There is a lot of hope in defending repossessions. For the most part the courts employ a simple philosophy. This is along the lines that YOU are the wrong doer and the evil scum are the ones seeking justified and lawful remedy for your claimed breach of contract you can turn the tables on the scum here.
Simply hover and follow the links.
Dear reader, have a look at this…unbelievable, sanctimonious and self indulgent in the extreme post recieved [Read More]
The Filth Capstone Acenden have a lot to explain. They have a lot to account for. And they have so, so much more to [Read More]
2012 has been a difficult year for all of us involved here – there’s no doubt about that. It’s been [Read More]
If you keep pressing long enough the truth will come out. And it’s important to remember that. WHY?..Because it [Read More]
Pity Margaret ‘PwC” Cole, didn’t get a mention here. She’s now off to the ‘Dark [Read More]
OH YES! The filthy and disgusting practices of the LIBOR fixing complicit Acenden. That’s where we were! We have [Read More]
Users need to tread carefully when asking for information from other users. I am VERY disturbed by certain recent and [Read More]
I have found their site very tricky to use and poorly set up. It is badly put together for a start. The problem is an [Read More]
If, as one of our correspondents alleges, Acenden are losing trace of payments made via their much trumpeted website [Read More]
Having now gone over 55,000 hits on this incarnation of the Capstone Action Group site, 38,000 on the one they gagged [Read More]
Bell, book and candle seems an appropriate remedy as the state remains agnostic about their corporate and individual Read the post
How do I take my complaint to the CIB and when are they going to do something to shut these bastards down and get our Read the post
Thankfulness to my father who informed me concerning this website, this blog is truly awesome. Read the post
I am hoping someone is still live on this site, I have two issues one for me and one for a relative. me: I re Read the post
It's a price worth paying!..and cheap at that! It's better that 300 people lose their jobs than hundreds of thousands Read the post
Incase you write APPLE' then you may want to draw an apple beside the term. Kid friendly possess a appetizers should Read the post
Mmm ... I'm struggling to think why the filthy capstone / Acenden would be engaging in these despicable practices. Read the post
Have just logged onto the website to pay the monthly bill which should have been for May 1st but I have an arrangement Read the post
We're a group of volunteers and opening a new scheme in our community. Your website provided us with valuable info to Read the post
Please count me in for the Group Class Action ASAP what we are faced with is pure evil, greedy wicked, Homeowners was ‘set up to fail’ the Media are not helping us
The Daily Express published an article last year I truly believe we need to pittition everyone who are willing to submit their story to the Newspaper, BBC TV
[Lehman one year later] but we need to group together unity is strenght Capstone/SPML/Preferred Mortgages Ltd needs to compensate us for all the suffering
As a Group.come on…there are thousands of us we can also march against evil Capstone/SPML/Preferred.first thing to do is get the Daily Express to launch the pittition with testimony of unfair treatments to us the homeowners then we proceed to Court together…..as a group…we have enough evidence…turn the tables on the scum all I can see is Victory…please E-mail me..co-co
Hi all, I’ve just found your website (what a relief!), there are people out there who are at least trying to do something about this company.
I took out a 2nd mortgage with SPPL back in 2003, now really confused, i’ve been dealing with Capstone but on my bank account its been saying SPPL. Then i get a letter a few weeks ago saying my mortgage has been sold to Eurosail. Over the past year I’ve lost my job and tried to set up a new company, my finances have been a bit shot to pieces but i’ve been on top of it all, done deals with my 1st mortgage company, worked with the CCCS to pay all loans and non-secured debt, everyone has been really helpful, even Capstone until a few weeks ago. I’ve fallen behind with them before nearly up to 3 months, but then i’ve caught up and they’ve gone away. Each time though they’ve charged me the most ridiculous fees (£85 for late payment, etc) so this has been added to my loan. Now recently I’m two months in arrears and they really have turned up the heat. They are sending me the most awful letters and every time I call them to pay a little bit of money to try to keep my arrears down they are telling me that if I don’t pay the full amount of arrears soon they will start the process of repossession. My other lenders have been really great and are talking and helping me as much as they can, but this company seem to now just want to focus all their energy on repossessing my house.
I’ve been reading their terms just lately, and there are a few things that I don’t think are right:
1) They’ve added lender fees/broker fees onto the original mortgage and have been charging me interest on the whole amount.
2) The original terms and conditions are a farce – it seems that i can’t even get a lodger in or decorate my house without asking their permission first.
After reading many of the threads on this site these people are crooks. Isn’t there a solicitor that is helping to fight these cases.
I’m gobsmacked that a company like this can operate in today’s climate, when apparently the government are meant to be helping people who have fallen on hard times.
I’m up for the fight, and would be keen to speak to any lawyer or group that is helping to bring this company to justice.
Juliamac
hello Juliamac,
welcome aboard.
can you tell us what is the date on the letter you got?
and was it from Capstone?, telling you that your mortgage was ‘sold’ to this new company?
does the letter say it was ‘sold’ or ‘transferred’ to the Eurosail?
what is the FULL name of this new company Eurosail, exactly?
cheers
TMH
KwA
The letter was dated 25th August 2010, from Capstone Mortgage Services saying the ownership of your loan has been transferred from Southern Pacific Personal Loans to Eurosail-UK 2007-4BL PLC hereafter referred to as “The Owner” as of 20th August 2010. Capstone Mortgage Services Limited (“Capstone”) will continue to service your loan.
julamac
JM, thanks for that.
please refer to the sub-menu ‘SPPL in Liquidation’ above. Also, if you goto August archive on the left and read sections ‘SPPL meltdown’ & ‘Breaking JAWs’..this will give you a background to the fact that SPPL, NEVER OWNED YOUR MORTGAGE IN THE FIRST PLACE.
nb: for Hatter defs, vis Miscellaneous/TMH Playground#4.
any questions, post up and the vets here, will help with translation and info.
TMH
KwA
sub-
fyte
I’ve been reading their terms just lately, and there are a few things that I don’t think are right:
Keep reading you will find the right answer,as
thats the direction to go
co-co you can count everyone in here but its just noy enough this has been tried for so long,read the posts here people just let it happen but we are working on something.Could end up like the mclibel trial.
Hi jm and welcome,your loan is now not with Eurosail-UK 2007-4BL PLC.
The unfair charges were levied against you by the previous owners SPPL.Whether your complaint is transferred from them to the new owners is a debatable point and probably something that will concern many in the near future.I think I need to write a seperate piece underneath on possible courses of action.
PEEPS MAY HAVE TO ACT FAST AS THE LEGAL CHARGE MAY HAVE ALREADY BEEN REGISTERED IN THE NEW OWNERS NAME SECURING THE LOAN TO THEIR PROPERTY.
JM,
this is the SPV which owns your mortgage now;
http://www.ise.ie/debt_documents/Eurosail-UK%202007-4BL%20PLC_15.08.07_9352.pdf
no doubt you took out your mortgage with SPPL, BUT what you did not know was, that it was sold on thru a True Sale to the SPV above, about 3 months later.
you can probably, pick out your mortgage, from the data/mortgage pool list at the very end of this propectus.
further details about securitisation/SPVs are in the categories section on the left..and Ryde will add more regards to the refund of charges.
however, about 25-30,000 SPPL borrowers will be asking the same question, WHO OWNS MY MORTGAGE NOW AND WHAT IS THE REDRESS AVAILABLE AGAINST SPPL?
TMH
RIGHT HERE WE GO THIS IS OF COURSE OWN OPINION AND DEBATE IS WELCOME.
1)CONTACT THE LAND REGISTRY YOU CAN DO THIS ONLINE https://www.landregistry.gov.uk/wps/portal/Property_Search
SIMPLY TYPE IN YOUR POSTCODE AND HOUSE AND PROPERTY SHOULD COME UP,YOU CAN ALSO SEARCH THE REGISTER OF TITLES TO SEE WHAT CHARGES ARE ON YOUR PROPERTY AND WHO OWNS THEM,COST £4
2)IF THE CHARGE IS REGISTERED STILL IN THE NAME OF SPPL.
TAKE IMMEDIATELY THE FOLLOWING ACTION.
3)RING THE LAND REGISTRY WHERE YOUR PROPERTY IS REGISTERED,EMAIL OR FAX THEM.
STATE THAT THE CHARGE REGISTERED IN THE NAME OF SPPL IS BEING TRANSFERRED TO ANOTHER ENTITY AND YOU WISH TO OBJECT TO THE TRANSFER OF THE CHARGE UNDER section 73 of the Land Registration Act 2002 and rule 19 of the Land Registration Rules 2003.
SEE THIS LINK FOR INFORMATION.
http://docs.google.com/viewer?a=v&q=cache:_WPcmEZLTdIJ:www1.landregistry.gov.uk/assets/library/documents/Direction_-_Electronic_address_and_fax_number_for_delivery_of_objections.pdf+www.landregistry.gsi.gov.uk&hl=en&gl=uk&pid=bl&srcid=ADGEESiuWj7Wg8KYP82LjKv36Vkk-nTEF5V1_DhvTmYHR6bVLzqJETZ_esQIJGLAaY_DtbX47304Hv8grKQozd5FXyqTviEBm-V25DCw-WIrHIXJldrDvBK3CCgFplu1F-c2dkpb7lD4&sig=AHIEtbRX01Tg0DCKCEbl2hnlTb1inUNpsw
THIS GIVES YOU THE EMAIL ADDRESS OF YOUR LOCAL LAND REGISTRY.
4)THE GROUNDS FOR YOUR OBJECTION ARE THAT YOU HAVE A MONETARY CLAIM AGAINST SPPL AND YOU ARE OF THE BELIEF THAT THEY HAVE SOLD YOUR LOAN TO DIVEST THEMSELVES OF THEIR LIABILITIES TO YOU,YOU THEREFORE OBJECT TO THE TRANSFER UNTIL THIS DISPUTE HAS BEEN RESOLVED.
THERE IS A DANGER THAT SPPL WILL BE DISSOLVED LEAVING ALL CLAIMS AND LIABILITIES BEHIND THEM,THEY WERE AND ARE WHOLLY OWNED SUBSIDIARIES OF THE FAILED AMERICAN BANK LEHMAN BROTHERS WHO FILED FOR BANKRUPTCY IN SEPTEMBER 2008 AND IT APPEARS LIKELY THEY ARE SELLING ASSETS AND LEAVING CLAIMS UNSETTLED BEFORE DOING THE SAME.
MORE LATER BUT THIS IS AN ESSENTIAL PRELIMINARY ACTION FOR ALL WITH SPPL AND MUST BE DONE IMMEDIATELY.YOU MUST ALSO INSTIGATE IMMEDIATELY AN FOS CLAIM AGAINST THEM,DETAILS IN CHARGES REFUNDS IN TOP MENU.
ANY PROBLEMS POST THEM UP ASAP.
Hi Ryde,
I’ve been away so didn’t do this as soon as you posted it up, but went onto Land Registry today and paid for the report, it appears that Eurosail-2007 4BL have already registered themselves on my mortgage unfortunately!
Jm
JM the problem with sppl loans is that certain loans fall into a regulatory void before a certain date and the FOS cannot deal with them.Your loan waws taken out in 2003 EAGLEFORMS is in the same position,we are currently working on this.
The best option may be to use the FSA findings as evidence that any charge that is more than the cost of reasonable administration charges is unfair and to make or threaten to make a small claim through the county court(relatively cheap,quick and simple)for the county court to endorse the FSA findings and order the unfair charges to be repaid.The treat may be enough to do this.
Re Eurosail theres nothing you can do at the moment but you could insist that your contract terms with sppl are honoured dby them(this should be stated in the sppl contract ,that you will receive the same rights if they assign(sell your loan)).
More later.
sorry about misspells!!
Thanks Ryde,
I’m going definately go after unfair charges. I’ll keep you posted as to how i get on.
I’ve also requested a statement from Capstone as they’ve not sent me anything since last September (seems their admin went to pot with the downfall of SPPL) – they said i have to pay for them but i’ve really pushed them and they are now sending them to me. I want to see how many charges they’ve added onto my account so i know exactly where things lie. Will keep you posted.
j
Hi Ryde
I have a mortgage with, I thought Capstone or preferred mortgages and I have recieved a letter saying about the transfer to acenden mortgage servicing specialists. I have gone onto the Land registry site and my address is still under preferred mortgages ltd?? I am in arrears with my mortgage and have a court date of 18th Feb in Milton Keynes. This firm have also been charging me nearly £90 per month for buildings insurance aswell.
Sorry I haven’t replied earlier Donna heavily tied up at the mo.
email me direct re your case at our email address:
borrowerstrust@gmail.com
..solid stuff, esp.#4, Ryde..its a toss up between effectively ‘remaining’ with SPPL or being with the SPVs and contracts being voidable? i believe we all agree that SPPL is being wound up.
i think its better to stop the transfer & fight for refunds with SPPL(OP). this will open up the whole illegality of the so called ‘transfers’ of mortgages/loans to the SPVs. i’m sure the LR would want to know, how the land registry is being deliberately corrupted, by the JAWs & SPiVs!
say peeps fight the substitution, and SPPL tries to repo them, then the argument that the SPV already owns the mortgage assets(notices) can be made. SO THE JAWs & SPVs ARE FECKED EITHER WAY!
note that 10% of the ‘transfers’(bollox), are ‘non-conforming’ and will be ‘transferred’ in Sept/Oct. what this means is those in LITIGATION, will remain with SPPL until the jackals either force ERCs or REPO peeps. that could be upto 3,000 families!
TMH
sub-
fyte
TMH its like your previous comments on the old blog.The whole purpose of land registration,ie who really owns what is subverted.
peeps instead of selling might just as well securitise their homes in exactly the same way as the jaws do.
one simple contract and no fees,buyer then securitise on to the next buyer ad infinitum.
THIS IS A QUICK LAND REGISTRY TEMPLATE LETTER TO EMAIL TO YOUR LOCAL LAND REGISTRY OFFICE AS SOON AS POSSIBLE .
MARK IT URGENT.
The Chief Land Registrar Your name and address
including postcode
Your local office where your property is registered and title number of property if known or postcode
Dear Sir/Madam,
Pursuant to: Statutory Instrument 2003 No. 1417 *The Land Registration Rules 2003* s19, and to s.73 (Objections) of the Land Registry Act 2002.
I/We are the registered proprietors of the above property I/We wish to make an objection to the transfer of the Charge registered against this property
in favour of Southern Pacific Personal Loans (SPPL) dated……………….. (whenever the charge was listed as Appearing on the register)
The grounds for this objection are as follows:
1) We have an ongoing monetary claim against SPPL through the Financial Ombudsman Service concerning the loan on our property which their Charge secures. It is our belief that as wholly owned subsidiaries of the failed
and bankrupt American Investment Bank Lehman Brothers who are subject to global lawsuits from their many creditors their intention is apparently a fraudulent disposal of assets of which the Charge registered on our property securing a mortgage is such. After accomplishment of these transfers they will then in all likelihood be dissolved or disappear leaving their many creditors without any recourse.These activities could amount to fraud and money laundering on a vast scale as this is one of many proposed transfers.
2)We have no contractual agreement with the entities to whom they have sold the loan.We have never signed any agreement with them our only agreement was with SPPL who are a licensed and Financial Services Authority (F.S.A.)
regulated Lender.Our loan which the SPPL Charge secures is a regulated loan under the Financial Services and Marketing Acts 2000 it is strictly forbidden by law that such a loan can be administered by an unregulated entity.It is therefore submitted that the transfer of this Charge is in breach of F.S.A.rules and consequently the Act.We have been informed that the entity to whom they have sold our loan will be in all likelihood one of the following:all are not regulated by the F.S.A.
MORTGAGE FUNDING 2008-1 PLC,EUROSAIL-UK 2007-1NC PLC,EUROSAIL-UK 2007-4BL PLC,EUROSAIL-UK 2007-3BL PLC,EUROSAIL 2006-3NC PLC,EUROSAIL 2006-1 PLC,
SOUTHERN PACIFIC SECURITIES 06-1 PLC,SOUTHERN PACIFIC SECURITIES 05-2 PLC,SOUTHERN PACIFIC SECURITIES 05-1 PLC,SOUTHERN PACIFIC SECURITIES 05-3 PLC,
SOUTHERN PACIFIC SECURITIES 04-1 PLC,SOUTHERN PACIFIC SECURITIES 04-2 PLC, Marble Arch Res No.4 PLC,Marble Arch Resident3 PLC.
SIGNED (ONE OR BOTH NAMES AS APPEAR ON THE REGISTER)
CB AS A NEW MEMBER YOUR POST IS PROBABLY AWAITING MODERATION AS THERE ARE MANY SABOTEURS TRYING TO POST ON THE SITE,JACKALS OF THE WORST KIND.
Help please! I’m in a dilema,I have a suspended repo order against me and I need to either put Crapstone in court for over £1,000 in charges or take the case to the FO.I’ve kept all my payments up to date but have been clobbered by their unfair charges etc.What shall I do? I’ve got about £1,000 in arrears which i’m close to paying off but do I go to court on the charges or the FO?
What concerns me is that once the actual mortgage arrears are paid which will be in the next couple of months I’m guessing that Crapstone will then use the Sus Repo Order as a stick to make me pay up the charges.Any help would be appreciated.
Fleeced my opinion personally is to go the FOS route as it costs nothing and they must be used to this by now with the amount of complaints.It will tie Capstone up for months,they have to pay a fee , it costs you nothing.Look at the guidelines in “charges refunds” in top menu carefully and post any problems you have with procedure or forms.
Many thanks for that,the whole court process could be costly and the FOS have had a massive amount of Crapstone complaints,apparently Preferred etc have the highest volume of complaints.At last,things may well move in the consumers favour.With such a high level of complaints this could well spark an investigation that happened to Kensington GMAC etc.There’s also arrears interest which has been added to the mortgage balance so the FOS will be able to look into this.
In the next few months my arrears balance will only consist of rip off charges and not actual mortgage arrears.I’ll have had my FOS case processed by then but this is when Crapstone will try and use the Sus Poss Order to get their fees back.Do I use the N244 form at this point and apply for a hearing? I’d really like to get the whole sus pos order off my back so will the judge cancel it if he knows the FOS are dealing with my complaint? thanks
Hi Fleeced
The FOS case may be finished by that time, but
do not bank on that, currently there are thousands of cases awaiting the final process
Crapstone do not wait for the FOS service to finish therefore prepare your papers for the court.They will use PCOL on-line to apply for
a warrent at that time use your N244 to apply for a hearing to set aside the eviction,they will put up a fight if you try to set aside the SPO as they will say for 6 months it stays
with the litigation management team,a further reason to add £115 per month or £25 for a late
payment or £60 arrears management fee.
Thanks Derek.I’m also sending a letter and info the OFT who did a great job with the credit card companies in 2006 and that ruling is so similar to that of mortgages.
I’m also going to get the FOS to claim back all the arrears balance interest they’ve added to the mortgage balance too.Will a judge set aside the SPO on the grounds that the FOS ruling may be pending? or even cancel the SPO on the grounds that the ruling is pending?
Hi Fleeced, the DJ will hear both sides why the SPO
should be set-aside or why it should not.
99 percent of the time a district judge will make an
order to stay the warrent.
If you want to set-aside the SPO, this will only happen if you bring action against them, and only
after you paid or can prove that the arrears were paid, and the charges remain which are currently with the FOS under complaint ref;xyz.
I tried that one, The SPO is there holding hammer which they use on all arrears, which is some 40,000
accounts out of 79000.
furtherStep-by-step guide to making petitions
Step 1: Create your petition
You will be asked to give your name, organisation (if you represent one), address and email address, and the title and text of your petition. You will also be asked to give a short, one-word name for your petition. This will be used to give your petition a unique URL (website address) that you can use to publicise your petition if you wish.
You will be able to specify a start and finish date for your petition, and we can host your petition for up to 12 months.
Step 2: Submit your petition
Once you have submitted your petition, you will receive an email asking you to click a link to confirm. Your proposed petition will then be delivered to the Downing Street inbox.
Step 3: Petition approval
Officials at Downing Street will check your petition to make sure that it meets the basic requirements set out in our terms and conditions and the Civil Service code.
If for any reason we cannot accept the petition, we will write to you to explain why. You will be able to edit and resubmit your petition if you wish.
Once your petition is approved, we will email you to let you know; this will usually happen within five working days, although during busy periods this may take longer.
If we cannot approve your amended petition, we will write to you again to explain our reason(s).
Any petitions that are rejected or not resubmitted will be published on this website, along with the reason(s) why it was rejected. Any content that is offensive or illegal or clearly spam will be left out. Every petition that is received will be acknowledged on this website.
Step 4: Petition live
Once your petition is live, you will be able to publicise the URL you chose when you created your petition, and anyone will be able to come to the website and sign it. As the petition creator, your name and your organisation, if you have specified one, will be displayed.
People who wish to sign a petition will be asked to give their name and address and an email address that we can verify. The system is designed to identify duplicate names and addresses, and will not allow someone to sign a petition more than once. Anyone signing a petition will be sent an email asking them to click a link to confirm that they have signed the petition. Once they have done this, their name will be added to the petition.
Your petition will show the total number of signatures received. It will also display the names of signatories, unless they have opted not to be shown.
Step 5: Petition close
When a serious petition closes, usually provided there are 500 signatures or more, officials at Downing Street will ensure you get a response to the issues you raise. Depending on the nature of the petition, this may be from the Prime Minister, or he may ask one of his Ministers or officials to respond.
We will email the petition organiser and everyone who has signed the petition via this website giving details of the Government’s response.
action, The PM web-site (press the PM into action)
Hi Ryde/CMS
THE WORDING FOR SUCH A PETITION, WOULD BE ALONG THE LINES OF THE LETTER I SEND YOU TO THE SITES E-MAIL ADDRESS!
VIEWS ON THE SUBJECT?
Derek,you mean the letter signed by the congressmen right,this is exactly the sort of lines we need,sorry but sidetracked lately,will draw to cms’s attention as its hidden as a downloaded doc.
And Derek…Having looked I can’t see it.
..
This is very important and there should be no reason why it is not made public.
..
Modify as YOU see appropriate and post to the home account and then we will use our PR to handle this one out to the Media.
These are obscure requests, recognisably so, but I’m sure you appreciate the need for caution here.
If a CC Judge makes a suspended repossession order for the monthly mortgage payment to be maintained plus £200 per month of arrears for example.These are then paid over the course of a year and the mortgage is then technically up to date.If Crapstone have added litigation managment fees etc,does the Order apply to these fees too? I’m assuming that the Order applies purely to the mortgage arrears and not any fresh late payment fees since the order? can anyone clarify this? many thanks.
FIGHT BACK
Normally if you incurred litigation costs due to late payment on a suspended repo they would scream breach and go for eviction.Once you have an arrangement in place they cannot add more charges.Can you clarify your position you seem to be saying youve paid late so theyve added charges by instructing solicitors ,right?
litigation costs have been added to mortgage balance and not arrears balance.I got into arrears,they went for susp.poss.order,got it and there was a mortgage arrears balance to be paid off which was £200 per month.This is now paid up,so the arrears balance on the date of the order has been paid in full together with all monthly payments.Since the order last year they’ve added late payment fees etc because my payments were late so they’ve artificially created a new arrears balance over the months with their fees.The Judge ordered a monthly repayment of the arrears balance of £200 per month which is paid.I want to go into court and say “Mr Judge,the order you made to pay the arrears balance has been paid in full,it’s all paid up.Can you now please dismiss the susp possession order as the mortgage is now up to date?” Crapstone might then say “well,this person has run litigation management fees etc,to the tune of £2,000 and we want this order maintained”.I then say I’m challenging the fees with the FO and have filed all the paperwork etc.Will the susp posession order be dismissed? can Crapstone keep it going? thanks
Personal opinion only.Were the new charges unfairly incurred?That has to be the question,were capstone under any notice that you were going to pay late or did you contact them about late payment or better still changing your payment date due to your own personal circumstances(self employed etc)This would be taken into account no doubt under mcob rules alone.
This is guessing but the Court would take the position I think that the FOS would make the decision that the charges were unfairly made and maintain the sus repo until that decision which would be nearly 2 years away.
You could of course apply to the Court directly for lifting of the order leaving out the fos and when opposed by capstone get the court to decide whether the charges were unfairly made but a)you would have to provide evidence that capstone was on notice of late paymentsb)they refused to change payment dates without giving fair reason contrary to mcob rule guidance(unfortunately its their discretion to agree to a change) but if they refuse they should give a valid reason.
hope thats of some use
I got a suspended possession order last year.The judgement stated that I was to maintain my regular mortgage installments and pay £200 per month of the installment arrears.I’ve now paid off all the mortgage installment arrears in full,have all the info in black and white.I have complied with what the Judge requested 100% to the exact wording of the judgement document.In the judgement wording it mentions only the mortgage installment,no arrears balance or any mention of fees.I did write to the Judge before the hearing and I attended the hearing myself in person to show respect.
Therefore,I’ve complied with everything set out in the judgement,have paid it in full and now I’m no longer in arreas.
I now need to get the Suspended Possession Order struck out,how do I do this? N244 form? and what legal jargon do I need? Crapstone don’t have a leg to stand to block this in any way as they’ve had their money.I really need this SPO struck out/withdrawn etc,it’s been hell for over a year.
hi Fight Back,
Removal of SPO, this can be applied for 6 months after the arrears have been paid back. Capstone do not have any defence to the application as your have maintained your payments for a period after the arrears are paid.
Capstone will fight it, maintaining that they are sure you
will fall into arrears again and by having a SPO they are in fact saving you legal costs.
N244 form requesting to set aside the SPO given the reasons why it should be set aside,take care with your wording as they will submit a statement in reply to application. The District Judges do not always go for this
and tend to side with the lender.
thanks for the swift reply Derek.Can’t I just get it done now why the 6 month timeline? is that written into law? that’s massively unfair.I really need something from a Judge rubber stamped which says I’m in the clear as I want the court to know I’ve followed their instructions and paid up in full.I can’t live my life with a Capstone threat,it’s horrible.This has been a massive distraction for me and has nearly ruined my life.
Hiy Fight Back, Ii now law, but it is what the team will put in there reply statement to your application giving
various reasons why your application should be dismissed
Can you just clarify,is it in law that I have to wait 6 months? Capstone have no evidence or proof that I could go into arrears again.The substance of the SPO is to repay the arrears in full whilst maintaining current monthly payments.Capstone told me it’s their policy not to dismiss an SPO,but thats understandable given their track record.Surely I can walk into a court room,head held high that I’ve followed the requirement of the judgement 100%,met all the conditions and repaid all the arrears.I can’t go on with my life knowing that if I’m late by one month on my mortgage that Capstone will be enforcing an SPO.
it is the not law, but having tried that one i
have a good idea what they will put in there
statement. I have a meeting in chambers this week and find out what is your best approach
sorry getting late, long day it is not law
Fightback,
Capstone/Acenden didn’t tell you about their policy to LIQUIDATE the mortgage book. So you are correct in your expectation but in reality, that may not be what happens. Be prepared to be on the Fightback all the way – it is better to be forwarned that they may stuff you for huge fees, admin costs and any other charges that they can think of to defeat your intentions of recovering from the alleged arrears. That is their M.O. It is their policy to make sure that you do not recover. That way, they can go to court and complain that you are in bigger arrears (because you haven’t paid all the fees) and that is how they follow their policy to LIQUIDATE YOU. I am not telling you this to upset you – just to forewarn you – so be prepared. They fight very dirty, very illegally and do not expect them to operate within the law. Their M.O. works because the District Judges do not listen to a litigant-in-person and so they get away with it. Warning – be prepared your fight has only just begun.
If you want some support, you will find it here. But also I suggest getting in contact with Richar Richard.Dyson@mailonsunday.co.uk
Many thanks to Derek,Survivor and Monkey Business for all the help and replies,it’s truely appreciated.My biggest worry is Capstone using the SPO to enforce repossession.They’ll be expecting my £200 per month arrears payment and when I don’t pay(because legally I don’t have to) they’ll go for repo because they won’t read the judgement details which is why I need a district Judge to do something.The law is on my side here.I really need to go back into court as I need something concrete legally to prevent the heavy handed Capstoners to pull the trigger.
Hi, I need some advice please I am with spml/capstones/acenden whoever they are now.. I have a suspended possession order on my house and have not missed one payment but this month my bank account was wiped out by someone cloning my bank card, when I call them to tell them their will not be a payment where do I stand please? every other company has been very understanding. Many Thanks s.
write them a letter explaining.find out from your bank when you’ll have the money to pay.keep giving them info,as much as possible.
Can I stress the advice to WRITE to them. AND send it by recorded Signed for post.
If you can, get some written verification from your bank that you can send along as well. Do not give them and inch. Best of luck
SOS PLEASE HELP PREFERRED MORTGAGES AND ACCORD MORTGAGES GANGED UP AND DEFRAUDED ME AND MY MOTHER OF 3 PROPERTIES IN ONE HOUR TOGETHER THE WHOLE THING HAS BEEN FRAUD THE LAND REGISTRY TOLD US TO CALL THE POLICE BUT THE POLICE HAVE DONE NOTHING BECAUSE THEIR IS NOW A CONFLICT OF INTEREST BECAUSE THEY WILL ALSO OWE US COMPENSATION FOR UNLAWFULLY EVICTING..PLEASE HELP NOW HOMELESS & HELPLESS UNABLE TO FIGHT ANYMORE THEY HAVE MADE US DESTITUTE AND DEFENCELESS.
DELIBERATELY TOOK AN UNFAIR ADVANTAGE PREFERRED/ASCENDEN/CAPSTONE MORTGAGES AND ACCORD MORTGAGES EVEN THOUGH I HAD A COURT ORDER TO SUSPEND THE EVICTION BECAUSE PREFERRED NEVER TURNED UPTO COURT WITH ACCOUNTS AS ORDERED BY JUDGE FOR HARASSING ME OUT OF MY JOB WHEN I HAD PAID EARLY I WAS STILL EVICTED AND PROPERTY INCACERATED AND STILL CHARGED MY MORTGAGE AND DEFRAUDED OF MY HOME AND UNDERSOLD AND LEFT WITH NOTHING AFTER PAYING SINCE 2003 THE COURT ORDER MEANT NOTHING FALLEN ON DEAF EARS, EVEN THOUGH THE HIGH COURT HAS SAID ITS CONTEMPT OF COURT AND BREACH OF COURT ORDER A YEAR LATER IM HOMELESS NOTHINGS BEEN DONE AND GIVEN THE ADVANTAGE OF SELLING OFF MY HOME FOR PEANUTS..PLEASE CAN SOMEONE HELP
Try getting hold og govan law centre they may take on your case or suggest legally what options are available.just google the name for contact although it should be on site.
Wot about people who have paid mortgages in full but want to apply for ppi refund from SPML. Has there been any successful cases
You have NO CHANCE of getting a PPI refund from SPML.
How did you manage to pay the evil filth in full? Inheritance or National Lottery win? I would check very carefully to see that their previously registered charge against your property has been removed. But since you are clear of the filth you can always launch a court claim. Good luck with that.
Was forced to sell my home as I was in arrears with Spml
Was forced to sell my home because I was in arrears and they were going to reposess