FirstPlus issues....

[Nav1g8r]

Hello all I am a noob so please be gentle.

 

We (do not worry if i say "I" because me and my wife are involved in all of this) took out a loan for 33k with firstplus in 2003 because Carole Vorderman was on the ads. (not not really it was to cover CreditCard and other debts)

 

I originally took out my Mortgage with the Abbey (which is still ongoing on the same plan today, interest only) that i have kept fully uptodate.

 

On wednesday we have a bayliff stage to contend with (yes it really has got that far). I am in court tomorrow for a second hearing to prove i can pay back the original £33k loan plus the £15k in charges.... now then... I took out a protection plan with Firstplus which was worth £6k taking the total to £39k + charges = £54k... original mortgage and first plus = £105k. value of house £110 (about - it was 145 in the summer)...

 

I think i may have been missold the payment plan as i had various credit cards and loans at the time that i have subsequently destroyed. My income and expendenture states that if i was to pay back the current rates of all the cards, loans and mortgages etc then i would have to earn a minimum of... wait for it... £55k per year.... I am on best part of minimum wage so total income is about £23k between us...

 

I am pretty much praying that i can get it chucked out tomorrow on a technicality and case law.. we can afford to pay it back but only just... a big re mortgage and the credit is already basically frozen now anyway.

 

Followed all the forms - think burying my head in the sand didn't help but then again being made unemployed after doing a really great well paid job for years didn't help either...

 

I have contacted First plus on numerous occasions for settlement figures (so i can remortgage) and they refuse or claim that they haven't chatted to me... (I work as a call centre manager - I know that they record all calls as do we)...

They claim to have never recieved my mail too.. They also claim that they have sent me info and they don't... It took ONE missed payment to send it to their buddies in Cardiff - Eversheds... I am sure that these two don't communicate with each other... ("contact Firstplus", "no... you need eversheds")

 

They can't even quote me the interest rate (and couldn't in court neither).

 

wish us luck...

[Ell-enn]

Hi, when you say you are at the bailiff stage so you mean you have received an eviction notice? Also, assuming you have entered an N244 for a hearing what did you put in Q.10 of the form?

 

Have you prepared a witness statement for tomorrow's hearing?

 

Kind Regards

 

Ell-enn

[Nav1g8r]

Yes to both - I went to the N224 hearing on Friday. I can't remember what i put on the form but have been working with a friend on the witness statement and we have pretty much redraughted a income and expenditure form, dug out all the literature and even bank statements from 1998!

 

What gets me the most is that FP and Eversheds have never really helped me when we asked for help.. it is most annoying. (then denied that i contacted them when i call back the next time)

[Ell-enn]

OK, don't forget to mention the Civil Justice Council Consultation Paper - Mortgage Arrears Protocol whereby lenders are supposed to negotiate and assist customers who are experiencing financial problems. Repossession is to be a last resort where there is no hope of payment - county court judges have been updated on this by the government.

 

Ell-enn

[Nav1g8r]

Ok thanks for that - that puts a new twist on it... Thanks for the extra option...

 

We haven't said that we wouldn't pay - just didn't know how much they wanted. They wanted £150 on top of the original payment (un-negotiated) but didn't actually state what that original payment was (and i still don't know what it is!)

One bit of paper states £418 - another on is £368. quite a variance. I guess that i should have paid summat - bit late now though.

[21stcentury]

Hi Mr Navigator,

 

you must have a nice friend there! LOL:p

 

Hi Ell-enn,

 

Just thinking on this one, if there is a SPO granted, and they are just at the stage of asking for a warrent of execution. what would your steps be?

 

21st Century

[Ell-enn]

Hi 21st Century, when an eviction order is issued you need to apply to the court for a hearing to suspend eviction. You need to have reasonable defence of course - an offer of extra payments each month using the case law of Cheltenham and Gloucester v Norgan, and submitting a budget sheet with the application to prove you can make the payments. Also any documentary evidence that you have written asking for help and been ignored/refused usually helps to reinforce your defence.

 

You could also ask for time to sell using case law also.

 

Why do you ask - you got a problem?

 

Ell-enn

[Nav1g8r]

I wish i had a time machine... I could have noted it all down. even my phone bill is electronic... my bank statement is online (I had to print the last 6 months out at work on Thursday!) So finding "hard" evidence is difficult... Perhaps everytime i write a letter i should send it special delivery in future!

 

Thanks 21cn too!

[21stcentury]

No Probs Mr B,

 

Hi Ell-enn, i've not got a problem, i'm quite okay in this respect, infact the only problem i've got is of the female variety, can you help me there?

 

What case law would you use for time to sell?

 

21st Century

[Ell-enn]

, infact the only problem i've got is of the female variety, can you help me there?

 

Ermm.... depends what it is !

 

What case law would you use for time to sell?

 

Palk v Mortgage Services Funding Plc & Law of Property Act 1925.

 

21st Century

 

[21stcentury]

Hi Ell-enn,

 

you are an angel, that is just what I was looking for if need be.

 

As for the female problem, lets just say I have one that is very high maintenance that I need to get shot off, she costs too much! I am looking for a decent loving girl who likes to help. Maybe the OP has a nice friend for me??? Well Mr Navigator?? Needs to be low maintenance and dont mention Miriam!

 

LMAO

[Ell-enn]

Hi Ell-enn,

 

As I am looking for a decent loving girl who likes to help.

 

Ah well, I might be a bit too old for you then lol

 

LMAO

 

...

[21stcentury]

the older the fiddle the better the tune!! lol

[Ell-enn]

the older the fiddle the better the tune!! lol

 

Agreed

[21stcentury]

well you say yorkshire (ish), where would that be im a mad Scotsman living in the North East also. hehehahahah,

 

Sorry Mr OP I have taken over your thread flirting, you'll be okay tomorrow, remember one thing that your friend is probably alot wiser than the Judge, he will always do his best for you. He will ensure that you get time to postpone the possession order and get things sorted out.

 

So Ell-enn, you fancy meeting up? I'll even come to yorkshire if I can go to where Heartbeat is filmed?

 

21 st Century

x x

[Ell-enn]

Strangely enough I'm a mad Scotswoman

[21stcentury]

LOL, now I know the OP will be laughing. Sorry Mr B, you'll be okay, I'll come to the rescue.

 

Now Ell-enn, now that puts a different slant on things, I am a weegie, couldn't possible look at you if you were from, yeah you know where. Go on put me out my misery, where you from originally, shatter my dreams. As for being strange, well its a sunday night before the week ahead and were on a forum, well i'm currently on 3 switching between them.

 

21st Century

[Ell-enn]

A weegie! good man. My dad used to say the only good thing to come out of auld reekie was the Glesca train I was originally from a small town just south of Glasgow and worked in the city for many years.

[21stcentury]

why yorkshire then? Its a long way away from the bustle of Glasgow, and the cultural neds!

 

Needing to download and print

Palk v Mortgage Services Funding Plc & Law of Property Act 1925

So as I have it for tomorrow, for my own information. I was having a discussion on another forum yesterday about the deep fried mars bar! Yeah I know very strange discussions these forums have.

 

The OP, is in a position where he has a SPO and the claimants have went for execution of order, he appeared on Friday and said that he was looking to get remortgage. That wont be possible due to other circumstances, so looking to try and move forward and help them out. The claimants were granted the SPO when the defendants sent a letter in to the courts to put their case accross in which they stated they could afford £150pcm extra. These payment terms were not met and as such them have asked for execution of the SPO. Am I right in thinking that we shold be able to get this suspended again and present a new offer of payment and supporting evidence such as proof of income. The claimants still have not provided the evidence to what the current APR is, and justification of the charges that have been added, I beleive these to be unlawfull, the figures dont stack even with court and legal costs being added. They are still requesting too much.

 

If I fail on getting the SPO suspended and buy then time to sort their financial affairs, would I be able to ask for the time to sell under the Law and property act??

 

Thanks

21st Century

[Ell-enn]

HI, you need to apply to the court on an N244 which you can download here: Her Majesty's Courts Service - Home. Select forms and guidance from the menu on the left and enter N244 in the box.

 

They will need to complete a budget sheet (affixed) to go with the form to show how they arrive at their offer of paying extra per month. Use the Cheltenham & Gloucester v Norgan case law for that. If you look around the repossession forum you should be able to pick up on of the defences I have done and get an idea of the wording.

 

In Q.10 of the N244 it's best to write "see affixed sheet" as you won't get everything you need to say in the box provided.

 

It needs to be hand delivered to the court if the eviction warrant has been issued, so they get a hearing at short notice. The fee will be £35.00.

 

If you need any further help, just shout.

 

Ell

Budget Sheet.xls

[21stcentury]

Hi Ell-enn,

 

hearing is tomorrow at 10am

 

So will have to wait and see, have already drafted defence for them. Just wondering what chances for success are?

 

thanks

[Ell-enn]

Depends on the judge unfortunately:rolleyes: when you say you have done a defence do you mean you have done a statement to take to court tomorrow quoting the case law?

[21stcentury]

Hi Ell-enn,

 

yes, and proofs of why payments havn't been made and also income and expenditure to show how future payments can be made. The case law that i have taken down was the law of property act incase the judge says no, I can ask for time for my friends to sell on there own, in order to get best possible price

[Ell-enn]

Hi, if they've got an income they'll be ok, the new government guidelines say possession should be a last resort i.e. if there is no hope of payment. Also the lender will have to prove they have tried to help and negotiate with the customer.

[21stcentury]

Yeah income and expenditure shows some surplus about £100 per month can go to there arrears. I hope the judge is nice, some can be plonkers.