hi i need some urgent help and advice pls due to be evicted

[cymruambyth]

Re: hi i need some urgent help and advice pls

I think Paul may have a trial starting this week.

[PriorityOne]

Re: hi i need some urgent help and advice pls

Jesus.... that's a heap of admin. costs!!!! I can't see how they'd be able to justify those if put to proof!!!!

If this was pre-court, I'd be challenging them as part of a formal complaint for starters..... but it's not, so your priorities are different. You need a legal brain on this to deal with the Possession Order that they already have.

We really do need Paul on this one..... where is he?!

[jimmyq]

Re: hi i need some urgent help and advice pls

also just thought id mention again i made a complaint to harpmanor and they wrote back to me saying they will deal with it within 8 weeks but instead they wrote back to me 4 months later .

it was after this i approached the fos

[jimmyq]

Re: hi i need some urgent help and advice pls

here are some settlement figures they sent me with the latest one which is valid till august 11 2012

[Never-In-Doubt]

Re: hi i need some urgent help and advice pls

The OFT will not do anything as they do not investigate complaints from consumers, the FOS must be your first port-of-call but you don't have recourse to this until you have first formally complained to the actual financial service that you're pissed with.

In essence, your hands are tied until such time you actually formally complain to the lender direct, however that said if they're pushing for court then why not consider a tomlin order, which would at least set out the repayments at the start? So long as you keep to them then 'job's a good un' - PLUS as the court set them, this stops the lender taking the proverbial.

Just some thoughts, haven't kept up to the thread due to the last few pages of rambling, however if you are able to summarise in brief bullet point that'd be useful.

* side note to other posters here/ This isn't about right, wrong or indifferent - all avenues are open to the OP and thus whilst I appreciate that some of you are trying to help I must insist that this childish behaviour in public stops or I will start to ask mods to wipe posts and issue warnings. We're not a childish forum and I am sick of reading all this me, me, me nonsense. Collectively we try and help people, that means nobody is right and nobody is wrong.

[PriorityOne]

Re: hi i need some urgent help and advice pls

Jimmy.....they all seem to be in bed together and blinding you with fluff (as suggested in a previous post), so you need to watch your step before writing to the OFT.... I'm not happy with them using first names to address you either. I noticed you referred to the chap at Crystal Mortages by his first name, so have assumed it's visa versa. This implies trust.... which is a huge misconception.

Personally, I would hold back on involving the OFT until Paul/Niddy have advised on the Agreement.... as the outcome may involve a different approach to this entirely. I understand that you are anxious to make progress with this but it's important to take the right steps in the right order and for now, Paul/Niddy are the only guys who're in a position to guide you forward.

[PlanB]

Re: hi i need some urgent help and advice pls

Ask Shelter whether you could apply to the court for a Time Order. This is when the court can effectively re-write the terms of your loan on interest rate and length of repayments It's somewhere in this link:

http://england.shelter.org.uk/get_ad...court_can_do#5

[mgfboy]

Re: hi i need some urgent help and advice pls

I think Fos would look at the case

this gives some cases one which might apply here.

http://www.financial-ombudsman.org.u...-contracts.htm

[PlanB]

Re: hi i need some urgent help and advice pls

Hey, if I don't give up then you don't give up

We're working our way through every possible avenue one step at a time

I do think a call to that Shelter Helpline in an effort to halt any more eviction attempts would be wise. If push comes to shove you want to be in control of the sale of your home

[jimmyq]

Re: hi i need some urgent help and advice pls

its interest only i dont think they will manoevre as they have me by the b*lls

[PlanB]

Re: hi i need some urgent help and advice pls

i cant really afford to keep paying £910 a month was meant to pay this month again not paid got another letter through today reminder ill just add it to the rest of them

Is the loan an 'interest only' loan or are you paying down the capital too? There may be room to manoevre if you get it changed from one to the other

You've probably noticed that I don't like to give up

[PlanB]

Re: hi i need some urgent help and advice pls

First things first,

Consumer Credit Licence

If the lender is unlicenced when it lends money then it is not able to enforce an agreement made at that time and furthermore it is left needing the authorisation of the OFT to be allowed to enforce.

I would need to know a bit more about the lender to carry out a search.

Turning to the loan, it sounds to me very much like irresponsible lending here if im understanding it rightly.

I've checked the OFT Register and Harpmanor Ltd (the lender) has held a Consumer Credit Licence (0187588) since 1986 and I can't see any gaps in the renewal history (in case the loan was granted during a lapse)

So unless there's anything found to be wrong with the wording etc of the credit agreement that may only leave 'irresponsible lending' as an argument to look at

I'm not sure how to progress another argument of Unfair Relationship in this situation but someone else might . . .

[PlanB]

Re: hi i need some urgent help and advice pls

Sorted Perhaps we'll all stop mentioning Blemain so as not to mess with my head anymore

I'm not qualified to comment on your credit agreement with Harpmanor Ltd, so wait for Paul or Niddy to respond to the agreement you've already emailed them (send a PM if it's gone quiet). But those look like generic Ts & Cs which cover all bases and general potential legislation some of which may/may not be applicable to you. If the amount borrowed was £105k it was unlikely that the agreement was covered by the Consumer Credit Act Wait and see what's said by others.

I've just made a quick 'mystry shopper' call to Crystal Mortgages to see what they do. I spoke to an underwriter direct and he was clear that they only provide commercial loans for commercial purposes (you bought land). Security is always required and the applicant's home is (obviously) acceptable but that doesn't mean it's a residential mortgage which would be regulated by the FSA. If this is the case with your loan then I don't believe the FOS will investigate your complaint (if the product isn't regulated by the FSA). In fact I don't know who would

Any ideas anyone

[jimmyq]

Re: hi i need some urgent help and advice pls

do you think i should forward all the emails from crystal mortgages to the fos ? or can anyone suggest what to write to them i need to make the case stronger before they decide they cant do anything etc ?

once again thanks for your help guys

[jimmyq]

Re: hi i need some urgent help and advice pls

And the name of the Claimant on the repossession order is . . .

harpmanor limited