Help Needed With Bryan Carter & Co

[WendyB]

Re: Help Needed With Bryan Carter & Co

And I think we should deal with the repo stuff first, that is the most urgent, the PPI is a side issue so to speak, unless we can counter claim it etc.

Silverdell, what does it say on the court papers Eversheds have issued? What's their POC and reasons for seeking repossion order

[WendyB]

Re: Help Needed With Bryan Carter & Co

I am claiming that it was mis-sold,and action has started against Firstplus, which is why I believe they have resorted to this action to reposses my home, at the end of the day they say i am in arrears of £838 I know it is under £425 and even this amount I dispute, l may also add that Firstplus never issue receipts for fund sreceived by them, never issue yearly statements either, the only way to get info is by dsar, and then the info is not complete, I am unale to obtain any loan documents, copy's of telephone calls.

Well they are pretty much stuffed then, IMO. There is bound to be CPR which covers it, and pre-action protocols etc, unless I am completely barking up the wrong tree. They have GOT to provide the info you requested, presumably you've already done SAR etc? If they don't provide it they are in breach of all sorts, which won't look good when it gets to the hearing now will it

[Curlyben]

Re: Help Needed With Bryan Carter & Co

I didn't realise FirstPlus didn't do the yearly statements.
Well under CCA 2006, they CANNOT demand payment while the statement is outstanding.
That includes issuing court action. This applies to ALL financial products..

What's the anniversary of the loan ?

[silverdel]

Re: Help Needed With Bryan Carter & Co

Ok, Eversheds issued a letter on the 16/06/09 stating thta they intended to issue proceedings if arrears of £838.66 not cleared in 15 days, I posted on here,followed advice given,ie disputing amount claimed and informing them of PPL dispute ,also enclosed cheque £420.11, on tuesday last week "letter of thanks for cheque and we are waiting for further instructions", (I started the mis- sellingPPL claim over 2 months ago,) Friday received court papers dated 6/7/09 for repossesion. The statement they enclosed showed no payment received for last month, checked bank and they have not presented cheque, hence the inflated arrears.

[WendyB]

Re: Help Needed With Bryan Carter & Co

What does it say on the court papers you have received?
Until we know what they are saying we can't answer it back, so to speak

[Curlyben]

Re: Help Needed With Bryan Carter & Co

All good for defence there then.

What stage is the PPI dispute at ?
So they know that there is a serious dispute concerning this debt and have clearly chosen to ignore that important fact..

[silverdel]

Re: Help Needed With Bryan Carter & Co

Anniversary of loan is 22/12 yearly.
I should add that Firstplus said that I may have been able to claim retrospectively for the period of sickness but I was unable to provide the information they required, ie gp's letters (£95.00) consultant reports for spouce(£150.00) which is why I was advised to claim under the mis-selling of PPL and stop the claim,especialy as there was no gaurantee of success.
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The court papers state the hearing date 24/08/09, the total arrears of £838.66, the evidence they provided was a statement showing that last payment received was 02/06/09, as previosly stated I paid on 29/06/09 £420.21,which is not shown on statement of fact.
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The ppl claim has been acknowledged by Eversheds and I am still waiting for an official reply from firstplus,the claim is being handled by a firm of solicitors on my behalf.

[WendyB]

Re: Help Needed With Bryan Carter & Co

Can you scan in and copy their statement of fact? And when are the court papers dated?

[silverdel]

Re: Help Needed With Bryan Carter & Co

Statement of Fact, Failed to maintain payments in accordance with loan agreement of £420.11 pcmand as at 16/07/09 arrears are £838.66
12/09 amount due (0) amount paid £420.11 arrears 418.55
03/04/ .. .. (0)as above
02/06 amount due (0) amount paid £420.11 arrears £838.66

In my original letter i asked where may payment was, they say not received( bank statement says not presented) also they have not presented payment made on 29/06/09 which would have brought thealleged arrears back to 418.55.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Wendy, I am sorry I can not scan the court papers, iv'e tried at least a dozen times but no success

[enaid]

Re: Help Needed With Bryan Carter & Co

Have you tried getting your papers on here through Photo bucket

Register for free at Photobucket.com

[silverdel]

Re: Help Needed With Bryan Carter & Co

Claim form for
ossession of
property

In the

Taunton County Court

Claim No.
Claimant
(name(s) and address(es))
First Plus Financial Group Pic
The Avenue Business Park
Pentwyn
Cardiff
CF2 7HE
Defendant(s)
(name(s) and address(es))
Mr
Taunton
possession of:

which (includes)

$XXXXXX)©W($)Q residential property. Full particulars of the claim are attached.

(The claimant is also making a claim for money).
This claim will be heard on:

at
at
Taunton County Court
Shire Hal!
Taunton
At the hearing

TA1 4EU

• The court will consider whether or not you must leave the property and, if so, when.
• It will take into account information the claimant provides and any you provide.
What you should do
• Get help and advice immediately from a solicitor or an advice agency.
• Help yourself and the court by

filling in the defence form and coming to the hearing to make sure the court

knows all the facts.
Defendant's
name and ;

:

address for
service
Court fee
Solicitor's costs
Total amount
£ 150 .00
£
£ 150. 00
Issue date

K im
NS Claim form for possession of property (08.05) © Crown. Copyright 'Laserfoim International 8/05

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IN THE TAUNTON COUNTY COURT CLAIM NO:
BETWEEN:
FIRST PLUS FINANCIAL GROUP PLC
Claimant
-and-
\ isBs3? AJ
MR
Defendants
PARTICULARS OF CLAIM FOR POSSESSION
1. The Claimant has a right to possession of
About the mortgage
2. On 18th December 2003 the Claimant and the Defendants entered into a mortgage of the
above premises.
3. To the best of the Claimant's knowledge the following persons are in possession of the
property

4. Account Number 827641: The agreement for the loan secured by the mortgage is not a
regulated consumer credit agreement.
5. The Claimant is asking for possession on the following grounds:
The Defendants have not paid the agreed repayments of the loan and interest.

See attached Schedule

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6. (a) The amount loaned was £38,000.00
(b) The current terms of repayment are:
Account Number: 827641
£420.11 each month.
(c) The total amount required to pay the mortgage in full as at 12th July 2009
Account No: 827641 £35,072.87
taking into account any adjustment for early settlement. This includes £363.62 payable for
solicitor's costs and administration charges.
(d) The following additional payments are also due under the terms of the mortgage: None
(e) Of the payments in paragraph 6(d), the following are in arrears: None
(f) Interest rates which have been applied to the mortgage:
Account Number 827641
(i) at the start of the mortgage 9.20% p.a.
(ii) immediately before any arrears were accrued 9.20% p.a.
(iii) at the start of the claim 10.30% p.a.
7. The following steps have already been taken to recover the money secured by the mortgage:
• The Claimant has confirmed that they have complied with the Pre Action Protocol.

• Satisfactory proposals to clear the outstanding arrears have not been made.

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About the Defendants
8. The following information is known about the Defendant's circumstances
• The employment status of the First Defendant is unknown.
• The employment status of the Second Defendant is unknown.
• The Defendants are believed to reside at the premises.
9. There is no one who should be given notice of these proceedings because of a registered
interest in the Property under section 31(10) of the Family Law Act 1996 Or Section 2(8) Or
8(3) of the Matrimonial Homes Act 1983 Or Section 2(7) of the Matrimonial Homes Act
1967.
Tenancy
10. Not Applicable
What the court is being asked to do
11. The Claimant asks the court to order that the Defendants:
(a) give the Claimant possession of the premises;
(b) pay to the Claimant the total amount outstanding under the mortgage.
Statement of Truth
* The Claimant believes that the facts stated in these Particulars of Claim are true.
* I am duly authorised by the CMimant to sign this statement.
Signed: /£/ {[(J^/T^C Date: 9th July 2009
Full Name: Alaina Hatton
Name of Claimant's Solicitor's firm: Eversheds LLP

Position or office held: Legal Assistant

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Claimant: FIRST PLUS FINANCIAL GROUP PLC
Account Number: 827641
Borrower(s) : MR
Due Date Amount Due(£) Amount Paid (£) Arrears Balance (£)
12-Mar-2009 0 420.11 418.55
03-Apr-2009 0 420.11 418.55

02-Jun-2009 0 420.11 838.66


EUREKA !!!!! I'Ve scanned the documentsssssss!!!!!!!!!!!!!!!!!!!!!!!!!!

[WendyB]

Re: Help Needed With Bryan Carter & Co

So, this is a mortgage, and they are stating it's not covered under CCA. Is this the main mortgage on your house, or a second charge on the property?

I can't see anywhere where it states the amount of arrears?

[silverdel]

Re: Help Needed With Bryan Carter & Co

Its a second charge on my home and the arrears ar the last figure £838.66, here is a copy of the letter i sent to them together with the cheque they still hold but have not presented.
Your Ref: 8/FPE/291/3865
Account No: 827641


Dear Ms Lloyd

I refer to your letter dated 24th June 2009, in which you acknowledge receiving the cheque for £420.11 on the 2nd of June ’09. I can therefore presume that my indebtedness to your client is now £420.11, a further print out of my account showing the above payment included should surely be provided to me.

I also see from your letter that your client is in receipt of my formal complaint regarding the the miss-selling of PPL insurance, surely this has an overall impact on any alleged debt to your client.

I have passed your letters and letters received from your clients on to the solicitors acting on my behalf to deem whether the action being taken at this time is not both UNLAWFUL and VEXATIOUS.

I will, if necessary, complete an Income and Expenditure Form however I draw your attention to the previous paragraph. With regard to paying by Direct Debit I would refer you to your client’s previous infringements of the Direct Debit Guarantee when they were forced to repay me.

Unless some formal document can be provided by your clients that states they will only take single payments on or after the 2nd of the month, I will continue to pay by cheque.

I have enclosed a cheque today for £420.11, you will note that the cheque is dated 01/07/09 this is Junes payment, this is if course to stop me incurring bank charges, and also offers an explanation as to why the payments are always made after the end of the month preceding.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by you is made in writing only to the above address, if a reply is needed, a stamped address envelope must be enclosed. Telephone calls will not be accepted and viewed as harassment.
I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully
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[silverdel]

Re: Help Needed With Bryan Carter & Co

Hi Guys, Has anyone come up with any advice that can help me? or is the site still having problems?