Barclays First Plus/Elderbridge FOS Mediation

[Myfamily]

Hi Surfer,

 

I will keep the letter then in case needed later.

 

Bit worried and confused now.

 

I wrote to First plus with my offer of payment and they told me that Gothia are dealing with my account and so would need to speak to them regading a repayment plan,

 

so I have sent the same offer to Gothia yesterday

(so they won't have received it yet) but this morning,

 

I have just received a Default Notice form Frist Plus.

 

They want me to pay the arrears (which i do not have!) by 02/12/2012.

 

I am confused because they seem to be still dealing with my account but ignoring my offer letter, If Gothia accept my offer what happens with this default??

 

Please help!

Edited November 15, 2012 by Myfamily

[Surfer01]

Hi Surfer,

 

I will keep the letter then in case needed later.

 

Bit worried and confused now.

 

I wrote to First plus with my offer of payment and they told me that Gothia are dealing with my account and so would need to speak to them regading a repayment plan,

 

so I have sent the same offer to Gothia yesterday (so they won't have received it yet) but this morning,

I have just received a Default Notice form Frist Plus.

 

They want me to pay the arrears (which i do not have!) by 02/12/2012.

 

I am confused because they seem to be still dealing with my account but ignoring my offer letter, If Gothia accept my offer what happens with this default??

 

Please help!

 

My advice would be not to communicate with Gothia as you are disputing the account reference interest charges etc.

 

Gothis are a DCA by the sounds of it.

 

Leave them out of the loop entirely and communicate directly with FP.

 

The only communication you send them is to tell them to hand back the account as it is in dispute.

 

If FP do not want to communicate with you and it went to court, they would look a bit foolish.

[Myfamily]

But I haven't disputed anything yet, I'm sending the SAR off this week (no money to do so before today!)

and I haven't ever said to First Plus that the way they increase their interest rates is unfair (although I believe it is) I just want to pay what I can afford to pay at the moment.

 

My letter to Gothia making an offer has already gone so it's too late not to communicate with them.

 

I tried to communicate with First Plus they told me to contact Gothia, I just don't know what to do anymore - I have gone into a bit of a panic now!

 

I was trying to keep contact with them as I know it's worse if you ty and ignore it but they're both confusing me,

 

I want to pay someone as much as I can! but I don't know what to do.

 

Sorry I'm waffling a bit now, panicking!!!

[Surfer01]

But I haven't disputed anything yet, I'm sending the SAR off this week (no money to do so before today!) and I haven't ever said to First Plus that the way they increase their interest rates is unfair (although I believe it is) I just want to pay what I can afford to pay at the moment.

 

My letter to Gothia making an offer has already gone so it's too late not to communicate with them. I tried to communicate with First Plus they told me to contact Gothia, I just don't know what to do anymore - I have gone into a bit of a panic now! I was trying to keep contact with them as I know it's worse if you ty and ignore it but they're both confusing me, I want to pay someone as much as I can! but I don't know what to do.

 

Sorry I'm waffling a bit now, panicking!!!

 

It is never too late to send Gothia packing.

 

Your contract is with FP and you will be disputing the fees.

 

We do not have a DD or SO with FP and pay them direct at any time of the month when we feel like paying them as long as it is by the "due date".

 

On many occasions we overpay them and this gives them a headache with interest.

 

Our repayment is only £70 so I appreciate that you may not be able to overpay etc,

but there is nothing stopping you paying £xx per week every week if it is easier.

[Myfamily]

ok, i'm sending the SAR off then, but I want to make a payment to someone, Can I get FPs' bank details from somewhere?

 

I'm worried because this is all going to take longer than the 2/12/2012 to get going and I know that things can happen quickly with these people. I feel that they're being unreasonable, I've paid for 6 years without fail, my payments went up and I kept paying .

 

They've earn't a lot out of me already and I'm asking for help, just seems like they don't care, I still have 18 years left, and They would still be earning out of me if I carried on paying £500 per month for the rest of the term, as it is I am 99% certain that this is a temporary financial problem we're having, but it seems that they don't want to listen.

 

Sorry I'm going on again! but I'm so panicked by this now!

 

Should I wait for the SAR to come back and then query the interest, I'm just worried that I'm going to get a whole heap of paperwork that will not make any sense to me!

[Surfer01]

SAR probably will not should a recent statement and only the last statement that they sent you.

 

You need to ask them for a current statement otherwise you will not get one.

 

Unfortunately this is an industry with very few regulations as the laws were drawn up when a top mortgage was £25,000 and a new BMW cost you £10,000!

 

It was anticipated that only the very wealthy would be asking for loans in excess of £25,000.

 

I have the account details for paying direct into their bank by BACs,

 

but unsure if you could use same details by inputting your account number.

 

I suppose the only way would be to set up the account,

pay in £1 and then phone a day later to ask if they got the payment.

 

It may be better to run this past site admin first for a decision and further advice if you want to go down this route..

[dx100uk]

checl the first plus are not listed under your internet banking site payments listing

 

many are.

 

dx

[Myfamily]

Thanks Surfer and Dx I will check my online banking.

 

Surfer - Is it strange that after being with them for 6 years I have NEVER had a statement? - not a single one!

I get statements from my mortgage company but have never had one from First Plus.

 

Should I add to the SAR letter that I would like all statements?

[Myfamily]

I've checked my internet banking payments and cannot find First plus, checked under Barclays and firstplus but nothing comes up.

[dx100uk]

you must get a statement at least once in 12mts. by law i'm sure.

 

the sar IS for statements..

 

to be honest something smells here...

 

or is this just first plus's normal MO?

 

dx

[Surfer01]

Thanks Surfer and Dx I will check my online banking.

 

Surfer - Is it strange that after being with them for 6 years I have NEVER had a statement? - not a single one!

I get statements from my mortgage company but have never had one from First Plus.

 

Should I add to the SAR letter that I would like all statements?

 

Essential and ask for an up to date statement and also a settlement figure.

 

In addition to the normal bumff, you also want all transcripts of all phone calls, communication etc to FP plus any emails and notes.

 

The notes relate to any notes they may have made concerning your account.

 

Regarding the phone transcripts, I am not sure if you can ask for copies of the original phone calls on DVD so you can listen to them, but I think you can.

 

Send SAR registered mail for a signature plus the £10 postal order.

 

Until the SAR is received, I think everything is put on hold,

but hopefully someone can confirm this however continue making payments even if they are not the full amount?

 

They should still accept cheques but if you send a cheque photocopy it and get proof of posting!

[Myfamily]

Can absolutely say without any doubt at all that I have NEVER had one,

we only ever got a letter from them saying when payments were changing etc,

and obviously more recently arrears letters and now a default notice,

and I have just had a look at their website and it seems that they charge for everything £25 each tme

they send me an arrears notice and £40 for the default notcie! -

 

Can I claim this back?

 

And yes I believe something is not right here,

but I would have thought they would rather get some money from me rather than take me to court and possibly have anything dodgy get brought up in court

- but then again they haven't got my SAR yet so maybe they think that they'll just scare me enough!

 

I don't know!

[Surfer01]

you must get a statement at least once in 12mts. by law i'm sure.

 

the sar IS for statements..

 

to be honest something smells here...

 

or is this just first plus's normal MO?

 

dx

In this case you will not get a statement unless you specifically ask for me.

 

The regulations for loans of more than £25,000 are not covered by Consumer Law

and Barclays FP have taken full advantage of this.

 

I am not even sure if the Unfair terms in Consumer contacts could be used.

 

FP are a law unto themselves.

[Surfer01]

Can absolutely say without any doubt at all that I have NEVER had one, we only ever got a letter from them saying when payments were changing etc, and obviously more recently arrears letters and now a default notice, and I have just had a look at their website and it seems that they charge for everything £25 each tme they send me an arrears notice and £40 for the default notcie! - Can I claim this back?

 

And yes I believe something is not right here, but I would have thought they would rather get some money from me rather than take me to court and possibly have anything dodgy get brought up in court - but then again they haven't got my SAR yet so maybe they think that they'll just scare me enough!

 

I don't know!

We claimed ours back and they paid but this was back in 2006. Our argument was that it should not be added to the outstanding balance as that is not legal. I cannot remember the argument we put but it was with help from CAG.

[Myfamily]

Hello Everyone,

 

O.k. now I am totally confused.

 

I have just received a letter from Gothia/Redcastle, saying that with immediate effet they will no longer be processing payments or servicing our account on behalf of FirstPlus.

 

And that we should ensure that all future payments are sent directly to FirstPLus.

 

If we have any queries we should call FirstPlus.

 

But they told us to talk to Gothia.

 

Now what do I do!!!!????

Edited November 19, 2012 by Myfamily

[Surfer01]

That would be correct if Gothia got wind that you are disputing the issue.

[Myfamily]

But FirstPLus don't have the SAR yet, It's being sent this morning,

 

all I did was send them the same letter that I sent to FirstPlus asking them to accept lower payments for a while as they said that Gothia were dealing with my account.

 

So it looks like FirstPlus response to this request was to send me a default notice and threaten to re-possess.

 

I am just devastated now, scared and worried.

 

They have not even tried to help me!

Edited November 19, 2012 by Myfamily

[Myfamily]

Does anyone have any ideas of what I can do now, Should I re-send the offer letter to FP? I don't know but I am so worried, please help

[slick132]

I'd send off the SAR without further delay (if you haven't already done so).

 

Also send the offer letter to FP and see how they respond to it.

 

Maybe also enclose with the letter a cheque for the amount you want to pay. It shows you're willing to do your best to at least pay them something.

 

[Myfamily]

Well I decided to call FP and see if they were planning on responding to my offer letter, or if the default notice was their response.

 

They said that now that they have sent the default notice they can't consider reduced payments now.

I told them that the offer letter was sent on 31 Oct and their DN was dated 11 Nov so sounds to me like they sent the DN as soon as they could

so they could not consider our circumstances - she of course denied that this was the case.

 

She said she could nto see the details of my offer letter as that goes to Head office, but asked me to explain the details of it and why we were unable to make full payment,

 

I explained all but als mentioned to her that their interest rates have never decreased but only increased,

she said she would put a note on my account to say that I was un-happy with the interest being charged.

 

She said that after the default notice has expired 2/12 that i twould go to their solicitors and I should contaqct them once I've recieved a letter from them.

 

SAR has gone now.

 

will this put the account on hold for 40 days untill they comply?

[dx100uk]

no sar is not a dispute criteria.

 

but as FP are just coming out with several rubbish quotes

 

[that are all on the phone - you really need to either record there calls - or NEVER phone them]

 

there is no guidelines that even HINT that they are not allowed to make an

'arrangemrnt to pay' once a DN is issued.

 

thats total bowlarks.i think in all this though you need to pay SOMETHING

 

not saying you are but, using all this talking/typing with them

is not an excuse to not continue paying.

 

you just need to crack the sort & account number.

 

let me go have a nose around somewhere.

 

dx

[Myfamily]

Hi DX,

 

Yes you're right, I want to pay something, I'm not trying not to pay, I just want them to understand that this is all I can pay for the time being and it's more than half of what they want.

 

She implied that I MIGHT be able to make an arrangement via their solicitors but i assume this will be the full amount plus extra for arrears which I just don't have

 

But I see light at the end of the tunnel if they can cut me a break for a while, We live near crossrail (significant increase in house prices to come!) eldest son of my partner will be 18 so no more Maintenance payments, that alone will mean that we will be able to afford the full amount again.

 

I'm just scared, I'm desperate to pay them something but I would prefer bank details to sending a cheque.

[Myfamily]

Any Luck with bank details DX, I've looked all over and can't find any!!

 

[dx100uk]

not as such

 

i've asked someone with specialist knowledge with Barclays to pop in though.

 

dx

[slick132]

Hi MF - I think DX is referring to me

 

I have no such info about an account number and sort code for payments. You must surely have something from them with this info though - copy of the DD mandate, details from your bank statements, or something else?

 

Otherwise, try calling them and, without identifying yourself or your a/c, ask for their payment account details so you can make a manual payment.

 

Only don't get involved in discussing your situation like you described above as it'll get you nowhere.