F&Fsecured loan with Elderbridge - coerced debt and selling house

[Surfer01]

Also they only have my mobile number as I have refused to give them our home telephone number. Hopefully your SAR made reference to the fact that you require a copy of the transcripts for all telephone conversations?

[Myfamily]

Yes, I made sure I put that in! I aksed for transcripts or the recordings on cd or dvd. is that o.k?

[Surfer01]

Good for you. Make them earn their £10!

[slick132]

Hi MF,

 

I think their attitude stinks and you are right to make a formal complaint.

 

Keep it brief and succinct, using bullet points to set out a dated chronology of events.

 

Their refusal to put matters in writing is unfair to you and you should consider pursuing a complaint based on BCOB's, depending on whether they continue to refuse to respond properly to you.

 

[Surfer01]

I don't think BCOB can help as FP are not a bank and the loan exceeds £25,000 but I may be wrong.

I always used FOS to rattle their cage as it cost them £500 each time you complained!

[Myfamily]

Hi Guys,

 

Well I wrote my compaint letter today, and said that I wanted to make a formal complaint that my offer letter explaining the situation had been ignored

and that I had been passed to Gothia then back again, then issued a DN with no reply to my offer letter

and explained that I had recorded the call the other day where I was told I would get no reply to this letter,

also said that this call would be put on a CD and sent to the FOS is need be.

 

Do you think this is o.k?

 

I am very worried I think I have made a decent offer, If I had offered £100 and paid that for 18 years they would not get back what was loaned

but I think I have made a reasonable offer of £500 pe month

(more than half or the normal monthly payment) They would still be getting back more than was loaned to us - does that make sense??

 

I am finding it really hard to concentrate and hard to sleep, worried that I will lose this house,

have two young children, one in the transistion from Primary to secondary school, i would hate to have to uproot them,

we work soo hard and I feel that there is no help or hope for us.

 

Am I asking too much of them, would a judge order me out??

Edited November 26, 2012 by Myfamily

[dx100uk]

no i doubt he would

 

MCOBS might help here not BCOBS then.

 

dx

[Myfamily]

Hello,

I just wondered if this made any difference regarding the BCOBS or MCOBS.

On my default notice it says that they have sent the DN under section 87 (1) of the Consumer Credit Act 1974. Does this mean it is regulated? Does it helps or make any difference?

Any thoughts anyone?

I don't understand how the agreement can state (in the section about early settlement) "the end of this agreement less any rebate calculated in accordance with the formula set out in the regulations made under the Consumer Credit Act 1974, notwithstanding the fact that this agreement is not regulated by the act" and then they issue a DN pursuant to section87(1) of the Consumer Credit Act 1974?? - I'm confused, is it just me that thinks this is unfair in itself?? How can they be allowed to just pick and choose the bits of the Act that they want?

I am awaiting my SAR back, I hope that there will be something on there that will mean that they won't take me to court - I am really stressing out about this, I am worried that they could get me out before the SAR comes back, I have sent off my formal complaint about them not responding in writing to my offer of payment and ignoring my financial situation will this be enough to put my case on hold?

My husband is not making it easier, panicking more than I am, he just wants to know where we stand - I understand that but I don't know where we stand! What can I tell him? I have been on the internet all day trying to find more examples of people in the same position as me, there was one on this forum and I asked for an updated on theirs but no response. I am scared that they will take our home from us, our credit is not good so I actually don't know where we will live.

 

We're trying so hard to get through this, we work hard, we are not trying to avoid our debt but we asked for help from FP and it was thrown back in our face! I have two children in primary school, I don't want to uproot them, am so worried.

[dx100uk]

then your kids are your ticket

they wont do anything to vunerable kids

 

TBH...i tend to think you are p'haps each feeding on each others 'fears'

 

take a step back

 

losing your home is a very long wat away

 

and a very long process.

 

as no-one '[bar yourselves] has mentioned it

other than an if maybe threat

 

i'd put that fear to bed for now

 

slowly catchy monkey

 

dx

[sequenci]

Hello there,

 

You may be able to prevent further action by applying for a Time Order. More info on those here:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=06b_time_order_on_a_secured_loan

[Myfamily]

Hi guys

 

DX - Thanks of giving me a bit of hope!

 

Sequenci - I have looked at this today but it say for loan regulated by the consumer credit act 1974 and under £25,000. As I said in post #105 FP seem to be saying that it is not regulated under this act yet issuing a DN under this act - I'm confused - Do you still think I could apply for a time order? - will this help? is it possible that if I apply for a time order they will agree to my offer of £500 per month? - sorry for so many questions!!, I am only 35 so still a good 30 years of working life left!!

[sequenci]

Well, for a time order to be possible the loan *has* to be regulated. It's strange how they served you with a default notice in accordance with the act if it wasn't regulated. I expect you've placed this within the thread but how much did you borrow and when exactly did you take the loan out?

[Myfamily]

I know i think this is weird too, which is why i asked in my post #105. we took out 100k in approx May 2006.

 

Isn't it a bit unfair that they are saying they're not regulated under this act yet using some of it?? Trying to confuse the consumer? Well it's working!!

[sequenci]

Yup, that's not great and you should certainly raise it with them. Harsh reality is, though, if it's unregulated your options are significantly reduced.

[Myfamily]

I have already sent in my complaint, should I send another letter/complaint this as again this is unfair and confusing for the customer isn't it?

It just seems that nothing they do is clear, they either work under the Consumer Credit Act 1974 or they don't surely!??

Can anyone help me with a letter or wording for this please??

Came across something interesting today, apparently there was an amendment to the Consumer Credit Act 1974 in 2006 which takes away the loan limit of £25,000.

Does anyone know if this will help me, as far as I can see it came in in March 2006, we took out our loan in May 2006.

Shouldn't it have been regulated then??

Edited November 28, 2012 by Myfamily

[sequenci]

Hello again, the £25,000 limit was abolished in April 2008. So if yours was taken out prior to that date it's likely to be unregulated.

[Myfamily]

Another interesting thing happened today.

 

FP called me, I was out and they rang on my mobile (so unfortunately could not record it)

 

she said she had received my complaint and aksed what my offer was

(strange as I had enclosed a second copy of my original offer letter!)

 

I told her and she said why they couldn't accept that as a DN had been issued.

 

I told her that they've already told me that but my point was that in my phone call last week

I was told the they would not reply to me in writing and I don't think that is a very fair way to treat their customers,

I am explaining my situation and offering as much as I can, but being ignored.

 

My complaint was sent yesterday by recorded delivery and they have called me the following day!

whereas my offer letter (also sent recorded delivery was with them for 10 in which time they could have acknowledged my offer,

accepted or declined it but instead they passed the buck and then issued a DN, and just completely ignored my offer.

 

I explained to the lady today that I was not happy as I feel that they are not trying to help me at all, and while I was talking we got cut off.

 

She did not call back.

 

I'm amazed at how fast they responded to my complaint, I am not sure if I will get a response in writing - but as it is a complaint then I should, shouldn't I?

 

The whole thing is very suspicious now, why was she asking what my offer is when they've had my offer letter twice now?

 

What was the point in calling me today?

[slick132]

Looks like you've rattled them a bit.

 

If they call about this again, simply say you require their considered response in writing and you will discuss nothing further by phone.

 

[Surfer01]

In an earlier post I warned you about speaking to them on the phone as they will say one thing and do another.

Insist that they correspond in writing as per your request.

Can we assume that your normal mortgage payment is up to date and it is only the loan that is in arrears?

When you get the SAR check that a transcript of the phone call is included and if not, raise a complaint.

[Myfamily]

Hi Slick, thanks for that, I like the idea that I might have "rattled" them!!

 

 

Surfer - You are absolutley right, they caught me offguard because she said she was calling in response to my complaint and I thought it might be good news - It's wasn't obviously!! My Mortgage is in arrears but I am paying extra to clear them, mortgage company are happy at the moment. I will check the SAR and also getting my financial advisor friend to go through it with me as he was being chased for £3,000 from a credit card and is counterclaiming with £8,000 in charges and unlawful fees!!

 

Will also make sure that the phone call of yesterday is on it, this is why I'm updating here as it helps me keep track of things too!

 

I am hoping that they are sending a response to my complaint in writing and that she doesn't think that her phone call yesterday is their response, do you think I should write again and tell them that I want a proper written reply to my complaint??

[slick132]

I'd give FP 14 days to respond to your letter unless you specified a different timescale.

 

If no response by then, send a reminder with a copy of the complaint letter asking for their urgent response within 7 days.

 

[Myfamily]

Hi Slick,

 

You'll like this one! (but I know that Surfer will tell me off!!- sorry Surfer!) I was out yesterday and had a missed call on my mobile at approx 1pm, then later I had my husband with me in the car and my mobile rang again, I pulled over and answered it, it was FP again! The same lady as the previous day.

 

I wanted to tell her to just put it in writing and I did not want to speak to her, but my husband was there thinking that I was just being B***hy, he was thinking that they were calling back to accept out offer.

 

So she continued by saying that I had spoken to her the day before and she just wanted to follow up as we'd been cut off. She explained the same thing as the day before in that after the DN is issued nothing can be accepted by way of our offer. She asked me if this resolved my complaint!? I told her no it didn't as I want my complaint and the contents of it responded to in writing - I put it to her that they had my offer, fobbed me off to Gothia who then fobbed me off back to FP and then they sent a DN and just ignored me asking them for help or explaining my situation and making an offer.

 

She kept trying to close off my complaint over the phone but I told her I would not be happy with that and I need a written reply, I had to repeat this a couple of time as she did not seem to understand why I wasn't happy with her just calling me!! - Crazy!!

 

So anyway she final said I would receive an acknowlegement of my complaint within 5 days, and then a final decision about it within 40 days! Now I am not sure if I mis-heard her there - isn't 40 days a bit excessive?? I just wanted her off the phone, because I knew that I shouldn't be speaking to them! but I suppose she could have said 14 days.

 

My complaint letter did not give a timescale but I did say that due to the current situation with the DN being issued that I would like and urgent response. So do you think I should just follow up in 14 days then? because I think if she did say 40 days - that is ridiculous!

 

Also just wondered if action should be put on hold as she said that they would still be sending it to their solicitors after the DN expires on 2 Dec.

 

(Oh and I got hom and found a message on my home phone - so they had tried to call me 3 times in that day. I will be checking again to see if this conversation appears when my SAR comes back)

Edited November 30, 2012 by Myfamily

[Surfer01]

They are trying to close the complaint before it escalates to FOS and costs them money. Please to hear you stood your ground. If you have told them in writing to communicate only in writing, then they are harrassing you by phoning you constantly and that is a criminal offence. As said, I used to answer the phone but told them to communicate in writing and hand up without listening to any of their garbage and lies.

[Myfamily]

Hi Surfer, I haven't told them in writing to only communciate in writing but I would expect a written reply to a comlpaint anyway, perhaps I should write to them again and tell them not to call me.

[Myfamily]

Hello everyone, Well the 2 Dec has now passed and I have not had further calls from FP.

 

I suppose that I will receive a letter from their solicitors demanding the arrears or telling me that they are going to repossess.

 

I am now worried all the time and can't stop worrying - no sleep and terrified!

 

I am wondering no if they are going to push me out before my SAR comes back, does my complaint put a hold on anything?

 

So for all the questions but I am worried - I don't want to lose my home!