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  1. Ah no not sold yet. Well that's sort of my question. He told me he wants his all money sent to his solicitor and that any claims for money that is not secured on the house will have to go to court, he told me that his solicitor asked for me to send him any agreements that he had signed for this money he owes my mum, of which there isn't any and he knows that, I sent him one of the emails where he acknowledged that he owed her money and said he would pay it back when the house is sold, as well as screenshot of that money coming into our account and being paid out to people he owed that was about 5 years ago when we had decided to sell the house to clear debts and start a fresh! that's when he started making suggestions of asking my mum for another 25k to clear debts instead so we could stay, and that he would change and be a better person - and me like an idiot believed that. What I'm worried about is that anything done before the house is sold and completed will make him pull out of the sale to spite me and he will sit here and I will still be liable for half the mortgage and be paying rent at the same time. I need the sale to go ahead and thought that I could have the disputed amount held back by the conveyancing solicitor.
  2. Hi Dx, I'm not sure what you mean exactly - the house is being sold it has to be so that we can move on. let him just do what? I need to make sure he can't get rid of the money or hide it, he will make it very difficult for me. I really need to know if I have a leg to stand on re the debt he owes my mum - if I Can show that he has acknowledged it before and has said he would pay it back is that enough? I can can show emails and text messages - one of the emails is where her blatantly coerced me into asking her for 25k
  3. Hi Everyone. It's been a while I was here before due to long running battle with first plus/elderbridge and the interest rate argument. My husband and I have separated and are selling the house. We were together for 20 years and it took that long for me to realise that he is a narcissist and everything he did during our relationship was abuse, we separated about 2 years ago but due to finances and the first plus/elderbridge complaint still ongoing we could not sell etc. Things after this got very nasty and about 18 moths ago I had to call the police due to his behaviour and then take out a non molestation order. Looking back at emails and texts message from him I see everything in a new light, I was young and naïve when we met (he was 6 years older and had been married and had a child before) and love bombed me and then I got pregnant and we moved in together within 6 months! But to cut a long story short, he is a gambler and not a good one! he is also a taxi driver. In the time that we have been together he has coerced me to get into debt - he's asked me to apply for payday loans for him, credit cards and worst of all every time he needed money for cab repairs, or money he'd lost gambling he would make me ask my mum (because he knew that she had money saved) which stupidly I did. now it comes to selling the house and he has said he has no intention of paying my mother back! We never signed anything, but my mum sent a breakdown and listed reasons for each loan - mostly it's the costs of two taxi's and repairs to those taxis and sometimes tax payments (because he never put that money aside!) I have text messages and emails going back a few years where you can see he made me ask her - it's hard to explain but it was a lot of guilt and saying that he felt depressed and that my mum lending him the money for this that and the other would make him feel better and he would be a better person etc etc - I'm an idiot for believing any of it and I see that now as his true personality has come out more and more as he is saying he has not signed any agreement therefore will not pay my mum back out of the sale of the house, he has however on many occasions in text messages and emails said that her would pay her back when the house was sold in the future (obviously this was before we split) Once the house is sold I have calculated that we would be left with approx 65k each after paying her out of the proceeds, he complains that this is not enough for a deposit to buy again. he looked at buying me out but the payments would have been too high, and that was borrowing probably the same amount that it would have been to buy me out so i can' see that he's going to be buying anything any time soon - especially as rate are so high anyway and also he's 52 so is hard anyway! I have found a place to rent so 65k is enough for me, I don't plan to buy again yet. But my question is what can I do about his refusal to pay my mum back what she is owed. The amount is 80k Can I ask the conveyancing to hold the 80k back or even his half that he is disputing? and I pay her my half - I am not denying that I owe it to her and I never would - he clearly has no morals. The thing is once that money reaches him he will make me take him to court for it. And this part will sound awful but I want to tell him that paying his half back to her will cost him a lot less than the alternative (he has been a taxi driver since 2009 - so nearly 15 years and has not declared his earnings to HMRC for at least 8 of those years!) I don''t want to go down that road but if it was the other way round he would not hesitate! Any suggestions of what else i can do? Thanks
  4. Hello all, well its ben a while since I've been back here - been having a battle with FOS and Elderbridge! Long story short - back in 2018, my neighbour who also had a first plus loan originally had her balance reduced to nil after Elderbridge tried to repossess. In the meantime I had a complaint with the FOS and stopped paying in 2018, it finally got to the end and the FOS said that they could not do anything as my case had been to court - this took approx. 4 years! I decided to do an N244 application to vary the original judgement. that went to court in April and was dismissed by the judge because of the length of time passed since the judgement - even though a lot has changed since then and I was pretty lucky to get that! they also said EB would have to start new proceedings etc. Obvs they're not going to do that!. 18 months ago my husband and I split - it is an abusive relationship and i want out - in order to do that we need to sell, he refuses to leave the house without his share but neither of us think we should be paying the redemption figure they've given of approx. 140k, and my ex refuses to even sell unless we can get a reduced settlement agreement with them which effectively traps me here. Can anyone help me with what to write in my letter - writing it in a way to make it appealing if that makes sense. I was thinking about adding this that I found. It seems there was a case where the person had an open account but had not paid or acknowledged in 12 years and went to court where they found the loan Co could not chase them and the charge was removed. Now obviously we've acknowledged recently but I was thinking of adding a line in the letter to say that I'm making this offer in full and final settlement of the account, if they don't accept or negotiate in some way and we agree a figure I will stay in the house for 12 years and will not pay another penny or acknowledge the debt again and then apply to land reg to have the charge removed. I think these are the parts of the legislation that apply. https://www.legislation.gov.uk/ukpga/1980/58/section/15 https://www.legislation.gov.uk/ukpga/1980/58/section/17 https://www.legislation.gov.uk/ukpga/1980/58/section/20 https://www.lawteacher.net/cases/ashe-v-national-westminster-bank.php And I would also agree to sign a Non disclosure order and no claim for compensation in the future Can anyone help please?
  5. The FOS have finally seen that there is a massive issue with these loans after years of customers telling them. I was taken to court by them in 2013/2014 for possession but successfully got a decision from the judge that the interest rate variation clause written in the contract was unfair (see Firstplus vs Murphy & Dye) but others have not been so lucky - some have lost their homes to these people or are maybe still struggling to pay them If you have a first plus loan (now transferred to Elderbridge) please make sure you make a complaint to Elderbridge or Barclays first plus asap! please feel free to use the court judgement above too - although it did not set a precedent, it will only help you! Please also check out the following urls (use chrome) - these are archived web pages from first plus's website the first is in 2006 - under the section How does the variable interest rate affect my loan? they state quite clearly "From time-to-time, your monthly repayments may go up or down in accordance with the Bank of England interest rate movements." http://web.archive.org/web/20060812175251/http://www.firstplus.co.uk/new_customers_faq.aspx#loanfor Yet they did not reduce their rates when the BOE rate dropped to a historic low did they? then 2008 where you can see they changed it to say "This is the rate of interest that fluctuates over time with general interest rates" – becoming quite vague in their explanations. http://web.archive.org/web/20080223123115/http://www.firstplus.co.uk/aboutourloans/Pages/loan-jargon-buster.aspx#v And finally in 2015 close to when they sold their loan book to Elderbridge they then changed their website and then said that it is not tied to the BOE or FHBR http://web.archive.org/web/20150511120847/http://www.firstplus.co.uk/FAQs(please select Interest rate changes for the dropdown to view) Here it states "The product is a variable rate product and the rates charged on the loan are not tied to the Bank of England or Finance House Base Rate. Our terms and conditions permit changes to the rate for various reasons, including to reflect changes to interest rates and to ensure our business is carried out prudently, efficiently and competitively. The reasons which allow us to vary the interest rate are set out in your loan terms and conditions." This is a clear contradiction to the version in 2006 when most customers took out their loans. This is simply mis-selling of product as well as being unfair, you have not been able to predict or rely on any specific market deviations that may give rise to a change, moreover, they do not provide any specific data to enable you as the customer to plan for any such changes. I have now not paid them for 2 years and complained again last year - my case is with the FOS and I hope that it will resolved soon, I have done a simple internet search and found a freedom of information request to the FOS for the numbers of complaints about this, the reply was that they have negotiated settlements on 150 cases and have 60 outstanding (this letter was dated July 2020) I in my complaint to first plus I advised that I have been given a lot of information from a friend who was in court with them but due to what she was about to ask for in court they very quickly settled her account in full after previously giving her a settlement figure of 189k! Based on this I stopped paying them 2 years ago and they have not chased me - now I do not suggest you do that as it will affect your credit score - I did because I had already suffered the default on my credit report for 6 years so would not affect me and I wanted them to take me to court again but they have not even written to me to ask why I have stopped paying. So again please make sure you make a complaint now - you will need to give Elderbridge 8 weeks to resolve -they will deny that they have done anything wrong but after that make sure you send to the FOS. Do not be put off by anyone on other advise sites such as Moneysaving expert or elsewhere, you have been miss-sold miss-led and generally treated badly and it's time for payback!
  6. Hello, Me and my husband saw an ad for claiming PPI from black horse, now my husband said that he thought we had an account with them for a car quite a while ago now. and so we went online and gave all of our details to check, but they have written back asking for the account number and paperwork etc that we don't have anymore, I can't even be sure that we had an account but my husband was admant. The question is, shouldn't they be checking that. all of the claims companies said that they can check without paper work. so shouldn't they be able to do it themselves? I would understand if they came back and said "you never had an account with us" but they haven't. Any thoughts?
  7. Thanks Bankfodder! Hello again everyone. I received my SAR back from Elderbridge and what and absolute load of **** it is! 1. They did not send any transcripts or recordings of any phones calls - both myself and my husband spoke to them in Aug 2016 (noted in their diary notes) and I called them in Dec 2018 (again noted in their diary notes) it was the same day they sent the reply even though they have mentioned me calling in their notes on that day, so not sure I should let that go or not! I also spoke to them in July 2016 (again in the notes) and I spoke to them in Dec 2012 (again in the notes) 2. Going through the diary notes in the beginning notes were sporadic mainly because we were making payment and everything was ok, then later as things changed there were notes almost once a month, then in NOV 2012 and Dec 2012 frequency of notes increase as this is when they began court proceedings. and throughout 2013 again lots of notes made - mostly their in house stuff about court dealings and so on - so that's fine. then in NOV 2013 hey made a not re the court date in OCT - saying that they were ordered to treat the loan as having a fixed rate from inception and sent off etc. BUT from 21 Nov 2013 to 17th June 2014 there are no notes at all! Now the hearing was on the 10th Jan 2014! 17/06/2014 14:43 *****Substantial EVS costs to be added to any SF ****** 17/06/2014 14:43 EVS Defended + At the hearing on 10/01/2014 an SPO for 500 on 26/01/2014 and then CMI + £60 wef 26/02/2014 plus MJ for £103,331.03 suspended on the same terms. It was also held that we could add our costs - Defended costs on this case are £33,879.80. 17/06/2014 00:00 Reviewed Reviewed 17/06/2014 00:00 ***Defended Costs*****:To be added to any SF ***Defended Costs*****:To be added to any SF 21/11/2013 04:13 ADHOC Statement Printed From 03/10/13 To 13/11/13 Batch 2015 Sequence 28 Printed 13/11/2013 00:00:00 Above you can cleary see the gap then suddenly the first notes talk about the court case and costs etc, at the trial in OCT the judge reserved cost till the next hearing (also stated on the documentation from the court) but then at that hearing in Jan 2014 we did not discuss costs - the 6 month gap I feel is very suspicious. The final court document dated 13th Jan 2014 says to pay the claimant £103,331.03 which is the amount outstanding under the mortgage and goes on to says order were not to be enforced as long as we pay etc. no mention of costs at all - so they seem to just be adding them 3. They sent a field agent to me in Jan 2018, I only knew this as on the 9th Jan 2018 I was working at home and heard the letterbox, thought it was the postman, went to the door to find an envelope shoved through the door with a letter in it saying they had been requested to visit me and that they called today but I was not in! and gave a number for me to call ( I saw the woman walking down the driveway - but she did not ring the bell! and I wasn't about to run after her!) But in the notes they have written this utter lie! 30/01/2018 12:44 Field Agent Report Received The field agent visited the security address on three occasions. The customer was spoken to through the window. They refused to discuss and refused to answer the door. The contact number on file is not recognised. RFA - Not known Reasons for items not verified:N/A Details of variances of items outside of expenditure guidelines and reasons N/A Property is a detached house in good condation valued at £406,000. Equity not known. I actually cannot believe what I have read here! Can I ask them for some kind of proof of this, because I don't know who they are talking about but it certainly wasn't me! 4. the documents they had sent me a joke, they have sent 77 documents in total, none of these are copies of letter from Elderbridge (which is who I sent the SAR to) all from First Plus and certainly not ALL of them, they have been bulked out by sending me copies of documents that I sent TO THEM for my court defence and there are strange Black boxes over some of the text!? which I don't understand! After receiving this info from Elderbridge I decided to send a SAR to Barclays and I got a small package with a couple of letters, some diary notes and screen shot of the account, as well as a short statement of account. This was for our ORIGINAL loan from Feb 2006, (we topped it up in June 2006) and the first one was closed. The second one is the one that has been transferred to Elderbridge but Barclays seem to know be denying ALL knowledge of it! and I know that they still hold the beneficial interest of these loans and that Elderbridge regularly contact Barclays for help and advise - I have contact with other account holders who have diary notes from Elderbridge showing contact to Barclays!.. This week I also had a reply from the FOS (only from an adjudicator not an ombudsman) and his initial opion is that it's ok for Elderbridge to claim the costs as we defaulted, he seems to be ignoring my argument that the relationship is unfair etc but I will be sending this back and asking for it to be looked at by an ombudsman. But was hoping that someone here could give me any advise re all of this - sorry I know it's a lot!!
  8. Hi again, I don't want to bang on about it, but I heard there were some changes to overdraft fees that they were switching from daily fees to monthly interest rate. Now as I explained before my fees went from £100 per month to £372 and I tried to come to an arrangement with the Halifax but they were not very helpful. Now I do need to ask the question again regarding the default, I just need to know if they should have sent a Default notice for an overdraft or does this only apply to credit cards? I am not asking if anything would have been different or if I would have paid it straight away if I had received a default notice. I am going to do a SAR to Halifax anyway, but I would like to know if they should have sent a default notice.? Thanks
  9. ok but if they never sent it in the first place then that cannot be right. I admit it is my fault that I wasn't able to pay them but it also their fault that their fees jumped from around £90- £100 per month to approx. £370! and they quickly started reporting that I was not keeping up!
  10. but if they never sent a default notice then surely they cannot register the default and it should be removed?
  11. Hi again, well I decided not to make payment to Westcott, as I need to sort out the default. Can Halifax register a default like that? I have checked though all papers received and did not receive a default notice at all. any advise please?
  12. the account is not viewable online with the Halifax and they have told me they've passed it to Westcott
  13. Hi all, ok not been back for a w while had a lot going on. but to catch up, I contact Halifax to explain that I was willing to make payment , thye asked me to complete an income and expenses form etc. due to house selling issues I was having, I neglected to do this and the account got closed and passed to Wescott. Wescott wrote a couple of times and I went to their website and made an arrangement to pay approx. 1 week ago. one strange this is that all letters were addressed to my husband and none to me - (it was a joint account) Anyway, the other day I checked my noddle credit report and found that halfax have registered a default, but I never got a default notice! This can't be right - or is it different for overdrafts - any advice greatly appreciated!
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