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    • p'haps not the best thing to do just use the N244.and the ex160 let them sort it out don't complicate things..   don't worry about the bailiffs there isn't really anything they can do there is no right of forced entry upon consumer debt CCJ enforcement.    
    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
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Pat2010

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

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Morning Ell,

Didn't see you online and have just PM'd you :)

 

lf you could draft a letter that would be great.

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OK, will do :). I have to go out a couple of times today, but don't worry - we'll get all this sorted over the weekend.


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Thank you Ell-en,

l have to pop out myself but will check the site regularly :)

 

Sorry, isp problems yesterday, couldn't stay connected.

 

l have copies of all the papers for my defense now, l have put them all in order of date in my folder, 3 x copies of each.

 

Should l enclose solicitors letters too? or just the letters from capstone that l want the judge to see and the copies of my supplies?

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That's great - when you say they are in date order have you put your replies in there too? Also, have you printed off the signature receipts from royal mail for all the letters you have sent? if so, you need to staple them to the back of the letter concerned.


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Hi,

Yes, all replies are in there too :), l just need to staple them.

 

Once l have the draft letter you mentioned yesterday do l keep a copy of that to attach too? and if so should l attach a copy of the proof of posting as l probably wont have the receipt to print off for signed for delivery until after l have handed the papers in at court.

 

sorry for all the questions.

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Hi Pat, affixed is the letter you need to send by recorded delivery tomorrow. You will also need a copy for your defence pack.

 

Also affixed is the statement for court. You will need to enter details where there are XXX's (remove the XXX's), the info for the bit at the top will be on the court forms. When you print it out make sure your printer is set for A4 paper (not Letter size). Read it through to make sure you have put the info in where there are XXX's throughout the statement.

 

On all the letters you have (both yours and theirs), write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Do the same on a copy of your budget sheet - it will be Appendix 2.

 

You will need proof of the payments you have recently made and that will be Appendix 3

 

On the statement you have showing the arrears charges, circle each charge in pen and add them up - at the bottom write TOTAL CHARGES £XXX - this will be Appendix 4.

 

Make sure the Claim number and Appendix number is on everything you are attaching.

 

Now assemble as follows:

 

Statement - signed

Letters- Appendix 1

Budget Sheet - Appendix 2

Proof of payment - Appendix 3

Arrears charges - Appendix 4

 

All the above form the "defence pack" and you will need 1 copy to hand into court and one copy for yourselves to refer to in the hearing.

 

Make sure the pack you hand into court is securely stapled together, or if the pack is too thick put into a small ring binder (or similar) so it all stays together.

 

Any questions, just shout.

 

I wouldn't be surprised if they cancel the hearing when the court sends them a copy of your defence!

 

Ell

Pat2010 14 June Letter.doc

Pat2010 Statement for Court.doc


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Heck there going to run for the hills when they read that lol.

 

Thank you so much.

 

Your a star :)

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Morning :)

We have received the paperwork that Capstone have sent int court, lm really angry as l think they are trying to say on this that we have no PPI.

 

l have all the original paperwork and we are paying PPI :-x

 

We have confirmation now, partners out of a job as of Thursday (week after court)

 

that aside, lm a little confused as to what this means,

 

'l respectively request the court grant an order for possession of the mortgaged property suspended upon payment of the monthly installment plus £70 per month and adjourn the money judgement generally'

 

Thanks in advance.

Edited by Pat2010

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It means they are not going to oppose a suspended possession order.

 

You need to tell the judge on the day that you have PPI and paying the premiums - we'll do a statement for you to take with you and you should copy the paperwork and proof of premiums being paid.


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Thanks Ell-en your a superstar :)

 

There is no actual mention of any PPI payments on any of our statements, but there is definitely proof on the original documents, maybe they added it to the mortgage as a lump sum?

 

Also, just looking through my paperwork (yet again lol) l have noticed that the solicitors statement that came attached to the court hearing letter is much more in depth (shows more charges) then the one SPML sent me, can l use the solicitors statement instead of my own from SPML as mines covers 1 month where as the other covers the entire life of the mortgage to date.

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You should definitely use the one showing ALL the charges. Circle each charge in pen and add them up. Write at the bottom of the statement TOTAL CHARGES = £ XXX.


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After much digging l have found the original and what seems to be one of very few letters stating we have paid a payment protection premium, in total £2380.00 and this was added to the mortgage amount.

 

The letter is from the solicitors dealing with the purchase, and was sent to confirm completion of the purchase. ls this proof enough? Can l write to these solicitors asking for a 'policy' ? as we don't have one.

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Hi, hope you dont mind my input here as your last question is something I know a little about. I take it what you have is a dispersements statement, does it say who the payment protection was paid to? You will be able to contact the policy provider to get the documents you need. If it doesnt was the mortgage sold by a broker, they should be able to provide you with more details, providing they are still in business. Not entirely sure that the solicitor would have any documentation actually regarding the policy.

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Hi Sigsue, l don't mind at all :). It mentions no name at all as to who the PPI was paid to but the only other paperwork it appears on is SPML letters, the only other company's involved were Howes Percival solicitors and Charter House. There is also an STS insurance :confused: and an Fai Finance Corporation:confused:.

l really wish l had paid more attention at the time we bought our house but l had just had my son and suffered PND badly.

 

The solicitors are still going strong so l will start with these (l can email and request receipt) and Charter House. Then if no luck l will move on to SPML although l don't suppose l will get much of an answer from SPML.

 

:)

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SPML give a direct answer hehe no dont think that will happen either:) My job involves me working with a lot of people that used specific 2 brokers now gone bust and we go directly to the company that they used to get the PPI's for people. This info seems to be freely given by them. Your situation at the time you took the mortgage out sounds so like mine, I had PTSD after a horrific birth with my daughter and truly believe the broker took this into account and used it to his advantage to get us to sign for this mortgage!

I would definately go with the solicitor for first point of contact they should certainly be able to tell you who that lump sum was paid to!!!! Good luck with that and I will keep a close eye on your story xx

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lm hoping if the PPI is with SPML that l wont get what seems to be the standard ' you haven't stuck to your mortgage repayment so the PPI is void' lecture.

 

There just seems so much to do yet so little time to do it in.

 

Many thanks again.

 

Edited to say,

 

Capstone just rang and tried charging me £35 for a statement, they argued that they have stuck to protocol at which point l questioned why we hadn't been told about things like spreading the arrears over the life of the mortgage, she replied with, 'oh if you would have asked we would have looked into that' l asked how l could possibly ask if they were so keen on helping us and sticking to 'protocol' then surely they should have offered me advice about what my options were as they went through ticking off these options on their 'list'. *Silence*...then suddenly she wants to go through income and expenditure again (as the one on screen is so blurry they cannot read it!)

Then they can decide if they can help rather than take me to court. Only problem was that my budget sheet is worked out monthly and she wanted it weekly which l haven't time to do right now (school run in 5 mins) so she has made a note on file that l will ring back this evening/tomorrow morning with a full breakdown so they can 'get the ball rolling'.

 

The thing is, my budget sheet seemed perfectly ok to read a couple of weeks back when l had to go through it again with another of Capstones staff, everything was updated/added and worked out fine.

 

This woman even accused me of not making the usual monthly payment, that's why they didn't accept my offer!! l of course corrected her saying the offer had been accepted and l was paying the usual monthly amount as well as £70 off the arrears and had been for some time now.

 

Should l ring them back knowing my budget sheet is fine, and she is just trying my patience?

Or should l make a note of the telephone conversation and just wait until court which is only a week away anyway.

Edited by Pat2010

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Ugh! lm getting grief from Capstone again!

 

A phone call yesterday as l had failed to ring them and go through my budget sheet again, l told them to use the one that was readable by the lady who rang me last month! Also told them l was submitting everything again in writing following the telephone conversation on Wednesday as l wanted writing confirmation of what l was told.

 

Another letter from them this morning, asking that l contact them immediately (they know l cannot make out of town calls).

 

lf l take copies of these extra letters to court with me on Wednesday will l have a chance to let the judge see them? l want the judge to know l have replied to them (as they stated in their defense that l never do!)

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We can do an up to date statement for you to hand to the judge on the day.... so gather together everything you want him to see (but not anything you have already sent in to court) and also post on here the dates of the phonecalls and their content. I'll draft a statement.


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Thanks Ell-en,

Here goes, l may have gone a little overboard but wanted to make sure l didn't miss anything.

 

27/05/2010

Capstone rang asking about the error in our budget sheet, we went through the entire thing over the phone and the corrections were added, l advised that the corrected version of the budget sheet was also on its why to them via recorded delivery, the lady stated that it seemed we had over £200 a month left to 'play with', after asking her to redo the math she came as we had to the conclusion that we had £70.93 left over each month and accepted this as additional payment off the arrears, she said this would be ok but probably kept under review until the 18th June and she went off to speak to her manager. She returned stating that payments of £250 for the next 4 weeks would be fine, l corrected her saying that 2 payments of £250 were to be made as well as £250 being paid the following day (3x£250), she had said that the account would be under review until the 18th, l had not offered another payment on the 18th. She confirmed the payment on 28th May to be toward the current month and the following 2 payments to be for the payment due for June.

l was then informed that providing these payments were made, the court case would be canceled and we would arrange a new agreement with them.

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!

 

15/06/2010 Capstone rang my partner on his mobile at work, he explained he couldn't talk right now as he was at work, the lady insisted they speak about the level of arrears as no arrangement was in place, he asked that they ring me on our home number and she said she would right away - She didn't

 

16/06/2010

Capstone rang asking if l was able to discuss the recent letter they had received from me, l had asked for an up to date statement, l was asked if l knew that there was a charge of £35 for a statement. l said no but l was concerned as l hadn't had an up to date statement from SPML to which she replied 'that's us, were both the same people SPML & Capstone. l was then advised to use the statement included with their solicitors court pack as that was an up to date statement.

l was rudely accused of lying as my letter stated they hadn't stuck to protocol, l questioned why we hadn't been told about things like spreading the arrears over the life of the mortgage, she replied with, 'oh if you would have asked we would have looked into that' l asked how l could possibly ask, if they were so keen on helping us and sticking to 'protocol' then surely they should have offered me advice about what my options were as they went through ticking off these options on their 'list'., she then asked what it was exactly l needed help with. l explained once again about my partners wage drop to him now working less hours, his once £500-800 a week wage was now £235 a week maximum, this would be long term as the company my partner work for could not see his hours increasing in the foreseeable future. The lady then said that if we could go through income and expenditure again (as the one on screen is so blurry they cannot read it!)

Then they can decide if they can help rather than take me to court. Only problem was that my budget sheet is worked out monthly and she wanted it weekly so she has made a note on file that l should ring back that evening/the following morning with a full breakdown so they can 'get the ball rolling'

The woman went on to say that on looking at her screen she could see that our 'arrangement' made on 27th was declined as we were not making full payment toward the arrears, l corrected her saying the offer had been accepted and l was paying the usual monthly amount as well as £70 off the arrears and had been for some time now, this 'arrangement was under review until the 18th June at which point we would be told whether or not the hearing would still go ahead.

 

18/06/2010

A phone call as l hadn't submitted my budget sheet, l told them to use the one that was readable by the lady who rang me last month! Also told them l was submitting everything again in writing following the telephone conversation on Wednesday as l wanted writing confirmation of what l was told.

 

l have a letter to send to Capstone in it lm asking about the insurance, this time I can include a copy of my policy. l have also asked that any payments that were taken toward insurance provided by them be taken off the arrears on my account (more or less repeating what was said in our first letter to them - and l mentioned that letter in this letter too).

l have also queried points from the phone call (16/05/2010) re: the arrangement that was agreed and then suddenly wasn't!.

 

Sorry for the extra long post.

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When you're at court the Representative from the Mortgage Company should hand you a N123 Pre Action Protocol Checklist which details (or should detail) everything the lender has done to comply with the PAP. Question it, in chambers if necessary, as Judge's tend to be quite keen to also challenge this checklist. Make sure the attempts to contact that they have listed tie up with yours. Also, check the particulars of claim in conjunction with the Civil Procedure Rules to make sure there are no technicalities which could stall their possession claim.

 

If you need a hand with this just shout.

 

HTH

 

MM

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Thanks MM,

We already have a copy of this enclosed with the solicitors court 'pack' they state they have provided information/ notice but the dates this info was given on does not match any date given for telephone calls or letters sent by them. Below this it states that they do not have evidence that we have made a claim for SMI, MRS or PPI (PPI is only for accident, sickness or employment) if we would have had suggestions made to us then we would have taken one of the options.

 

Are Capstone required to give advice regarding all options or are we supposed to ask? l was made to feel that they wouldn't disclose any information unless we specifically asked, makes me wonder if all the other families that have been made homeless by Capstone in my area ever had a clue as to any of these options, we wouldn't have had a clue if it wasn't for CAG.

 

lm determined for the judge to see that they offered us no help at all (except a 'we want lump sums not fiddly little payments' demands).

 

For the amount we owe l don't really understand why they haven't accepted our proposal, the only reason the woman kept stating we had over £200 a month to play with is because she insisted on adding our sons DLA, she wasn't best pleased when l told her even they couldn't demand l use that to reduce a debt.

 

Nerves are kicking in badly, but l think were more or less set to go, l hope to see a duty solicitor/advisor so were going to make sure we turn up in plenty of time. Any insight into what happens would be great to know as l really do not want to mess up and say the wrong thing seconds before going into the court room.

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Hi there, I'll put the details you posted into a statement for court and let you know what you'll need to attach. I'll try and get it done this afternoon if I get a quiet time at work or later this evening.

 

Have you rung the court to ask if there are any free legal advisors there on the day? If so then you are right to ask for their assistance.

 

The hearing will be in a private room with just the judge, a rep for the other side and yourselves (and your legal advisor if there is one). You will sit around a table, a bit like a meeting. As it's Capstone's claim the judge will address them first and then come to you. Don't interrupt the judge when he/she is speaking, wait for a break in his address to you and then say you have further information which you wish to present (the legal advisor will do this for you if you have one).

 

In all honesty you won't have any trouble getting the judge to suspend the possession claim - your arrears are minimal compared to some and you have plenty of evidence of their behaviour in dealing with your situation.

 

Ell


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Thanks Ell-en,

 

Looks like were going it alone as l have rang the court and they have no advisers that come into court.

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Try not to worry Pat. I know it's easier said than done but the judge should take one look and tell them to be more cooperative and get their facts in order. It will be suspended and their rep. will be a lot more red in the face than you!

 

Don't speak to them when they approach you before the hearing. From my experience they always try to talk you into agreeing to pay more in return for a suspended repo, even though they may have agreed to a lesser payment before. They will pretend to be your best friend and on 'your' side.

 

As an ordinary person you are expected to make mistakes and to be very nervous but the judges don't mince their words with the legal eagles if they put a foot wrong, especially if they are coming from Capstones corner.

 

When that's over and done with then you can start to address the charges and poor service.

 

Sending you good vibes, hugs and positive thoughts xxx

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Thanks Crapstone,

lts just nerves getting the better of us both at the moment, as l see it there is only 1 more sleepless night and we should know exactly whats going on. lf our current offer is accepted by the judge then l will be happy, if we walk out with a better deal l will be more than happy.

 

Thanks for clearing up what would have been my next question, l was unsure as to how to react if their solicitor approached me, l think l have been very fair and honest for the time this has dragged on and any last minute chats are simply out of the question. lts up to them to cover their own backs once l bring up mistakes they have made, l plan to try bring this out in the open within chambers.

 

l probably will make mistakes tomorrow no matter how l try to get everything l want to say/show in order. l have a notepad with brief notes written down so l can try not to forget anything!

 

Thank you for the good vibes, hugs and positive thoughts, l shall definitely be taking those into court with me!

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