, but if, as you state occurred in your case, the agreement is lost, then the law will simply apply equity. Equity will indicate that you borrowed the money and any repayments since that time indicate the intention to repay - i.e. a contract. You indicate the hearing was adjourned, however, there must have been another hearing as an SPO cannot be granted without one and clearly they have an SPO or they would not be able to apply for a warrant of execution.

 

That is, however, a side issue. Your biggest sticking point appears to be that you feel the SPO was granted under false premises. If, as you state, there were actually no arrears at the time the actual SPO was granted, then you have grounds for a set aside application and that is what you should be issuing at this stage (i.e. as soon as you can put the evidence together and provide it to the court with the appropriately filled in court form). The court will hold another hearing and decide on the facts provided to them whether a possession order should have been granted at the time it occurred. If it should not have been, the court will set it aside and the mortgagee will have to start their proceedings afresh.

 

The Mortgage Rescue Scheme seems to be what your final paragraph is asking about. When a mortgagee goes for possession they are supposed to inform your local authority, and your LA should send you any details of help that they can offer. If you did not receive any information about the MRS, then I would suggest you contact the LA as soon as you can and request that they send you the application forms.

 

They are trading illegally as you will see from the Action Group to which I also belong; they have changed their name, but that does not mean that they are trading fairly or legally. Yes, they are one of the fallouts from Lehmans and they were first London Mortgage Company, then Capstone and now Acenden and they have directors under investigation. I disagree, they have nothing with my signature on, so how can they enforce or prove anything! They have also lost, found, lost, found and lost again my payments. I have sent them the proof and they still do not acknowledge the payments.

 

There was no second hearing or we would have won and when we tried to get it heard; they refused to attend and it was adjourned again, but our circumstances changed and this has been stayed twice! I think we have a very good case to have the attempt to steal my home stopped and no they are not our primary mortgage lender, this is a second charge on the house, no actually it is a third as the first two are with the Nationwide who have now put the original on a 12 month interest only concession and are taking no further action in this matter as they get the interest paid, so do the **** from Capstone! I would say that losing my documents and losing the agreement, refusal to show us the warrant that we have never received and the 28 day order, and the disputed payments as well as their perjury are good reasons for having this looked at again and with a fresh pair of eyes from the courts. I will get this **** to court and this time; I will destroy them!

[Lea_HTH]

They are trading illegally as you will see from the Action Group to which I also belong; they have changed their name, but that does not mean that they are trading fairly or legally. Yes, they are one of the fallouts from Lehmans and they were first London Mortgage Company, then Capstone and now Acenden and they have directors under investigation.

 

The law of Equity applies in cases where there is no written contract - I explained it in the post you responded to. It's just a fact of law, irrespective of what name they now claim to be trading under - the name doesn't change the content of the contract which is they loaned money to you and you have been paying it back. I appreciate that for many people this fact of law is unpalatable, but nevertheless it applies.

 

 

I disagree, they have nothing with my signature on, so how can they enforce or prove anything! They have also lost, found, lost, found and lost again my payments. I have sent them the proof and they still do not acknowledge the payments.

You are perfectly entitled to your opinion, but it doesn't change the fact of law regarding Equity. Unless you are claiming they have NEVER received or acknowledged a payment from you AT ALL throughout the term of the loan (unlikely given that they clearly gained an SPO in court so would have had to prove certain things),then Equity will be applied by the courts. In other words, signature or not, you are liable to repay the loan.

 

There was no second hearing or we would have won and when we tried to get it heard; they refused to attend and it was adjourned again, but our circumstances changed and this has been stayed twice!

Their refusal to attend would not cause an adjournment, particularly if as you indicate YOU tried to get it heard - if YOU made the application, whether or not they attended the case would have gone ahead. They have an SPO, so there was a hearing, and if you are stating it has been stayed on two occasions that means there were two further hearings - so at least three in total.

 

 

I think we have a very good case to have the attempt to steal my home stopped and no they are not our primary mortgage lender, this is a second charge on the house, no actually it is a third as the first two are with the Nationwide who have now put the original on a 12 month interest only concession and are taking no further action in this matter as they get the interest paid, so do the **** from Capstone!

I think if you can show that you can meet the CMI plus something towards the arrears which will clear them in a reasonable time, then you have nothing to worry about as the court will not grant repossession if you are in such a position. If you are not in a position to do that, then the court can, and will, order possession.

 

I would say that losing my documents and losing the agreement, refusal to show us the warrant that we have never received and the 28 day order, and the disputed payments as well as their perjury are good reasons for having this looked at again and with a fresh pair of eyes from the courts. I will get this **** to court and this time; I will destroy them!

Disputed payments, losing the agreement and documents are valid issues to raise in court, and as I indicated in an earlier post, if you are claiming that the SPO was granted on false information, i.e. no arrears at the material time, then you have grounds to have the SPO set aside, but since you have already had two further hearings since that time to stay the eviction, I would think you may well be out of time to challenge the original order, though to be definitive about that one would need to look at all the details, so you may need the assistance of a solicitor.

 

The warrant of execution is an act between the mortgagee and the bailiffs - the mortgagee applies to the court to execute the warrant of possession, and the bailiffs fix a date. It is the bailiffs who deliver the notice of eviction to you. The mortgagee does not have to show you the warrant and in fact it is rare for any mortgagee to give notice to the mortgagor that they are going to issue the warrant in the first place - the usual practice is to do so without further notice and the first the mortgagor knows about it is when the notice of eviction drops through the door.

 

If you still feel that it is all wrong, then I strongly suggest that you seek the assistance of a solicitor who can go through all the paperwork and give you a more accurate assessment of your situation, and will be able to state whether or not you actually have a case. I sincerely doubt that it is something that a lay person will be able to deal effectively with in court - you will almost certainly require representation if you are hoping to make the challenges you allude to.