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    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
    • Hello CAG, Bit of a long post, may want to get a cuppa before starting reading... 😁   after being a lurker for many years and trying never to get into a mess with credit cards like i did 20 years ago, i've got myself into a mess with Amex... I've tried being open and honest with them, but now getting the feeling they are messing me around.    Its not a chargecard, but a Nectar Credit Card with them. TAKEN out 2016. Balance is just under £15k as of today, was almost at £17k.  Debt still owed by Amex, not been sent to NCO/Arrow etc - YET...    Background (short version): Was all fine with more than min. payment (£500 or so), being made until April 2020 when a number of things reduced my monthly salary from work (mainly, take a pay cut or be made redundant), so I soon quickly realised i needed to tighten my belt quickly. Phoned Amex, advisor said nothing they could do except Payment Holiday. Was put onto that for 3 months, told that Amex will be in touch at the end to restart payments. I asked about interest being stopped/frozen/reduced - not possible. So agreed to payment holiday to give me breathing space. 3 months came and went, no contact from Amex... No payments made, interest still racking up at around £300 a month...    Rang Amex back (July 2020), we cant do anything today because your in the middle of the statement cycle call back next week. Called back week after, no solution yet (i asked about things i seen on Amex US website = Regain program - basically freeze card, lower interest rate and pay a set amount for 12 months - more about this later) > Not available in UK yet.   Want to stay on payment holiday Mister B? I asked if there was any way interest could be stopped as this is making the balance increase and increase. No. Do you want to stay on Payment Holiday? Ok. (Bear in mind, if i came off Payment holiday. Minimum Payment was around £570 per month.  So, stayed on payment holiday... Didnt hear anything from Amex again. Called back up in September 2020. Please call back in October after 10th and we can assist.   Called back after October 10, went through loads of stuff, different options etc, was warned that Payment Holiday might not be extended much longer, but now have a program. Worked out with Amex woman that i could pay around £200 per month. But please stop interest - no we cant but we can reduce this down to 9.9APR instead of 23%... . Amex woman said she needed to submit details to 'Seniors' at Amex, please call back next week for update.   Called back week after, advised that first Amex woman was wrong and had made mistakes, shouldn't have told me what she had told me, £200 is too low, minimum would be £389 per month for 12 months or account will default. Told Amex woman 2 that couldn't afford it, went through this last time, etc etc. Amex woman 2 went off, came back, £329.74 is minimum they can possibly accept, 12 months at that amount per month and interest would be lowered, but not stopped. If you dont take out this 'Program' then account will default and will be passed to NCO or Arrow (I hate them both).  Went off, tried to get loans etc, all refused. Rang Amex back, reluctantly agreed so i can keep credit rating at 'good'.  So, been paying since Nov 2021 @ £329.74.    Letter arrived in December - due to out mess up with moving accounts around whilst on payment holiday, we are going to give you £3074 back. Logged into account, only £30.74 refunded, not £3074. Phoned Amex cos thought it was a joke/mistake - Spoke to some bloke - Oh dont worry, the rest will be applied to account automatically in 7 days. he advised was genuine but then got cut off during call. Called back, spoke to some other bloke, yes, looks genuine but please hold... Came back 10 minutes later. Oh, its a mis-print, you are not the only customer to receive one of these. Each should have been £30.74 not £3074. Me = Gutted.    Wrote a letter to Amex saying how dissatisfied i was with general customer service and felt they were incompetent, blah blah etc. Final response received, Complaint partially upheld, heres £150 credit because we were a bit silly, but thats it. IF your still not happy, go to FOS. Opened a case with FOS... Have sent them the complaint letter to them and have had a call from them about this... FOS are backlogged though and will take another 3 months for complaint to be looked at by them.   Let me make this 100% clear, fully admit to owning the debt, yep, ive spent this money (wish I knew what on, cos having got much to show from it - just general stuff and holidays)... Not trying to shirk out of it, trying my best to keep up with re-payments but im really struggling. After I got paid on 1st April, after paying all outgoings i had £9.83 left in current account so am having to go into overdraft each month which is just a vicious circle.  I would really like to NOT have to down the default route and trash my credit rating and then have to deal with the morons at NCO / Arrow etc.    Meanwhile, this is where I need the advice of the CAG experts... - Credit Limit increases... These were coming every few months and it was just being upped and upped and upped. Credit limit eventually was stopped at £15,400. Some of the increases I never even received letter for, just noticed when I logged into account. >>>> Would this be a case for irresponsible lending?   - Stopping interest - I've read something on FCA site that they recommend (not policy) that if a customer is put onto a payment holiday then they recommend freezing interest for customer so the debt doesn't continue to build. I've asked time and time again, Amex just refuse.  >>>> Any tips on how to get Amex to play ball?    - Full & Final/Short settlement I've rung Amex today, told them I might be able to pay it off. Initially they said full balance, i then pushed, they then said they would accept 80% of balance, pushed them a bit more, got it down to 70%. >>> Surprised, and then very surprised they would accept 70%, anyone else think this is a bit odd? Normally they wont budge, or they wont budge from their first offer... Could their be something wrong on account (missing CCA etc?), or do they want rid of me and account as much as I do with them?   - Cant really keep going at these £329.74 repayments. Something is going to have to give somewhere. I believe they wont go any lower and they will just default it i send £100 instead of £329 and send it out to NCO/Arrow. This might not be a too bad thing though because this would stop the interest right? Anyone thoughts on this?    Anyone think of anything else I could try with them? Again, its still with Amex, not defaulted or anything yet, yep, its all my own fault, i've spent the money, dont deny that, just feel Amex have took advantage etc.   Many thanks for reading. Any advice is greatly appreciated.   Kr, Mista B.     
    • Ok so we have complained to HMRC but were still no further forward with getting the P45/P60. We need this as DVLA has said they need more proof of who he is before giving him a provisional license.  What more can l do. 
    • Hi All   just looking for some advice. I bought a used Porsche Boxster from one of Marshall motor group’s Audi dealers (can I name them?) recently and was assured that it received a major service in October 2020 in line with the manufacturers requirements. The service book confirms this. The dealer also told me on the phone that they have a 6 month rule with any mot or service being done if due within this period which assured me when making an offer over the phone on the car that it wouldn’t need anything doing for a while as I recall saying that.   However, digging through the receipts post delivery I saw that the service was in fact minor and after calling the specialist who serviced it in Oct both they (Sheepishly) and the invoice confirmed that the car did not receive new spark plugs, an air filter, brake fluid replacement or a new fan belt which have now all fallen due and hence the major service due warning light. Had I not investigated this then the car would have potentially gone another 4 years, so 8 in total without some of these items being done.   i emailed the salesman to ask what they would propose to do. The matter is complicated by my living 450 miles away in Scotland, and 200 from their nearest branch, a Mercedes dealer in the Lake District, so I suggested getting my cheapest local specialist to do the works that have fallen due, however I have received no response.   Whilst I am still within my 30 days i don’t want to reject the car, which is otherwise perfect, but the fact remains that the Audi 150 point check only asks for upcoming mot’s to be checked and not services and surely you wouldn’t buy an approved used car and expect to have the service light come on 2 weeks later and have to spend almost £500 putting it right.   i would really appreciate some advice on next steps and perhaps who to escalate this to. Meantime the car is booked in for 2 weeks time to get the work done at the cheapest reputable place I could find.   Many, many thanks in advance
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Capstone REPO **WON** got SPO 2010 - Acenden now want to enforce it - help!!


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Hello,

l am wondering if anyone could possibly give me any advice,

 

my partner and l have arrears with our mortgage company,

this was caused by my partner having his work hour's cut,

(actually he was one of the lucky few who wasn't laid off),

 

the arrears total £1800,

we have spoken to Capstone who were supposed to ring us back to make an arrangement to pay our monthly amount plus some off arrears,

 

their phoning us was to work out how much we can pay back comfortably,

they never rang but we have had a letter stating that the arrears must be paid or they will go for repossession,

 

we have had this once before and Capstone phoned us 2 weeks later as were continued making payments of our monthly amount plus between £150-£200 pound off arrears,

(l panicked and gave them all my carers allowance and my sons disability money for 3 months)

they tried to make me state l would pay £800 a month on top of the monthly payment, which l couldn't do!

 

To cut a long story short

l am tired of misleading phone calls and from now on will only communicate via mail,

am l able to send Capstone a budget sheet l have filled in myself

rather than give all my financial details over the phone?

They insist it can only be done over the phone!

 

The annoying part is that we will have these arrears more than cleared before it would even get to go to court for a repo,

Capstone don't seem interested in this,

just in how much they can get out of us now.

 

l shall continue to make payments of at least the minimum monthly payment and whatever we can toward the arrears regardless.

 

lm sorry for the long post, my partner is so depressed and is becoming suicidal, l am determined that these company's will not have such a negative affect on my family. We had many a sleepless night before this notice arrived, we feel like we may as well be talking to a brick wall.

 

Rachel.

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Hi,

l am already in contact with Ellen but wanted to post my situation here in the hope that it will help others who are going through a similar process, its sort of pre-repossession.

 

Before Xmas we suffered some financial difficulty due to my partners work hours being shortened,

we fell into arrears with Capstone

we paid what we could against the arrears,

 

 

we didn't have an arrangement as such as anything we offered was never enough,

l did however manage to obtain Capstones bank details and sent payment via bank transfer.

These payments (over £3000) were never received,

the strange thing was every payment suddenly appeared when l gave dates/times of payment over the phone.

 

l told Capstone that £600 was then our limit, this paid the actual monthly payment, insurance plus just over £170 off the arrears.

The next day Capstone rang asking when we would pay our next installment of £800!! £800 they stated l HAD said we could afford to pay each month! :confused:

 

Two weeks ago Capstone rang again stating that we really needed to up our payments (arrears approx £1300)

we informed them that there was no way we could do this,

my partners hours have been cut yet again and we could afford to pay £500 total, not £700,

 

 

£500! Capstone replied that the account would be passed to their solicitors,

we would have to suggest this arrangement to them and promptly hung up!

 

 

we waited contact from their solicitors whilst still paying the £500 via bank transfer.

We heard nothing until yesterday,

arrears suddenly stand at £1900,

the account is now in liquidation and being dealt with by their solicitors pending repossession.

 

 

When my partner stated that we were able to still pay the £500 a month the woman demanded l ring her today to go through income and expenditure (not my partner, she wanted me to ring her!) she needed to confirm from this that we could afford to continue paying the monthly amount along with £150 off the arrears.

 

lt wasn't until later on that l began thinking (stress first stopped us thinking straight) that if £150 were being paid off the arrears, how was our buildings insurance being paid? We pay Capstone little over £70 a month for this insurance, the terms state we need this insurance, if its not being paid then terms are being broken!

 

l am now refusing to deal with Capstone over the phone, after they lied once its a terrifying thought as to what other lies they can add at the own convenience.

 

They dismissed the fact that we have financial difficulty, and seemed totally uncaring in regard to how a repossession would affect my disabled son who suffers ASD.

 

l plan to fight them all the way to try keep our home, l wouldn't have known where to start or have gained courage to even try if it wasn't for reading other peoples experiences on this site.

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Hi there, thanks for you pm's glad you found the repo forum.

 

OK, You do need to keep everything in writing with Capstone - if they did issue court proceedings it will help your case enormously if you can prove you have tried to negotiate and make offer of payment.

 

Firstly, you need to send them a budget sheet and I have affixed the one we use to this post. it's in a format you should be able to print off. If you can't let me know. Remember when filling it in, the amount you are offering towards the arrears each month is the amount left over after everything else has been accounted for.

 

I have also affixed a letter for you to send with the budget sheet. You just need to amend/fill in details where there are XXX's. You must send by recorded (or special delivery) and keep a copy for yourselves. Check on the royalmail website a few days after posting to print off the signature receipt, staple that to your copy of the letter and keep in a safe place - might be a good idea to get a wallet file and keep everything to do with Capstone in it, filed in date order. This will make things easier if we have to put together a case at a later date. Hopefully we won't need to.

 

Any questions, just shout - I won't be back on line till this evening though as I have to attend a seminar this afternoon.

Budget Sheet.pdf

Pat 2010 letter.doc

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

 

 

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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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Thank you Ellen :)

 

l am now insured by another provider :D l can not believe l have been paying so much merely for 'bricks'! New provider has us covered for just about everything plus more & contents for a half of what l was paying the mortgage company provider!

 

New policy is on its way so once that arrives l shall send the budget form, letter, receipt and copy of new policy to Capstone.

 

The telephone has been ringing on/off all morning, l know its Capstone as no one else rings.

 

Just out of curiosity, how long does it take roughly from threat of repossession to actual court date? We haven't even had any default notice mentioned yet. l remember seeing a timescale somewhere but cannot find it now? l too am really hoping it wont get as far as court, l shall file everything as suggested, just in case.

 

Thanks again.

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Hello Pat2010

this Capstones company really are a peice of work

 

it seems they are actively trying to repossess your home come what may.

 

I read your post,

if the arrears were 1300 two weeks ago,

wheres the 600 extra come from.

 

I dont just smell a rat here ,

its dancing before my eyes doing circus tricks.

 

You can bet that the 600 extra is charges added to the arrears to inflate the arrears figure.

 

Have you worked out what charges have been added to your acount since you first experienced financial difficulty.

 

It would be worth sending them a subject access request letter stating that you want copies of all the information they have on record concerning your account.

 

They have to send that to you within 40 days by law.

Make sure that when you do contact them by letter or email you keep a record of all correspondence.

If you have had unfair charges added to your account i would pen a cletter of complaint to the fos,

i believe they are investigating a number of complaints concerning Capstones.

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Hi Newstarter,

l completely agree, these people certainly know how to make families miserable! To my knowledge we are the third family in my immediate area to have been threatened, unfortunately the other 2 family's ran scared which l find very upsetting. All this within the space of a couple of months......those poor people and their children :(.

 

l am going to go through every statement l have in the morning, l shall try work out the charges but l was going to really search for when they stopped taking insurance payments from us when we were insured by a different company, to be honest l cannot ever recall having paid less that £450 a month. lm not 100% sure yet but l really think that we were paying insurance to Capstone even after our new policy was faxed to them by the company we had cover from.

 

l find it strange that the last statement we had from SPML only covered the last months payments, usually they cover 3 months payments, that has me thinking they are certainly planning something, we just never seem to find out what until the last minute.

 

ln regard to the £600 jump, we pay £500 a month via 2 weekly installments, we try to make sure that the weeks we pay leave plenty of time for the payment to reach Capstone for the 1st every month, unfortunately we forgot to take into account the last bank holiday, so we were severely told off for the payment reaching them on the 1st of this month when it should have arrived before the 1st! (But then we were told that payments have to be paid before or on the first of each month! no win situation!) Because this one £250 payment was 'late' it isn't being counted toward this months monthly payment, so yes l think we have been charged for probably being literally hours late with this payment and this months payment has been added to the arrears.

 

Sorry if that sounded confusing, its past my bedtime :)

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sorry i couldnt get back to you sooner Pat2010

 

look this issue of insurance is just a pure [problem],

most banks or building societies would not bother who your insurance was with,

just as long as you were covered.

 

Actionsnotwords has it spot on when he says regarding Capstones there is a pattern emerging of underhand tactics to gain repossession of peoples property.

 

It seems Capstones are trying to clear a large percentage of their mortgage book as part of a winding down process and repossession is their first tactic in doing this.

 

As you know you are just one of many being actively persued by these shysters for money you dont really owe,

 

Capstones are just adding charge after charge to artificially inflate your arrears figure so it looks better for them if they go to court or rather when.

 

Ell enn is right when she says you need to be prepared for court action

 

After reading your posts any outsider can see they are trying to bleed you dry,

making you pay out hand over fist with the the threat of repo.

 

Think about it 1300 is not alot of arrears.

Read the threads on here its minor arrears compared to many so your right to be suspicious so heres what i would do.

 

First go through your statements see how much you have paid in charges.

Send in a subject access request letter asking for all the information they hold on their records concerning your account.

 

Under the data protection act they have to provide that within 40 days.

You will probobly have a paid a considerable amount in charges alone.

 

When they recieve this they will know you mean business.

You need to start and turn the tables with these crooks

 

I would also pen a letter to the F.O.S outlining your case and the way your being treated,

that way if they do decide to go for repo you can say the arrears is in dispute

 

Start to get one step ahead.

It hasnt got to court remember but you can bet your bottom dollar they are working on it however i couldnt see any judge granting them repo with 1300 arrears and you having the ability to pay it off.Remember, get prepared.

 

Keep all records of contact with them in case you need them at a later date,

take down names and times of any phone calls.

Save emails and keep copies of any letters.

 

Dont be bullied into making payments which leave you short of cash,

in my experience a repo hearing saved us a lot of money, at the moment.

 

These people are out to fleece you and still take action.

Pay what you can afford if they are not happy with that then take them on in court.

Fight back pat2010.

 

Just had a thought,

if your account has been passed to their solicitors {DONT BELIEVE ALL THAT THEY TELL YOU}

 

Then being as your experincing financial difficulty at the moment decrease the arrears payment a little

 

,most courts see a reasonable time to pay off any arrears as between 3 and five years although it can be even longer to be honest i would be paying no more than 75 a month of the arrears.

 

That gives you a alittle extra to play with during this hard time

,if they refuse make the payment anyway as it shows commitment to paying off your arrears.

 

Of course its better to pay of any arrears sooner than later but why skint yourself when theres no need too.

 

75 times 17 is 1300 quid thtas less than two years plus when things start to improve financially you have the option of paying more.

 

Read through welshdragon v mortgage express.

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Thanks Newstarter :)

l plan on taking a few hours to go through all my statements today, lm bound to be back for help as lm reckoning l find a few thing that l don't fully understand.

 

lm not taking anything Capstone say as truth, for one , if my account is indeed with solicitors then why was the woman from Capstone so insistent (demanding actually) for me to ring her and to go through an I&E to prove that we could afford the extra payment toward the arrears? She certainly wasn't polite so l very much doubt she had 'our' interests at heart. l could be wrong but l have a strong feeling that that in itself is 'dodgy'.

 

Capstone tend to ring my partner if they want an easy outcome, lm a devil for asking questions and not giving straight answers.

 

That was my feeling exactly, if we continue to pay what we can then surely that looks good on us, were trying our hardest to reduce the arrears yet they refuse payments.

 

l will fight, even if it never gets to court. ln the meantime l am following all advise given and keeping records of everything :) Just in case!

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hi

 

i have had problems myself i had £ 1500 in arreas i was paying £50 a month over my monthly amount they did go down the litigation route but

as i am with a debt managememt company it seemed to put them off the

court route i dont know if there is anything in it but i have only just paid the arrears off and it took 2 years to pay only a thought as a couple of companies took me to court but the judge offered them exactly what my

debt management said .

 

thanks joby

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PAT2010

1)May I suggest you read the 2 threads posted below,both deal with the same company and this is now the course of events on which they have now deliberately set you.

This is now quite certainly a policy decision,deliberate breaches of agreements are being manufactured by this company and those that they represent by pretending they have not received payments, so that they can repossess you.If they do repossess they then sell at an undervalue,any equity is stripped out of your home by the charges levied post eviction and you end up owing them money.These are the hard facts founded on experience over the last 18 months.

 

2)Ensure by every means possible that you receive acknowledgement from them that you have cancelled your existing insurance and replaced it with a new one,because another old trick is to deny this and keep charging you.Make sure everything is in writing.

 

3)YOU ALREADY HAVE A fos COMPLAINT AS ARREARS FEES CHARGES HAVE BEEN UNFAIRLY ADDED TO YOUR MORTGAGE ACCOUNT( grossly inflating the true arrears figure),

YOU MUST MAKE A COMPLAINT A.S.A.P.

The reasons for this will become clear when you read the threads below,capstone will be charging you £115 per month for every month you are in litigation with them.

 

4)Your case is winnable , every one dealt with on the spml thread has been won so far,in total 7 if you follow the procedures laid out, so please try not to worry too much , good preparation is your best defence and you have acted early.

Please tell everyone you know with similar problems to come to this forum.

 

The links:for you to look at.

 

 

http://www.consumeractiongroup.co.uk/forum/home-repossessions/258856-michtell-capstone-spml-court-2.html#post2923347

 

http://www.consumeractiongroup.co.uk/forum/home-repossessions/259251-spml-repo-21-may.html

 

 

This has to be stopped,we are currently drafting a letter to the regulators the FSA to take action,would you be prepared to add your name,we will post the complaint up and all you have to do is copy it and add your name and email,no personal details will be revealed here.

 

SITE TEAM

We are now seeing a flurry of repossessions from these lenders the SPML/LMC thread has vastly experienced participants in this field and are aware of every trick these cowboys pull.

Could you please provide a link on our thread for any new repossession case coming up concerning this group of companies, alternatively redirect firstly to our thread so experienced help can be given , caggers on our thread are not aware of what is going on..

Edited by actionnotwords
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Thanks Joby,

We are with a debt management company too, have been for over a year, not sure if this would have any influence over Capstone either as they are out for the kill at the moment :(.

 

We have had arrears with Capstone twice previously, but we paid them off in total as soon as they rang, l think they assume we can now do the same as we did back then, but money is tight right now, and l cannot make them a promise to pay x amount as l don't know what the future holds. Paying extra on top of the monthly payment is as good as it gets for the time being.

 

Thank you Actionnotwords, l have been following a lot of threads, both which you mentioned included. l agree they need to be stopped, l would be more than happy to add my name to your letter and l most certainly will recommend this site to anyone l know who is having similar problems, l expect there are quite a few in my area who are victims of the same company as we all bought at the same time.

 

ln regard to my new policy, would the recorded delivery receipt be proof they received it as l plan to include a copy of this with my budget form and the letter Ellen drafted for me? l shall of course state that l need written confirmation that they have it.

 

My new insurance company have said they will be contacting SPML regarding my old insurance as we have never claimed and SPML need to confirm this.

 

When should l sent a subject access request letter, and is this the letter where l also include a payment/postal order?

 

Lastly, (and l will look this up on the forum but am useless with searches) the complaint to the fos, would l need to send statements as proof of charges, l have 2 statements gone awol, due to the flood.

 

lm sorry for all the questions but like said, early action. lm determined not to let these people take my home no matter how much they scare me.

 

Thanks in advance.

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hi pat

1)ln regard to my new policy, would the recorded delivery receipt be proof they received it as l plan to include a copy of this with my budget form and the letter Ellen drafted for me? l shall of course state that l need written confirmation that they have it.

 

yes this should be fine,key is to do everything in writing

My new insurance company have said they will be contacting SPML regarding my old insurance as we have never claimed and SPML need to confirm this.

 

again confirmation in writing

When should l sent a Subject access requestlink3.gif letter, and is this the letter where l also include a payment/postal order?

 

Lastly, (and l will look this up on the forum but am useless with searches) the complaint to the foslink3.gif, would l need to send statements as proof of charges, l have 2 statements gone awol, due to the flood.

 

will pm you about these 2.

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Hello,

sorry for my delayed reply, my little boy wasn't very well so have had a busy weekend.

 

l think l have everything l need now (policy still hasn't turned up but hopefully tomorrow!) so can start the ball rolling!

 

Nerves don't fail me now!

 

Thanks again,

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Hello again,

l have a problem, there is still no sign of my new policy from my insurers, l have rang and asked as to how long the policy will take to arrive and my insurers are awaiting a response from SPML.

 

l don't want to wait any longer to start sending everything l need to them, lm half expecting a letter regarding reppo to drop through the letter box any day now (l realise it may not and this is just what Capstone want me to think)

 

l have my budget sheet ready, and am currently printing out my SAR's letter's as ours is a joint mortgage, l also have the postal orders ready to go.

 

Can l alter the letter Ellen drafted for me and remove the bit about the policy, l could always send the policy copy and a letter at a later date couldn't l? l have no idea how long it will take SPML to get in touch with my insurers and don't want this wait to halt everything else l can do in the meantime.

 

Also do l make my complaint to the FOS now? should l mention that l have sent a SAR to Capstone or do l wait until l hear from Capstone before l make the complaint?

 

lm sorry for all the questions, l think l have literally overloaded myself with info these past couple of days and need to be sure l am doing everything right.

 

Lastly (sorry) we were charged for PPI, on our mortgage, should l also try claim this back? lm going to browse the forum for more info as soon as l finish printing these papers off.

 

Many thanks.

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PAT

I would recommend that you modify Ell-enns letter re the insurance problem.Long experience has shown that SPML in reality Capstone will spin this out no end so that they can keep charging you the £70 per month.

see this link for a typical example:

Capstone Mortgages - Disgraceful - Ripoff

 

change it from this :

Also enclosed is a copy of our own buildings insurance certificate and we request that you now cancel the expensive insurance you have been charging us £70.00 per month for.

 

to this:

I wish to give you formal notification that the buildings insurance cover I have from you is cancelled forthwith and request that immediately on receipt of this letter you notify my current insurer(name address etc)that I have made no claims during the period I was insured through you.

I reserve the right to produce this letter in any proceedings should there be any unnecessary delay in your notification to my new insurer or your cancellation of my current policy.

 

Yes make the fos complaint now based on an estimate if possible,they may just give you a ref number but this could be useful later.State you are awaiting confirmation and determination of the exact amount of arrears fees added to your account from the sar you have sent to capstone.

 

I am not familiar with ppi so let us know how you get on with your research.

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I wish to give you formal notification that the buildings insurance cover I have from you is cancelled forthwith and request that immediately on receipt of this letter you notify my current insurer(name address etc and Policy number if you have it)that I have made no claims during the period I was insured through you.

 

Could your new insurers email the policy to you ? Did you do it over the phone or on the internet?

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Hi Ell-en,

l did it all over the phone (new insurance) l was given a ref/policy number, l will check to see if this is my actual policy number as l also wrote down next to it when the cover started, local office info and such.

 

You will never guess what l have just realised by looking at my statements, on my very first statement after my very first payment we somehow were already in arrears by £2.59 :confused: we have been charged interest on arrears from day 1.

 

Surely this can not be right, can it?

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PAT

I would recommend that you modify Ell-enns letter re the insurance problem.Long experience has shown that SPML in reality Capstone will spin this out no end so that they can keep charging you the £70 per month.

see this link for a typical example:

Capstone Mortgages - Disgraceful - Ripoff

 

change it from this :

Also enclosed is a copy of our own buildings insurance certificate and we request that you now cancel the expensive insurance you have been charging us £70.00 per month for.

 

to this:

I wish to give you formal notification that the buildings insurance cover I have from you is cancelled forthwith and request that immediately on receipt of this letter you notify my current insurer(name address etc)that I have made no claims during the period I was insured through you.

I reserve the right to produce this letter in any proceedings should there be any unnecessary delay in your notification to my new insurer or your cancellation of my current policy.

 

Yes make the fos complaint now based on an estimate if possible,they may just give you a ref number but this could be useful later.State you are awaiting confirmation and determination of the exact amount of arrears fees added to your account from the sar you have sent to capstone.

 

I am not familiar with ppi so let us know how you get on with your research.

 

Thanks ANW,

l think l will leave the PPI for the time being, when we first took out the mortgage we had a reward after paying the first month on time, the second monthly payments was taken but then paid back to us as a 'thank you' for the timely first payment....well they may have given us the payment back but it looks like they have put it down as arrears on the statement. On one part of the statement l can clearly see where they refunded Insurance overpayment - then promptly took it back again!!

 

lm so confused as they mention payment via cheque, we have never paid by cheque! This too was Insurance related, again whatever they pretended to pay back they immediately added back onto the account.

 

What have these people been doing with our money :shock:

 

lm going to send the SAR off now!

 

lm also going to need to change my Budget sheet as l have worked out that l was paying Capstone an additional £81.35 a month insurance, which they wont be getting anymore.

 

lm going to go over each and every statement l have to see what else they have been up to!

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We had solicitors letters delivered on Saturday stating that on behalf of SPML, they have issued court proceedings due to us being unable to clear the arrears, the solicitors enclosed a full breakdown of payments and such since the mortgage began.

 

Today we had 2 letters delivered, one to the 'occupier' the other addressed to me.

 

We have a court date,

23/06/10.

 

lm a bit stuck on the charges and arrears fees and such so if anyone can help l would be grateful.

 

As far as the solicitors statement shows we have only been charged one litigation fee of £115.00, one at £50 but have lots of 'interest on arrears' and lots of 'Arrears management fee's', are all these charges? l want to get them all added up today so l can get the complaint in to the FOS and fast.

 

 

All letters have been sent off, now awaiting replies.

 

Arrears are now stated as being £1966.07.

 

Thanks in advance.

Edited by Pat2010
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Hello Pat,

these arrears are not a huge amount,what you need to avoid is a suspended repossession order if you have to go to court.

To see a partially filled in fos complaint which you could download and fill in the details please see here post 362.:http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/210243-mortgage-securitisation-equitable-legal-19.html#post2934216

I would strongly suggest you have a look at the link I sent you and ask on there for specific help re. the itemised charges.

I believe they are allowed to charge interest on the arrears it is the arrears management fees that you can definetely dispute.

Edited by actionnotwords
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Hi there, have you actually received the possession papers from the court? or is it just the solicitors advising you that they have applied?

 

Obviously the letters you sent will not have been delivered before they applied for a court date, so there is still a chance they will accept your proposal and cancel the court hearing. You have until 14 days (you would get away with 8) before the court hearing to send in a defence and I can help you with that.

 

Make any payments due in the meantime, it will help your case.

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

 

 

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Thanks ANW,

Have signed up to the link you sent me :)

 

Now l have calmed a little and read through the letters properly, l have noticed that Capstone have stated they have tried every possible solution in helping us with the arrears situation :confused: , the last phone call we had from them we offered a payment and they bluntly said no- off to the solicitor it goes! The solicitor then goes on to say that if l disagree l should contact them immediately. Should l complain, l have no proof of the phone call but we were paying the amount offered to capstone weeks before we had that phone call and the payments were for the exact amount we verbally offered.

 

l have had a suggestion made that l may be able to come to a repayment agreement via capstone solicitors, maybe save going to court and having yet more charges added to the account, is this worth a go?

 

Pat.

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Lets wait and see what reaction you get to the letter you sent, as you sent the solicitors a copy they will talk to Capstone about your offer. (although the letters wouldn't have been received by them when they applied for a court date).

 

As already said your arrears are not a great amount and the fact that you have already been paying what you offered will stand you in good stead. The solicitors will know that they have no chance of getting possession in these circumstances and I would be very surprised if they don't cancel the hearing.

 

I know it's a stressful situation, but you have plenty of time for them to reply to your letter. Try and stay positive while you await their reply.

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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Thanks Ellen,

 

l have resent via recorded delivery the letters to the solicitor, l now have a fixed address and not a po box.

 

The letters will most certainly have crossed in the post as the letters l had delivered today were sent out yesterday.

 

The solicitor has made a mistake on the letters they sent, l shall PM later as l have to pick my son up from school.

 

Thanks again,

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