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Claim against Barclays / Firstplus & Elderbridge Ltd

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  • #61
    Originally posted by Halifax71 View Post
    Decided it was time to file my claim after attempting to get the regulators to do their job. Over 5 years the FOS, the OFT, the PHSO, the ICO and the CMA have all considered disclosure of information that would assist me in identifying whether I have been wronged. They have colluded to ensure information that would answer my contentions straight away is not shared, even under the stringent EA241A disclosure legislation. Shocking doesn't quite do this charade justice.

    Anyhow as the published accounts clearly show that the only increased costs incurred by the bank are PPI related, e.g. introducer commissions (69% of total income at inception), whilst everything else, e.g. interest expense & operating costs have plummeted, my claim is a pretty simple one.
    What costs havebeen incurred by the lender, above and beyond those in place at loaninception, that legitimately explain why our loan liability (Capitalplus Interest) over the course of 25 years should be increased.

    The loan book was sold to Elderbridge Ltd in January and neither would admit it was their responsibility to defend the claim at LBA stage - so I've filed against both - let the court decide.

    I've asked for the claim to be considered under, but not limited to, the CCA 140 Unfair Relationships.

    I've included the summary discussions that were disclosed recently disclosed http://legalbeagles.info/forums/show...ight=firstplus
    as this spells out the OFT's initial thoughts, i.e. that it was an unfair relationshipbut then failed to progress that point, and included a brief summary of the accounts over the last 10 years showing the shift in the income activity. Note - only legitimate costs that have an effect on my loan can be passed on to my APR.

    My claim here is for fairness, not to avoid my liability, it always has been, always will be. The bottom line is I'm being made to pay extra due to the banks failed business model which was built in PPI.

    Fingers crossed that I get a decent judge. I've requested, as a minimum, removal of the excess liability, unless legitimate costs are identified.
    Halifax71 how did you get on?

    Comment


    • #62
      Best of luck with this. I had not considered that they were making us pay for our own PPI awards.

      Comment


      • #63
        Hi all,new to site but unfortunately not new to first plus!Had a loan with them since 2001.

        please could anyone advise if I should contact FOS re unfair interest issue or has this all been corruptly and fully covered up and as always the bank wins again?

        Comment


        • #64
          Hi, as of 02/10/18 the FOS were still investigating this issue. Its well over 3 years since I lodged my claim so they are obviously not in a hurry. I was initially allocated to an individual adjudicator who changed every 6 months but they now have a team handling the issue, so if you do lodge a complaint make sure you are allocated to the the MortgageMA18 team.

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          • #65
            I can't think of any down side to you lodging your own case and you might be the straw that breaks the camels back, so please go for it.

            Comment


            • #66
              Ah ok I see.Thankyou for the update.I did keep a close intrest and contributed to the action group funding for court case in 2010 until ruled against, and funding ran dry.
              I just presumed that it was game over due to nobody having the stones to stand up and take on these huge corporations.

              Real credit to all involved this time around and for persisting in whatís so blatantly a Huge cover up!
              I shall be as suggested back on the scent also.I shall be lodging my complaint to FOS today.

              Can anyone shed any light on any recent court case outcomes or imminent proceedings eg Halifax71?

              Comment


              • #67
                My understanding is that there have been some settlements done with FP / Elderfiield and the settlements would be subject to a signed non disclosure.

                This is why those talking with FP are unable to comment on forums.

                Im sure that FP don't want to get to court as a loss to them would result in a queue of claimants and this would cost them millions.

                My view is that rather than wait for someone else to win against FP, we should take their own individual actions and speak to a solicitor regarding the validity of the contract they have and if it is a fair contract under UTCR rules.
                The true measure of economics is not wealth but happiness

                Comment


                • #68
                  First Plus and Elderbridge are a company that i am very familiar with. I cannot comment on individual cases as you will appreciate but there have been some wins in court such as Murphy & Dye . The Unfair Terms in Consumer Contract Regulations and also s140 Consumer Credit Act can be helpful but each case does depend on its own merits
                  I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                  If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

                  I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                  You can also follow my blog on consumer credit here.

                  Comment


                  • #69
                    Originally posted by Marcpotto View Post
                    Ah ok I see.Thankyou for the update.I did keep a close intrest and contributed to the action group funding for court case in 2010 until ruled against, and funding ran dry.
                    I just presumed that it was game over due to nobody having the stones to stand up and take on these huge corporations.

                    Real credit to all involved this time around and for persisting in whatís so blatantly a Huge cover up!
                    I shall be as suggested back on the scent also.I shall be lodging my complaint to FOS today.

                    Can anyone shed any light on any recent court case outcomes or imminent proceedings eg Halifax71?
                    There have been quite a few settlements up to now & growing in number, the FOS is, by its own admission, only a few weeks off a decision on matters raised, mainly, Interest charges.

                    There is also a number of claims being made against the bank in relation to misleading their customers. There is a legal group now setting up a claims site especially dedicated to FP.

                    Comment


                    • #70
                      Very interesting reading! Thankyou all for your time and current state of play update.Best itís sounded in over 10 years thatís for sure.

                      Comment


                      • #71
                        Originally posted by Marcpotto View Post
                        Very interesting reading! Thankyou all for your time and current state of play update.Best itís sounded in over 10 years thatís for sure.
                        You are welcome, please feel free not to give up its not good for you..................

                        Comment


                        • #72
                          Originally posted by Fred View Post

                          You are welcome, please feel free not to give up its not good for you..................
                          Please can you advise who and where to send SAR to for my firstplus loan taken out in 2006?

                          Comment


                          • #73
                            Originally posted by Marcpotto View Post

                            Please can you advise who and where to send SAR to for my firstplus loan taken out in 2006?

                            http://www.elderbridge.co.uk/pages/complaints.html

                            They manage the accounts on behalf of Barclays.

                            Comment

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