Hello All

I will get straight to the point I owe around £88,000 to FIRSTPLUS and arrears of £2317.50 have been passed across to REDCASTLE last week. I am in a really bad situation - the house on which this loan was secured was "handed over" to my former spouse so I cannot negotiate and I was ordered to pay the mortgage and 2nd charge of £1200 & £279 Child Allowance.

In March 2011 I lost my job - I wrote to FIRSTPLUS and informed them in January and completed a budget sheet. It was agreed that i was not in a position to pay. I was like many hounded every two hours asking when payment was to be be made. I am returning to court on the 10th June 2011 in order to vary the court order (Legally I have to do this as A. the order was drafted incorrectly and B. I must notify the court of the reason for stopping payments.

My new partner got fed up of FIRSTPLUS calling on her line so changed the number. She is also a shift worker and explained this to FIRSTPLUS they ignored requests not to call after 7pm. I received a letter from them stating that I was in "breach of contract" as I would not allow them to telephone me. I had written to them complaining that they had broken OFT regulations and requested that they contact me in writing only. They have insisted that writing is "no good" they need to hassle me by phone.

Sorry for the rambling but obviously the arrears have been passed over to REDCASTLE - I have no intention of making a payment I cannot afford - nor do I want agree to anything until I have gone to court (I was left to repay a lot of joint debt on my own previously following my divorce). How do REDCASTLE OPERATE? Can they charge me for recovery action - They seem to think that they can - granted court action will incurr a cost but agent visits and letters are not included are they? I only take home a small pension of £600 less child support this leaves me around £500 - Obviously I have to contribute to my partner for council tax, electric, oil etc ... FIRSTPLUS were willing to grant me 50% fees but clearly £350 a month was unreasonable. I am left with around £60 per week for general expenses ie petrol for a shared car, life insurance policy etc.

I am planning to write back to REDCASTLE but I do not want the sole responsibility for this debt (It was joint) my former partner. I really want to wait until my 1st hearing. I have no intention of ringing them and as the property I reside in is owned by my partner I think we can safely state that we do not give consent to home visits? The house is currently up for sale but the market is very slow and obvioulsy I do not control the sale! I am happy for the house to be repossessed as my former partner has an additional house and I do not live there. Unfortunately the house is on for an inflated price as the court decided that an equity should be passed to my former wife

I really do not know what to do. As I say in bullets the following sums me up:

I live with my partner - I have no assets and the house, car are in her name. We are not financially connected.

My Ex was granted LEGAL right over the family home, all its contents and equity by court order. I was ordered to pay £1200 a month plus £279 family allowance.

In March I lost my job - imediatly spoke with a solictor advised to file for variation as the only legal way to overturn the court order. Cost £8000! My solictitor tried to engage may former spouse from February but no response until May when court papers were served. Court date 10 June 2011. I receive no benefits so am not entitled to legal aid - hence my redundancy money had to be utilised (If spouse had agreed to a change in the order could have used the money to continue paying)

All trigger events have been reached and house in on the market for inflated price with no hope of a sale. Again I cannot control the sale! My former spouse has somewhere to live but is trying to make a few quid and its costing us both dear - although she does not see it!

FIRST PLUS have passed the account to REDCASTLE / GOTHIA for collection. I do not know how to deal with them. Given that I really do not think that I can afford a suitable payment should I just state that I do not recognise them as a creditor and request the debt be passed back to FirstPlus? You see for me the repossession would be a godsend - as I am covered by the terms in my bankruptcy for shortfall. We changed our phone line as my partner got sick and tired of them calling what was in essence her line. They refused to remove the phone number. They also refused to acknowlege my partners shift pattern request - My partner had to go to bed at 7pm for a 3 am start - we were called at 9pm several times.

I put the above in complaint form - however got back that I had agreed to be contacted and that subsequently had to give over our new number .... (Yeah doh .... right! )

Any advice on this tricky one .. before I go to CAB and so that I have some ideas before I go to court for variation next week.

Rumple1

Rumple1 you have defientely come to the right site, this site is very quiete on the weekends, so dont get too worried about people not helping, There are about 4 or 5 people who are really good and know their stuff and no doubt they will be on here as soon as they can to give you so great advice and some great starting points

Baz

Hi rumple1,

Like baz it is quiet on here at weekends, which means we are bored at work so spend that time on here during the week lol.

Well done for coming on here and you will get some help from people who know how to sort this out.

Your post confuses me slighty, can you explain what your paying or should be and to who for what if that makes sense.

Matt

Just had a quick re-read of your post, there is a letter template here ref the harrasment calls and also include door step visits.

That should put a stop to them.

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

Dear Sirs

Harassment by telephone

FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE] (type don't sign)

It will be interesting to see what position you are in after a court order, but with that level of debt and so little income, I'd be very surprised if the CAB didn't encourage you to think about bankruptcy. It is designed pretty much exactly for this sort of situation, it would get rid of your debts and give you the fresh start I suspect you need.