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First Plus/ Elderbridge Suspended Reposession Order and Divorce

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  • First Plus/ Elderbridge Suspended Reposession Order and Divorce

    Dear All, I don't know where else to turn and hope someone can guide me to further help. I had a repossession hearing in Sept 2012 with First Plus for a nasty secured loan taken out in Dec 2005 to consolidate debts (2/3rds my ex husbands and 1/3rd mine) I had left my husband in August 2009 and got no help with the mortgages or child support. The judge suspended the order and I had to pay arrears spread over remaining term £600 a month) within 6 months I realised there was no way I could meet basic living costs for me and my children whilst paying that amount to first plus so I stopped paying both 1st and 2nd mortgage and moved into rented in July 2013 and when first plus's collection agents called I told them I had left and to Reposess the house!

    Suddenly they could now accept £147.50 a month and I have been paying that ever since with no contact/ no statements/ no hassle. I rented the house out till last February and returned to it in November 2015. In January 2016 I got a letter from Elderbridge saying they have taken over from first plus. I am still paying £147.50 a month. I am on income support, full child tax credit and support for my mortgage interest with NRAM and the secured debt is coming down on my credit file. My concern is that one day Elderbridge might use the suspended Reposession order that I've breached to evict me. I'm keeping up with my 1st mortgage and slowly chipping away at their arrears. I left my husband in 2009 after finding evidence he had used credit cards to gamble amongst other things.

    I want to keep my house. I have 3 children aged 1-9. I want to break free of my ex husband and Elderbridge but do not want to open a can of worms by contacting them. My ex husband is suffering from mental health problems. He has always been a head burier in the sand. He persuaded his elderly parents to mortgage their house and they gave him £110,000 in 2010 which he blew. I think this was ment to pay first plus off. I am not looking to wriggle out of paying my debt off, I just want treating fairly, want all the facts about him taking into account and want to not panic everytime a van pulls up outside that it's bailiffs coming to repossess me. My parents want to help me out but they dare not while I'm tied to my ex still as they could be wasting their money.

    My ex still has £60k personal debt (I have very minimal now) he lives in a 1 bed flat, he spends huge sums on smoking/drinking/ probably still gambling then borrows money off me at the end of the month. My divorce lawyer isn't interested in my case ( I'm sure its not financially viable for her) and has gone on for so many years, my ex never got a lawyer and rarely responds to my lawyers letters so I am between nisi and absolute. I would be really very grateful to hear what anyone thinks is a good way forward. House is in negative equity still and first mortgage is NRAM interest only. Rents are rocketing and I want to keep this house, I've been fighting since 2012 and have kept it this long. Any questions please ask. Sorry this got long ��
    Last edited by Kati; 22nd April 2016, 14:54:PM. Reason: paras/spacing :) xx
    Tags: None

  • #2
    Re: First Plus/ Elderbridge Suspended Reposession Order and Divorce

    Originally posted by Stillfighting76 View Post
    Dear All, I don't know where else to turn and hope someone can guide me to further help. I had a repossession hearing in Sept 2012 with First Plus for a nasty secured loan taken out in Dec 2005 to consolidate debts (2/3rds my ex husbands and 1/3rd mine) I had left my husband in August 2009 and got no help with the mortgages or child support. The judge suspended the order and I had to pay arrears spread over remaining term £600 a month) within 6 months I realised there was no way I could meet basic living costs for me and my children whilst paying that amount to first plus so I stopped paying both 1st and 2nd mortgage and moved into rented in July 2013 and when first plus's collection agents called I told them I had left and to Reposess the house!

    Suddenly they could now accept £147.50 a month and I have been paying that ever since with no contact/ no statements/ no hassle. I rented the house out till last February and returned to it in November 2015. In January 2016 I got a letter from Elderbridge saying they have taken over from first plus. I am still paying £147.50 a month. I am on income support, full child tax credit and support for my mortgage interest with NRAM and the secured debt is coming down on my credit file. My concern is that one day Elderbridge might use the suspended Reposession order that I've breached to evict me. I'm keeping up with my 1st mortgage and slowly chipping away at their arrears. I left my husband in 2009 after finding evidence he had used credit cards to gamble amongst other things.

    I want to keep my house. I have 3 children aged 1-9. I want to break free of my ex husband and Elderbridge but do not want to open a can of worms by contacting them. My ex husband is suffering from mental health problems. He has always been a head burier in the sand. He persuaded his elderly parents to mortgage their house and they gave him £110,000 in 2010 which he blew. I think this was ment to pay first plus off. I am not looking to wriggle out of paying my debt off, I just want treating fairly, want all the facts about him taking into account and want to not panic everytime a van pulls up outside that it's bailiffs coming to repossess me. My parents want to help me out but they dare not while I'm tied to my ex still as they could be wasting their money.

    My ex still has £60k personal debt (I have very minimal now) he lives in a 1 bed flat, he spends huge sums on smoking/drinking/ probably still gambling then borrows money off me at the end of the month. My divorce lawyer isn't interested in my case ( I'm sure its not financially viable for her) and has gone on for so many years, my ex never got a lawyer and rarely responds to my lawyers letters so I am between nisi and absolute. I would be really very grateful to hear what anyone thinks is a good way forward. House is in negative equity still and first mortgage is NRAM interest only. Rents are rocketing and I want to keep this house, I've been fighting since 2012 and have kept it this long. Any questions please ask. Sorry this got long 
    Just making some highlights initially.

    Comment


    • #3
      Re: First Plus/ Elderbridge Suspended Reposession Order and Divorce

      Originally posted by Openlaw15 View Post
      Just making some highlights initially.
      A Suspended Possession Order means you must keep paying your mortgage/s or you can be evicted without a further court hearing. First Plus had the Order of Possession against you. If someone has an order of possession, you can ask the County Court judge for a 'stay' (stay of execution, i think it's called), ie delay the suspended possession order a bit longer. First Plus transferred the mortgage to Elderbridge but unless Elderbridge are agents for First Direct, am not sure whether Elderbridge can respossess you or whether they require an Order of possession, or Order of Sale. Look at your property's land register to see what interest Elderbridge has.

      After your divorce: The law is that everything will be split 50/ 50. Is the property in joint ownership, ie your and your husband's name are on the mortgage? As the property is in negative equity it's not worth selling right now.

      Comment


      • #4
        Re: First Plus/ Elderbridge Suspended Reposession Order and Divorce

        Elderbridge would have to apply to the courts to assign the order in their name. They normally can not apply directly for a warrant until six years has elapsed from the original order that has been breached.

        The process as I understand it is, they would apply to have the order enforced & there would be a hearing were both parties could plead if necessary.

        Elderbridge are now legally responsible for all Firstplus loans & they have the same rights as Firstplus would have had.

        Comment


        • #5
          Re: First Plus/ Elderbridge Suspended Reposession Order and Divorce

          Have you tried the Financial Ombudsman at any stage in your battle with Firstplus or Elderbridge ?

          It concerns me that you are not aware of the "deal" you have with Elderbridge, what is racking up on the account given they accepted lower payments, have they suspended interest for you ?

          Comment


          • #6
            Re: First Plus/ Elderbridge Suspended Reposession Order and Divorce

            Hi, thanks very much for the responses. I have had no paperwork from first plus from the day I saw them in court in October 2012. I was dealing with a company called credit solutions. I noticed on my experian credit file that the debt is coming down by £147.50 a month. From the Elderbridge paperwork I note there are 3 companies involved, one with a legal interest, one with an equitable interest and one to do the day to day servicing. I will apply to land registry to see if my title has changed. I am joint tenants on the property. I called Elderbridge in January to ask them if I should still pay debt solutions or if I needed to pay them directly. The call centre operative though very sweet was clueless! I note on my bank account the direct debit to credit solutions now shows as Elderbridge though I had no letter regarding a direct debit transfer. Thanks x

            - - - Updated - - -

            Ps no I've never gone to ombudsman, I was confused who to write to and was under impression over £25k secured loan was unregulated and don't I have to complain to company first?

            Comment


            • #7
              Re: First Plus/ Elderbridge Suspended Reposession Order and Divorce

              Hi Stillfighting76

              You could explore this
              https://www.gov.uk/county-court-judg...y-the-judgment

              Probably best via CAB or a Law Centre.

              If you are on low income, court fees may be waived via an EX160
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment

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