I checked the timescales on chargeback and I'm outside them. Had I known about chargeback before starting the small claim, I would've been fine. I thought I'd only be able to make a claim for the money once. Is it possible to bring a new claim against the new entity? If so, how do I approach it? Do I repeat the claim as before, or do I claim the unpaid claim (if that makes sense)?

Thanks for replying, that's quite helpful... Land Registry is a possibility, I may try that avenue. Is it possible to start a new claim? I paid Debit Card, so I'll find out if Chargeback is an option, although I'm not sure if there's a time limit on that. I've considered a 3rd part debt order, but don't know their bank account details or how to find them out. Would I have to attend court in person?

I'm not sure that would yield anything as the hotel now trades under a company called Holidays Direct Marketing (Southern) Limited, same directors though. I think they may just say there's nothing belonging to Portsonachan Hotel Limited there, even though the hotel is called Portsonachan Hotel.

Yes, I just checked and it says forthwith on the judgement. Portsonachan Hotel Ltd have just filed their accounts for 2012 and reported £33,412 in assets (but over £1m in liabilities). What's my best route, debt collectors that enforce CCJ's or enforcement action through the courts. I don't need the money, I just want this hotel to understand they can't keep ripping people off so want the best chance of making them pay.

Hi Andy, Thanks for replying. The claim was issued in England and in their company name. Their registered office is in England, but I suspect it'll have nothing of any value belonging to the company that bailiffs can take. I don't want to spend £100 on enforcement if I'm unlikely to get anything back. I've since found out from Trading Standards that the hotel is now trading under a different company name, but owned by the same directors. The directors have multiple companies and the hotel seems to have transfered between 2 or 3 of them over the last few years. It's all looks very suspect. The company I have the judgement against is Portsonachan Hotel Limited I'm afraid I don't know what you mean by the judgement being forthwith. Regards, J.

Hi everyone, I rarely use forums, so please be kind I booked a stay in a Scottish Hotel some time ago via their trade stand at a flower show. When we arrived the accommodation was nothing like the photos on their website or on the stand. The room was damp, cold, dirty and had no soft furnishings to speak of. Bedding looked filthy and the electrical wiring rather suspect. On top of that, we were told on arrival that the water was unsafe for consumption so they'd be giving us bottled water. They were fully booked, so the only option we had was to put up with it or go home (600 mile round trip) and pay £10 to change our booking. We asked for a refund and the manager was very rude. Afterwards we wrote to the hotel a few times without joy. I therefore started a small claim online as the hotel company is registered in England & Wales. Judgement was made end of January in my favour, instructing the hotel to pay me £167.44. They've ignored the court order, despite me writing to them again twice. I even phoned and was told they have no intention of paying. They don't even seem to care they now have a CCJ against the limited company. So, what's the best way to take this further? I understand I can commence enforcement action, but only their registered address is in England. Can the court bailiffs go to the Scottish trading address? Any advice is welcome... J.

I phoned them and they stated they do not use Rule of 78, so things have obviously changed since they printed the T&C's booklet I have from 2004. I requested an early settlement figure and it seems okay. Regards, AM

Thanks Frettful. So if I understand it correctly, the using Rule of 78 is considered unfair, so I assume front-loading of interest would be too. I haven't yet spoken to them for a settlement figure, I wanted the ammo just in case they try and pull a fast one. Did you know they're now calling themselves UK Secured Loans, or at least that's what they call themselves on their customer helpline. Will update this thread with what happens as I'm sure other people will want to know.

I have a secured FirstPlus loan of £40k, taken out in August 2004. It's 6 years in and despite paying some £27k in payments, their early settlement calculator shows I'll have to pay £38k if I want to clear the loan now. I believe that's using the rule of 78 to front load the first 10 years worth of interest, but from what I've read it appears they aren't allowed to do that anymore. The loan isn't regulated by the CCA 1974, but in clause 6 it states that I may settle the agreement in full at any time in accordance with the CCA 1974. So, does anyone know if they are legally allowed to use the rule of 78 and front load interest, or will I only have to repay the outstanding capital? There's a big difference as repaying only the outstanding capital means I'd only need around £29k to clear the loan. Many thanks, AM

Hi all, Was there any further info on this matter, either here or posted elsewhere. I too am looking to settle. Thanks, AM

Thanks for the excellent explanation, it really helps clarify things. To be honest I'm not expecting to get the loan written off, although it would be nice, but they did screw me over so I don't see why they should earn any interest out of me. I'll have a think about it over the weekend, see what Stephensons Solicitors say on Monday, then decide on my approach. In the meantime, any other advice is most welcome. btw, haven't you heard? The economy is already collapsing AM.

I really appreciate all the input here. Basically I'd like to know if I have a case and what the possible risks are. I did draft a letter, but haven't sent it to FP yet as I don't know what I should be asking for. It was easy with PPI - 'give me my money back plus all the interest'. It's not so easy with this loan. I've made £20k worth of payments on the £40k loan, although the outstanding balance is probably still well over £30k. Based on how they sold the loan to me, should I go for a write off of the remaining balance, make a settlement offer (say £10k) or make them fix the interest rate at 8.9% and continue with the loan payments. If I write to their complaints team, I feel I need to make my expectations clear. I don't want to undersell myself or ask for something they'll never agree to. Problem is, I don't really know what I can realistically push for. I hope that makes sense. AM.

Nice one! I've sent them an e-mail about my situation and we'll see what they say. Looks like they do a free assessment and work on no-win no-fee basis. If anyone has any other input, I'm still all ears... Thanks, AM

I did consider legal action, but from searching the internet all I could find were legal firms that require large upfront payments just to consider whether or not to take the case on. Can anyone recommend someone who can help me with this, say on a no-win-no-fee basis. I understand they are out there, but I can't seem to find them. Thanks, AM.

That's what I'll do then, unless anyone else has any advice? Thanks, AM

Loan was direct with FirstPlus AM

I plan to write to them as you've suggested, but would like to know what sort of resolution I should be asking for in my complaint. Or should I leave it open for them to make an offer? Thanks, AM

New thread created... http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/176310-my-firstplus-secured-loan.html I'll now stop posting on this PPI one. Regards, AM.

Hi, I have recently won a PPI reclaim from FirstPlus, but while reviewing the SAR, I discovered they'd clearly misled me regarding the interest rate too. The terms of the loan have been corrected since the PPI refund, and are now £40k over 240 months with almost 5 years of payments (approx £19.5k) made to date. The loan was for consolidation of unsecured debt. I've been studying the telephone recordings supplied in the SAR and there are a few things to be noted regarding how they sold this secured loan to me... 1. I clearly tell the Sales Rep I'm looking for a fixed-rate loan, but she continues to sell me the secured loan without revealing it's a variable rate. 2. She tells me I am able to make lump-sum payments of 10% or more at any time, but doesn't tell me there are huge fees associated with this. 3. She tells me I can change the terms of the loan if my circumstance change, but doesn't tell me there is a fee for doing this. 4. She tells me unsecured loans would not suit me needs as the repayment terms are limited and they do not allow early or lump sum repayment. I now know this was a blatant lie. 5. When we finally agree on the sum to be borrowed, she quotes me 8.9%, where as the previous quote had been quoted at 7.9%. When challenged she 'checks' and maintains they'd always quoted 8.9% - 7.9% was clearly quoted in the recordings! 6. At one point she tells me a secured loan will put me in a better position should I ever want to remortgage. That seems like a load of BS to me too. 7. At no point did she do any checks of my outgoings, relying purely on my credit file to determine if I could afford the repayments. Surely they are required to be far more thorough for a loan of that magnitude! 8. I now know the loan was inappropriate for my needs and served only to make my financial position even worse. Surely they are obliged to ensure the loan is suitable for the borrower. I feel as though they've definitely been underhanded in selling me this secured loan, in paricular by selling me a variable rate loan under the pretences of it being fixed rate! Since the loan started, the interest rate has soared - 9.4%, 9.7%, 10.2%, 10.5%, 10.8%, 9.7% (for 2 months only), 10.2%, 10.2%, 10.5%. They've consistently passed on any base rate rises, but only one base rate cut. This is exactly why I wanted a fixed rate. So, what should I be trying to do here. They admitted mis-selling the PPI, so they've already admitted their sales rep failed to follow the correct procedures. Can I claim the loan agreement is unenforcable (i.e. repay the original amount with zero interest)? Or should I insist on them fixing the interest rate at 8.9% and refunding the excess I've paid to date? Or should I just insist they pass on the recent rate cuts? Should I seek professional help with this one, or can I go it alone? Any advice is most welcome. Many thanks, AM

Hi, Happy New Year to all who are following this thread... Sorry it's taken me a while to post more info, but it's been a hectic Christmas with family staying and some essential DIY before they arrived! I didn't even get time to go fishing during the warm spell before Christmas I've been studying the telephone recordings and there are a few things to be noted regarding how they sold this secured loan to me... 1. I clearly tell the Sales Rep I'm looking for a fixed-rate loan, but she continues to sell me the secured loan without revealing it's a variable rate. 2. She tells me I am able to make lump-sum payments of 10% or more at any time, but doesn't tell me there are huge fees associated with this. 3. She tells me I can change the terms of the loan if my circumstance change, but doesn't tell me there is a fee for doing this. 4. She tells me unsecured loans would not suit me needs as the repayment terms are limited and they do not allow early or lump sum repayment. I now know this was a blatant lie. 5. When we finally agree on the sum to be borrowed, she quotes me 8.9%, where as the previous quote had been quoted at 7.9%. When challenged she 'checks' and maintains they'd always quoted 8.9% - 7.9% was clearly quoted in the recordings! 6. At one point she tells me a secured loan will put me in a better position should I ever want to remortgage. That seems like a load of BS to me too. 7. At no point did she do any checks of my outgoings, relying purely on my credit file to determine if I could afford the repayments. Surely they are required to be far more thorough - it was a £40k loan! I feel as though they've definitely been underhanded in selling me this secured loan, in paricular by selling my a variable rate loan under the pretences of it being fixed rate! Since the loan started, the interest rate has soared - 9.4%, 9.7%, 10.2%, 10.5%, 10.8%, 9.7% (for 2 months only), 10.2%, 10.2%, 10.5%. They've consistently passed on any base rate rises, but only one base rate cut. This is exactly why I wanted a fixed rate. My payments went from £419/mth to £460/mth. So, what should I be trying to do here. They admitted mis-selling the PPI, so they've already admitted their sales rep failed to follow the correct procedures. Can I claim the loan agreement is unenforcable (i.e. repay the original amount with zero interest)? Or should I insist on them fixing the interest rate at 8.9% and refunding the excess I've paid to date? Or should I just insist they pass on the recent rate cuts? Any advice is most welcome. Thanks, AM

Yep, FirstPlus appear to be very bad indeed! I'll put together a letter this weekend and post it for feedback. What action should I be asking of them? AM

Well the rate increased a few months after I took out the loan and has continued to increase with only the occasional rate cut. It's never been lower than the level at which I took out the loan and the recent BoE rate cuts have not been passed on. I'm currently paying 10.5% when the original rate was 8.9%. I did a search the other day about FirstPlus not passing on the recent BoE rate cuts and found this... Firstplus Interest Rates - MoneySavingExpert.com Forums AM

Hi Goldlady, Yes, I did the SAR before reclaiming the PPI premium. In the conversations you can hear me say I'm looking for a fixed rate loan. At no point does the rep say it's variable. AM

When they sold me the loan, I clearly told them I was looking for a fixed rate loan. This is in the phone call recordings, yet at no time did they tell me their loan would be variable. When I received the first interst rate change letter after a few months, I actually phoned them to query it and it was then that they told me it was a variable rate. Anyone know where I stand with that? Thanks, AM

Cheque arrived and has now cleared in my account. They've even refunded an over payment for November. Now I feel it's time to tackle them regarding the BoE interest rate cuts they've failed to pass on to me. Anyone got any suggestions regarding this? Cheers, AM.