Capstone REPO **WON** got SPO 2010 - Acenden now want to enforce it - help!!

[Markiemark1]

I'm reading this through, and to be honest Pat if you are making an offer - and draw all Capstone's failure to comply with the Pre-Action Protocol to the Court's attention, ask for the claim to be adjourned on terms that you pay the current instalment plus £x per month. The Judge can do this and that way all the time you are paying then nothing more can happen - and you don't have a possession order, suspended or otherwise. Worth a go!!

[Pat2010]

Hi MM,

 

The offer l made has been in force for a while now, l have stuck to paying the extra £70.00 a month like glue! l have added all proofs with my defense.

 

When would be the best time to bring this up? or is it likely that the judge could have come to this conclusion already?

 

Many thanks.

[Markiemark1]

I'd push home ALL of the issues that you have and then ask whether the Judge would consider adjourning the matter on terms that you pay the CMI (current monthly instalment) promptly on the due date and clear the arrears at the rate of £70 per month, first payment on or before the......

 

Also, you could ask that costs not be allowed in the matter given all the issues you have raised. There is a general indemnity in the conditions that would allow them to hit you account with the fees, but the Judge can overrule this if appropriate.

 

MM

[Pat2010]

Thanks MM,

The only problem we would have there is that we don't pay by the exact date they state, we did have it said over the phone that providing the months payment plus payment off the arrears was paid within the month it was due was fine, but we have no solid proof that this was said.

[Markiemark1]

When is your contractual date Pat...strictly speaking the Court can't alter the date.

[Pat2010]

1st of each month.

[Markiemark1]

Ok, so it's due on the 1st - have you paid this month yet?

[Pat2010]

Yes, we pay via 2 weekly installments. Both paid within the first two weeks of each month. (ie as near to the 1st of each month as possible)

 

l know we will probably be told off for this as were not sticking to the terms but it is the only way we can pay being paid weekly ourselves.

[Ell-enn]

Hi Pat, statement for tomorrow affixed. You need to attach a copy of the deed and council tax bill and also copies of your correspondence complete with royal mail signed for receipts.

 

You will need 3 copies of the above, one for the judge, one for the other side's rep and one for yourselves (also take your copy of the statement you took to court earlier.

 

The hearing will be in a private room with just the judge, the other side's rep and yourself and you will be sat around a table, like a meeting. When the judge has finished addressing you, say "Sir(or madam), please may I submit further information", then just hand it over to him/her. Pass a copy to the other side's rep also.

 

When you get to court the other side's rep may ask to speak to you - if you - it's best to say you'd rather wait for the judge to review your case.

Pat2010 Statement for Court Part 2.doc

[Pat2010]

Thanks Ell-en your a star!

 

l have everything in order now, but l will triple check before we set off tomorrow.

 

l do not have the proof of posting for the letter we just sent as my daughter took that to the post office on her way out, she will try get home before we go to court to pass this over, if not l have a copy of the letter we sent.

 

Do we also take the copy of the solicitors defense with us?

[Ell-enn]

Take everything you think you might need. However, these hearings rarely last more than 10 minutes. Yours might only last 5 when the judge sees that deed !

 

Try to get to the court really early and ask the usher if they can put your new statement in the file for the judge to read before the hearing. Don't worry if the can't you can just give it to him in the hearing.

 

Stay positive, it'll soon be over and you will be able to relax knowing your home is safe . I'll be thinking about you tomorrow. What time is the hearing?

[Pat2010]

lm sure l wont need most of their defense then, 108 pages of it are terms and conditions so l think l will take the other bits with me to refer too. (lf only to look totally organised).

 

The hearing is at 2.30, we should get there around 2pm if not just before. Should l get there even earlier?

 

l didn't realise the hearings were that short, that takes a weight off!

 

God only knows why l thought l would be there for hours on end lol.

[Ell-enn]

If possible could you drop your new statement into the court in the morning? that way there's a better chance of them being able to put it in the file for the judge before the hearing.

[Pat2010]

Yes, we can do that no problem

[Ell-enn]

Great stuff, the earlier you get it there the better, courts usually open at 10.00.

 

Let us know the outcome as soon as you can

[Pat2010]

CAG will be my first port of call once l get back

 

Thank you so much, we would never have got this far without all the help and support we have been given.

 

x

[Ell-enn]

Happy to help lenders like Capstone/SPML need to be made to answer for their behaviour

[actionnotwords]

Pat,

have been following your thread and the excellent advice given.

MM IS ABSOLUTELY RIGHT IN THAT YOU SHOULD TRY AND RESIST A SUSPENDED REPOSSESSION ORDER AT ALL COSTS.

EXPERIENCE HAS SHOWN THAT CAPSTONE REGULARLY AS PART OF THEIR TACTICS ATTEMPT TO ENGINEER A BREACH FORCING YOU INTO EVICTION BY FEIGNING NON RECEIPT OF PAYMENTS ONCE THEY HAVE THE SUSPENSION.

 

Stress to the court that you have made a very reasonable and valid offer in compliance and observance of the protocols and that a suspended order is unecessary and indeed bringing these matters to the courts attention and the associated extra burdens of costs to your account were totally uneccessary if your offer had been simply processed and agreed ,there was in fact no earthly reason for them not to agree it had they observed the protocols and used possession as a means of last resort and further saved the courts time.

It is extremely wasteful when you have made an offer to have it endorsed by a court,this is the very thing the protocols seek to avoid ie. a waste of court time.Had you made the offer and they had agreed it,the time to enforce it with a suspended order was if you had actually breached it.

May I add my very best wishes for tomorrow,luck should not come in to it,it will soon be over,try and stay calm and patient and lets hope you get a sympathetic judge ,come out with a better deal and they get their tails burnt..

To you its your life to them its just a job and youre an account number.

That's what makes me so angry about this shower,half of these cases should never even get to court,yours being a prime example.

[Crapstone]

lm sure l wont need most of their defense then, 108 pages of it are terms and conditions so l think l will take the other bits with me to refer too. (lf only to look totally organised).

 

The hearing is at 2.30, we should get there around 2pm if not just before. Should l get there even earlier?

 

l didn't realise the hearings were that short, that takes a weight off!

 

God only knows why l thought l would be there for hours on end lol.

 

Just make sure you've had a tea or coffee before.. as the machines are expensive and pour out some alien liquid!

 

The judge will have looked at what you have submitted. The problem is getting them to listen without moving you on as part of a herd in the 20 minutes or so you are given.

 

Be polite and be yourself. Shake hands and keep those notes handy. I was scared and dreading it but I put my side across and left knowing that I did my best. Must be doing something right as we still have the same home and our arrears were more than yours.

 

It really isn't that bad..just a table, a judge, a numpty trying to flick through their ill advised notes, and you.

 

Still sending the good things .....xxxx

[Pat2010]

Thank you all for your comments and advice, we would never have gotten through this if it wasn't for all the help we have had, Ell-en you have been absolutely brilliant, l honestly can not thank you enough .

 

Well we got our paperwork in well before the hearing, when we arrived for the hearing we were approached by the other sides 'agent' he was very polite and even admitted he knew nothing of the case until an hour before we arrived. He didnt request a 'chat' as such as he also was quite happy for all arrangements/paperwork to be reviewed by the Judge.

 

He did however explain the layout of the room we would be in and forewarned us that the judge we were seeing dislikes being interrupted, asked us to be sure any mobile phones were on silent and just to be polite and listen as this judge wastes no time, likes things done quickly and talks a LOT!

 

and he did!, we must have been in the room all of 10 minutes, the judge looked over the paperwork we submitted, the agent from capstone offered the judge the copy of the 'protocol' form which the judge just put to one side, he asked us if we were comfortable with paying what we had offered and pointed out a mistake we had made regarding our property numbers

 

he confirmed that we had been paying what we had offered (totally cutting off the capstone agent who had started speaking) and that the payment should be paid by 1st but never mind that, and then stated that the possession be suspended, l didn't quite catch what he said next but l did ask what he meant and he stated that providing the full monthly payment plus £70 off the arrears was with Capstone (SPML) by 28th each month then no further action would be taken. l questioned that some payments seem to vanish once leaving my account. Would this see me back in court? The judge said that providing l had receipts of any payments in dispute any further action taken would be frowned upon (and he gave capstone agent a stern look!) l was surprised when he thanked us for attending, he was surprised when l went to shake his hand!

 

The judge was in no way grumpy at all, he was actually quite jolly and didn't mind my asking for clarification on points l didn't understand.

 

We stood to leave and the capstone agent was sat there open mouthed lol, he didn't get to say anymore than 5 words total!

 

So although we ended up with the suspended order, l got a strong feeling that this judge knew capstones ways pretty well. He commented on how well set out our statements were and asked about my disabled son!

 

Only downside was the costs, these will be added to our account but should not be paid off until the arrears are cleared first.

[Ell-enn]

I'm so pleased it went OK for you - well done for being so brave

 

What was the mistake about the property numbers?

[Pat2010]

lt was the mortgage deed that held the correct house number, l had mistaken this for the house deed, the actual house deed showed the number of the property that does not exist

 

Even the capstone agent was confused by this.

[Crapstone]

Well done Pat!!!!! And a hug for Ell-enn too.

 

Have a good nights sleep at last! Then get on Capstones back to get the charges removed and turn the table on them. Don't forget to ask for a full breakdown of the legal costs with proof. I questioned some and they couldn't provide anything so they had to take them off the account.

 

Again, well done! It's a difficult, scary and emotional time but once it's over you feel 100% better and wonder why you were so worried in the first place. It just make you that bit harder and more determined for the fight

 

A big hug and best wishes xxxxxx

 

P.S. Capstone hate being paid other than on the 1st of the month, so be prepared if they delay your payment or try to add charges. Don't call them. Just get everything in writing from now on.

Edited June 23, 2010 by Crapstone
Added comment

[Pat2010]

l reckon l would have slept soundly last night if it wasn't for the heat lol.

 

lt feels strange now, not really having anything to worry about, you were spot on about the drink machines in the waiting area Crapstone, we didn't buy drinks but a lady who did pulled a right face when she looked in her cup!

 

l was really shocked at the fact that l found out on our way out of chambers that the posh dressed people stood in a corner of the waiting room were actually the free advisers that attended the reppo hearings everyday when l rang earlier in the week l was told there weren't any! So l would ask anyone who is going through a hearing to check with the receptionist when they get to court.

 

Your absolutely right, l do feel better and yes, l now wonder why l was so worried in the first place.

 

Capstone said that paying as we are was fine but l still expect them to whine and try adding charges, and l shall definitely ask for a breakdown in costs too. The judge did state that they would add interest on the court costs, l reckon capstone will waste no time in adding them.

 

Ell-en deserves a medal for everything she has done to help people, unfortunately the best we can offer is regular donations come pay days

[comebackjimmy]

Just found this thread and followed it all the way through. Well done.

 

Would like my name added to any group action against Capstone.

 

Hope you continue this thread with your fees and expenses claims against them.