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    • You will have to go to court to get an order  and once that is doen then you both have to abide by it. The actual form filling is not complicated and the first court session doesnt actually make any decisions and you will be advised to reach an agreement that can then be set in stone by the court.   the father has a right to "contact", but this is not the same as having the right to demand a particular set of visits, stopovers etc so decide what you want, and how this is practical and then ask that the contact be limited to this. for example if you work your contact will all be gettinmg them up, feeding them, putting them to bed and have no fun time at weekends if has has them then. The courts will do what is in the best interests ogf the child so you need to stop being jealous of their love for their father and dont try and use the system to punish him or the children. If he was abusive or controlling them read up on the serious crimes  act  2015 about controlling and coercive behaviour and see how amny fo the examples fit his behaviour and use that to get the courts to set lterms that  limit that behaviour instead of using the children as the tools.
    • Does anyone know if a person has the right  to use a lay representative in the family division of the county court? the wording of the Lay representatives(right of audience) order 1999 refers to a county court and stage 1 or tier 1 proceedings and Scots law have a form to fill out for such representation but it isnt clear whether the english system has such a clearly defined right of audience. The MoJ mentions it in some discussion papers as though it is hard and fast but in other documents  it is McKenzie Friends who are written about as if they are the only people allowed other than sols/barristers.   reason why lay rep needed is they can speak and the other side cant object where with McKenzie friend they cant speak on behalf of claimant/respondent and the other party can object to that person being present- which will happen  in this particular case. Ultimately it may well be a discretionary power of the judge but dont want to start off with a bad step.
    • It seems as though the solicitoras want to keep hold of this payday and will do anything to churn it ( make money by continuing an action that isnt in the clients interests).   The land registry will have the record of who paid for the property and how so you will be in the clear on that as you didnt just take the place over, you bought it from the estate of the deceased.   now it seems like your mother is struck by regrets/remorse over her inability to take over the property at the time and what tends to happen is that relatives will sit there and say bad things about the person who they see is the beneficiary of their misfortune and then get into a feedback loop, each reinforcing the wrong opinion of the other.   Your attempts to sort things out logically ahs tempered this somewhat so do continue and keep clear of their  lawyers at all costs, they will just keep the meter ticking over and bring the negative thought back to the surface.   your parents will already be about 2 grand a day down on anything the sols have done so try and get them to  look back to the mess that her father's death left them in and amke it clear that at least the house is still in the family and that she has benefitted from that by receiving money at the time that otherwise she wouldnt have got.   If that still causes friction then I would still write to them rather than responding to the solicitor, the lesson they will learn will cost them less and when the sols have moved on to the next client they will have not lost so much of what they still have left.   Ultimately if they do actually issue proceedings you can ask for the claim to be chucked out as having no merit etc by showing how the place was bought. I do struggle to believe that people dont know who their mortgage was with even after all of this time,  same as I find it odd that people suddenly find details for accounts with tens of thousands in that they had forgotten about. You can find out as again it will be in the Land registry entry for most properties that had a mortgage
    • A claim was issued against you on 30/07/2019 Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49 Your acknowledgment of service was received on 01/08/2019 at 08:05:52 Your defence was submitted on 30/08/2019 at 23:17:46 Your defence was received on 02/09/2019 at 01:06:05 DQ sent to you on 27/09/2019 DQ filed by claimant on 27/09/2019 You filed a DQ on 23/10/2019 Your claim was transferred to BIRMINGHAM on 14/11/2019
    • no local courts can be very slow depending upon case loads.   as long as the org claimform had your correct and current address on it, it's just the above.
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Sorry for the title but I've had all I can take from Firstplus and their unprofessional staff now!!!

 

We originally took out a loan in 2008, which was set-up through the now extinct "Loanmakers".

 

We were told we had to have PPI and in our financial situation I couldn't argue it, although I did not want it.

 

The details:

 

Original cash loan amount: £38000

Original PPI loan amount : £5506.20

Original fees amount: £995.00

Original total loan amount: £44501.20

Original loan agreement date: 15/08/2008

Agreed loan term: 25 years and 0 months

 

Annual interest rate was 8.6% and then went up 1% to 9.6% 15/8/2010.

 

My original loan form shows:

 

cash loan £38000 + PPI loan £5506.20 = total of £43506.20

Monthly repayments (x300): £308.17 + ppi £44.66 = £352.83

 

But at 9.6% I pay £380.12 per month.

 

We called Firstplus in 2011 and tried to cancel and reclaim our PPI, they said that even though we pay them the loan was set-up by Loanmakers and not their problem, but if we kept the PPI for the 5 year term we'd get £5506.20 cash back.

 

So, stupidly we did, and now they say that because it's a tailored loan, we do not get the cashback and we never made any calls ever to them!!!! Just as we expected a cheque for £5506!!

 

So, today I called the FSCS, they are sending me out a claim form against loanmakers as they're no longer in business.

 

Have I done the right thing?

 

What happens when it gets sorted/refunded, how do I go about restructuring my loan and repayments with Firstplus when they will not play ball?

 

How much money should I expect back or accept?

 

 

Any help appreciated as I'm in unknown territory here!!!

 

Kind regards

 

Cliff J

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THE FSCS pay out 90% of the value of a claim and will include the premium and some interest.

 

In order to get the loan restructured, the idea would be that you pay any refund into your first plus account as a capital reduction. This means that as the capital balance has reduced, so should your monthly repayments.


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1. Single Premium PPI Q&A Read Here

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3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

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5. Feel Bullied by Creditors or Debt Collectors?

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6. Staying Calm About Debt

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7. Thinking of a Full & Final Settlement?

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So far we've paid approx £3000 of PPI to Firstplus, if we get anything like that back then we could pay that off our balance, But I'll still be paying the loan and interest on £5506.20 PPI for another 20 years? Surely if it was mis-sold it has to stop and completely come out of the equation once paid out?

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With the FSCS you are likely to get the premium of £5,506 plus some interest but adjusted for the 90% rule. You will have to wait and see exactly how they calculate their offer but they are usually pretty good at setting out how the offer is calculated.

 

As I said, if you pay any refund into your FP account and stipulate that it is for a Capital Reduction then the monthly repayments should go down given the reduction in the capital balance. By paying ther refund into the account you will be (as near as is possible) adjusting the future repayments with the PPI removed.

 

Sadly with the FSCS and brokers who are no longer in business you don't get the amount that would have been the case in a standard PPI reclaim.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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Thank you very much for your reply, I understand that now, took a while!!! :-D

 

So if the PPI loan stays on my account for 25 years, am I right to expect compensation for that too?

 

Is there a calculator anywhere to help me work out what I should expect to aid any arguments or queries I might have?

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It is likely that the FSCS will refund the whole amount of the PPI and that will include the bit you haven't paid yet. You will probably get some compensation for the interest you have paid thus far but not all of it (see above).

 

As the whole premium is probably going to refunded the "restructuring" as it were will be down to you. If you pay the refund into the account then the repayments should reduce. If you choose to use any refund for other purposes then your repayments will stay the same.

 

There isn't a calculator here that works out an FSCS based award. What I would do is await their offer and take it from there.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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