Firstplus £52k secured loan , paid after house sale but £5k extra charges added? - reclaiming?

[Surfer01]

The mind boggles! FP have been advised in writing that I am disputing so called "arrears" on my account as I have not missed a payment since inception of the unsecured loan. They have also been advised in writing o stop harrasing me regarding the arrears but they just ignore it. Verbally on the phone they have been advised that the whole mess has been handed over to the FOS. Today I received a letter advising that they will be sending someone around to discuss my arrears which according to them is £45.96 about 2/3 of my monthly payment.

As I am getting really annoyed with this constant harrasment mainly by letter, I would like to send them a strongly worded letter keeping within the constraints of the recognised English language with no profanities but with underlying threats if you know what I mean.

Here I would really appreciate some help in writing a letter quoting various laws etc under the Consumer Credit Act in order to put them in their place once and for all and if any further harrassment letters are received, I am in a strong position to take them to court.

[jansus]

Firstplus Harrassment APOLOGY !!!!

 

see the thread by mixed nuts below in the forum

[Surfer01]

Thanks Jansus but if any one can help me with a letter it would be appreciated especially if they can point to the relevant acts. I can then compose the rest.

[jansus]

The only link I can find is about telephone calls but it quotes the act

 

Harassment by telephone - Consumer Wiki

 

so maybe you could adapt that.

 

did you know there is a website specifically about complaints about FP?

 

I would suggest within the letter

:

 

would you please note that my account is not in arrears and you still have ignored my previous requests to stop this constant harrasment when my account is totally up to date. Please note this letter is an official complaint regarding the way you have handled my account and I am sending a copy to the FOS to add to the original information I have sent to them. I am sure you are aware of the seriousness of your failure to grasp the fact that it is FP who are at fault here and not me and therefore there is absolutely no need for your to send a DC to my property .

 

Please ensure that any charges for arrears that you may have applied to my account are removed and that you reply to this complaint as soon as possible confirming that I will not recieve any more letters or calls.

 

Please also note that in the future if you do feel the need to write to me about payments that you attach a full breakdown of how the supposed "underpayments" have occured, I am sure this would not be too difficult as you would of course have to rely on this evidence if you decided to take further action.

 

I trust that you will also check to ensure that my credit record has not been affected by your errors as I do not want to have to take action to rectify that as well.

[Surfer01]

I am having issues with Firstplus and eventually contacted the FOS and outlined my problems and requested some asnwers to questions that Firstplus were not prepared to answer. Part of my complaint was about harrassment by Firstplus and this was added as an after thought but it was not the main thrust of my complaint.

Neverless the FOS chose to ignore my main complaints and latched onto the harrasment calls from Firstplus about arrears. IMHO FOS have no jurisdiction over harassment calls as it is not within their remit.

The FOS then contacted Firstplus and suggested Firstplus pay us £100 in compensation and deduct the arrears from the £100 and then send us the balance.

The arrears were created when Firstplus stated that we were not allowed to overpay on the account and then they credited our account twice in one month which created an even bigger overpayment. At that pointwe were nearly a month in advance with our payments. They then sent a cheque and when we rejected the cheque FP told us tough they would not accept it back. We have never missed a payment!

As for the other complaints FOS`stated that Firstplus were within their rights to reject overpayments and that when moving from a secured loan to an unsecured loan the same terms and conditons applied although in essence the product had changed. We submitted a letter to the FOS from Firstplus where Firstplus shortly after it became an unsecured loan stated that they wanted a higher amount and for this amount to be paid off over 5 years. The FOS conveniently overlooked this letter!

I will be writing back to FOS to point out the errors of their ways and in addition I think it is time I got the OFT involved as the new amount for the unsecured should now fall under the CCA. It is my belief that not being able to pay more to finish the debt sooner is now an "unfair" clause as we want to pay more but cannot.

Currently we are paying £69.76 over 12 years, the remainder of the original agreement, on an unsecured loan which was £5700 in March 2006 and is now £5440. In the space of 3 years we have only paid off about £300 of the debt. Approximatrley £45 is going towards interest charges at 10.5% APR as they increased their rate with Bank of England increases, but then did not lower it. FOS thinks this is quite fair and sides with Firstplus.

Maybe we should stop paying altogether and allow it to go to the county court as they can then only nail us for the settlement amount and the court should lock it at that amount plus fees. I am assuming that they can only claim for the outstanding amount and not future interest charges. Maybe cheaper in the long run as I am almost 60 years old and the chances fo us buying anything again on credit on pretty slim as at present due to redundancy I am on a DMP anyway whch has stuffed up my previously clean credit history.

[Surfer01]

I recently sent Firstplus a SAR request as follws;

 

Please supply me with a complete list of transactions and charges relating to my loan history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

Also please enclose a copy of the new updated credit agreement under the Consumer Credit Act 1974 which superseded the old agreement when the loan reverted from a secured loan to an unsecured loan as the new loan was for an amount under £6000.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information that you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one that you normally use to communicate my private business to us me and to which you have hitherto found to be acceptable.

 

Firstplus have sent me a statement and a copy of the original agreement only and have not included any other correspondence that they have sent me, i.e. dispute letters etc regarding the account.

Have they fulfilled their obligation to us regarding the SAR?

[BankFodder]

Yes,welcome to the very unsatisfactory world of the financial ombudsman service.

 

I noticed that quite recently even in the Building Societies Association have criticised the financial ombudsman service and have said that it needed reforms.

 

One of the reasons given for the need for reform by the BSA was -- the lack of transparency.

 

No surprises there then

[BankFodder]

well in your subject access request, there is certainly no evidence that you have asked for correspondence.

 

I think that the SAR 's which are being sent out at the moment are too specific.

 

People should be asking for "all personal data held in any form on any matter".

[AuntieP]

You may not get a good result from the FOS, especially if your case is handled by an inexperienced Adjudicator (few cases reach the ombudsmen). In my case the Adjudicator wrote her first letter to me summing up what she thought were the main issues. As with your case, she missed crucial points, and mentioned two points I had not made in my complaint at all ! I had made these to the firm years before but dropped them as minor, but they were still to be found in the depths of the firm's evidence to the FOS.

 

The Adjudicator preferred the firm's evidence to mine in making her initial assessment of the issues. She missed several other points later, misunderstood the amount to be invested by £44,000, recommended the firm's offer, then could not explain how it was calculated.

 

If you dont like the FOS decision, don't accept it. Once you accept it there is no going back, even if mistakes are later found in the decision. There is no appeal and no one to complain to and FOS may choose not to explain their actions or reasons. The FOS Independent Assessor is too close to the FOS and has no real powers.

 

Read Problems with FOS decisions for an idea of what can happen when you go to the FOS

[Surfer01]

Yes I also had a strong feeling that they were bias towards the financial institution.

Firstplus are still phoning me at all hours despite the fact that I sent them the harassment letter template which they have received and the FOS "fining" them £100(What a joke!)

This wasn't even a slap on the wrists. More like a kiss and lets make up.

[ScarletPimpernel]

Most of the people working at FOS are from the financial sector. FOS pays less than the finance companies, so...

[taff1701]

Agree with above , Fp are notoriuos for doing at most exactly what you ask for and no more , if it comes to providing anything that may assist you in a claim ,they will not supply it.

 

Never received my sales calls or follow on calls, but eventually got them to admit misselling , so keep at them with your complaint ,dont let them fob you off.

[Surfer01]

I have just had a chat with Trading Standards in Cardiff where Firstplus are based. If you have been the victim of harrasment by Firstplus Trading Standards encourage you to raise a complaint with them via Consumer Direct. If enough people respond then Trading Standards will react.

In addition, I have been advised that through Trading Standards, criminal charges can be brought against Firstplus plc. These are normally done on an individual basis or can be done as a group if required.

Let's set out to hassle firsplus as much as they have hassled us!

[Guest Old_andrew2018]

Just responding so more firstplus customers can read this (BUMP)

[leothelioncub]

good idea.... first plus have "lost my complaint" and sent a heavy from power2contact to my door telling me to call them.... he was politely told that all communication was to be in writing. has anyone noticed how poor the grammar is in their letters? oops I should use cap shift myself lol:rolleyes:

[Surfer01]

We took them on and eventually they paid out nealry £300 in compensation. In my opinion they got off lightly as It is no joke getting calls twice a day 365 days a year for arrears which you do not have!

[Surfer01]

We had a loan with Firstplus and then sold our residence in mid February 2006. After the original mortgage was paid, Firsplus were paid but there was a shortfall of £5773.64 . Firstplus used Rule 78 to calculate the settlement figure and also charged me an administration fee of £150 at the time.

Since July 2006 every single month without fail we have been paying an average of £67 each month. On Monday this week I contacted Firstplus and asked for a settlement figure.

This arrived today and guess what Firstplus have to say. We still owe them £5689.97 although we have paid them close to £3600 over the past 4 and a half years they are saying that in effect we have only redcued the balance by £83! In addition if we were to settle now they want another £150 administration fee. My wife is in tears.

Although all previous correspondence and the statement that came with a SAR request states that the balance was £5773.64 they have come up with a figure of £7393 exactly spot on but where they obtained this figure I have no idea.

I am totally gobsmacked and speechless as I feel this is a total and unjustified rip off. Any ideas as I feel the only way to nail them is under UTCC regulations as unfair relationship regarding Rule 78 etc but will need more than that to really nail them.

 

[Guest wino]

That is terrible!

 

Have thet supplied you with annual statements or a breakdown of what they alledge is owed?

[Surfer01]

Come to think of it no they have not supplied annual statesments but as it is an unregulated loan are they obliged to do this?

[Surfer01]

I got a SAR sent to me by Firstplus but all conversations were summarised in writing and not the original media. Secondly i also notcied that a number of letetrs that they had sent me during the course of the agreement were missing. These realted to increases in the interest rate.

As they have not sent a full SAR they are in breach of my request. What can one done as FOS has already chased them once for not supplying full details?

[Guest wino]

Have a look here

 

www.firstpluscomplaints.co.uk

[Surfer01]

Have a look here

 

www.firstpluscomplaints.co.uk

 

Thanks for the link but I know about that site however they don't have many visitors or helpers to the site each day although they have nearlyy 900 members. Most if it seems to focus around PPI and not settlements. I think I may get a better response on this forum.

[Guest wino]

I got that link from MSE

 

Rule of 78 query re First Plus - MoneySavingExpert.com Forums

 

I don't think it helps much but it does discuss the way the will have to change the way they work out their charges, interest etc from this year.

[sexymuffin]

sounds like you have been paying interest only and not paying anything off the principle loan

[Surfer01]

That's a hell of a lot of interest on £5773 even over 13 years!