Eviction Date Given - Help please

[kazma]

Yes, the FOS reply is on e-mail, I've got a continous e-mail conversation with them since I got the eviction date notice

I've e-mailed FP informing them of the response, I also emailed FP last week asking the same and also for a statement of account. I've got no response from either emails so I have sent them a copy via the post (to be signed for)

[Ell-enn]

OK, obviously you need to print off everything that's been sent and received since the last hearing and we can use that in the new statment. I'm a bit pressed for time at the moment - have a look at the your last court statement and use that as a template to list these recent events.

[kazma]

Ok will do.

No rush for the statement, just find it a bit easier doing things at the weekend rather than when I've come in from work.

[Ell-enn]

I'll be able to help you at the weekend - it's just difficult while I'm at work and sometimes don't get home till evening

[kazma]

Do I just need paperwork relating the the PPI/FOS dealings or eveything we have about the loan

 

Apart from the letter/cheque we received detailing the redress we have not received anything else from FP. I've emailed them a couple of times with no reply but I have printed off the email and posted it to them. It was signed for on Friday so I know they have received it.

[kazma]

Hi Ell-enn

Didn't get much time over the weekend to get things sorted so I will be doing it in the next couple of days

If you get the chance could you draft the statement up.

We still haven't got the new monthly figure from FP, 14 days before the hearing is today so unless it comes in the post today they have not followed either the FOS or courts ruling.

I have a feeling they will post us the new figure by the court date (31st Jan) but the date on the letter will be before today and blame it on the post

 

K

Edited January 17, 2011 by kazma

[kazma]

We've finally got the new monthly figure. We have got a letter this morning from FP with another lot of figures.

The arrears figure has changed. we have had another £60 ish taken off the arrears - not sure where this as come from.

They have even said thank you for accepting as a full and final settlement of the complaint - I have never told them this

I sent my last email to them on 13th and posted a copy to them which has been signed for on 14th, this letter was dated yesterday 17th

 

I am totally fed up with these people, they seem intend on making the FOS's final decision regarding the PPI and their offer of redress not something they are under a legal obligation to abide by.

 

K

[kazma]

Hi Ell-enn

Sorry to bother you but have you had chance to draft the statement for us.

I've got everything together and I don't think I will be getting anymore from FP.

I've sent the FOS a copy of the letter as I have a feeling they are not too happy with how FP have gone about this.

 

K

[Ell-enn]

Hi there, apologies for the delay, I have been snowed under at work and been taking paperwork home with me in th evenings affixed is the draft statement - obviously you can amend with any additional information - however your Appendices of correspondence should tell the whole story fairly well.

 

As always - remember to take a copy of it all for yourselves to refer to in the hearing before handing it in to court.

Kazma Statement for Court.doc

[kazma]

Hi Ell-enn

Thanks for the statement

Would it be better just using correspondance received since the last hearing.

I don't want to give the judge loads of paperwork to trawl through - I could bullet point everything in date order that has happened since we started with the PPI complaint so it's down to one page + the recent stuff

I would have a full copy of everything with me incase they want to refer to it otherwise they would have a equivalent book to read

 

K

[Ell-enn]

Hi Ell-enn

Thanks for the statement

Would it be better just using correspondance received since the last hearing. Yes, I think that's a good idea.

I don't want to give the judge loads of paperwork to trawl through - I could bullet point everything in date order that has happened since we started with the PPI complaint so it's down to one page + the recent stuff

I would have a full copy of everything with me incase they want to refer to it otherwise they would have a equivalent book to read

 

I think that would be best.

[kazma]

The story goes on. Went to court yesterday, we had the same judge as the initial hearing in Nov 2008.

We have finally got a statement of account albeit from Eversheds it was part of what they are using as their witness statement- which when reading is a load of rubbish.

No wonder FP didn’t want us to see the statement. All monies we have paid since the Nov 08 hearing have gone against the arrears. It should have been the main monthly payment against the account and an extra £50 against the arrears as per the order – but looking at the statement it looks as though the full lot went against them. We have put the arrears figure in dispute

FP are arguing the rebate of PPI payments which as gone against the arrears is all that should be given. They can’t accept that the arrears figures include an element of PPI not just what we have paid but the unpaid amounts.

According to the judge FP are not showing them selves in a good light and they have until 28th Feb to get the FOS final decision fully complied with – including breakdown of all figures and according to the judge they had better get their skates on.

FP rep spoke to us before the hearing and said FP would happily accept £150 over the monthly payment to pay the arrears of over a reasonable time. We pointed out that a reasonable time can be the length of the loan left which in our case is over 20 years but he didn’t seem to have any idea. Situation much like last time – their rep didn’t seem to have a clue about what is happening.

We are waiting for the next hearing which should be within 2 months

[Surfer01]

FP are a shambolic outfit. Despite FOS getting onto them afte we had sent numerous letetrs, they still have not sent us a settlement figure. If I knew I could stop paying without incurring interest charges I would do so until they get their act together. I wonder if it goes into a dispute mode if they don't give a settlement figure.

Keep hassling them and hopefully they will buckle.

[kazma]

The FOS Ombudsman is reviewing the file again to check what the FP figures are or should be and that FP have dealt with the redress and they should do (Don't think for one moment they are done that)

I'll going to work through the figures that FP have given us and see if I can work out what they should be and how FP have come to theirs.

 

K

[kazma]

I feel as if I'm in a waiting game - Waiting for the FOS to get back to me, FP to get their act together and confirmation of another court date.

 

Is it worth writing (again) to FP stating what we want them to do, I also emailed them with an official compliant about not responding to various emails and all I got was a letter stating that no other refund will be put to the account

 

K

[kazma]

We where in court again on Friday 1st.

Since the last hearing we had not heard anything from FirstPlus.

The FOS where still trying to get answers from them.

Using the witness statement they provided from the previous hearing I managed to work out my own figures for what I think the arrears should be - roughly 2 1/2K less that what they orignally stated.

Got to court on Friday and their rep asked us if we agreed with the arrears figures that we now have. Told he we had not received any and she just told us what they where and asked what we where prepared to pay against them.

After the last hearing I knew what they wanted £150 on top of the monthly figure but no way could we afford that. She said that FP would offer to suspend the eviction if we agreed to the extra £150

We had a very lenient judge who let us have 5 mins to read through the paperwork we had never received and after hearing our side instructed us to pay the minimum amount off the arrears in view of the norgan ruling and that this was in place for at least 6 months and so long as we keep up with the payments he doesn't expect us to be back in court even after this date. FP rep tried her hardest to get more from us, even pointed out the we had Sky TV and that is a luxury. The judge wasn't really having any of that and even pointed out to them that their interest rate (9.7%) was high and we needed as much help as possible.

Think I may do a SAR as on Friday we where shown 2 lots of correspondence and we have not received either of them, just wondering what else we haven't recevied.

K

[kazma]

Forgot to say we queried the court charges as we had been in court 3 times and 2 of those where because FP had not done what they should have done.

The judge ruled that if there where going to be charges applied we had to agree to them otherwise it would need to be agreed in court

 

K

Edited April 4, 2011 by kazma

[kazma]

Bump as post doesn't seem to have been logged

[Ell-enn]

Well done for standing your ground hope you can relax a bit now.