Threat of Reposession from First Plus Solicitors **SUSPENDED**

[Worried6]

Thanks for the reassurance and taking time out to get in touch with me.

Hopefully Ell-en will get back soon.

I have sent my letter of response regarding the offer by e mail today and the original by recorded delivery.

I pointed out my frustration at how they have started to bully me.

However the fact is I have still been served with a Summons so I have to take this seriously. I have to enter an appearance but don't know what this means.

 

Yours Very W6

[Surfer01]

We also got caught by FP and after selling our home we still had a shortfall of approximately £5700! Since taking out your mortgage you will have received letters from FP notifying you that their rate has increased in line with the BOE base rate however when the base rate dropped down FP never stayed in line and kept the interest rate at a high which coudl eb reagrded as Unfair to the consumer..

Maybe when the second mortage was taken out your repayments were £650 but now are at £750 due to the linked base rate increases. It can be argued that FP have acted contrary to section 5 Unfair Terms of UTCCR and more than likely if challenged properly on this aspect they will back off especially if you took this court as a defence or argument. Unfortunately my knowledge on this is limited but hopefully someone with better knowledge of UTCCR will be able to advise as it can be a powerful weapon against FP..

In the meantime only consider selling your home as a last resort. The following benefit from the sale of the house, original mortagage company, then the estate agency, solicitors and FP. By that tiem any equity you had is swallowed up. If it goes to court and you can show that you cna pay the current mortgage plus £100, thsi will probably be accepted b y the judge and you will get to keep your home.

 

 

PS Did you take out PPI with the loan?

Edited September 13, 2010 by Surfer01

[Surfer01]

We also got caught by FP and after selling our home we still had a shortfall of approximately £5700! Since taking out your mortgage you will have received letters from FP notifying you that their rate has increased in line with the BOE base rate however when the base rate dropped down FP never stayed in line and kept the interest rate at a high which coudl eb reagrded as Unfair to the consumer..

Maybe when the second mortage was taken out your repayments were £650 but now are at £750 due to the linked base rate increases. It can be argued that FP have acted contrary to section 5 Unfair Terms of UTCCR and more than likely if challenged properly on this aspect they will back off especially if you took this court as a defence or argument. Unfortunately my knowledge on this is limited but hopefully someone with better knowledge of UTCCR will be able to advise as it can be a powerful weapon against FP..

In the meantime only consider selling your home as a last resort. The following benefit from the sale of the house, original mortagage company, then the estate agency, solicitors and FP. By that tiem any equity you had is swallowed up. If it goes to court and you can show that you cna pay the current mortgage plus £100, thsi will probably be accepted b y the judge and you will get to keep your home.

 

 

PS Did you take out PPI with the loan?

[grandma_jules]

Hi W6

I really can't offer any knowledgable advice to you i'll leave that to the experts. But I was in court today to get a suspended eviction and with Ell-enns help this we have done. The Judge was very nice and sympathetic to us and really is on your side not the side of the mortgage company. So keep strong and with the help of the people on here you will stay in your house

Take care

Jules

[grandma_jules]

Hi W6

I really can't offer any knowledgable advice to you i'll leave that to the experts. But I was in court today to get a suspended eviction and with Ell-enns help this we have done. The Judge was very nice and sympathetic to us and really is on your side not the side of the mortgage company. So keep strong and with the help of the people on here you will stay in your house

Take care

Jules

[Worried6]

Thanks to all of you who have replied. ven though I wouldn't wish this on anyone it helps to hear from people who have been through the same thing. It is an awful situation even when you know it is your own fault. I e mailed the solicitor today to complain about their tactics so far. I attached copies of my letter whihc they should receive in the post tomorrow. However I still need to understand what the document means that I received. I am going to the High Court tomorrow to ask.

Ell-enn if you are free I'd appreciate your input.

 

Regards

W6

[Worried6]

Thanks to all of you who have replied. ven though I wouldn't wish this on anyone it helps to hear from people who have been through the same thing. It is an awful situation even when you know it is your own fault. I e mailed the solicitor today to complain about their tactics so far. I attached copies of my letter whihc they should receive in the post tomorrow. However I still need to understand what the document means that I received. I am going to the High Court tomorrow to ask.

Ell-enn if you are free I'd appreciate your input.

 

Regards

W6

[Surfer01]

keep us updated

[Surfer01]

keep us updated

[Worried6]

Yes I will indeed. It will be later today before I get free to contact the court.

Has anyone been served with a Summons as I described before?

 

Re your question Surfer01 - I didn't take out PPI with FirstPlus but I was subject to lots of Rate Changes usually upwards!

 

W6

[Worried6]

Yes I will indeed. It will be later today before I get free to contact the court.

Has anyone been served with a Summons as I described before?

 

Re your question Surfer01 - I didn't take out PPI with FirstPlus but I was subject to lots of Rate Changes usually upwards!

 

W6

[Worried6]

Hi

 

I spoke with a member of staff at court yesterday.

The Summons I received is the pre-cursor to a court appearance. When I thought about it again and checked the original letter from the solicitor they had informed me that they would be going to court whether my offer was accepted or not. If it was then they would be asking for a suspended possession order otherwise a full possession order.

I presume that means that I would be getting the Summons either way. Explains the date ofthe document.

Anyway the court advised that I had to purchase Papers called 'Memorandum of Appearance'. We have to fill in 3 copies and provide 1 to the Solicitor, 1 to the Court and hold 1. This is a notification of our intention to attend and defend. I have to do this before 22nd September.

 

Meanwhile I have also sent another letter to solicitors regarding my proposal to pay the arrears. I re-did the I&E Analysis and sent it too. I was able to make a v small adjustment to the payment but have basically stated that we believe the court will give fair consideration to our offer.

Wait and see time I guess.

 

W6

[Worried6]

Hi

 

I spoke with a member of staff at court yesterday.

The Summons I received is the pre-cursor to a court appearance. When I thought about it again and checked the original letter from the solicitor they had informed me that they would be going to court whether my offer was accepted or not. If it was then they would be asking for a suspended possession order otherwise a full possession order.

I presume that means that I would be getting the Summons either way. Explains the date ofthe document.

Anyway the court advised that I had to purchase Papers called 'Memorandum of Appearance'. We have to fill in 3 copies and provide 1 to the Solicitor, 1 to the Court and hold 1. This is a notification of our intention to attend and defend. I have to do this before 22nd September.

 

Meanwhile I have also sent another letter to solicitors regarding my proposal to pay the arrears. I re-did the I&E Analysis and sent it too. I was able to make a v small adjustment to the payment but have basically stated that we believe the court will give fair consideration to our offer.

Wait and see time I guess.

 

W6

[Worried6]

Hi Again

 

I have at last received another letter from FP Solicitors and they say that they want me to enter into a payment arangement with the non priority debt loans so I can give them more. They state that since proceedings have been issued already if a payment arrangement gets agreedand set up they will apply for a suspended possession order to safeguard the arrangement from their point of view otherwise they will proceed with full possession order.

I don't know what to do for the best. The 2 loans they talk about - 1 is with Tesco Finance and has been up to dat since it started. The other one was an emergency loan that is also up to date but my daughter is guarantor so I can't mess with this one.

They have given me no idea about timescales - I returned the Memorandum of Appearance but I dodn't know if this means the proceedings will continue soon or not.

Please help.

 

W6

[Worried6]

Hi Again

 

I have at last received another letter from FP Solicitors and they say that they want me to enter into a payment arangement with the non priority debt loans so I can give them more. They state that since proceedings have been issued already if a payment arrangement gets agreedand set up they will apply for a suspended possession order to safeguard the arrangement from their point of view otherwise they will proceed with full possession order.

I don't know what to do for the best. The 2 loans they talk about - 1 is with Tesco Finance and has been up to dat since it started. The other one was an emergency loan that is also up to date but my daughter is guarantor so I can't mess with this one.

They have given me no idea about timescales - I returned the Memorandum of Appearance but I dodn't know if this means the proceedings will continue soon or not.

Please help.

 

W6

[sillygirl1]

Tell them that you are not going to do that, that is their lot, in fact the court may make you pay less than you are already offering.

 

Cheeky whatsits need reporting to the Solicitors Regulatory Authority for abusing court processes and trying to make you out to owe more than you actually do.

[sillygirl1]

Tell them that you are not going to do that, that is their lot, in fact the court may make you pay less than you are already offering.

 

Cheeky whatsits need reporting to the Solicitors Regulatory Authority for abusing court processes and trying to make you out to owe more than you actually do.

[Worried6]

Hi and thanks for your reply.

As well as offering to pay an additional sum per month towards arrears I also offered a £1000 lump sum towards arrears as well. They didn't even respond to that sum just ignored the offer and rejected the whole proposal.

I am getting scared again - I can't give any more per month now.

What usually happens next in this process do I just wait until I hear from court? I'd like to prepare as much as I can for this to defend myself.

I have restarted standard monthly payments to FP but have sent no additional money or the lump sum so far. I am going to need every pound if they remove me from the house as I'll need to rent.

 

I have also decided to place the house for sale as I am unsure that I can maintain this financial burden for a long time and I've read the horro stories of people who through no fault of their own find themselves back in court when unable to maintain arrangements.

 

I should get enough from the house to repay FP and the main Mortgage Lender (account up to date).

I don't want to provide FP or their Sols with this info - am I allowed to sell the house without having their permission? A solictor acting for me would handle all the repayments required in the proper way.

 

One other question my husband is unable to deal with this situation he was diagnosed with a psychiatric disorder some time ago. I am keeping this from him to some extent (he knows there is arrears but just waits for me to sort things out). I am fearful for his mental state if this goes to court and we lose. I could speak to his Psychiatrist and get evidence about his mental health. Would medical opinion of this sort be taken into account at court?

 

This also means I deal with this alone so getting feedback on CAG helps on a personal level as well. Thanks to all of you.

 

 

W6

[Worried6]

Hi and thanks for your reply.

As well as offering to pay an additional sum per month towards arrears I also offered a £1000 lump sum towards arrears as well. They didn't even respond to that sum just ignored the offer and rejected the whole proposal.

I am getting scared again - I can't give any more per month now.

What usually happens next in this process do I just wait until I hear from court? I'd like to prepare as much as I can for this to defend myself.

I have restarted standard monthly payments to FP but have sent no additional money or the lump sum so far. I am going to need every pound if they remove me from the house as I'll need to rent.

 

I have also decided to place the house for sale as I am unsure that I can maintain this financial burden for a long time and I've read the horro stories of people who through no fault of their own find themselves back in court when unable to maintain arrangements.

 

I should get enough from the house to repay FP and the main Mortgage Lender (account up to date).

I don't want to provide FP or their Sols with this info - am I allowed to sell the house without having their permission? A solictor acting for me would handle all the repayments required in the proper way.

 

One other question my husband is unable to deal with this situation he was diagnosed with a psychiatric disorder some time ago. I am keeping this from him to some extent (he knows there is arrears but just waits for me to sort things out). I am fearful for his mental state if this goes to court and we lose. I could speak to his Psychiatrist and get evidence about his mental health. Would medical opinion of this sort be taken into account at court?

 

This also means I deal with this alone so getting feedback on CAG helps on a personal level as well. Thanks to all of you.

 

 

W6

[Surfer01]

Try and keep the house even if you take in boarders. If not, be aware that if you have a buyer a search is done and it wil show that FP have charge on your house. We did this and because FP dragged their feet for nearly 6 months, our arrears increased resulting in us having a deficit of £5700 when the house was sold. You need to keep on top of FP all ther time. Don't bother notifying them that yiyu are selling until you have a buyer.

[Surfer01]

Try and keep the house even if you take in boarders. If not, be aware that if you have a buyer a search is done and it wil show that FP have charge on your house. We did this and because FP dragged their feet for nearly 6 months, our arrears increased resulting in us having a deficit of £5700 when the house was sold. You need to keep on top of FP all ther time. Don't bother notifying them that yiyu are selling until you have a buyer.

[Worried6]

How awful.

Yes I understand that there would be searches done and that the solicitor would repay the outstandng amounts by asking for a settlement figures from the main lender and FP for the 2nd charge.

Sorry for being naive - how did FP interfere with your sale did they refuse to provide figures?

I will take your advice and keep my decision over the sale to myself meanwhile.

This just keeps getting worse with even more to worry about.

 

W6

[Worried6]

How awful.

Yes I understand that there would be searches done and that the solicitor would repay the outstandng amounts by asking for a settlement figures from the main lender and FP for the 2nd charge.

Sorry for being naive - how did FP interfere with your sale did they refuse to provide figures?

I will take your advice and keep my decision over the sale to myself meanwhile.

This just keeps getting worse with even more to worry about.

 

W6

[Ell-enn]

I have at last received another letter from FP Solicitors and they say that they want me to enter into a payment arangement with the non priority debt loans so I can give them more. They state that since proceedings have been issued already if a payment arrangement gets agreedand set up they will apply for a suspended possession order to safeguard the arrangement from their point of view otherwise they will proceed with full possession order.

It's not their decision as to whether they apply for a suspended possession or full possession !!! They have issued a claim for possession and the judge (Not FP!) will decide whether to suspend or not !! They are trying to scare you into agreeing to do what they want. Why should you get into arrears on your first mortgage or other loans to pay them more? The judge will only expect you to pay the monthly payment plus a little towards the arrears.

When do you have to submit your defence to the court ?

[Ell-enn]

I have at last received another letter from FP Solicitors and they say that they want me to enter into a payment arangement with the non priority debt loans so I can give them more. They state that since proceedings have been issued already if a payment arrangement gets agreedand set up they will apply for a suspended possession order to safeguard the arrangement from their point of view otherwise they will proceed with full possession order.

It's not their decision as to whether they apply for a suspended possession or full possession !!! They have issued a claim for possession and the judge (Not FP!) will decide whether to suspend or not !! They are trying to scare you into agreeing to do what they want. Why should you get into arrears on your first mortgage or other loans to pay them more? The judge will only expect you to pay the monthly payment plus a little towards the arrears.

When do you have to submit your defence to the court ?