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    • The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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Pat2010

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

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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.

 

Sorry Ellen, l missed this post.

 

The letters we have are from the solicitors giving us a court date of 23/06.

One was addressed to me, the other to the 'occupier or tenant' not my partners name.

 

.

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Is the mortgage in joint names?


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Yes, the mortgage is in joint names.

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OK, just wondered why your other half hadn't had a letter.


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Sorry, did that sound blunt, was rushing to get to school.

 

Me too :confused:

All letters from Capstone and SPML are always addressed to us both together. The solicitors letters are sent separately (the ones saying they were seeking action) one to me, one to my partner in his name.

 

The ones we got today have me a bit confused.

 

Hi,

l have come to the conclusion that lm an idiot!

 

This morning we got papers from the court itself, within these papers Capstone have declared that they had no payments for April or May, which is untrue and l have statements to back this up.

 

My worry now is this, l already sent off the budget sheet and on this l removed the insurance payment (insurance being paid to spml - mortgage payment to capstone) as we were under the assumption that our insurance payment was included with our mortgage payment (we never received any paperwork to say otherwise from spml) and now we have a new provider l wasnt paying twice. On the court papers l notice that our monthly payment is supposed to be £432.05, insurance payments being 0.00!!

 

After taking a good hard look at the statements l have we have indeed NOT been paying insurance as such, we were making the usual monthly payment but Capstone were then giving over £83 of this payment to spml for insurance, hence bringing about arrears on our actual mortgage. l can now see that the insurance payments were added to our outstanding balance instead of being subtracted (as we didn't know we should really have been paying another £83 + on our account a month).

 

Am l too late to send in a revised budget sheet? The one l sent is now showing that lm not even making the full monthly payment?

 

After spending some time going through all our outgoings with my partner we have cut back on some things and canceled a couple of luxuries, luckily these cuts now mean we can afford the monthly payment plus just the £70 off arrears.......but it is too late to change what l know they will already have refused?

 

l reckon l have just made things a lot worse.

 

Pat.

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Pat ,

just send it in again stating you have made an error and have now corrected it ,this is honestly no big deal.

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Thanks ANW,

 

l think lack of sleep from the kids being ill one after the other is really getting to me!

 

l will redo everything tonight and send again 1st class recorded in the morning:)

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Pat

 

I seriously would not worry about this. Let them explain why the agreement is not crystal clear so that all parties know where they stand. They have no right to insist upon insurance with them. It's just another one of their money grubbing tricks and likely to be regarded as unfair.


Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Thanks Enoughisenough,

 

lm becoming such a wimp honestly, l really need to get a grip, these people already have my partner in a very bad state,

 

 

he told the older kids today and now their saying they want to sell their personal belongings to help...which has now made him feel guilty! lts heartbreaking seeing him like this.

 

l would be totally at a loss if it wasn't for everyone here who has gone out of their way to help us.

 

We had a very polite (almost sounding helpful) phone call from Capstone this afternoon.

We made a note of the name of the person calling/time/date.

 

Our other missing payments suddenly turned up,

we spoke about the error on my budget sheet which l corrected over the phone and also advised l had resent in writing.

 

 

After convincing this woman that no we weren't having approx £300 to 'play with every month' she actually did the math and figured we had just over £70,

this was agreed in principal to be added to the usual payment over the next 2 months.

 

 

This woman then went to confirm the extra payment with her superior,

the idea was if we could make this agreement now then the court date may possibly be canceled :confused:.

 

 

l agreed £250 a week for the next 3 weeks which they explained would lessen the arrears and look good if it did get to court.

 

 

l was told (but do not believe for a second) that if l could pay £250 for the next 4 weeks,

they would look at canceling the court date,

coming to a new arrangement with us and wiping the arrears????????,

 

 

l explained again that l could afford £250 for the next 3 weeks and that was it,

with only £70 and a few pennies left over each month how could l be expected to pay 4 weeks at £250!

 

 

This was ignored, and l was told that regular payments would be reviewed up until the court date at which point they would let me know if l should attend court or not.

 

l asked for this to be confirmed in writing. Then reminded her that we had insisted on being contacted in writing in our letter which she confirmed they had received .

 

l also asked why the usual monthly payment of the mortgage given on the court papers differed to the amount given in our last letter from them regarding our new monthly payment, the woman said that things don't always match up but it was nothing to worry about!

 

lm not convinced, yet again they ring and demand more money politely. Even if they do say were not to attend court l shall still go just to be sure.

 

Pat.

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You absolutely must go to court, unless the hearing is cancelled and you get that confirmed by the court. It's true that if the hearing goes ahead, any payments you have made beforehand will help your case, so pay what you have offered.

 

We have plenty of time to get a defence statement done, the court will accept it up to a week before the hearing. Don't worry, I'm sure it will be ok.


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Can I call them ****? Tough it's already done!

 

You have to do your own math and GO TO COURT. Make an offer you can stick to and insist it goes to the arrears only and not the overall amount. You have to be firm, otherwise they use the money as they see fit and you will be stuck in arrears even though your borrowing decreases.

 

The lady is right, they don't always match up..and that's their worry to brush over.

You need to have an evening or 2 to look over all the figures and not be afraid of questioning them.

 

 

They will lie..Gosh.. they had my stuff on a screen in front of them but still covered it up to the highest level.

 

 

Saying they hadn't had payments and I had to prove it.

The SAR did it for me, or should I say more than 1 that told the whole story.

 

Get the charges wiped off after that via the FOS.

 

Don't speak to them on the phone..make a note of who calls and when but don't discuss. You want everything in writing.

 

I've only had 7 years dealing with these idiots..but they leave me well alone now, until I bother them.

 

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.

 

Yes they are all charges..and ones you can get back. Capstone and SPML disputed mine ....but wouldn't or couldn't justify them.

 

 

It was nothing more than a whine that they always get picked on and lose.

They deviated from talking about my case,

to their whole relationship with the FOS and moaned about that the amount of times they were found against and it being biased. No wonder I won..I felt like an outsider.

 

I haven't read up on your whole case but if you can prove you have been in contact with them and can put faults on them then you stand a good chance.

 

 

Arrears mangement, interest on arrears..Have you asked them for a copy of the original contract yet or their fees? The FOS asked them for a copy of their fees and they declined..hence they had to rule as unreasonable.

 

I know how you feel...It's not easy but it will get better..and you can get through this.

xxx

 

Seems like they put you on block building insurance

..they put it on, take it off, then add it on again until it looks like a mess.

 

 

All part of the [problem] to get you into arrears.

That's why I got into arrears in the first place,

they took more than they were entitled to.

 

 

I didn't sign up for their insurance,

I had my own but they wouldn't refund the money.

 

 

They used it against payments meaning that I was in front and paying 2 lots of insurance. That's the budget out the window..

 

Every year they try the same thing on with lost insurance..even though I fax it, mail it and the insurance company do the same.

 

 

What 's different now is that I look forward to the crap apology and declining the offer of £50 in compensation.

 

It always helps to see you aren't the first to go through this..Stick to your guns.

 

 

Ell-en will give you some good advice, although the beggers don't always play by the rules, and unless you've been there you can't imagine how far they go.

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Thanks, Ell-en, lm going to wait and see if this 'arrangement' is forwarded in writing, l have a feeling it wont be as she added an extra payment of £250! My partner is happy, he actually believes what she said, we could pay the extra payment if we borrowed from my son (DLA), would a judge find it unreasonable that they had forced me to steal (and in my eyes l would be) from my disabled child due to them offering false promises and giving false hope. l took everything she said with a pinch of salt. The woman originally rang as my outgoing were way to high so l asked her to confirm how many people were living at the property, the size of the property and why my bills were basically double the norm, her reply was 'Heck, how do you manage?' :|

 

l shall still attend court regardless, unless as you say the actual court itself writes to me, our payment before the hearing will be made on 17th, 3-5 days to get to them makes it 22nd-25th (although on my statement SPML state they recieve the payment within 24 hours - Capstone say they get it within 5 working days :confused:) l think the woman forgot to do her maths again!

 

Crapstone, thank you, wow, 7 years is a long time, did you also find that what once scared you a little suddenly began to fuel your anger. Were the same here, we would have had no arrears if it were not for the fact that they played the 'insurance' game with us too, this began nearly 2 years ago but Capstone now state that the arrears only go as far back as October last year :confused: and from the figure shown in my earlier post although £450 in payments have been made we were told that arrears now stand at little over £1700:confused:. l think l will write and question this and also state that any overpayment made must be used toward the actual arrears, and what charges have they added as these amounts don't add up. l would love for them to have to explain to the courts as to why Capstone have told them our monthly payment is more on the court papers than they say we should pay, its only a couple of pounds difference but it soon adds up. Another ploy to add more arrears to the account over a period of time perhaps.

 

These people don't help, they hinder.

Pat.

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It's a long story for me Pat..They put us into arrears with the insurance [problem]..even though we were ahead with payments. OH didn't tell me and stopped paying in dispute, until they sorted it out. They were taking more than they were entitled to so he cancelled the payments. I didn't find out what was going on until the 11th hour..

 

I put a case together (pre-CAG) and we were ordered to pay £50 per month on top of the usual payments. They lied to us and tried to get us to pay more than we could afford in return for dropping the action....Despite sticking to the court order they put on charges that far exceeded what we were paying. We'd pay £50 and they'd charge us £65 +.

 

My anger is for what they have done to us as a family, not through being scared by them. It took months to set up payments with them again as they blamed our bank, and our bank blamed them. So we sent cheques, of which they said 2 had not been received. That led to a family split as I wrongly blamed my OH for not making the payments. Capstone had already sent an eviction notice by 'mistake' earlier, and that made my blood boil when they laughed it off..and I do mean someone laughing before they they would agree to fax us that is was a mistake. In amongst all this I started an FOS complaint..which we won. Got all the charges removed but the issues with missing payments didn't come under that complaint as it was after it was made. They dealt with the bank issues, charges and their error in sending an eviction notice. A few months later they started the charges again even though the FOS had told them that they would take a firm stance on them.

 

I started complaining again and then sent off an SAR. Which came back blanked out and showed nothing of use. They sent another and that showed that they had received the cheques but put them as not being signed. Further ones showed more and more details so we could put it all together. Complete bull .was what they told us ... if that was the case why did they not return them or tell us? Instead they denied them ...when it would have been clear to them on the screen that they had been sent and received. I spent months prior to this arguing the odds and all I got was 'Prove it' ..I did and then he went very silent.

 

All refunded again without even asking and the other issues are being dealt with.

 

Your arrears are a lot less than mine were and you have more money to throw at them, so keep your chin up. Check your credit reports as they lie on those too.

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hi this is my first time n here , firstly i can sympathise with you guys! i had my property repossesed last year thru spml/capstone what a bunch they are ! I accumilated nearly 20 k in arrears and charges over 2years t was completely a true nightmare for me and my family.I ended up being declared bankruPt and severley affected my mental health its ony now i,m starting to rebuild my life slowly but surley.At first when my mortgage rose from £550 per month to £650 it as ok ut after the 3 yrs were up it rose to £920 per month and they would accept anything less so it just got bigger and bigger until it was impossile.They really are a patronising lot ,one call just before repo took place a capstone "advisor" laughed at me over the phone cause i couldn't raise 20k ! Not sure if i can claim any thing back as it was deat with thru my bankruptsy although somene said i may be able to claim as a msis sold mortgage ?

Edited by glasgowboy

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Hi Crapstone, l am so sorry to hear of the ongoing battles you have had to put up with with these people. We have been through the insurance [problem], they cannot see the problem, or at least they are pretending they cannot see anything wrong. Capstone are being very sneaky with us at the moment, l don't think they are showing the actual charges they are applying to our account, lm certain there are more that they are not showing us. l just want to try get this court date out of the way first, but the second l return home l shall be sorting the charges, all charges so far, if they were set aside then Capstone owe us money....no win situation.

 

How can they simply 'laugh off; an eviction notice? l sometimes wonder if they send these notices by mistake or if they figure they haven't quite messed with you enough yet so throw another spanner in the works.

 

Did the FOS do/say anything when Capstone continued adding charges even when told they couldn't?

 

Glasgowboy, we were lucky in a way as my partner was working much more than he is now when out fixed rate ended, we still tried shopping around for a better deal, tenants right to buy even sent out an advisor to help us switch to another mortgage company, she took one look at the paperwork and said she couldn't help us, l should have realised then that something was dodgy.

 

l would definitely look into the mis-sold mortgage, lm not sure if anything would come of it but there's no harm in finding out :).

 

Well we didn't get the 'new arrangement' confirmed in writing, so they are getting what l said could afford on my budget sheet. Capstone said they would be ringing me again on the 18th June, would l be doing the right thing in ignoring the call as l really want this settling in court now, these people have upset my partner and my older kids, and l don't want to be caught off guard and taken in by their pathetic lies again.

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Best advice is to pay what you have offered on your budget sheet - it will look good in court if you do that. What date is the hearing?


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Hi Ellenn

court date is 23rd June in the afternoon.

 

We have had another letter off Capstone this morning, could we please telephone them to discuss the current arrears position on our account - £2069.05

 

Their trying to make out that payments are missing again l reckon as that total even with charges simply isn't right.

 

l am not going to ring them but lm wondering if this would give me a good opportunity to write and ask again for the arrangement made over the phone to be sent to me in writing?

 

Partner is still determined to pay the extra £250 in the hope it will all go away :(

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Don't pay more than you have offered in your budget sheet - if you do that they will say in court that you have managed to find the extra so you should pay that every month.

 

Your arrears are very low compared to some repo cases and I am certain that the judge will allow you to pay the arrears at the amount you have budgeted for.

 

There is no reason why you shouldn't telephone them, you've nothing to lose - just don't agree to anything other than you have offered already and if they insist on more, tell them that you'd rather wait and go before a judge to have your offer considered (they won't like that - judges have little time for Capstone as a rule). You should also ask for an up to date statement of your account within 7 days. Be strong with them and don't take any nonsense.

 

Tell your partner it won't go away simply because you pay an extra £250.

 

Ellx


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Hey Pat just a thought, any chance you can record the phone call with Capstone. It could be a trump card if they say something that wasnt said?. Just a thought.

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Hi,

Sorry l haven't been back before now, poorly kids liked sharing sickness bugs!

 

lm putting everything in writing for now, l plan to buy a machine that records when l nip into town on Thursday.

 

We have yet another problem, my partner rang this morning to say there's a strong possibility that he is going to be sacked/suspended from work tomorrow.

 

This is through no fault of his own, lm waiting until he comes home this evening so l can see this letter he has been given for the meeting he must attend tomorrow, then lm going to ask for advice here.

 

But in the meantime were sort of 'stuck' as l don't know which way to turn until we see what happens tomorrow. We never did get round to reclaiming ppi from Capstone, so lm hoping (rather stupid of me l know) that this will help if my partner does lose his job?

 

l will update again as soon as l can.

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I am wanting to send a subject access letter to these scumbags is there a template for this or do I just ask them to list all my charges that have been added to my mortgage account I know I have to send them a £10 postal order just wondered if there was a proper letter that I could send them.

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This is a link to the template letter http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

Make sure you send it by recorded delivery and keep a copy of the letter for yourself. Make the £10 payment by postal order and write in black in on the back "Fee for Subject Access Request Only - not to be used as payment on account". Photocopy the front and back of the postal order and keep safe with your copy of the letter.


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My partner didn't get the sack, so for now everything is as it was.

 

:)

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Well l woke up this morning looking forward to getting the court forms and statement out of the way this weekend so we could 'breath easy' for a few days. Then 2 letters from Capstone popped through the letter box.

 

The first l opened made me giggle, the solicitors have JUST informed them of the hearing date, and lf l have made a proposal for clearing the arrears then they CAN confirm that they will instruct their agent at the hearing not to oppose a suspended court order. Then they go on to say that if l haven't made a proposal then they hope l am now in a position to do so and should contact them immediately.

 

Second letter states the court date and that this is an extremely serious course of action and one they would like to avoid if possible. Then they ask me to call them and discuss the proposals l have made to repay the arrears.

 

l reckon this is a 'ring us so we can scare you into paying us more money that you just do not have' tactic, we have already paid this months payments as agreed, there not getting a penny more - we don't have a penny more! The shown arrears is over £1800 even though we have paid £750 since their last phonecall, lm not even going to waste time working out charges and such, lm just going to circle the amounts in each letter (one a week since the first letters from them about reppo) and let them try and explain why the amounts do not match up with our last statement from SPML. As l now do not even know myself what the 'true' arrears are, (although l reckon there are still a couple of insurance payments in there that they shouldn't have taken!)

 

Should l be polite and reply saying that yes, l have stuck to the payment arrangement made, and that l look forward to receiving an updated statement (that l asked for last week!) in due course.

 

These people have lied on the court forms by stating they have done everything they can to help us, so l want to show the courts that l do acknowledge what Capstone send me where as they said l never get in touch with them :confused:

 

Unfortunately for them l have lots of printed digital receipts from Royal mail site to prove otherwise.

 

:)

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What are they like! I can draft a letter to send to them if you like - we can include a copy of it with your defence papers - the judge won't like all this crap from them one little bit!


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