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

[42man]

You really should get some help on this...I know a number of people took a group action against First Plus....

[exasperated]

Hi 42,

Thanks for those kind words, I have started a new thread:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/230353-fp-settlement-figure-read.html

I have two problems with the solicitor

1) The timescales involved

2) Don't really know anyone with the required experience who could help.

 

Absolutely anything you can suggest would be greatly appreciated 42

Exasp

[42man]

Exasp....if the house sale doesn't go through then, i'd certainly go for a claim in the court (I presume you have got a recent SAR)....if not then let the sale go through then hammer them after !!

[exasperated]

Hi 42,

I will spend as much time as it takes, however long, to subtract anything I can within the law from these vultures.

I appreciate yours and anyone else's comments to help me do that.

Sincere thanks for your reply which brought some hope to this devastating reply

Exasp

[MAGDA]

Try to keep your chin up Exasp, I know it isn't easy - these companies are absolutely disgusting and shouldn't be allowed to get away with this. But, as 42 man says, see what happens with the house sale and either way, you might still get the better of them yet!

 

Haven't read your whole thread you have linked, but will have a read of it tomorrow anyway.

 

Best wishes - try not to let them get you down.

Magda

[dx100uk]

well i think its time for action rather than talking or writing here.

 

does the judgement on the CCJ say anything about interrest?

 

if it don't them you have them on that too & can reclaim it along with all the unlawful charges you must have.

 

if the ccj says nothing about interst then they can only take what is outstanding [not paid yet] from the CCJ [judgement figure]

 

i think thats correct.

 

not really my game

 

dx

[postggj]

May I Ask Why The Agreement Says Replacement

 

Is It Poss To Repost With Just The Figures Inserted

[exasperated]

Hi Post,

The full story in brief is that we ordered windows for a house I shared with my wife, we then separated and I moved to another house which I purchased solely and bought further windows. Things changed due to certain matters and we ended up with four agreements for the two loans. That is where the replacement comes in.

This was discussed in a much longer thread which I will supply if you want but I confused myself because I was not aware they had four agreements as it only came to light under further investigation.

Thanks for your interest

Exasp

Here is the replacement agreement with the figures in...

 

 

 

 

 

 

[exasperated]

Hi DX,

Take on board you point that it is time for action, but the reason I post on here is that I am embarrassed to admit that I am uneducated in Consumer law. Therefore I have to post for advice on what to do as getting even with these vultures has taken priority.

Thanks for yor comments

Exasp

[42man]

Apart from any other issues, and in my opinion this figure would not be allowed to get through a judge on unfair terms. It seems very extortionate, I really can't see a judge allowing this to be enforced, I think you need to get the FSA / FOS involved... - have a read

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/230455-new-argument-unenforceability.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/204549-paragon-home-visit.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/198448-finally-closing-paragon-2009-a.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/200837-out-letter-paragon.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/204563-european-court-ruling.html

[42man]

I really think you should get it set aside....and challenge, especially so in the light of the GMAC case...

[MAGDA]

Why were there originally 4 agreements Exasp, it seems you would probably have some ammunition to fire if you delve into this as well as the DN issue?

 

Magda

[exasperated]

Hi Magda,

The agreements are in order with the invoices supplied from Everest. The DN is defective but my problem is that if my house sale goes through the reasons for us to sell are scuppered because these vultures will take a large lump.

It looks like it will have to be that way as I won't have time for a set aside as we are expecting (subject to survey) to exchange this month.

As 42 said I am going to 'hammer' them after.

Thanks for your comments Magda

Exasp

[exasperated]

I really think you should get it set aside....and challenge, especially so in the light of the GMAC case...

 

Hi 42,

I have read all the info you sent and I cannot believe the number of people who have been put in the same situation as me by these companies.

As the old saying goes 'at least Dick Turpin wore a mask'

I would like to investigate further the unfair charges route and subsequent restitutionary damages if any but I must say I really don't know anything about reclaiming them or how it works.

 

I have some questions for you if you don't mind

• What is the Gmac case
  
• What is an unfair relationship test
  

Here is a copy of the CCJ, you will note that it is a fixed sum so from the information you supplied they won't be getting any more than that Judgement.

 

[42man]

GMAC vs FSA (Google those letters)

[the_shadow]

Err that CCJ states the payment to be made forthwith i.e. full amount payable within 14 days, and yet you have been paying reduced repayments against this? Is this correct?

 

 

S.

[exasperated]

Hi Shadow,

Thats how they got the charging order I think that followed but in esscence yes that is correct

Thanks for enquiry

Exasp

[exasperated]

GMAC vs FSA (Google those letters)

 

Thanks 42

Exasp

[the_shadow]

Hi Shadow,

Thats how they got the charging order I think that followed but in esscence yes that is correct

Thanks for enquiry

Exasp

 

Yes of course it is... sorry had my Wurzel thick head on there.

 

The judgment clearly has no interest mentioned as its a forthwith order and thus wouldnt attract interest, did you have anything regarding the charging order? Was this through the courts or did you agree a voluntary charge?

 

S.

[exasperated]

Hi Shadow,

No I fought it personally but had only been a member of CAG for a few days so went to the hearing under my own steam. I have quoted this before but the first thing out of the judges mouth was 'do you owe this money' to which I replied yes but, no buts he said and granted them the order.

At that time they had supplied me with no paperwork and although that has surfaced since the fact was at that time they should not have allowed it.

It still rings in my ear every day that judges comments:-x

Thanks

Exasp

[the_shadow]

Hi Shadow,

No I fought it personally but had only been a member of CAG for a few days so went to the hearing under my own steam. I have quoted this before but the first thing out of the judges mouth was 'do you owe this money' to which I replied yes but, no buts he said and granted them the order.

At that time they had supplied me with no paperwork and although that has surfaced since the fact was at that time they should not have allowed it.

It still rings in my ear every day that judges comments:-x

Thanks

Exasp

 

Ok, do you have the judgment from that charging order hearing as you've posted the original judgment in default from the original trial, just want to see if interest is mentioned on the charger order judgment.

 

S.

[exasperated]

Hi Shadow,

My heart sank when I read the the Final CO below coz that dirty b judge gave them all future interest now I am totally shafted

 

[exasperated]

Hi All,

Just spoke to the 'boss' and after a severe bout of tears it appears we are in a proper dilemma as it maybe that the house sale may have to be put on hold. This leaves us in the unbearable position we are in without any escape.

Therefore my question is does anyone know a way of negiotiating a better F&F from these people bearing in mind the timescales involved? thus enabling the sale to go ahead

Whatever is reduced from this F&F via a suggestion from this site, a good portion will be given back to this site to enable others to benefit and hopefully not suffer as we have done (subject to the house sale)

Any posts are sincerely appreciated as usual

Exasp

Edited November 5, 2009 by exasperated

[exasperated]

Hi,

Anyone know any tactic to obtain a reduced F&F??

They have a Charging Order and enforceable agreement!!

Exasp

[MAGDA]

Hi Exasp, hopefully you will get some other comments as well, but to be honest, if you aren't going ahead with the house sale, you are probably better going for the set aside, depending on how strong a case you have. I can't see why they would agree to a full and final as they have a charge on your property and therefore stand to get back the full amount they want, if not challenged. Don't mean to be doom and gloom, just these companies are not out to do anyone any favours. I think they are usually keener to go for full and final when they know they have an unenforceable agreement and hope to recover something back rather than get nothing at all.

 

Sorry can't be any more help, I know it must be really difficult at the moment trying to decide what to do next.

 

Magda