Fiona69
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Secured Loan - Firstplus reclaim PPI and pay off loan
Fiona69 replied to Fiona69's topic in Mortgages and Secured Loans
I haven't done a full request as yet but I know what payments I have been making and what interest i have been paying. I was just really shocked to find that after 12 years I still owe the same amount I borrowed. Very depressing. I need some guidance as to what to do first and to who since they have transferred the loan to Elderbridge, need to do something.... -
Hi everyone, after ignoring the loan that I took out with firstplus since I took it out I now need to take action and get rid. As they have passed on the loan I was able to get a copy of all transactions to date needless to say I want to cry! I took out the secured loan in 2004 for £40K with £8K as PPI so total loan for £48k, having just had the transaction history I have paid £77k to these people and still have £40K owing on the loan! Having read loads of posts previously and knowing how stupid and naive I have been in taking this out, I now need to take action and would appreciate any help in what I need to do first.
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We have also put in a complaint to OFT & CSA
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To update: Sent in Witness Statement and within 24 hours had the DLC on the phone. DLC offered to settle which we have done. Thank you to CAG for the re-assurance to stand up to them.
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Hi Andy Reading up on the pre-action protocol I would suggest that they are on shaky ground. As well as the numerous phone calls all the correspondence from them has been we own the debt, your not paying enough we are taking you to court to get a charging order. The crux of it is they are trying to securing an unsecured debt that they bought knowing it was unsecured. Fi
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Hi Andy Uploaded 19.pdf. As I said don't know if this statement was only about the letter of the 5/12/12 or about the whole process that has brought us to court. If its about the whole process then no I have responded, but to rebut that statement I would have to include all the correspondence?
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Hi Andy If they are referring to their letter of the 5th Dec (attached) then it is true that I did not respond and I believed it was up to the court to decide if it was estopped (page 1). If they are referring to the whole process then no, I wrote to them but then they would phone and I would say in writing and then they would send letters saying ok we will take you to court.
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First Draft of WS can someone please peruse: This statement is made in opposition to the claimants claim and by which the Claimant contends I have no real prospect of successfully defending the claim against me. I My Name, the defendant in this matter, will contend the following statements made are the truth to the best of my knowledge in the claim brought against me. The letter from the Claimant dated 04/12/12, states that my grounds for defence are invalid as they are not estopped. The documentation received from the Claimant is in my opinion incomplete. In August 2011 following debt management advice I entered into a debt management program. I prepared and sent letters to my creditors requesting reduced monthly payments and a reduction of the interest charged on my account to 0%. The letter corresponding to this account was dated 07/08/11, a copy of which is enclosed (DOC 1). I received a reply from MBNA (the original creditor) dated 16/08/11. The first paragraph of this letter confirms that they would agree to my offer of reduced payments and that the interest on the account would be reduced to 0%. Paragraph 3 states the payment due date and that “ further payments will be due every 30 days until your outstanding balance is paid off.”. A copy of this letter is enclosed (DOC 2). I have continued, without default, to make the agreed payments firstly to MBNA and subsequently to Hillesden Securities, the most recent payment being made on 28/02/13. I contest the conclusion of the Claimant that they are not estopped. The letter from MBNA (DOC 2) clearly agrees to my reduced payments. When the debt was transferred to the Claimant all of the paperwork associated with the account and referring to my financial circumstances would have been passed to the Claimant including the enclosed documents, DOC 1 and DOC2. I therefore argue in my defence that as the debt was transferred to the claimant so to were the responsibilities of the original creditor. The Claimant has no cause for action against me as they abandoned this agreement without just cause or legal excuse and are therefore estopped. Doc 1 is my letter to MBNA Doc 2 is the letter from MBNA What I am unsure of is whether or not I should be submitting a full defence at this time? Thanks Fi
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Thanks Andy Will carry on finalising WS. Fi
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Good Morning All Just prepping my WS and noticed that the debt was assigned to DLC (16/07) before MBNA sent the letter of assignment (19/07) is this relevant should it be mentioned in my WS ? Thanks
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Their letter
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Application notice
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Hi Had nothing other than the paperwork in post #28. Together with this they sent extracts from their contract with MBNA, the screen shots of the account, the default notice from MBNA and T & Cs for the account. These look to be in order, what they haven't included is any correspondence that I sent to them, which they seem to have ignored or decided to gloss over. I have another debt which has gone through the same dmp with MBNA been sold etc and they just wrote to us saying keep up the payments as agreed with MBNA, can't see why this one should be any different. Fiona
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Having put all the paper work in order, has anyone got any pointers on how to present a witness statement? Preparing it early as we have a bank holiday to contend with.
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It's the same paperwork that they sent through last time (page 2) but with the additional Court paper stating date of hearing.
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Seems a long time now but: Solicitors have sent copy of Court papers date set for 9th April at my local court. Nothing from Courts direct to me. I'm assuming this is just to get the stay lifted and for my defence to be struck out. Do I need to send them anything?
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Can I just clarify, make sure I have this right. The Court have issued the General directions order to the DLC solicitors as they haven't filled in part 9 on the N224? Am I correct in thinking this or just going nuts?
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[ATTACH=CONFIG]40666[/ATTACH] Hi The directions order is attached hopefully img20 previously. Only received, the Application to lift the stay and strike out my defence, the General directions order as attached and a notice to transfer Proceedings to my local court. No dates for hearing............... Thanks for looking at these for me.
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No date that I can see for the hearing. If I have this right I need to respond within 7 days to set aside or vary the order under part 23 rule 10 (whatever that is). My application needs to set out the reasons for my objection. Then I get my date for hearing (i think ) Can I state in my objection that they have the wrong paper work (and it should be set aside) they have provided a whole bunch of stuff, but the dates are inconsistent with my paperwork and they have not included the all important agreement by MBNA to the reduction in payments. Help woud be appreciated. (I haven't done the formal CCA 78 request to DLC, they have provided the T & Cs with the letter prior to their Application)
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Attached letter from MBNA agreeing to my DMP. [ATTACH=CONFIG]40605[/ATTACH]
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[ATTACH=CONFIG]40607[/ATTACH] [ATTACH=CONFIG]40610[/ATTACH] [ATTACH=CONFIG]40608[/ATTACH] [ATTACH=CONFIG]40606[/ATTACH] [ATTACH=CONFIG]40609[/ATTACH] Thanks Attached Court Papers plus letter received. The basis of my defence is that they are not honoring the DMP that I had with MBNA. (They have sent Virgin T & C's with the letter of the 8th December, my card was never with Virgin!) The attachments won't go in order, sorry. Well their bigger but in no particular order
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Happy New Year. Received papers from court, transferring my case to my local court and a general directions order to lift the stay with the application notice from solicitors to strike out my defence. What do i need to do now? Help greatly appreciated
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Will check with the courts tomorrow. I did panic this morning, but thinking about it, is this just another one of their tactics, make me think I don't have a case? Will let you know what the court says tomorrow.
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I believe it is just a letter to me, there is nothing on MCOL to say they have responded. I will check with the court if the claim is stayed. The letter does say ' We will shortly instruct our solicitors to continue with the claim' Should you wish to discuss the matter at all, with a view to trying to avoid protracted litigation, please do not hesitate to contact our offices ......blah blah blah' If the above is correct they have not responded within 28 days to my defense.
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Been a while since my last post, sent off the Court Defense (in a nutshell estoppel & COBS) 19th October and have heard nothing back since until today when DLC sent copies of my CCA and state ' the grounds for my defense are invalid as they are not estopped. Now what do I do? There is nothing on MCOL that they have responded, last thing on there is my defense. Any help appreciated
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