elderbridge / first plus loan

[Myfamily 1]

Hi All, ok still waiting for my SAR.

but in the meantime I have just accepted an offer on my house.

now it's going to get complicated.

 

I looked back at the further letter I got from elderbridge in july saying that they were still looking into my complaint BUT that I can complain to the FOS now and have to do that within 6 months of the date of that letter, I'm a bit confused by that, I thought you only go to the FOS if they have made a decision and you still don't agree or are they telling me I can got to the FOS because its taken them too long?

 

The other question is - The sale of the house will cover the figure they gave me in the redemption letter but as I said I disagree with that figure, can they stop the sale if there is a dispute over the amount or can I instruct the solicitor to HOLD the money until the dispute is resolved?

 

Any help is very much appreciated .

 

thanks

[dx100uk 8,581]

you can go to the FOS 8 weeks after your complaint regardless to any outcome

[Myfamily 1]

Thanks DX, I will forward a complaint to the FOS then.

 

Can anyone advise on the other points raised, Can my solicitor hold the money until the dispute is settled, as the sale is enough to cover the entire amount they claim is outstanding , would they be able to stop the sale?

[Myfamily 1]

Hi All,

 

I went to court approx 5 years ago, secured loan went for repossession, the claim total was for £109k.

At the time I was a litigant in person , there was an initial hearing and it was decided that due to the complexities of the case there should be a trial, it allocated to fast track and at the trial I managed to stop the repossession but got a SPO.

 

It has come to my attention that this should never have been in the fast track was the total was nowhere near the £25k , it should have been on the multi track.

 

can anyone advise on this?

[dx100uk 8,581]

it was £5k in those days I think

who tried to repo?

[reallymadwoman 2,266]

What difference do you think it would have made, other than massively increasing the costs?

[Myfamily 1]

the company was First Plus, now Elderbridge and the difference would have been the amount of detail that they would have needed to provide to the judge

[dx100uk 8,581]

I have merged this new thread with you existing thread

everyone [some 200+ people ] are subbed to your thread so will all get a new email alert wit the questions you've now asked above

far more people that might view a new thread if they bother to look around and find it

[Myfamily 1]

thanks Dx, sorry I didn't think about that, thanks

[Andyorch 10,142]

Fast Track / Multi Track. Fast Track is reserved for claims between £10,000-£25,000. Multi Track is for claims that surpass £25,000

[Myfamily 1]

exactly!. this was a repossession case. their particulars of claim give the arrears figure as well as the full balance of the loan. so their claim was well over the 25k?

[Andyorch 10,142]

CPR 55 (2) The court will only allocate possession claims to the small claims track if all the parties agree.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55

 

http://www.letlink.co.uk/letting-info/2016-01-21-12-29-33/possession-and-repossession/112-articles/possession-and-repossession/436-possession-procedures-and-the-new-civil-procedure-rules

[Myfamily 1]

I was in court for that hearing, I don't recall it being mentioned, I remember that we had the hearing and as the hearing was very short as we had a lot of points to raise the judge said that it would be best to have at trial. that was it.

 

Also I understand that there is some cap on costs when in the multi track, any idea what the cap is? because they submitted an estimate of costs to be assessed, but as far as I can see this should only happen I the case is in the multi track?

 

in the end costs were not mentioned in the last hearing, the court has confirmed too.

 

In May I wrote to Elderbridge and disputed the settlement figures as they have included 36K of court costs that were not actually awarded, they have treated this as a complaint, and in July sent me a letter saying they have no made a decision abut my complaint yet but are still investigating, they gave me the option to forward my complaint to the FOS which I will be doing.

 

The first letter disputing the settlement figure was sent by EMAIL on the 15th May and in their first acknowledgement letter (dated 28th) they says they received my letter by e-mail on the 23rd! thereby putting them within the 5 day limit for acknowledging complaints - convenient!

 

I've had enough of these people, they lie constantly, I need to get rid of them,.

 

Does anyone know how it works with selling the house with a secured loan in dispute. once sold the full amount quoted n their settlement figure would be covered (but I don't want to pay them that much - if anything!) so I need to know if this money can be held with the conveyance solicitor until the dispute is resolved, in which case they then release the amount agreed to them, is this possible??

[Andyorch 10,142]

Multi-track cases not subject to fixed costs – effective 6 April 2017.

 

The new rules give statutory force to the Court of Appeal’s decision in Qader & Others v Esure Ltd & Khan v McGee [2016] EWCA Civ 1109, 16 November 2016 by specifically providing that Fixed Recoverable Costs apply only “for as long as the case is not allocated to the multi-track.”

 

£25,000.00 upper fixed costs limit scrapped – effective 6 April 2017

 

The words “but not more than £25,000.00” are removed throughout the CPR 45.29 fixed costs tables.

 

Thus an ex-portal claim remains subject to Fixed Recoverable Costs whatever its value. It is only allocation to the multi-track that takes it out of fixed costs.

 

But if they were not awarded costs then the above is irrelevant...what did the judgment state ?

[Myfamily 1]

My trial was allocated to the Fast track - I don't believe it should have been - as the amount was well over 25k

 

The trial was in Oct 2013! at the trial, the judge said that the costs would be reserved till the next hearing (Jan 2014) then at the next hearing the costs were never discussed! I asked the court recently about who the costs were awarded to and got this reply "The court did not order either parties to pay costs in the orders I can see from the case screen. "

[Andyorch 10,142]

Then tell them to remove the 36k from the balance or you will escalate their malpractice.

[Myfamily 1]

well have made a complaint about them including the costs and am going to forward to the FOS, this complaint was made to Elderbridge, who said they were investigating but it well over 8 weeks and no answer from them.

 

the problem is my house is under offer now, I don't want this to stop the sale, so I have asked the solicitor if its possible to hold the money they claim in the solicitors account until both parties agree on and amount to be paid. not sure how this works?

[Andyorch 10,142]

As long as you have informed your conveyancing solicitor that they have inflated the figure with costs that they are not legally entitled to add....they were never awarded costs...and instruct him to adjust accordingly.

[Myfamily 1]

ok sounds good. the only problem is that it's not just the costs that I am about to contest. I have found out a lot more since the last time we were in court. as far as I can see they also did not to a proper disclosure. I know at least 3 customer who have had their balance reduced to zero due to a number of things, so what I want to do is sell the house and leave the full amount with he solicitor until we can agree on the amount owed, I don't think it should be anywhere close to the 100K or so that they think, and I have calculated that I have paid 94k.

 

I have done a SAR and now have about 2 weeks till that comes through which should hopefully have a lot more information in it from the court, and communications between Elderbridge, me and their solicitors which might help persuade them to amend the balance, but I just need to know whether they can stop the sale because of this, or if the solicitor holding the money is enough

[Andyorch 10,142]

Your conveyance solicitor will be fully experienced in dealing and agreeing with the outstanding balance which they have to provide before you can redeem the mortgage...wont affect the sale.

[Myfamily 1]

I really hope so, I need the sale to go through

[Myfamily 1]

Great, well just got off the phone with the conveyancing solicitors, who have said that I need a more specialist solicitor, one that can do the conveyancing but also give advice about the loan -told them I am not looking for their help re the loan - I just need them to hold the funds - this is going to be a nightmare isn't it?

[Myfamily 1]

some further developments.

 

I contacted the court to ask them why it was allocated to the fast track, they say according to the notes a directions questionnaire was not required/completed in this matter?? - What the...??

 

Also they cannot locate my file! - great!!

 

they said once they have located it they'll be able to tell me why it was allocated to Fast Track.

 

I am lost for words!

[Andyorch 10,142]

Did you retain a copy of your DQ ?

[Myfamily 1]

that's the thing, I didn't remember completing one that's why I checked with the court, they confirmed the DQ was not required/completed