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Pat2010

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

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They'd be very unwise to start adding charges. Add up any you have already. They can whine all they like...

 

:)

 

Forget the court..that's behind you. It's over so quick it leaves you steaming after getting over the shaking legs. Get working on your account..from start to finish!

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After a quiet (ish!) weekend with the children l shall be back on capstones back!

 

lm not letting them get away with the charges.

 

Comebackjimy, l shall certainly update here whilst l go through the motions :)

 

Crapstone, will l have everything said in court sent in writing? lm wondering how lm going to find out what these costs are and exactly how much has been charged :)

 

Thanks in advance

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After a quiet (ish!) weekend with the children l shall be back on capstones back!

 

lm not letting them get away with the charges.

 

Comebackjimy, l shall certainly update here whilst l go through the motions :)

 

Crapstone, will l have everything said in court sent in writing? lm wondering how lm going to find out what these costs are and exactly how much has been charged :)

 

Thanks in advance

 

You should get a judgement letter telling you the terms of the suspended repo.

 

Capstone should also send you a letter saying what the legal costs are, but they should have outlined them before and put them forward to the court.

 

Just wait for now and see what they send through. :)

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I sent a subject access request to Capstone two weeks ago. What happens if they dont reply I know they have 40 days but just wondered what would happen if they didnt reply. Can I also ask for some help I have had an order amended as the original order I couldnt afford what I said I could in court. These scumbags didnt turn up on the eviction date.

I now have to pay the contractual payment & £350 off the arrears per month all it says on the order is that it is to start on the 7th July. Because they always want payment on the 1st of every month will they start issuing eviction proceedings again or am I ok because this is what the Judge and the order states.

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I sent a subject access request to Capstone two weeks ago. What happens if they dont reply I know they have 40 days but just wondered what would happen if they didnt reply. Can I also ask for some help I have had an order amended as the original order I couldnt afford what I said I could in court. These scumbags didnt turn up on the eviction date.

I now have to pay the contractual payment & £350 off the arrears per month all it says on the order is that it is to start on the 7th July. Because they always want payment on the 1st of every month will they start issuing eviction proceedings again or am I ok because this is what the Judge and the order states.

 

Hi Roxy.

 

Might be worth starting a new post (or moving these posts to a new post). Interestingly enough the Judge acted out of jurisdiction as (s)he can't move the contractual date for the instalment. However, I can't imagine it being appealed. More importantly you need to sort out how much you can actually pay. Has the matter been to Court before? Noticed you refer to an eviction date. You may be able to apply to vary the Order, to allow for a longer repayment plan.

 

MM

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I was in court on the 20th April and an order was made. The original order I couldnt afford so I wrote to the Judge and he wrote back asking what I could afford and he would review it. I wrote back with the above amount the contractual payment & £350 off the arrears. The Judge said this was fine as long as I kept up to it it was the Judge that said to start on the 7th July.

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I was in court on the 20th April and an order was made. The original order I couldnt afford so I wrote to the Judge and he wrote back asking what I could afford and he would review it. I wrote back with the above amount the contractual payment & £350 off the arrears. The Judge said this was fine as long as I kept up to it it was the Judge that said to start on the 7th July.

 

I'm not sure if the judge is referring to the payment date or when the judgement starts. I'd call the court to clarify it , just to be sure.

 

Capstone are awkward and do try to insist on the 1st but FOS told them off for not being flexible and when I went to court we managed to get the arrears payed on a different date to the contractual payment.

 

Don't let them threaten you. Keep up with your payments and keep writing to them. They will respond to your SAR but usually on the last day. Send another one as they make so many mistakes you can cross-reference them. For now don't worry about them not sending it..that will be dealt with, if and when it happens :)

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Heres a surprise for you all, we have only been out of court a week and Capstone tried to scream 'Breach' :confused:

 

We had a nasty letter stating that the order made in court said that each payment MUST be made on or before the 1st of each month. (We got this letter on 30th June so were slightly worried and confused too!) after a few quick phone calls (one to Capstone asking them when the ordered payment date had changed from 10th to the 1st (we pay via 2 installments one the last week of the month and one the first week of the new month) and finally being put through to the correct department we were told that it was there mistake, they FIGURED we would have to pay on or before the first, they had FORGOTTEN we had a fixed arrangement in place to pay by the 10th of the month and the courts had ordered that our account be reviewed on the 21st each month to make sure payment had been made.

 

The guy on the phone also stated that our arrears figure seemed very wrong as costs had not been added yet but on the letter we were sent we owed over £1500 again where as on screen we owed £1048! lm told no late payment fees were added as we had a solid arrangement (which they just said they had forgotten about!)

 

The fellow on the phone was kind enough to insist that he send a letter out again outlining the correct information! As he would hate for us to be caused anymore unneeded stress :roll:, we now have the letter but the arrears are showing the same as the first one.

 

Should l write and question the difference in arrears as l think they have added the costs, and if the extra is indeed costs, ask for a breakdown?

 

lm dying to send the SAR in but wonder if l should do that after l get all this costs malarkey out of the way first.

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l have another problem, we now have the court papers and there is no mention as to how much the costs are. l have re-read the original court papers a dozen times and cannot find anything on them either :confused:

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You won't know what the costs are unless you ask Capstone - although the costs will be on any statement you get from them. When you know what the costs are you then write asking for a full breakdown of how they arrived at the figure. A lot of the time they charge solicitors costs as if a separate law firm were acting for them and a lot of the time it's their in house legal team doing the work.


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All the more reason to document and dispute. Get them to put it all in writing..don't just take their word for it. I get them to fax instantly any faux pas.

 

Ask them for the statement, and receipts. Ignore any threats of charges.

 

What makes you think it's a surprise? A few weeks out of court we were 'evicted'. Not, and still live to tell the tale in the same house.. a few years on.

 

Don't fret ..just get wise to them.

 

xx

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Hello :)

 

l didn't mean surprise as in l was surprised, just surprise at the fact that ANW has said they would scream breech, just didn't expect them to try so quickly lol.

 

We have the court paperwork, as l mentioned above. And 'our' date was right, Capstone were wrong. No wonder Capstone soon altered the date giving us more space when l rang to query them.

 

l rang and made payment today only to be told at the end of the phone call that were still in arrears of almost £2000 :confused: far different from the £1048 l was told at last week, also now l had made payment of over £505 (usual monthly amount plus £70 only came to just over £500! but he quoted it as being more which l also queried, he couldn't answer!!) were still in arrears of over £1600 :confused: Am l wrong in thinking £2011 - £505 = £1506? when really it should have worked out at £1048 + £433.40 = £1481 - £505 = £976.40. Makes me wonder exactly how much they have added as costs!!

 

According to him were ' up to date' :rolleyes:. l obviously think otherwise.

 

l recorded the phone call so am now going to write a stiff letter asking why they keep messing up and why they have not given me the 'costs' amount l asked for. l also want to know why l have not had a recent statement from them yet can have one sent out for £35!

 

lm l able to also include something along the lines of 'your charges are unreasonable l want them paid back' so l can begin the claim?

 

Time to start annoying them again :)

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Just write a stiff letter (by recorded delivery) telling them that in order to ensure you are complying with the court order you need to know exactly the amount of arrears and as such they should provide a recent statement free of charge. If they refuse to send a statement tell them you will report to the court that they are frustrating your efforts to understand their changing arrears calculations and you will also report them to the FOS.

 

If you need help with the letter let me know.


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Hello,

Sorry its been a while since l last replied, had a few family emergencies to deal with.

Up to now we are still being charged insurance by Capstone, l have since found out who this insurance is provided by, Royal & Sun alliance, we had an up to date statement delivered Thursday, £565 legal costs and over £400 insurance added, so our arrears are up to £3000 again! l have been asked yet again to provide a copy of my policy and only then will they stop their insurance, l have been in touch with Swinton and they have now sent the policy via post and fax twice each way and heard nothing in reply.

 

So, l am going to write to Capstone again, enclosing our insurance policy. And lm going to ask for a breakdown in costs. Is there anything else l should do?

 

Thanks in advance

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Hallo Pat2010.

 

Consider engaging a fair priced solicitor to deal with these pond ****. Get a DEFINITIVE FIGURE for your arrears. Keep records of all payments that you make to them. Do not be intimidated by them please.

I have been down this road too.

 

Stress to Capstone that you are NOT paying for insurance that you have not used.

 

Remember that only mortgage payments due are included in arrears.

 

Are Capstone still in the Council of Mortgage Lenders? If they are, next time you speak to them remind them of the rules under which CML members must act.

 

Give them the impression that you know more than they do and they will likely treat you with more care.

 

All the best

 

Gladstanes

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Hello Pat2010

 

Two years ago they tried to charge their own insurance even though I had my own in place and I was not aware tht they had even done this until I had received my quarterly statement. They came up with a number of excuses saying they had not received the documents from my insurers etc......

After several phonecalls with the Insurance team and sending the documents by fax the insurance charges finally were refunded on the account.

 

I do know that this is one of their ways to artificially increase your arrears so now when it comes up for renewal I send a copy of the insurance policy addressed to their Insurance team by recorded delivery and check online that they have received it. I include in the envelope a request that they confirm in writing that they have details of my own insurance on their records which they always do.

 

Hope this helps

 

Mollie

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Thanks for the replies, much appreciated.

 

They are at it again...only this time it gets much worse!

 

Were behind in our payments by £110, well, in reality if they removed their insurance charges we wouldn't be behind at all! They would owe us. To cut a long story short, they STILL say they have received nothing and are adding £115 to our account for late payment, although l was originally told we would get a £25 charge for notifying them that we would be late with 1 payment as my partners work had messed up with his wages ie not paid them. l have had no 'breakdown of costs' for the legal fee's applied, still being charged insurance and they are driving me nuts.

 

The 'worse' part.

My partner has just been made redundant, we have ppi but have heard that because we now have the suspended reppo hanging over our heads that we hadn't followed terms set out so this probably will not cover our mortgage, does anyone know if this is right/allowed? We paid the ppi in a lump sum, it was added to the balance before we even made a payment. If they do indeed refuse, is there anything we can throw at them to keep them off our backs until we can sort benefits? l have been told in good faith this can take anytime from 13 weeks onwards to kick in if at all. We shall be paying the £110 to keep them happy this week, next months payment due 10th will be paid slightly earlier, lm wondering if paying up front for December would give us a little breather as when we do attempt to apply for the ppi we have to wait until my partner has been unemployed for 30 days. Hiring that solicitor sounds a mighty fine idea right now, but should l try get the clowns to give me some solid info regarding the ppi so he/she could maybe help with that too?

 

Sorry if this sounds negative....lm just so angry at these people, my partner isn't getting a great deal in redundancy pay but l can just imagine ringing capstone to tell them, and them expecting to take every penny despite the fact we have kids.

 

Many, many thanks in advance,

 

Pat.

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Who is your PPI with? I would call them straight away and ask what their procedures are. Do you still have a copy of the Terms and Conditions of the policy? My advice is to keep paying your installments, stress to them that once they refund your overpayment in insurance premiums you will be in credit on your arrangement. This can be done in a couple of days but they will of course try & fob u off after all this is what they are best at!!!!!

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Hi,

We have PPI with ASU, l have read the T&C's over and over and can see nothing about then not paying up if were in arrears or such, seems we just need write off for a claim form, apply and see what happens, fight if they refuse as we have 13 weeks until the benefits office would offer help if we get no joy. lm going to write to Capstone again, stating the agreement will be brought up to date this coming Thursday, include a copy of my policy (again) and insist they remove the insurance from the account. l will send all by recorded delivery.

 

The policy for the PPI seems very straight forward, l just hope everything works out.

 

Thanks again.

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l am absolutely fuming, we just had word from ASU stating that they do not hold our insurance for the ppi anymore and that we were aware of this. So l have now written to the wrong company asking for a claim form as we were not aware of it at all.

 

l get the feeling this is going to turn out bad, and be a little more stressful than l first thought.

 

 

Pat.

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Did you take the PPI out yourselves or are you being charged for this monthly on top of the mortgage payment ? Or was it added to your mortgage as a lump sum at the beginning ? - sometimes when they do that the PPI cover is only for the first 2 years or so.


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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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Hi Ell-en.

The ppi was added as a lump sum at the beginning of the mortgage, the expiry date on the policy is 6-Aug-2011, were just worried now as a friend was refused pay out after having a suspended repposession order hanging over him. The policy was as far as we are aware put in place by SPML as we paid them for our mortgage in the beginning direct. ASU were only helpful in telling us we should let our Mortgage provider know of our change in circumstances. l find this all a bit strange as they didn't mention anything about not being covered by them a few short months ago when l asked for a copy of the original policy.

 

Hope that helps,

Pat.

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Bit of a progress update, we have found that Jubilee Service Solutions are administrators for ASU, so at least we know who we are dealing with now, even though these people seemed a little confused as to what insurance we were hoping to claim :!:

 

Pat.

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Can anyone please help me. Our home was repossessed by Capstone at the beginning of August. When we got the mortgage we had to get a secured loan with the mortgage to make it 100% as we had no savings. The loan was from Welcome Finance another company of sharks. We have now found out that the house is going to be sold for 66,000 which is 26,500 less than what we paid for it . We also recieved a telephone call from a solicitor yesterday who says they are acting for Welcome and that we owe them 23,000 so in total we owe 49,500 and the house is been sold for 66,000. Do you think the only route we can go down is bankruptcy.

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I must stress that whilst in court this week their solicitor,when asked a question by me,that having two buildings insurances on one property is in fact illegal to have.infact fraud..get your claims into the courts for mis-selling & fraudly obtaining buildings insurance whilst you already have your own policiy in place.


ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE either SPML/PML/LMC/SPPL; the following are DIRECT tel#s, of the investigating & prosecuting organisations:

 

DO NOT say you are from CAG-only directly affected or a concerned citizen.

 

1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

2. CH : Lee Jenkins(prosecuting Amany Attia(MD) for SPML/PML) @ 02920 380 643

 

3. CH : Mark Youde(accounts compliance) @ 02920 380 955

 

4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108 (part of the Insolvency Service) investigating all the Lehman lenders

 

5. CIB : Jeremy Pilcher('unofficial'-consumer/company lawyer) : tel#0207 637 6236

 

 

http://petitions.number10.gov.uk/Subprimefees/#detail

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