me v spml

[sues35]

Hi all

 

I have just had a re possession hearing with the above. The original date for this was Dec. I had asked capstone to justify the £650 charges they had added over the previous months. They told me if i didnt like them to find another mortgage providder!

Anyway i bought the charges up in court in Dec and ecplained to the Judge that i had asked them for justification based on the OFT report. The Judge was very interest. and adjourned the case till today.

 

In the meantime Capstone solicitors sent me a letter explaining the charges and how much for each charge (erm i already knew this) and nothign in way of the process they had used to get the figures.

Went back to court today and their solicitor asked had i recieved the info i requersted and could she simply just get on woith the job in hand this time. Yes i replied that what we are here for. I told her i had received a letter stating today was an eviction day. She said to ignore it as its just a computerised letter. I asked how this happened and she told me that all lettters from C/S are computerised and mistakes can happen.

In we went and she went on her speil about wanting a suspended order. The it was mt turn....i disagreed with the arrears balance as this did not include the last 2 payments of £500 as they had been applied to the wrong account...but fortunately i had the acknowledgement slips from them as proof thye had had the payment. Solicitor was beetroot. The suspended order was given which im pleased at as C/S had already tried to increase the payment per month by £100. The solicitor then said she was finished, i said i wasnt, and asked the judge if i could speak. I brought up the charges as discussed at prevu#ious case and he looked through the case file and found them. I explained i had not had justification of the charges and he asked the solicitor about this. Fortunately i had the response in copy for both parties. the judge was mortified at the costs, even more so when i told him what the solicitor had said outside the court room! I had all charges removed form the account, and the Judge has placed in writing if, due to my action, i am disadvantaged in any way i can go back to court for further trial based on harrasment!!!

It was only £650 but its another win, and although i dont get it back in cash its off my mortgage. So keep the faith and go get them.

[seawall]

Congratulations! Isn't it nice when the boots on the other foot for a change. Wish I had known about all of this when I got hauled into a repo hearing a couple of years ago.

[Les Gunn]

Brilliant news sues35 - really pleased for you and one in the eye for them!!