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    • I am financially at  point where I can see the light at the end of the tunnel regarding my debts. I have one remaining and I am interested to see what my options could be. I have be in contact with the Citizen’s Advice Bureau and the National Debt Helpline, but their advice has been a little more generic (but still helpful). This debt is 12 years old and is now owing around £3k. It was a bank loan and has been passed to several creditors over the years. A payment plan has always been in place and is up to date. I get statements every 6 months. There has never been a CCJ. I have been sent the letters advising of change of ownership. Following my own review of my finances, I decided to contact the current creditor to see if they have a copy of the credit agreement. I regarded this as due diligence as the debt has been sold on several times. The creditor updated me several times saying they had requested the document from the original lender. After 12 months of this they wrote to me saying they had not received it but were still waiting and would send it once received. The last letter was over 6 months ago. I then submitted a freedom of information request to the current and original creditor. The original creditor supplied one, but the current one did not include one in the pack they sent me. I went back to them to ask specifically about this as it was what I requested in my request. They replied saying the debt was sold to them as one without the credit agreement and they did not have it. They have requested it above, so I believe that means they cannot obtain it either for the FOI request. I contacted the original creditor and exercised my ‘right to be forgotten’, under the Data Protection Act, which they have complied with. I also got my up to date credit file and this debt is not showing on it with the current creditor or any others. I contacted the creditor and made them an early settlement offer. They do have an early settlement offer in place on their portal, but I was advised to try to get a reduction via negotiation. I have not heard back from them yet, but I understand through a separate upheld compliant it has or will be refused. Due to this complaint and the creditor putting the account on hold I had stopped payments, and advised them of this. To date, they have not contacted me about resuming payments since the complaint is resolved, but it has only been a few weeks. I am annoyed that they were not honest with me about not having the credit agreement, because that is not being transparent and I understood they should tell you if they do not have it.   I have two questions (but am open to anything else anyone would like to add): 1) Based on the above, does anyone think this account enforceable? I do not think it is? 2) Does anyone have any suggestions on how to proceed? I could resume payments and then settle early. If the above had not happened, I may have just done that. Thank you for any help or input anyone can provide. It is appreciated.
    • The main thing is to stop shoplifting because it could be worse next time. If you think you have mental health issues that led you to do this, please go and have a chat with your GP. They won't judge you and should be able to get you help if you need it. HB
    • Yes they have steered clear of referring to a default notice or breach of the agreement.
    • Update - Sent the DQ off, got reply from Court and date set. However, the requirements were as follows; (1) - I am willing to negotiate on the amount of the claim blah blah blah. - Sent reply back, Not willing to negotiate on the claim whereby not received any evidence of such agreement. Words to that effect. (2) - I have enough information about the claim to enter into negotiations..... - Not prepared to enter into negotiations as they haven't sent any information apart from made up documents.  Mediation cancelled. Next step statement, just need to wait to hear from court I assume?
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FirstPlus to Elderbridge


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I took out a secured loan (2nd Mortgage) with FP in 2005 for £55,000 they added PPI £13,469.50.

The grand total = £68,469.50 WOW.

This was a 20 year term to consolidate debts following an extension and a rogue builder.

Looking back I can't believe that I did this but hindsight = 20/20 vision and all that.

 

The house and mortgage is in my name but FirstPlus adviser told me that I stood better chance of getting the loan if my partner was on the loan.

 

I reclaimed the PPI through the FOS in around 2008 and FOS ordered them to restructure the loan and put it back into a position that I would have been without the PPI.

 

In the early days there have been a couple of late payments and a payment holiday which I know would have attracted charges and interest.

 

I went back to FOS and complained that I believed that my partners name should not be on the loan as she was unemployed at the time and has no way of picking up the payments should something happen to me but I was unsuccessful:

a) because I'd left it too long to complain and

b) FP needed to protect their debt and have someone else to go after.

 

I asked for settlement figure recently and have been told that there is 5 years left and £35,000 more to pay???

I think I remember that the total amount paid back was going to be around £80K but again could be wrong.

 

Math's isn't my strong point but I would have paid them at least £120,000 which is a lot more than the principle sum and what I think I was told when taking out the loan.

 

I remember also being told it would be a fixed interest rate.

I can't find the original contract and terms so could be wrong on all counts.

The tapes would be an interesting listen should they provide them.

 

I have done a SAR and I'm waiting for it's arrival but I think that there is something fishy going on.

I also believe that it may have been miss sold due to their 'lies' at the beginning regarding my partner and the PPI.

 

I have searched this and other forums and there are threads that start but there is no conclusion so quite lost as to what I should be looking out for when I receive the paperwork(disc) and any advice would be really useful.

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  • 3 weeks later...

Hi all.

40 days have elapsed and Elderbridge have not responded to my SAR. I paid the fee over the phone and then posted the form which was signed for by them.

 

From reading other post regarding SAR breaches it has been advised to send them a letter giving them a week to comply and then complaining to the ICO, is that correct?

 

Can I check also if the 40 days (pre GDPR) is from when the receive the request.

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We were with the Firstplus con, but luckily paid it off several months ago. They are supposed to send you an annual statement something which we found lacking. Interest goes up but never comes down contrary to what we were told when agreeing to the loan.

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Yes I'm finding these issues out for myself.

They're in breach of my SAR request so just wondering if ringing them to request the statements would be a good idea

 

Just spoken to Elderbridge. They are getting the data team to call me back urgently. I won’t hold my breath!!

 

I requested a statement which she is going t send out. She informed me that the loan is unregulated which is why I’ve never had a statement.

 

The statement will cover the life of the loan but I’m not sure if it’ll have percentage rates on it.

Edited by dx100uk
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Hi all,

 

I've received the statement but no contact or mention regarding the SAR.

 

The account type: Fixed-sum credit agreement

Taken out 16th Sept 2005

Duration: 240 months

Total amount: £68,469.50

Balance: £33,045.45

 

Does not say what the total I have to pay back is????

 

Variable % rate which started at 8.1360 to it's highest in 2008 9.8880 and now sitting at 8.8680

 

I've had a look through and I'm struggling to make sense of it in particularly where they refunded the PPI but the refund cheque was added back to the loan balance.

 

Balance £60,286.76 - Discretionary rebate £12,924.10 = £47,362.66

£47,362.66 + Refund cheque £4,681.86 = £52,,044.52

 

The FOS instructed them to put me in a position that I would have been if I hadn't had the PPI in the first place but they seem to have penalised me. I might be reading it wrong though.

 

I can't see any charges accept an indemnity claim for £509 in 2016 where they again add it to the balance?

 

Does any of the above seem right to any of you that are knowledgable in these things?

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Better you scan up the letters

Read upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It was the biggest mistake of our lives going with Firstplus.

We sold our home to pay off the balance however we still had an outstanding balance of about £5900.

FP would not let us pay a higher amount to pay it off quicker.

 

We tried paying more than the £69.95 a month, but every 6 months or so they would send us a refund cheque.

Eventually after paying nearly £10,000 back on the £5900 balance we had enough money to pay off the balance which was still £2500!

Never felt so ripped off in our lives!

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letters?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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well for starters they cant add their SAR fee to the mortgage.

It is a separate issue but by doing so they are trying to earn interest where it doesnt apply.

 

Did you send the £10 fee with your SAR?

If not why not, they dotn ahve to do anything otherwise.

 

if they told you that you didnt need to ( not all entities charge the fee) then they still cant add it to your mortgage

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send a new one its free now.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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okay will do.

I need to make a complaint about the SAR fee that they've added to the loan which would've added interest to the whole loan.

Is there a way to work out the interest as I don't want them gain from it.

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what happened to the debit card payment?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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naughty

you should have sent a PO really.

 

ok leave it with them don't chargeback

strong complaint forth coming then yes.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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totally up to you if you send a new one.

but oh yes ICO time for sure

 

p'haps that might be the idea place to complain about the £10 too….

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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