F&F secured loan with Elderbridge (old First Plus/Barclays) - coerced debt and selling house

[Myfamily]

HI Mike,

 

I have the judgement. simply says

 

1) the defendant give the claimant posession of ********* ******* on or before 7th Feb 2014

2) the defendant pay the claimant £***,***.** being the outstanding under the mortgage.

3)This order is not to be enforced so long as the defedant pays the claimant the unpaid instalements under the mortgage of £12,000 byt he payments set out below in addtion to the current instalments uner the mortgage.

 

Payments required.

 

£60 per months the first payment being made on of before 26 Jan 2014.

 

 

Mentions nothing about costs??

[Ell-enn]

I think the costs will be added to the outstanding mortgage balance. Is your mortgage Repayment or Interest only ?

[Myfamily]

Repayment, but does that mean they start charging interest on the costs balance too then?

[AndyOrch]

Costs will be separate by way of a costs order once they have finalised them and submitted to the court.

 

Regards

 

Andy

[Myfamily]

Hi Andy,

 

How do they expect me to pay them? they know that I am scrapping by just to pay the mortgage and arrears.

[AndyOrch]

Wait until they surface first and how much then we can cross that bridge as and when.

[Ell-enn]

I thought solicitors & legal costs in a repossession hearing were added to the mortgage balance ?

[AndyOrch]

I thought solicitors & legal costs in a repossession hearing were added to the mortgage balance ?

#

 

They may well be Ellenn Im just referring to the costs order and why its not referred to within the judgment.

[Ell-enn]

Hi Andy, they don't always put the costs in the judgement - the judge usually says that it's in the mortgage T & C's that they can add legal costs for the hearings etc. Obviously it would be better for the OP if they did that as you can at least pay them over the remaining term of the mortgage. However I always say that the op should write and ask for a breakdown of the legal charges as sometimes they use their in house legal department for a lot of the work, but charge solicitors rates for it.

[AndyOrch]

Right you are Ellenn just found this snippet :

 

Costs in Mortgage Repossession Cases

 

In most types of legal case a court order is required to enable a party to recover their costs from the other side. The procedure for mortgage repossession cases is different. There is a presumption that the mortgage lender was entitled to bring the case and, therefore, may recover the legal costs of doing so.

In most mortgage repossession cases the judge says nothing about costs when making an order. If nothing is said about costs it means that the mortgage lender is entitled to recover them from the borrower. However, it is unlikely that a borrower will receive a bill for these costs – they are usually added to the total amount outstanding under the mortgage.

 

The Terms and Conditions of a Mortgage and Costs

 

The terms and conditions for a mortgage should include a clause dealing with the costs of any legal action. This may contain words to the effect that the mortgage lender is entitled to recover all reasonable legal costs incurred as a result of the borrower breaching their obligations under the mortgage agreement. This means that a lender is entitled to the costs of bringing a repossession case due to the borrower’s failure to pay the instalments due under the mortgage.

 

Learn something new everyday here.

[Ell-enn]

Andy, I've learned stuff from you on very many occasions

 

 

The total added to the mortgage balance in respect of legal costs after a hearing - it's usually a disgusting amount and definitely should always be questioned. The only saving grace is that the op doesn't get the total bill landed on their doorstep with a demand for immediate payment...

[AndyOrch]

Its wrong really isnt it?....on all the claims I work on the costs are separate and require a separate costs order/Judgment/certificate..this allows them to be challenged...points of dispute.

 

" However, it is unlikely that a borrower will receive a bill for these costs – they are usually added to the total amount "

 

So mortgage companies can pluck a costs figure add it to the arrears and you have no legal recourse......

 

Ill stick to Financial legal Issues from here on.

[Ell-enn]

The whole sub prime mortgage business is a disgrace ! (and some of the high street lenders aren't much better). The costs should still be challenged, as I said earlier - one particular lender was using their in-house legal dept for most of the work yet charging solicitors hourly rate - this was discovered when a breakdown of how the total was arrived at was requested on the basis that lenders are supposed to charge "reasonable" costs.

[sequenci]

Mortgage lenders are a law unto themselves.

[6686]

Mortgage lenders are a law unto themselves.

 

I appreciate that this is a very difficult time for MF but do we know if FP ever appealed the original Court Judgement in respect of the terms in the contract being 'unfair'? This could have a massive affect for thousands of FP borowers!

[Myfamily]

Hi all,

 

Vey sorry didn't get notified that there had been further postings on this thread.

 

Andy and Ell-enn - thank you do much for the info you've found I Already received their Bill the day before the last hearing, not sure what I can do now in the way of challenging their figure and the hearings are all over!

 

Not sure how I'm going to pay it either. maybe I'll tell them to wait till I'm dead and they can get if from my life insrance!!

 

6686 - FP did not appeal the decsion on the unfair contract but unfortunately it does not set a precedent as it was only county court but a lot of other FP customers know about it and are still trying to complain to FOS, MP's, OFT and very soon the newly formed FCA, who will apparentely have more power and hopefully be able to do something about FP. the regulators have all been told that a judge decided that the clause was unfair.

 

The decision in my case just means that they have removed that clause from my contract and I am now on a fixed rate.

[AndyOrch]

" Andy and Ell-enn - thank you do much for the info you've found I Already received their Bill the day before the last hearing, not sure what I can do now in the way of challenging their figure and the hearings are all over! "

 

In normal claims (none mortgage) you could have challenged it at that hearing.....keep an eye on your statements now and watch to see if its added.

 

Andy

[6686]

Thanks for getting back to me with the info that FP did not appeal your County Court Judge ruling. No doubt they realised that if they did and a higher court took the same view then a precedent may well be set and they would have had to 'fix' everyone's rate at a sum that would disadvantage them. Now that the interest rate issue of your case is now 'set' are you now able to identify the particular County Court and date where the judgement was made? It would really assist in the complaints procedure. Regards and continued good luck

[Myfamily]

Hi All,

In January my loan with First plus was transferred to Elderbridge. I missed payment in April and was contacted by Elderbridge - made an arrangement with them and that was that.

Then missed payment in July, this was due to my husband already bad depression becoming very much worse - He is a compulsive Gambler and he manged to blow his wages that month. I threatened him with divorce unless he got help because he has got worse and worse over the last year with gambling and depression.

He went to the doctors and they referred him for counselling (we are still waiting for this to come through) In the meantime my mother seeing his distress and mine took us away with her on holiday for a break.

We were away for 4 days when we were contacted by my husbands brother who told us that his father had been rushed to hospital as he could not breathe , My husband bought a flight home, we had to buy the flight as the insurance co said that it takes too long for them to arrange it as they would need medical reports etc and my husband just wanted to get back as quickly as he could. as it was his brother called again a couple of hours later to tell us that his father had passed away.

My husband was obviously shocked at his sudden death and headed home to his mother and brother to start the funeral arrangements. we stayed on holiday as we could not afford a flight for me and the children and my husband wanted the kids to enjoy it (they were not very close to their grandfather as he had only come back into my husbands life in the last few years) .

When I got home at the end of August I had received a letter from Elderbridge, I contacted them and explained all of the above and was told that the holiday must have cost us something (it didn't as my mother paid and it was all inclusive, she had a hefty pay out from her job when she retired and a very good pension - much more savvy with money than I am!) anyway we had no costs, except for our holiday insurance of about £30.

The advisor at Elderbridge said that before they consider another arrangement they need 3 months payslip and bank statements. I do not want to give these to them as i know they will question things and they are things that I cannot reduce or do anything about, First plus previously questioned broadband costs as being high, but I work from home so need the super speed, I just don't need the hassle. The funeral was last friday and my husband is understandably still devastated.

I can show them his prescription and his fathers death cert as I got the impression from the very unhelpful man at Elderbridge that he did not believe me, he was very unsympathetic.

Do I have to provide payslips and bank statements to them?

Is there anything I can do?

As a family we've had a pretty miserable couple of years, the person I spoke to was just not interested, I am thinking of just writing to them detailing everything that gone on over the last couple of years and hopefully someone more sympathetic will help! Any thoughts?

Can anyone help?

I need to contact them today really.

I don't know what to do.

my husband is not doing well., I just want them to go away and leave us alone.

I don't want them scrutinising my bank statements and asking a load of irrelevant questions, trying to get me to cut things down, which I have already done (they seem to think I can work from home with slow broadband!, as it is I save a lot on travel fees working at home - but they're so close minded they don't seem to understand that!)

With everything that's happened over the last couple of years I am just tired,

but I need to stick it out here, as we currently can't remortgage yet due to credit rating,

if we sell now, we probably won't cover everything and will have to rent,

which i'm not worried about but we have been advised to wait till crossrail comes in as our house would be worth a lot more.

If we waited we could sell and clear everyone, still have a deposit and a better credit rating to move.

[fkofilee]

Good Morning My Family and welcome back. I've merged and tided your new thread from yesterday.

Also removed some references to your Husband... Dont worry, its nothing personal, we have to be careful with what is posted.

 

Now... Tell what stage are we at? Its been a while since you last posted.

[Myfamily]

Hi Fkofilee, thank for being here, sorry about my new thread thought it might be a bit long if I added it to my last thread, and sorry about stuff about hubby, I didn't realise that it would be a problem, just trying to give all the info that might be needed.

 

Basically, Elderbridge wrote to me as I missed July's payment after making an arrangement in June, as I said in post 490. they left a voicemail message for me on wednesday saying to contact them urgently, they had asked for paylips and bank statements when i called them after we returned home and I had already explained to them that my husbands father had just died!, he was very un helpful and said he would give us two weeks to provide it even though i told him we were sorting out funeral arrangement and the funeral was on the 2nd sept. he said I must have incurred some costs to out holiday, which I did not as it was all inclusive and paid by my mother. he clearly doesn't believe that.

 

I have got proof of my husband medication and his fathers deather cert that I was thinking of sending to them.

[mariner51]

I have no experience of either FP or Elderbridge but general debt advice is to engage with Creditors to stave off the inevitable. You missed a payment on an agreed Arrangement the following month.

 

 

Have you checked your latest Credit Report and Credit Score?

2 Companies (Noddle & Clear Score) allow you access on line, for free. Debts can be chased for min 6 years.

 

 

Death Cert would support your story but do not reveal husband's medication without his consent.

[Ell-enn]

Hi, have you put any of this in writing to them ?

[Myfamily]

Hi Mariner, Thank you for your advice.

This account does appear on my credit file noddle and it is current. I am engaging with them, but I just found the last person I dealt with quite unreasonable and quite un-caring to be honest. My husband has consented to me revealing his issues if it helps us.

I am a little bit at the end of my tether, desperately trying to keep everything running smoothly, I know i missed a payment immediately after making an arrangement, the problem is my husband behaves erratically, he's very stressed. and even though he knows it won't make it better, like any gambler he believes he can solve all his problem with a big win, obviosuly this never happens and we end up worse off.

Sometimes I think of leaving with the kids but He's a good person and I know he's trying hard. things have happened that haven't been his fault or mine but such is life!

I just can't couldn't' make the guy at elderbridge understand that and he was quite abrupt and almost rude when I explained that my father in law had suddenly died! don't know what else to do anymore

Hi Ell, enn, I did a very brief e-mail as I was away and using my phone (not ideal!) I can send more details to them along with the death cert etc, do you think it will help?

[Ell-enn]

I think you definitely need to get something in writing to them in case they take this further, and you must send by special or recorded delivery to make sure they sign for it.

 

 

A brief letter stating you are confirming several conversations with their operators who were particularly unhelpful and unsympathetic, list the order of events by date and then state what you intend to do to remedy the situation.

 

 

Keep the letter fairly short - don't ramble on - they simply won't read it all.