Firstplus Via Court order and settlement figure

[twilson]

In 2008 we were sent a Order for POssession of our property. We went to court, FP did not turn up or there Solicitors Eversheds.
The order stated that the judgement balance outstanding of £66,513.39 would not be enforced as long as we paid an additional 50.00 per mth to monthly payment. So since 1st February 2008 we have paid £598.47 at month.
We asked for a settlement figure in April this year to close the account and 8 years of statements we received the statements 3 weeks ago which say o/s balance is £6,809.66.
We then rec'd a separate letter saying balance o/s is £6,809.66 but interest charges of £27,500 have to be added to give. Closing balance of £33,511.00.
We have disputed this and said under the Court order the balance stated didn't say interest would be added. They got Eversheds to send us a 2 lined letter saying balance is £33,511.00 and nothing less.
My question is how can they charge interest when it's not mentioned on the court order
Thanks

[Fred]

Re: Firstplus Via Court order and settlement figure

Firstplus typically take or present to the courts the payment history only. If there are payments missed then that is what they base their actions on.

They list your outstanding balance on the amount borrowed minus what you have paid.

When you have paid back the amount initially loaned they then take the monies paid off the interest calculated on your account over the contract term. This is variable & can change at their own will if you have a variable rate contract clause.

[twilson]

Re: Firstplus Via Court order and settlement figure

So are you saying that. Court order with a outstanding balance which a judge enforced can still be altered by Firstplus
Surely if Firstplus wanted a outstanding balance of £66,513.99 plus interest plus solicitors fees this should have been included in the order.
So now they have given a balance o/s of just over 6k plus 27k in interest I have to pay are they not in contempt of court by not asking for this in the Firstplus.
Can I ask my solicitor just to pay the 6k and tell them if they want interest they would need to take me back to court?

[Fred]

Re: Firstplus Via Court order and settlement figure

So are you saying that. Court order with a outstanding balance which a judge enforced can still be altered by Firstplus
Surely if Firstplus wanted a outstanding balance of £66,513.99 plus interest plus solicitors fees this should have been included in the order.
So now they have given a balance o/s of just over 6k plus 27k in interest I have to pay are they not in contempt of court by not asking for this in the Firstplus.
Can I ask my solicitor just to pay the 6k and tell them if they want interest they would need to take me back to court?

You give little to work on but, It reads like you had an order for possession suspended based on clearing the the default or outstanding balance plus your normal payments either over the contract term or what you may have proposed to pay it off sooner.

The contract if it is "variable" then the interest would/could change pending any notified increases but is not bound by the "order" unless it specifically states so.

[twilson]

Re: Firstplus Via Court order and settlement figure

The order was suspended because Firstplus didn't turn up and on the grounds were paid an additional 50 per mth to the normal monthly payment which we have done. It's says the judgement for the outstanding balance of 66.513.99 will not been enforced
Since the order in 2008 we have stuck to the payments won at PPI rebate of 6k which was agreed to be taken from the 9k arrears.
The statements they have sent show o/s balance of 6,809.66 and they say interest hasn't been added to the account since in defaulted.

[Fred]

Re: Firstplus Via Court order and settlement figure

Am not sure what it is you need to know please ?

[twilson]

Re: Firstplus Via Court order and settlement figure

If you don't understand what I'm asking please do not respond if you have no knowledge of court orders and what the judge says. I am clearly asking once a judgement is entered by way of a court order why is the lender then allowed to charge interest if it wasn't listed on the possession order

[Fred]

Re: Firstplus Via Court order and settlement figure

If you don't understand what I'm asking please do not respond if you have no knowledge of court orders and what the judge says. I am clearly asking once a judgement is entered by way of a court order why is the lender then allowed to charge interest if it wasn't listed on the possession order

The information you have supplied makes it difficult to make any informed opinion/decision let alone conclusion, thank you for your opinion & best of luck with the said company.

[twilson]

Re: Firstplus Via Court order and settlement figure

I have provided you will all the information which is clear and as per court order.
You clearly don't have a understanding of court order. I have found a feed from 2011 which gives a clear point on Firstplus/Eversheds and court orders and that it would be contempt of court now if interest wasn't added on the order at the time

[wales01man]

Re: Firstplus Via Court order and settlement figure

If you believe its contempt of court get onto the court first thing in the morning a serious accusation needs addressing ASAP