Threat of Reposession from First Plus Solicitors **SUSPENDED**

[Worried6]

Ok will do - thanks for coming back again. I see you are v busy.

[Worried6]

Ok will do - thanks for coming back again. I see you are v busy.

[Worried6]

Hi Again

 

Well after a very long 4 weeks I had letters from the Solicitors at the weekend.

They made no comment about my offer of a £1000 lump sum but have rejected my offer of £100 extra payment each month.

They say that:

"With consideration to your Income & Expenditure analysis our client feels that your repayment proposal is not sufficient in the light of the sums afforded to unsecured debts and food budget. Our client feels that a revision of the Income & Expenditure Analysis would enable you to afford the contractual monthly installment plus £300 towards arrears. Were you agreeable to such a repayment plan our client would seek to proceed to secure same with a Suspended Order for Possession. In theevent that you are not agreeable to this proposal and we are not in receipt of a revised Income & Expenditure analysis with a suitable counter offer, we are instructed by our client to proceed to apply for a full Order for Possession against you."

 

I am at a loss - how can I alter the repayments on unsecured debts without also falling into arrears with them. Do they expect me to negotiate with other lenders so I can take their repayment money and send it to them instead.

The food bill I can justify.

 

All input gratelfully received. They haven't plavced a timetable on this but I expect I should respond asap.

 

Regards

W6

[Worried6]

Hi Again

 

Well after a very long 4 weeks I had letters from the Solicitors at the weekend.

They made no comment about my offer of a £1000 lump sum but have rejected my offer of £100 extra payment each month.

They say that:

"With consideration to your Income & Expenditure analysis our client feels that your repayment proposal is not sufficient in the light of the sums afforded to unsecured debts and food budget. Our client feels that a revision of the Income & Expenditure Analysis would enable you to afford the contractual monthly installment plus £300 towards arrears. Were you agreeable to such a repayment plan our client would seek to proceed to secure same with a Suspended Order for Possession. In theevent that you are not agreeable to this proposal and we are not in receipt of a revised Income & Expenditure analysis with a suitable counter offer, we are instructed by our client to proceed to apply for a full Order for Possession against you."

 

I am at a loss - how can I alter the repayments on unsecured debts without also falling into arrears with them. Do they expect me to negotiate with other lenders so I can take their repayment money and send it to them instead.

The food bill I can justify.

 

All input gratelfully received. They haven't plavced a timetable on this but I expect I should respond asap.

 

Regards

W6

[Ell-enn]

Hi there, typical response - you make an offer you can afford - they want more. Personally I'd write back stating that you have no intention of getting into arrears with any other debts and that you will be happy to let a judge decide what is a reasonable payment. If you need help with the letter, please let me know and I'll draft one for you. In the meantime you could make the payment of £1000 you offered, that would look good if it does go to court.

[Ell-enn]

Hi there, typical response - you make an offer you can afford - they want more. Personally I'd write back stating that you have no intention of getting into arrears with any other debts and that you will be happy to let a judge decide what is a reasonable payment. If you need help with the letter, please let me know and I'll draft one for you. In the meantime you could make the payment of £1000 you offered, that would look good if it does go to court.

[Worried6]

Hi Ell-enn

Thanks for coming back to me.

 

I am very afraid about going to court.

Should I send them a review of the I&E at least making it clear that I have looked at the sum allocated to food/running the house (which included provision for unexpected expenses).

I could maybe alter the offer slightly but no way am I able to go from £100 to £300 per month extra.

In your experience is it usual that they would take exception to payments to other debts and expect the customer to re-negotiate these payments?

I have got 2 loans whihc are completely up to date with an unblemished track record and I'd rather keep it that way.

 

I'd appreciate assistance with a draft letter to responde if you have time.

 

All the best

W6

[Worried6]

Hi Ell-enn

Thanks for coming back to me.

 

I am very afraid about going to court.

Should I send them a review of the I&E at least making it clear that I have looked at the sum allocated to food/running the house (which included provision for unexpected expenses).

I could maybe alter the offer slightly but no way am I able to go from £100 to £300 per month extra.

In your experience is it usual that they would take exception to payments to other debts and expect the customer to re-negotiate these payments?

I have got 2 loans whihc are completely up to date with an unblemished track record and I'd rather keep it that way.

 

I'd appreciate assistance with a draft letter to responde if you have time.

 

All the best

W6

[Ell-enn]

Hi there, I'll get back to you later today with a letter to send to them. No way should you offer what they want if you know you won't be able to maintain it - you will just find yourself in the same situation a few months down the line. There is no need to be afraid of attending a hearing at court - it is condicted in a private room with just the judge, youself and the other side's representative - just like a meeting. At least you would be able to put your case across and have the judge decide what is fair payment.

[Ell-enn]

Hi there, I'll get back to you later today with a letter to send to them. No way should you offer what they want if you know you won't be able to maintain it - you will just find yourself in the same situation a few months down the line. There is no need to be afraid of attending a hearing at court - it is condicted in a private room with just the judge, youself and the other side's representative - just like a meeting. At least you would be able to put your case across and have the judge decide what is fair payment.

[Worried6]

Thanks yet again Ell-enn

I'll check in later on to pick up the draft letter.

 

I appreciate the moral support it goes a long way.

 

Regards

W6

[Worried6]

Thanks yet again Ell-enn

I'll check in later on to pick up the draft letter.

 

I appreciate the moral support it goes a long way.

 

Regards

W6

[Ell-enn]

Hi, letter affixed - when you print it out make sure your printer is set for A4 paper (not Letter size) so it all stays on one page. Don't forget to take a copy and send by recorded or special delivery. Also, make sure you print off the signature receipt from the royalmail website a few days after posting - staple to your copy of the letter, we may need to produce that (and your original letter) in your defence statement if it goes to court.

Given that you are telling them you would be happy to let a judge decide - I think they might just accept your offer....

Worried 6 First Plus letter.doc

[Ell-enn]

Hi, letter affixed - when you print it out make sure your printer is set for A4 paper (not Letter size) so it all stays on one page. Don't forget to take a copy and send by recorded or special delivery. Also, make sure you print off the signature receipt from the royalmail website a few days after posting - staple to your copy of the letter, we may need to produce that (and your original letter) in your defence statement if it goes to court.

Given that you are telling them you would be happy to let a judge decide - I think they might just accept your offer....

Worried 6 First Plus letter.doc

[Worried6]

Right got that downloaded and saved.

I'll update this evening and get away by recorded tomorrow.

 

Do you think I should include the £1000 cheque now as a gesture and refer to that in the letter?

The solicitor has asked that all letters are sent to them rather than FirstPlus so I suppose I should send any cheque to them.

 

The reason I am nervous about court is that they state they will go for a full possession order I didn't think that I'd get a chance to discuss a payment proposal if it went that way.

 

Thanks Again

W6

[Worried6]

Right got that downloaded and saved.

I'll update this evening and get away by recorded tomorrow.

 

Do you think I should include the £1000 cheque now as a gesture and refer to that in the letter?

The solicitor has asked that all letters are sent to them rather than FirstPlus so I suppose I should send any cheque to them.

 

The reason I am nervous about court is that they state they will go for a full possession order I didn't think that I'd get a chance to discuss a payment proposal if it went that way.

 

Thanks Again

W6

[Ell-enn]

Please be assured that you will get a chance to discuss a payment proposal in court - no matter what they say. They are trying to scare you by saying they will go for full possession! however it's not up to them - it's up to the judge and as it is the first time this has gone to court you are almost guaranteed that the judge will not let them have possession and will suspend, especially as you have made a proposal and they have refused.

If you send the cheque with the letter you should include the sentence "To show our commitment to reducing the arrears, please find enclosed cheque number XXXX for £1,000"

Underneath your signatures at the bottom of the letter write "Enclosed cheque No XXXX"

Make sure you write your name and address and most importantly your account number, on the back of the cheque. Take a photocopy of both sides of the cheque.

[Ell-enn]

Please be assured that you will get a chance to discuss a payment proposal in court - no matter what they say. They are trying to scare you by saying they will go for full possession! however it's not up to them - it's up to the judge and as it is the first time this has gone to court you are almost guaranteed that the judge will not let them have possession and will suspend, especially as you have made a proposal and they have refused.

If you send the cheque with the letter you should include the sentence "To show our commitment to reducing the arrears, please find enclosed cheque number XXXX for £1,000"

Underneath your signatures at the bottom of the letter write "Enclosed cheque No XXXX"

Make sure you write your name and address and most importantly your account number, on the back of the cheque. Take a photocopy of both sides of the cheque.

[Worried6]

Thanks yet again.

I will insert the comment you suggested. I suppose I'll get used to the tactics eventually.

 

Regards

W6

[Worried6]

Thanks yet again.

I will insert the comment you suggested. I suppose I'll get used to the tactics eventually.

 

Regards

W6

[Worried6]

Hi There

 

I am in bad straits now I think.

I was a little late sending back the letter to the FP Solicitors. Meanwhile it has crossed over with a letter I got on Friday (while I was still in England working)

I don't understand what it is.

The letter is dated 9th September 2010 and states that 'We enclose herewith copy Originating Summons by way of service upon you'.

Attached to the letter is a copy legal document dated 1st September the same date of the letter I got last week rejecting my offer so they must have always decided to go to court. This document states 'Let the Defendant within 14 days after service of this summons on hin, inclusive of day of service, cause an appearnace to be entered to this summons........'

The letter rejecting my offer asked for a response but did not give a time limit on the reply - they have acted within 1 week. They are determined to take my house.

THis is stamped 'Court of Judicature - 8th September 2010' for the High Court of Justice in Northern Ireland Chancery Division.

 

Help Please

 

W6

[Worried6]

Hi There

 

I am in bad straits now I think.

I was a little late sending back the letter to the FP Solicitors. Meanwhile it has crossed over with a letter I got on Friday (while I was still in England working)

I don't understand what it is.

The letter is dated 9th September 2010 and states that 'We enclose herewith copy Originating Summons by way of service upon you'.

Attached to the letter is a copy legal document dated 1st September the same date of the letter I got last week rejecting my offer so they must have always decided to go to court. This document states 'Let the Defendant within 14 days after service of this summons on hin, inclusive of day of service, cause an appearnace to be entered to this summons........'

The letter rejecting my offer asked for a response but did not give a time limit on the reply - they have acted within 1 week. They are determined to take my house.

THis is stamped 'Court of Judicature - 8th September 2010' for the High Court of Justice in Northern Ireland Chancery Division.

 

Help Please

 

W6

[hilaryfrances]

please stop worrying, these people are just bullies, believe me if it does end up in court then the judge will be very sympathetic towards you, you seem to have gone out of your way to find a solution. Ell-en will be along to help you soon I am sure

[hilaryfrances]

please stop worrying, these people are just bullies, believe me if it does end up in court then the judge will be very sympathetic towards you, you seem to have gone out of your way to find a solution. Ell-en will be along to help you soon I am sure

[Worried6]

Thanks for the reassurance and taking time out to get in touch with me.

Hopefully Ell-en will get back soon.

I have sent my letter of response regarding the offer by e mail today and the original by recorded delivery.

I pointed out my frustration at how they have started to bully me.

However the fact is I have still been served with a Summons so I have to take this seriously. I have to enter an appearance but don't know what this means.

 

Yours Very W6