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

[Worried6]

Hi

 

Could I ask for some help wording a reply to FP Solicitors?

Really appreciate it.

W6

[Ell-enn]

Sorry for delay - I'll get on to it asap.

[Ell-enn]

Sorry for delay - I'll get on to it asap.

[Worried6]

Hi Ell-enn

 

The court date has been set for 30th November.

I haven't responded to the Solicitors last letter but I guess I'd better.

 

They state in one of the documents I received that the reason my offer was rejected was because I was giving preferential treatment to non priority debts i.e. the 2 loans that are up to date.

 

 

Please give me a shout if you can.

 

 

Regards

W6

[Worried6]

Hi Ell-enn

 

The court date has been set for 30th November.

I haven't responded to the Solicitors last letter but I guess I'd better.

 

They state in one of the documents I received that the reason my offer was rejected was because I was giving preferential treatment to non priority debts i.e. the 2 loans that are up to date.

 

 

Please give me a shout if you can.

 

 

Regards

W6

[Surfer01]

I would have thought that mortagage paymentsare more important than loan payments, at least that is what CAB told me. I really hate myself of saying thsi as I am conflict with FP, but their solicitors on this occasion are probably right.

[Surfer01]

I would have thought that mortagage paymentsare more important than loan payments, at least that is what CAB told me. I really hate myself of saying thsi as I am conflict with FP, but their solicitors on this occasion are probably right.

[sillygirl1]

Nope, in this case they are wrong, if you did not continue making those payments the creditors would go for a charging order on the property and scupper First Plus's chance of getting the full amount should a further repossession hearing take place after the charging order is in place.

 

The solicitors are not allowed to guide the court in this respect and are only doing their worst to make you pay more towards their already inflated charges.

 

In the worst case the other creditors could go for a forthwith payment and then enforce it by way of repossession - has been done and can be done.

[sillygirl1]

Nope, in this case they are wrong, if you did not continue making those payments the creditors would go for a charging order on the property and scupper First Plus's chance of getting the full amount should a further repossession hearing take place after the charging order is in place.

 

The solicitors are not allowed to guide the court in this respect and are only doing their worst to make you pay more towards their already inflated charges.

 

In the worst case the other creditors could go for a forthwith payment and then enforce it by way of repossession - has been done and can be done.

[Worried6]

Hi All

 

Thanks for the replies.

This is where I am getting a bit bogged down. The Splicitor's suggested in their last letter that they would accept £125 towards arrears for 2 months 'to give me a chance to negotiate with other lenders' then they would expect my payment to increase to £300 towards arrears an extra £175 per month!

I currently pay £185 to Tesco and £150 to FLM - total £336.54 even if they do negotiate with me I don't see me managing to save £175.

I have just written to both companies to ask for assistance, maybe they will allow a reduction in payments but it wont be permanent and so I'd be in a bad position if I agreed to this arrangment if there is a Suspended Possession Order riding on all of this.

I don't know how to present this credibly.

 

 

W6

[Worried6]

Hi All

 

Thanks for the replies.

This is where I am getting a bit bogged down. The Splicitor's suggested in their last letter that they would accept £125 towards arrears for 2 months 'to give me a chance to negotiate with other lenders' then they would expect my payment to increase to £300 towards arrears an extra £175 per month!

I currently pay £185 to Tesco and £150 to FLM - total £336.54 even if they do negotiate with me I don't see me managing to save £175.

I have just written to both companies to ask for assistance, maybe they will allow a reduction in payments but it wont be permanent and so I'd be in a bad position if I agreed to this arrangment if there is a Suspended Possession Order riding on all of this.

I don't know how to present this credibly.

 

 

W6

[Ell-enn]

I can draft up a defence statement for the hearing if you need help?

[Ell-enn]

I can draft up a defence statement for the hearing if you need help?

[Worried6]

Hi

 

Just got in on after a horrible drive home in the wind & rain. Thanks for coming back and yes I really need help please.

 

W6

[Worried6]

Hi

 

Just got in on after a horrible drive home in the wind & rain. Thanks for coming back and yes I really need help please.

 

W6

[newstarter]

Hi there worried6 i have not been around for a while but have just finished reading this thread in full. I am shocked (although i shouldnt be) that FP,solicitors have requested that you re-negotiate with the two further lenders.Your first offer of 100 plus the normal monthly payment should be enough,ELL EN is right when she says that only a judge can decide what payments are satisfactory not FP,s solicitors these are simple scare tactics to try scare you into increasing your offer.My guess is the judge will accept your offer and remember it could even be less because you can prove you can make the payments going forward,your not in arrears with your mortgage,and you are in full employment,no way can i see a full possession order being granted on a first appearance.I would also hold off from paying the 1000 cash before the hearing,may look better if you mention you can do this in front of the judge.

[newstarter]

Hi there worried6 i have not been around for a while but have just finished reading this thread in full. I am shocked (although i shouldnt be) that FP,solicitors have requested that you re-negotiate with the two further lenders.Your first offer of 100 plus the normal monthly payment should be enough,ELL EN is right when she says that only a judge can decide what payments are satisfactory not FP,s solicitors these are simple scare tactics to try scare you into increasing your offer.My guess is the judge will accept your offer and remember it could even be less because you can prove you can make the payments going forward,your not in arrears with your mortgage,and you are in full employment,no way can i see a full possession order being granted on a first appearance.I would also hold off from paying the 1000 cash before the hearing,may look better if you mention you can do this in front of the judge.

[Ell-enn]

Absolutely agree

 

I can't wait to hear what the judge has to say about FP wanting you to default on other commitments !

[Ell-enn]

Absolutely agree

 

I can't wait to hear what the judge has to say about FP wanting you to default on other commitments !

[newstarter]

Hi ELL-enn,its good to be back to give what help and support i can and when i read threads like this it just spurrs me on,you do a fantastic job by the way.Worried6 keep a cool head and dont let these scare tactics unsettle you,the judge will decdide.

[newstarter]

Hi ELL-enn,its good to be back to give what help and support i can and when i read threads like this it just spurrs me on,you do a fantastic job by the way.Worried6 keep a cool head and dont let these scare tactics unsettle you,the judge will decdide.

[Worried6]

Hi There, just logged on and was so glad to see your replies.

When all the papers arrived the other day my heart just sank and the fear came back. I expect everyone goes through this cycle but today I am so sick I can't see an end to it all.

I still need to write back to these Solicitors to explain why I can't increase my offer and I'd appreciate help with that as well as advice on how to present a defense.

In the copy documents they sent me I noticed an explanation of why FP had rejected my offer and it stated plainly that it was because I had not given the FP debt priority as I should. Its because they have included this in the documents which will go to court that I thought it must be how this works.

 

Please keep in touch and thanks again for all the reassurance which for me at the moment means as much as the 'technical' advice. I need to keep my head as clear as possible and you are helping me do that.

 

W6

[Worried6]

Hi There, just logged on and was so glad to see your replies.

When all the papers arrived the other day my heart just sank and the fear came back. I expect everyone goes through this cycle but today I am so sick I can't see an end to it all.

I still need to write back to these Solicitors to explain why I can't increase my offer and I'd appreciate help with that as well as advice on how to present a defense.

In the copy documents they sent me I noticed an explanation of why FP had rejected my offer and it stated plainly that it was because I had not given the FP debt priority as I should. Its because they have included this in the documents which will go to court that I thought it must be how this works.

 

Please keep in touch and thanks again for all the reassurance which for me at the moment means as much as the 'technical' advice. I need to keep my head as clear as possible and you are helping me do that.

 

W6

[Worried6]

Sorry I meant to ask do you think because the arrears amount is quite large that this will look v bad to the judge maybe that I am irresponsible and just chose not to pay for no good reason.

There was a period that there was no communication between me and FP for my part this was due to a serious family issue when I was involved in fighting to have the full time care of my 18 month old niece who had been taken into care. Priorities changed during that period and thats when I incurred additonal expenses along side my husbands illness and loss of income. Does the judge want to here the whole tale of woe. By the way I achieved the goal and the little girl was placed with me for over a year and has now returned home so at least something ended well.

I am probably getting ahead of myself just these things pop into my head.

[Worried6]

Sorry I meant to ask do you think because the arrears amount is quite large that this will look v bad to the judge maybe that I am irresponsible and just chose not to pay for no good reason.

There was a period that there was no communication between me and FP for my part this was due to a serious family issue when I was involved in fighting to have the full time care of my 18 month old niece who had been taken into care. Priorities changed during that period and thats when I incurred additonal expenses along side my husbands illness and loss of income. Does the judge want to here the whole tale of woe. By the way I achieved the goal and the little girl was placed with me for over a year and has now returned home so at least something ended well.

I am probably getting ahead of myself just these things pop into my head.