Firstplus/Eversheds - going for repo again - help

[2me2u2]

Hello Everyone,

my history is in these threads:

http://www.consumeractiongroup.co.uk/forum/showthread.php?431538-First-Plus-Mortgage-**PPI-WON**

http://www.consumeractiongroup.co.uk/forum/showthread.php?431539-First-Plus-going-for-repo-**WON**

 

Well I am back again and i need some advice and someone who can work out the payments that I have made.

 

One again I find that I am being harassed into going to court but

this time I am stronger and willing to put the fight in for all those poor souls

who have had their life ripped apart by these sharks in the financial community.

 

I have asked them continually to inform me of the interest rate I am on.

 

I find that the PPI is still being included with in my loan.

 

They have lodged a default on my account despite the fact that I have being paying by standing order every month.

 

this looks like I have failed to pay.

 

I am now trying to get another mortgage and I cant because of this unfair penalisation.

 

I really want/need to fight this battle and I am prepared to put my all in sorting this dreading situation.

 

2me2u2

[2me2u2]

The events of this case are as follows are:

 

7th November 2004 I took out the loan with First Plus for £21,000 and

was told upon inception of the loan that I could not have the loan unless

I took out payment protection insurance for the sum of £4,185.30 thus totalling the full loan to £25,185.30.

 

25th August 09, I sent a letter to First Plus asking for the contributions for the payment protection insurance

to be reimbursed as they were wrongly applied to my account.

 

11th October 09, I filed a complaint with the Financial Ombudsman.

 

24th November 09, I received a letter from First Plus stating that they were upholding my complaint

and a full refund of £4,185.30 would be applied to my account

(I would now owe £21,000 as it was taken off the full loan amount).

This was signed and sent back to them.

 

16th December 09, I received a letter from First Plus stating that not only would they be refunding the initial amount

of £4,185.30 they would be also pay the interest that had been applied to my account the sum of £1,959.69.

This was broken down in terms of £1,058.67 for the arrears that were on the account and a premium to be paid to me

for the sum of £855.26, which was paid via a cheque.

 

18th December 09, I received a letter stating that my new repayments were £195.05

 

24 January 10, I wrote to first plus and asked for a settlement balance to ensure that the £4,185.30 had been written off my account.

I also disputed the amount to be paid in light of the fact that this sizable amount had been removed of the initial loan

, to this date I have yet to receive any confirmation of this

[2me2u2]

To give a brief overview of where I am up with these sharks is difficult so I will outline each issue with bullet points.

 

• 7th November 2004 I took out the loan with First Plus for £21,000 and was told upon inception of the loan

that I could not have the loan unless I took out payment protection insurance for the sum of £4,185.30

thus totalling the full loan to £25,185.30. 16th December 09,

 

 

I received a letter from First Plus stating that not only would they be refunding the initial amount of £4,185.30

they would be also pay the interest that had been applied to my account the sum of £1,959.69.

This was broken down in terms of £1,058.67 for the arrears that were on the account and a premium to be paid

to me for the sum of £855.26, which was paid via a cheque.

 

• So I foolishly believed that that was the end of the matter

 

 

however, recently they have had cause to write to me and they still maintain that the loan was for £25,185,

£21,000 and £4,185 from the PPI surely all new correspondence should be noted without the PPI.

 

• My house was subject to a suspended repossession order and has been paying £196 per month contractual payments

and £54 off the arrears every month and the arrears do not seem to be decreasing.

 

 

I had reason to reduce the arrears payment to £34 per month as my circumstances have changed

and now they are taking me to court. The arrears being £1718.23 so they allege on the 27th May 2014.

 

• They filed a default on my account in 2010 and because they were taking what they wanted from my bank

I arranged to pay via standing order. On my credit file they have put failed payments since the default so it looks like I am not paying.

 

 

I have requested several times that they rectify my credit account with Experian and Equifax,

but they have repeatedly stated that because the account is in default they won’t record the payments

I have made this means that I can’t get a re-mortgage despite having £40,000 equity in my property.

I want the re-mortgage to get rid of them.

 

• I have asked countless time for them to tell me what is the interest rate on my account and they will not tell me.

I do know the payments have not gone up or down despite having stopped the PPI payments.

I have looked through the paperwork sent to me (I paid the £10 and received all documentation on my account)

and that states that the payment states I should be paying £166 per month.

[2me2u2]

Please can someone help me?

 

I really want to fight this battle but I need some help.

 

Eversheds have sent me a repossession date the 8th September 2014.

 

Do I fill in my N11???? form to file my defence?

 

Thanking you in advance

 

Desperate needing help 2me

[2me2u2]

I took out a loan for £21k and they added £4185 to the loan for PPI

 

I challenged the PPI and they refunded the insurance,

I didn’t receive the money it was supposedly taken of the account.

 

as the loan was under £25k

where do I stand in relation to the CCA as I still have the original sheet.

 

The loan agreement states it is a Credit Agreement (Incorporating Legal Charge)

Amount of Advance: £21k

'Optional Payment Protection Premium' £4,185.30

Total Loan £25k

 

If the loan is under £25k is the legal charge enforceable?

 

I was told that I would have to secure the loan on my property because of the amount.

 

I applied for a SAR twice once in 2009 and again this year and

surprise surprise they have not sent all the stuff.

They did not even include the initial phone call which does not surprise me.

 

The initial schedule stated that the loan was at a Monthly interest rate 0.716% APR 8.9%

and it would seem by working out the payments that I am now paying 11%

they have increased this without giving me any notice at all,

How can they be allowed to legally do this?

 

They have pulled a number of strokes and I have filed a complaint against them with the FOS

but I know it’s a very long wait.

 

Are there any other people who I can file this complaint with??

[citizenB]

Right, so they refunded the mis sold PPI back to the account - have you checked for sure that you are still not making any PPI payments .

 

When refunding PPI on an active account, they are, in theory, supposed to rewrite the contract without the PPI

 

I would say yes, the charge is still enforceable, even though the loan without PPI is under £25,000.

 

They are legally obliged to send you notice of any increase in interest rates.

 

If you do not think they have sent all the data in respect of your SAR - then in the first instance, you should write to them and ask for the information you believe to be missing - if they still dont comply then you would need to escalate yoru complaint to the Information Commissioner - the FOS does not deal with the data protection issues.

 

You can copy your complaint to the Financial Conduct Authority - (FCA) but they wont deal with individual complaints, they just compile information / complaints in the event they do take action at some stage.

[BRIGADIER2JCS]

I took out a loan for £21,000 and they added £4185 to the loan for PPI I challenged the PPI and they refunded the insurance, I didn’t receive the money it was supposedly taken of the account. So as the loan was under £25,000 where do I stand in relation to the CCA as I still have the original sheet.

The loan agreement states it is a Credit Agreement (Incorporating Legal Charge)

Amount of Advance: £21,000

'Optional Payment Protection Premium' £4,185.30

Total Loan £25,000

If the loan is under £25,000 is the legal charge enforceable?

I was told that I would have to secure the loan on my property because of the amount.

I applied for a SAR twice once in 2009 and again this year and surprise surprise they have not sent all the stuff. They did not even include the initial phone call which does not surprise me.

 

The initial schedule stated that the loan was at a Monthly interest rate 0.716% APR 8.9% and it would seem by working out the payments that I am now paying 11% they have increased this without giving me any notice at all, How can they be allowed to legally do this?

They have pulled a number of strokes and I have filed a complaint against

 

 

them with the FOS but I know it’s a very long wait. Are there any other people who I can file this complaint with??

 

 

Hi Sorry you have had no response.

 

 

Can you tell us who the loan is with?

Did you make the complaint as a "Formal Complaint" which would ensure an investigation and a response within 56 days?

 

 

Personally I would ask once more for ALL the data the company holds be Specific on the important documents.

If they fail this time report the matter to the ICO.

 

 

 

 

Ooops post crossed, apologies CB.

[2me2u2]

Thank you both this is such a desperate situation but I need to sort this mess out as they are determined to take my house.

 

1. They did not send me a new contract despite me asking two or three times a year, since 2010.

 

2. They sent some of the paperwork and in that I find that I have made two requests for SAR and paid twice and still they have not sent me all the paperwork.

 

3. The loan is with first plus

 

4. They have never informed me on the interest rate except at the beginning and it was 8.9 APR 8.9 AIR and .716 AIR

 

5. They still do all their calculations on £25,185 this being £21,000 for the loan and it was £4,815 ppi.

 

6. Loan was supposed to be £161.08 per month and £33.97 for the PPI and the has never changed despite having claimed the PPI back.

 

7. They say it is CCA regulated.

 

8. They state that the early settlement figure is £21,780

[2me2u2]

This is what I have paid so far:-

 

1 Jan-05 £222.15 £186.79 £35.36 £25,149.64

2 Feb-05 £204.36 £186.53 £17.83 £25,131.81

3 Mar-05 £204.36 £186.39 £17.97 £25,113.84

4 Apr-05 £204.36 £186.26 £18.10 £25,095.74

5 May-05 £204.36 £186.13 £18.23 £25,077.51

6 Jun-05 £204.36 £185.99 £18.37 £25,059.14

7 Jul-05 £204.36 £185.86 £18.50 £25,040.64

8 Aug-05 £204.36 £185.72 £18.64 £25,022.00

9 Sep-05 £204.36 £185.58 £18.78 £25,003.22

10 Oct-05 £204.36 £185.44 £18.92 £24,984.30

11 Nov-05 £204.36 £185.30 £19.06 £24,965.24

12 Dec-05 £204.36 £185.16 £19.20 £24,946.04

13 Jan-06 £204.36 £185.02 £19.34 £24,926.70

14 Feb-06 £204.36 £184.87 £19.49 £24,907.21

15 Mar-06 £207.18 £184.73 £22.45 £24,884.76

16 Apr-06 £207.18 £184.56 £22.62 £24,862.14

17 May-06 £207.18 £184.39 £22.79 £24,839.35

18 Jun-06 £207.18 £184.23 £22.95 £24,816.40

19 Jul-06 £207.18 £184.05 £23.13 £24,793.27

20 Aug-06 £310.77 £183.88 £126.89 £24,666.38

21 Sep-06 £208.44 £182.94 £25.50 £24,640.88

22 Oct-06 £208.44 £182.75 £25.69 £24,615.19

23 Nov-06 £0.00 £182.56 -£182.56 £24,797.75

24 Dec-06 £216.76 £183.92 £32.84 £24,764.91

25 Jan-07 £216.76 £183.67 £33.09 £24,731.82

26 Feb-07 £216.76 £183.43 £33.33 £24,698.49

27 Mar-07 £221.41 £183.18 £38.23 £24,660.26

28 Apr-07 £221.41 £182.90 £38.51 £24,621.75

29 May-07 £229.05 £182.61 £46.44 £24,575.31

30 Jun-07 £229.05 £182.27 £46.78 £24,528.53

31 Jul-07 £229.05 £181.92 £47.13 £24,481.40

32 Aug-07 £235.71 £181.57 £54.14 £24,427.26

33 Sep-07 £235.71 £181.17 £54.54 £24,372.72

34 Oct-07 £235.71 £180.76 £54.95 £24,317.77

35 Nov-07 £235.71 £180.36 £55.35 £24,262.42

36 Dec-07 £235.71 £179.95 £55.76 £24,206.66

37 Jan-08 £235.71 £179.53 £56.18 £24,150.48

38 Feb-08 £240.51 £179.12 £61.39 £24,089.09

39 Mar-08 £240.51 £178.66 £61.85 £24,027.24

40 Apr-08 £223.39 £178.20 £45.19 £23,982.05

41 May-08 £223.39 £177.87 £45.52 £23,936.53

42 Jun-08 £230.98 £177.53 £53.45 £23,883.08

43 Jul-08 £230.98 £177.13 £53.85 £23,829.23

44 Aug-08 £230.98 £176.73 £54.25 £23,774.98

45 Sep-08 £235.63 £176.33 £59.30 £23,715.68

46 Oct-08 £235.63 £175.89 £59.74 £23,655.94

47 Nov-08 £235.63 £175.45 £60.18 £23,595.76

48 Dec-08 £235.63 £175.00 £60.63 £23,535.13

49 Jan-09 £235.63 £174.55 £61.08 £23,474.05

50 Feb-09 £0.00 £174.10 -£174.10 £23,648.15

51 Mar-09 £0.00 £175.39 -£175.39 £23,823.54

52 Apr-09 £314.00 £176.69 £137.31 £23,686.23

53 May-09 £314.00 £175.67 £138.33 £23,547.90

54 Jun-09 £0.00 £174.65 -£174.65 £23,722.55

55 Jul-09 £40.00 £175.94 -£135.94 £23,858.49

56 Aug-09 £314.00 £176.95 £137.05 £23,721.44

57 Sep-09 £275.63 £175.93 £99.70 £23,621.74

58 Oct-09 £315.63 £175.19 £140.44 £23,481.30

59 Nov-09 £0.00 £174.15 -£174.15 £23,655.45

60 Dec-09 £6,144.99 £175.44 £5,969.55 £17,685.90

61 Jan-10 £0.00 £131.17 -£131.17 £17,817.07

62 Feb-10 £0.00 £132.14 -£132.14 £17,949.21

63 Mar-10 £205.05 £133.12 £71.93 £17,877.28

64 Apr-10 £0.00 £132.59 -£132.59 £18,009.87

65 May-10 £210.00 £133.57 £76.43 £17,933.44

66 Jun-10 £210.00 £133.01 £76.99 £17,856.45

67 Jul-10 £0.00 £132.44 -£132.44 £17,988.89

68 Aug-10 £210.00 £133.42 £76.58 £17,912.31

69 Sep-10 £0.00 £132.85 -£132.85 £18,045.16

70 Oct-10 £0.00 £133.83 -£133.83 £18,178.99

71 Nov-10 £210.00 £134.83 £75.17 £18,103.82

72 Dec-10 £210.00 £134.27 £75.73 £18,028.09

73 Jan-11 £210.00 £133.71 £76.29 £17,951.80

74 Feb-11 £210.00 £133.14 £76.86 £17,874.94

75 Mar-11 £210.00 £132.57 £77.43 £17,797.51

76 Apr-11 £210.00 £132.00 £78.00 £17,719.51

77 May-11 £210.00 £131.42 £78.58 £17,640.93

78 Jun-11 £210.00 £130.84 £79.16 £17,561.77

79 Jul-11 £210.00 £130.25 £79.75 £17,482.02

80 Aug-11 £210.00 £129.66 £80.34 £17,401.68

81 Sep-11 £210.00 £129.06 £80.94 £17,320.74

82 Oct-11 £210.00 £128.46 £81.54 £17,239.20

83 Nov-11 £210.00 £127.86 £82.14 £17,157.06

84 Dec-11 £210.00 £127.25 £82.75 £17,074.31

85 Jan-12 £210.00 £126.63 £83.37 £16,990.94

86 Feb-12 £210.00 £126.02 £83.98 £16,906.96

87 Mar-12 £210.00 £125.39 £84.61 £16,822.35

88 Apr-12 £210.00 £124.77 £85.23 £16,737.12

89 May-12 £210.00 £124.13 £85.87 £16,651.25

90 Jun-12 £210.00 £123.50 £86.50 £16,564.75

91 Jul-12 £210.00 £122.86 £87.14 £16,477.61

92 Aug-12 £210.00 £122.21 £87.79 £16,389.82

93 Sep-12 £0.00 £121.56 -£121.56 £16,511.38

94 Oct-12 £0.00 £122.46 -£122.46 £16,633.84

95 Nov-12 £420.00 £123.37 £296.63 £16,337.21

96 Dec-12 £0.00 £121.17 -£121.17 £16,458.38

97 Jan-13 £0.00 £122.07 -£122.07 £16,580.45

98 Feb-13 £0.00 £122.97 -£122.97 £16,703.42

99 Mar-13 £0.00 £123.88 -£123.88 £16,827.30

100 Apr-13 £0.00 £124.80 -£124.80 £16,952.10

101 May-13 £0.00 £125.73 -£125.73 £17,077.83

102 Jun-13 £250.00 £126.66 £123.34 £16,954.49

103 Jul-13 £250.00 £125.75 £124.25 £16,830.24

104 Aug-13 £250.00 £124.82 £125.18 £16,705.06

105 Sep-13 £250.00 £123.90 £126.10 £16,578.96

106 Oct-13 £250.00 £122.96 £127.04 £16,451.92

107 Nov-13 £250.00 £122.02 £127.98 £16,323.94

108 Dec-13 £250.00 £121.07 £128.93 £16,195.01

109 Jan-14 £250.00 £120.11 £129.89 £16,065.12

110 Feb-14 £250.00 £119.15 £130.85 £15,934.27

111 Mar-14 £250.00 £118.18 £131.82 £15,802.45

112 Apr-14 £250.00 £117.20 £132.80 £15,669.65

113 May-14 £230.00 £116.22 £113.78 £15,555.87

114 Jun-14 £230.00 £115.37 £114.63 £15,441.24

115 Jul-14 £230.00 £114.52 £115.48 £15,325.76

116 Aug-14 £230.00 £113.67 £116.33 £15,209.43

 

They state that the arrears as of 17/03/2014 were 1863.08 the calculations dont add up to me.

 

Thank you in advance

 

2me2u

[BRIGADIER2JCS]

As Citizen B said, Write and demand the " missing data" be specific this time for what you need.

Thee are two amounts shown for each date, does this represent the contractual payment and PPI? If so this is totally wrong.

I think a formal complaint which will ensure a full investigation and a final response is the way to proceed along with getting the SAR data.

[2me2u2]

As Citizen B said, Write and demand the " missing data" be specific this time for what you need.

Thee are two amounts shown for each date, does this represent the contractual payment and PPI? If so this is totally wrong.

I think a formal complaint which will ensure a full investigation and a final response is the way to proceed along with getting the SAR data.

 

 

The first payment is my monthly payment then the interest column and then the principal payment which is the amount off the areas.

 

Thank you so much for your help on this I am due in court on the 8th sept regarding this based upon them wanting to get possession of my house.

 

I will mention on my n11 about the two requests for info and there ducking and diving. The reason for taking me to court is because I have decreased my arrears payment by £20 so I am now paying £230 instead of £250 due to losing my overtime at work.

[ims21]

Whoa hold on a minute.

 

So this is the subject of court proceedings.

 

What type of proceeding....county court claim or repossession claim?

 

I assume this is a secured loan but not the main mortgage. If it is a second loan then who is the main mortgage company?

 

Can you give us more details of the court proceedings you are facing please?

 

What do you feel is missing from your SAR request?

 

In your first post you say that the PPI was supposedly taken off the account....was it or wasn't it?

 

Have you got the letter of offer for the PPI refund and if so what figures does it contain i.e. premiums paid, interest paid and any 8% compensatory interest?

 

I think we need more details on the circumstances that have resulted in these proceedings. We can then get the legal guys and possibly the home repo guys involved in your thread but please give as much detail on the history of this situation as possible.

[2me2u2]

Hi there thank you for responding to my post.

 

 

I will give a brief overview and fill in the detail tomorrow as I am doing this on my phone.

 

 

It is at County court on the 8th sept for a repossession claim.

 

 

This is their third time at going for this.

 

 

The first time they lost because they failed to disclose that the account was in dispute.

 

 

The second time was the failed was because I had continued pay my contractual payment and a sum off the arrears.

 

 

This time it is because I have reduced my arrears payment from £250 to £230.

 

 

In the court letter they are saying I have not paid since March 2014, but I have, and I have proof via bank statements

 

and I It a secured loan against my home. that continues to be problematic. My main one is with Halifax building society.

 

I claimed PPI back in march 2010 and you will see that they did refund in 2010.

 

The loan was for £21,000 and PPI was for £4185.

 

 

But this was written of the loan the interest on the 4815 was taken in terms of arrears payment. I say supposedly because the figures don't add up.

 

And my payments were not scaled down when the PPI came to light.

I do have the letter but like I said it does not appear right.

They broke the contractual payment down as follows.

 

Loan was supposed to be £161.08 per month and £33.97 for the PPI and the payments have never changed as you can see this from the figures above.

 

They still do all their calculations on £25,185 this being £21,000 for the loan and it was £4,815 PPI.

 

I will scan some of the documents in so to can see them.

 

The initial call was not included in the SAR request.

I have asked repeatedly for the interest rate I am paying because I have not been informed of any changes

to my account ie interest rates, at inception it was 8.9 now I have no idea.

. I have asked for a list of charges they have implemend ignored my request.

[caro]

The first payment is my monthly payment then the interest column and then the principal payment which is the amount off the areas.

 

Thank you so much for your help on this I am due in court on the 8th sept regarding this based upon them wanting to get possession of my house.

 

I will mention on my n11 about the two requests for info and there ducking and diving. The reason for taking me to court is because I have decreased my arrears payment by £20 so I am now paying £230 instead of £250 due to losing my overtime at work.

 

Had the arrears payment of £250 been ordered by the court? If so you should really have applied to the court for permission to reduce them.

 

That said, I can't see you being repossessed while £230 a month is coming off the arrears!!

 

How long is left on the loan?

Edited August 26, 2014 by caro

[Ell-enn]

Have you completed the N11M yet? if not - you can just do a statement and budget sheet and hand in to the court. Did you write to FP telling them you were going to reduce the arrears payment due to loss of overtime?

 

How much have you reduced the arrears by since the first court hearing ?

[2me2u2]

Had the arrears payment of £250 been ordered by the court? If so you should really have applied to the court for permission to reduce them.

 

That said, I can't see you being repossessed while £230 a month is coming off the arrears!!

 

How long is left on the loan?

 

Oh no!!!! The agreement was made in court. And I didn't tell them I was reducing it.

 

It's not £230 off the arrears it's £39 off the arrears and £191 contractual payment. It was £59 off the arrears but I reduced it. I reduced it in April so I have made 4 payments at £230 instead of £250. I have just received some money from something else should I pay the £80 and bring the account in line?

 

I have 10 years left on the loan. Gutted.

[2me2u2]

Have you completed the N11M yet? if not - you can just do a statement and budget sheet and hand in to the court. Did you write to FP telling them you were going to reduce the arrears payment due to loss of overtime?

 

How much have you reduced the arrears by since the first court hearing ?

 

I did write to first plus and tell them that I had to reduce the amount, but surprise surprise a copy of that letter was not in the SAR pack!

 

Since the first time I have been to court in 2011 I missed a few payments that's how I came to the agreement of £250 per month the arrears do not seem to be decreasing.

 

As the court date is on the 8th September do I still have time to file a N11 as I would like to address the fact that my payments have not changed despite the fact that the PPI had been refunded.

 

And the lack of info on the interest rates.

And the fact that the are saying I have not paid since May?

 

2me

[2me2u2]

Thank you so much for your help 3 heads are better than one. I am not gonna lie these people are sharks and they have made me very ill so much so I am on antidepressants.

 

I have put the figures above in various calculation sheets and it all does not add up. No matter how many time I add it up.

 

Once again thank you.

[Ell-enn]

Have you got a copy of the letter you sent them about having to reduce your payments ?

 

what were the arrears (total missed payments) at the time of the court hearing in 2011? and what is the figure now ?

[2me2u2]

Have you got a copy of the letter you sent them about having to reduce your payments ?

 

what were the arrears (total missed payments) at the time of the court hearing in 2011? and what is the figure now ?

 

Looking through the figures its not good since court in 2011 I have missed 8 Payments and because of this I agreed to pay £250 per month which was a contractual payment of £191.00 (which I am questioning because it should not be this amount per month the contract states Loan was supposed to be £161.08 per month and £33.97 for the PPI and the payments have never changed as you can see this from the figures above.) and the remaining £59 is off the arrears.

 

The arrears then were £1289 and now they are £1835.

 

Surely the extra that I have been paying them in view of the ppi should have come off the overall amount?

 

I feel as if I am fighting a losing battle, I know I messed up by missing those payments but I have paid every month since June last year. And I know that I don't deserve any help as I have already had help on this matter but any advice would be gratefully appreciated.

 

Thank you

 

2me2u

[2me2u2]

Have you got a copy of the letter you sent them about having to reduce your payments ?

 

what were the arrears (total missed payments) at the time of the court hearing in 2011? and what is the figure now ?

 

Oh and I do have a copy of the letter sent which they claim they have not recieved

[2me2u2]

I will try and post the figures paid to date

 

2me2u

[BRIGADIER2JCS]

I will try and post the figures paid to date

 

2me2u

Good morning 2me,

Looking in in response to your PM.

 

 

I can't open the attachment "calculations" unfortunately.

 

 

I have asked those who have been helping you on this thread to look in.

 

 

Please don't stress help is in the way.

 

 

Brig.

[citizenB]

Can you also post up the letter that Ellen asked for

 

Are we up against the clock here ?

[BRIGADIER2JCS]

Can you also post up the letter that Ellen asked for

 

Are we up against the clock here ?

 

 

Thanks for looking in CB.