Eviction Date Given - Help please

[kazma]

Ok, we have court date of next Tuesday, 1 day before the eviction date.

Husband said the courts we very busy with suspension orders (must be this time of year as the suspended order was in a November)

 

Anyway, I've been reading up of everything/anything I can find, especially the Lending Code, Responsible Lending and the OFT Guidelines. The responsible lending states that if an account is in dispute (especially with FOS) that court action should not brought about.

When this is all over I'm going to issue one major complaint about them and they way they have handled everything. It all started when we asked for a Deed of Postponement as we had changed banks and had got an improved mortgage offer. enabling us to pay off a loan I had (still have) and saving us around £150 per month but they wouldn't approve it. The judge at the initial repossession hearing said that there is no legal requirement for one and they couldn't stop us getting the new mortgage. Wish I had known that at the time

 

K

[kazma]

Just had a further reply from the FOS.

Giving us a copy of the acceptance letter they sent to FP.

The spoke to them last week and told them they should have been more diligent in pre-empting our acceptance and that the deemed it unfair that FP would not process the settlement before the eviction date

 

K

[newstarter]

mmmmmmmmm it was more than unfair,i would say down right devious of them,however having read through your thread all your paperwork is fine and although its a last minuite thing you will be ok,however yoiur right o.f.t guidlines do state disputed accounts should not be in court,wouldnt surprise me if this is not mentioned by the judge,me thinks courts are getting fed up with having to hear repo cases day in day out brought by vexacious litigants.Good luck for Tuesday by the way.

[kazma]

We've got a suspended order for 2 monthes ,the first available date after the end of January

Eversheds sent a representative who admitted that they had no figures/info to go against

The judge although wanted to know why we hadn't put the money aside to pay FP settled the we pay them £350 per month

The judge ordered that FP respond to the FOS final decision, they should have already done this as the decision was made in August.

Their rep went through all the figures and the judge simply said that until the correct figures where given nothing could be done.

If FP don't follow the FOS ruling then the eviction notive will be struck off , so long as we keep to out part.

 

K

[Ell-enn]

Good, let's hope they respond to the FOS decision as the judge ordered.

[kazma]

As with the suspended order will we get details from the courts/Eversheds with the outcome of this hearing.

I'm sure we got the pretty quickly last time but the weather maybe holding the post up abit.

We haven't heard anything further from either FirstPlus or Eversheds but they did tell the FOS that figures would take 4-6 weeks to work out so that puts us in the New Year.

We spoke to their representative before the hearing and he couldn't believe that they had done this without being able to offer figures, he got the arrears figure at 11.30 the previous night but that figure includes the PPI element.

The judge even asked us what we wanted to pay them and when, we opted for a figure pretty near to the one on the agreement without the PPI, we can pay anyway we want so I'm going to ask Eversheds for FP bank details so I can pay them through online banking (I'm keeping the control until they give us some figures to work from).

K

[newstarter]

You should get details of the court hearing,ie the suspended possession order,if not chase up the court also i agree,a good idea to pay them through on line banking,whats the betting you dont get those figures untill the next hearing is just around the corner,4-6 wks,lets see thats 42 days max doesn,t leave a lot of time does it?,however at least the judge oredered them to abide by the f.o.s. ruling,keep us posted im intrested to find out what figures they give you.

[kazma]

Just got the details from the court and the next date is 31st Jan.

FP have until 14 days before the hearing to comply with the FOS findings, if they default the warrant will be discharged. It's also suspended during the interim period up on our payment of £350 pre calender month with effect from 1st Jan

 

Now Eversheds have written to us saying that their client has agreed to a full redress in respect of our PPI premiums and it will place our account in the position with no PPI, this is in reference to our letter dated 16th Nov not the court hearing.

Eversheds have also said that we are ordered to pay £350 each month in the interim,(we actually offered this, the judge asked us how much we wanted to pay) the first payment being on or before 1 Jan 2011.

The court letter said per calender month with effect from 1st Jan.

If we pay on 7th Jan will that be in line with the courts order.

 

Also, I am going to ask FP for a full statement of the account. I have no idea where we are upto apart from a few figures they keep throwing at us. We have never had a statement of account, even before the arrears started.

Am I correct in thinking that under the pre action protocol and/or FSA Mortgage Code of Conduct they have to provide upto date statements.

 

 

K

[newstarter]

Hang on a moment,if F.P refund the ppi plus 8% intrest i seem to remember you saying that this would almost clear the arrears,why are they not reducing the arrears with the refund,i also remember you saying that was what F.P said they were going to do when they wrote to you.If you accepted the offer on the 21st of September,yet you still have no revised payment schedule then i would be careful,i cannot see how Eversheds have demanded that you pay 350pm when you have no revised figures,nearly 3 months after you accepted this offer,furthermore any redress in financial terms should be used to reduce the arrears,not the outstanding balance.As for paying on the 7th you should be fine,thats not really the issue here,i know you offered 350 originally but im just wondering here if you should be paying that amount in view of the fact that the settlement would clear the arrears.

[newstarter]

P.S Have you thought that by reducing the overall balance yet keeping the account in arrears they are leaving the door open to adding further arrears charges to your account plus add to that that if you do recieve a refund before your next court date your account will still be in arrears at the time of your next hearing (a way of justifying court action) i would be careful as i smell a rat here keep an eye out for F.P trying to pull a fast one here.

[kazma]

We had an original refund (Nov 2008)of approx £1600 when we first cancelled the PPi, this went off the capital (that was their policy).

When we complained about misselling we where offered a further £3400 as a goodwill gesture but this would come off the arrears. This as never been applied to the account as we didn't accept their argument and went to the FOS (Feb 2009)

In Aug 2009 the FOS adjudicator found in our favour and FP should refund the PPI and put us in a position if we didn't have any and also pay is £500 compensation. FP said they would refund us the PPI - Again it would go off the arrears but it didn't agree with the adjudicator and would not pay us the £500 comp

In June 2010 we got a letter from Eversheds saying we had not kept to the original judgement but they didn't know about the complaint with the FOS. When told they queried with FP and we got another letter saying they are carrying on the proceedings but if we accept their goodwill gesture they will let us know the new payment amount. More likely trying to get us to drop the FOS complaint. It had already gone to the ombudsman by this time, luckily we managed to fast track with the FOS.

 

We said £350 as that is near the amount on the original agreement with the PPI element so we are hoping that the recalculate figure will be something like this, that's anyones guess as only FP seem to have figures. The amount of arrears quoted was approx £11000 but I have no idea where they get that figure from as no recalculation as been done so any figures will still include PPI.

[newstarter]

You knowi would be itching to get back into court with F.P i really would,yes it does sound like they were trying to get you to drop the complaint,i suspect that the new figure has been recalculated,andis less than 350, you can bet that the goodwill gesture(3,400) amounts to less than a third of what you should be entitled to.F.P are going to wait untill the last minuite im sure,i said in a previous post you wont get the new figures until the death,i have just done some number crunching using your figures and adding the 8% on top should leave your arrears at 2k tops.

[kazma]

Well we have got the figures from FirstPlus.

Talk about being underhand - they have taken what we have already paid towards the ppi approx £1400 off the arrears and the rebate to put us in a position of having no PPI just over £10000 has gone off the capital, so suprise suprise we still have arrears.

I'm not sure where I stand with this, when we had the initial response from the adjudicator at the FOS they said that as we had arrears any rebate would go against them but this hasn't been the case. I have this in writing from the FOS so would it be worth arguing about. If they put everything to the arrears it would clear them.

We have received a cheque for just over £500 as the 8% interest but it doesn't seem to include the £200 compensation. I'm going to check everything against the figures I have to make sure.

We need to wait for a "different department" to give us the new monthly figure but I don't suppose they will rush. The initial letter with the breakdown was dated 13th Dec, the cheque 22nd Dec and the envelope was postmarked 29th Dec.

Eversheds are asking for an Income & Expenditure form but surely they would have been given a copy from the court hearing and they end of November

 

K

[kazma]

Also do FirstPlus still need to follow the pre action protocol as I think the initial repossession was done just before it came into force

 

K

[kazma]

I've emailed FP to ask them to put the refund to the arrears, don't hold out much hope though as this would nearly clear them but no harm in asking ( they offered this for the enhanced rebate before we went to the FOS) and if so would they then capitalise the balance, otherwise they will get the £50 per month agreed with the initial court hearing.

I've had a good read of their letter and they have the nerve to say "your acceptance of our offer of redress". Don't really think they had much choice in the matter seeing as it was an FOS final decision.

 

K

[newstarter]

Hang on a minuite,the 10k rebate should have cleared your arrears not reduced the balance,i know why they did this,to keep you in arrears and therefore add more charges to your account,what they should have done was cleared the arrears and anything left over should have been taken of the larger outstanding figure,by doing what they have done your account is still in arrears so not only can they keep adding charges,its an easy way to get you into court again,so yes it would be worth arguing about,you need to phone them a.s.a.p and quote the f.o.s ruling on this and demand your arrears are cleared.They shouldnt be capitalising the arrears because it should have been paid off,i wish i could trade places with you for a month or two i really do.First off demand your ARREARS ARE CLEARED or you will be taking this further,by that i mean i would n244 them and go back to court.I was fuming just reading your posts,you have the f.o.s adjudicators ruling to back you up,they know you have a suspended repo hanging over you,thats why they have left the arrears,it weakens your position,and its very easy to get you back into court.

[kazma]

I've emailed them and I'm also going write and send the letter recorded. I've also queried it with the FOS and sent them a copy of the letter FP sent us.

We have a court date on 31st Jan so I'm listing everything they have done to disadvantage us and letting the judge have a copy before the hearing, no way I'm sitting back and letting them get away with doing what they want.

[Ell-enn]

If you need help with a statement for the hearing on 31st Jan let me know and I'll draft one for you. FP are well out of order with this!

[kazma]

Hi Ell-enn

Yes please could you draft a statement for us.

Will we need any forms or anything for the hearing, all we have got is a date from the courts in response to our hearing in November when the judge said he wanted some figures from FP

I've given the FOS a copy of the letter from FP and they are checking with the ombudsman who issued the final decision to see if they have responsed as they should.

They are also going to check the figures to make sure they are what are to be expected as he as already pointed out there are errors in the arrears figure.

 

K

[Ell-enn]

Hi there, you don't need any forms - you just take the statement to the court about a week before the hearing so it can be put in front of the judge to read before the hearing. You need as much documentary evidence as you can get to go with the statement, so gather together anything relevant and take photocopies ready for when we finalise the statement. We've got plenty of time to wait and see if you get any further letters etc. so if you aim for getting it to court by the 21st that will be OK.

[kazma]

Already got most of it together as I made myself a reference pack for the previous hearing, just need to add the last lot of correspondence to it.

May do a index for it though so it will be easier to find particular items rather that having to trawl through it all

[MeshMick]

It's so nice to see people helping others so much in these forums. Hope everything works out, sorry I'm not more of a help personally, but this is not my area :/

[kazma]

Well it's now the 13th and the judge ordered FP to have all the figures 14 days before the hearing. The hearing is on 31st Jan so they have until 17th Jan.

We have had the breakdown of the redress and cheque for the interest and "maybe" the compensation - couldn't work out the figures as the breakdown wasn't that clear. The FOS are going to check the figures we have been given to make sure that they comply with what they want FP to do. They have already said the arrears figure is incorrect.

What we haven't had is confirmation of the new monthly figure and balance of the account.

I've requested statements from FirstPlus but I've not even had an acknowledgement from my email never mind a statement so I don't know if any of the figures are correct, what charges have been added on etc.

[kazma]

Just got a reply from the FOS - They have said that FP should consider the ombudsman's final decision and comply with the guidance of fair compensation. In other words, pay the net payments of PPI to ourselves and not put against the arrears balance and put the remainder of the settlement to the arrears.

They have said to write to them requesting this and if they reject this to get back to them.

 

Ell-enn, can you draft up the statement you mentioned when you get the time, I'm planning on getting everything in order this weekend so if anything needs photocopying I can do it at work

[Ell-enn]

Did you get the FOS reply by email ?