First plus loan for everest windows and a charging order - can i now Cca?

[exasperated]

Hello,

I write here for this reason....

 

I took out a loan/credit agreement apprrox 2002 for some windows eith everest and got a loan from firstplus

 

paid for 4/5 years and never missed a payment.

 

After the 5 years I found myself in big trouble and luckily (after proper heartache found the CCCS).

 

Was on a DMP at time (still am)the loan company got me in court and got charging order againstest my house for the loan for windows.

 

signed credit agreement and got a copy but still dot understan what is and is not enforceable

[angel_1]

hello and welcome exasperated to cag

 

im not too sure on loans info but if you are able to scan the cca document and edit out your personal info and details and any references we can take a look and advice you

 

im sure others more experienced will come along and help you

 

laters angel x

[SOD'EM]

How long was the loan agreement for? I'm presuming 10 years. If it was only 5 and you paid 4/5 years, I can't see them getting a charging order on your house for what would have been left.

[exasperated]

It was 10 years but as you know unsecured loans are far maor expensive in interest rates.

 

That is why I was fuming when the judge granted them a charging order.

 

After all if I had a secured loan I would have saved myself a small fortune over that term.

 

I am nervous about challenging the credit agreement as they are being very agressive and the way the market is at the moment it would be unthinkable to have a forced sale

[SOD'EM]

My dad is having a similar problem I thought (probably very naively) that if the loan is unsecured, then they cannot use your home as a method of payment???

 

I hope I'm not wrong because I am going to have to go through everything you have had to go through. I don't think my dad could handle it, at his age.

[exasperated]

A bit of background..

I have DMP with the CCCS and have sent the templates on this site requesting the credit agreements to four of the those on the DMP. Two have replied (both First Plus) and two have not

1) FIRST PLUS

One of the accounts is still with First Plus and the other is with Eversheds their legal people who took me to court and got a charging order although the loan was unsecured. Having now got both Credit agreements and studied them I have noted that the charging order they succesfully got is for the other loan. More interestingly both agreements came back signed but both dated the same day even though the loans were taken out several months apart. I therefore believe that the date has been added in at a later stage.

What should be my next action

2)NO CCA FORWARDED

Halifax and Bank of Scotland have both chosen to ignore my requests and the twelve day deadline has expired.(sent recorded delivery). They have both passed these accounts to Blair Oliver and Scott who have hassled me over the phone remorselessly. What do I now do to get these debts written off

Please consider that I am in a dire situation and at the moment both these accounts haver suspended interest. I am therefore nervous to antaganise them unneccesarliy

Thanks

[sequenci]

Hello there, I have moved this thread to general debt issues.

[exasperated]

Hi,

The CCA below was taken out in march but was dated under my signature as september the previous year but not in my handwriting. More interstingly it is signed by a firstplus representative and dated october the previous year aswell.

Here's the good bit..I have two unsecured loans with First plus who got a charging order on my house with financials that relate to this account and not to the one they got the charging order on.

Does this mean I have an opportunity to have it removed?

Thanks

 

Edited August 28, 2009 by exasperated
spelling

[skegleg]

bumping for you:)

[blueda]

I would say that you have a strong case, someone will be along who can advise you on this.

[exasperated]

Hi

anyone got some advice for me on this please

Thanks

[cerberusalert]

Do you still have your original copy?

 

Did you receive this from a DCA or the original creditor?

[exasperated]

No I cant find the original, this is the one first plus sent to me. First Plus are still dealing with this account, the other for which they have a charging order(which is the financials on this one) is being dealt with by Eversheds

Thanks

[Crapstone]

Am I right in thinking that you mean they confused the 2 loans and used the financial details on one account to gain a CO under the other account number?

[citizenB]

Hi, thanks for your pm.

 

I have merged the two threads you had on this issue in order to keep all advice in the one place:D

 

It does sound a bit dodgy doesnt it, I have asked other site team members for their opinions.

[exasperated]

Am I right in thinking that you mean they confused the 2 loans and used the financial details on one account to gain a CO under the other account number?

Yes thats it exactly, also as mentioned the docoment is dated the same as the other agreement which was 5 months prior.

If you need to me to clarify just ask because it is a bit confusing and maybe I need to load both contracts and expand a bit more

Thanks for the question

[exasperated]

To clear this up a little I have uploaded the other document discussed in this thread. The loan was taken out or agreed on in Feb 2003 but you will note from the dates on the document these are sept 2002(under my name) which I did not put in and OCT 2002 under the first plus represenative which again could not have been done at the time because it was not until 5 months after that we applied for the loan.

Does this mean that this CCA is unenforceable and is it legal to input dates well after the original date probably to 'shore up' the court case.

Your comments would be very much appreciated

Regards

[MARTIN3030]

This is a bit confusing to put it mildly.

I see Cebrusalert is helping you-will leave you in their capable hands,since questions were asked there.

[citizenB]

TBH, this is really confusing. You have two loan agreements.

 

The 2nd one you say is dated and signed before you even applied for the loan.

 

Do you have evidence of this. If so, then the agreement form shown cannot be valid.

[exasperated]

Hi Citizenb

Yes I do have proof please see the letter below, obviously I have had to remove all details but can assure you it relates to the same agreement. I have to be careful on this one as I am afraid to provoke them and then they go to court for a forced sale as they already have a CO on one account..

Have a look and kindly let me know your thoughts

[citizenB]

Are the prescribed terms present ?, check it out with the information in the first post on the following thread.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

HTH

[exasperated]

Hi citizenb

Yes it looks like the agreement has those, but what are the consequences for First Plus if they have dated and signed the document incorrectly. I seem to remember reading a thread where both consumer and creditor have sign the agreement for it to be enforceable. It appears here that in haste to prepare court documents thay have noticed that it was not signed or dated by them or dated by myself and then entered the incorrect information.

I would like your thoughts on that as it now seems that this agreement has this fault only

exasp

[exasperated]

bump

[Sunshine54]

morning exasperated

this is interesting but I can't offer advice I'm afraid as I'm a bit of a novice myself.

 

Is the agreement number exactly the same on the letter and the supposed agreement?

[citizenB]

Hi citizenb

Yes it looks like the agreement has those, but what are the consequences for First Plus if they have dated and signed the document incorrectly. I seem to remember reading a thread where both consumer and creditor have sign the agreement for it to be enforceable. It appears here that in haste to prepare court documents thay have noticed that it was not signed or dated by them or dated by myself and then entered the incorrect information.

I would like your thoughts on that as it now seems that this agreement has this fault only

exasp

 

 

IMHO, if the document is signed and dated on a date prior to your having even explored the possibility of a loan with the company, then it cannot be valid. But that is my opinion only.