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

[PlanB]

Re: hi i need some urgent help and advice pls

The FOS has given you a deadline of 4th September to respond so let's see if there's anything we can come up with before then. Sadly I can't can't think of any reasons to challenge the decision (it's outside their remit) but others on this site may help

Have you been in touch with Shelter about the potential Eviction issue? And have you contacted LawWorks to get a referral to the Bar Pro Bono Unit as suggested?

Most importantly have you been keeping your lender (Harpmanor) abrest of your circumstances in the hope that you can negotiate your way out of this ?

[jimmyq]

Re: hi i need some urgent help and advice pls

i recieved the letter of fos today saying

I understand you complaint is about unfair charges harpmanor has added to your secured loand and redemption figure

Harpmanor has given us reasons why we cant consider your complaint.ive now looked into the subject and i am sorry totell you the it does'nt appear we can look at this further

we are not free to look at every complaint we recieve because the fsa sets the rules for complaint handling. these rules set out exactly which complaints we cant consider

Harpmanor is not regulated by the FSA but it lends money under a consumer credit license. this means we can onlu consider a complaint it the loan was set up under an agreement by consumer credit act

When you took out your loan in 2007 the limit for regulated consumer credit lending was £25000 as yours was £105k its over the consumer credit act limit

its not that i dont want to consider your complaint its just the rules we work to dont allow it

i know this is not the outcome you were hoping for but if theres anything im missing please let me know by 4th september 2012

As we explain in our leaflet you have the right to ask an ombudsman to review the opinion that the complaint cant be considered. But if we dont hear from you by 4th spetember 2012. we will assume you dont want to pursue the complaint further

Adjudicator



is there anything else i can try with these lot ?? its not looking good ?

[PlanB]

Re: hi i need some urgent help and advice pls

There are two things going on here. You need to stabilise the situation with your lender to prevent any more eviction notices and Shelter can help you do that. And/or get the CAB to read and interpret that suspended possession order and advice on (a) whether it was lawfully obtained (you said you never went to court), and (b) whether you can vary the terms etc.

The second thing is to establish whether you have been overcharged fees, interest and penalties by Harpmanor which is a much more complex legal issue.

All I can add to this is that even if you have to sell up and redeem the loan that won't stop you claiming back any overcharging by the lender afterwards

If the FOS won't look at your complaint then that'll be because it's an agreement which is unregulated by the FSA or by anyone else for that matter

[jimmyq]

Re: hi i need some urgent help and advice pls

Wow I didn't even need my glasses to read that last post

You can get a referral to the Bar Pro Bono Unit from your nearest LawWorks clinic - I work in one so I know it's true I think I may have posted up this info before but here it is again

http://www.lawworks.org.uk/help-for-individuals

sorry i just copied and pasted it straight over ...lol

[PlanB]

Re: hi i need some urgent help and advice pls

Wow I didn't even need my glasses to read that last post

You can get a referral to the Bar Pro Bono Unit from your nearest LawWorks clinic - I work in one so I know it's true I think I may have posted up this info before but here it is again

http://www.lawworks.org.uk/help-for-individuals

[jimmyq]

Re: hi i need some urgent help and advice pls

All of our cases are referred to us by advice agencies or solicitors.


An example of an advice agency is a :

• Citizen Advice Bureauor
• Law Centre or
• Your local MP

For more information on where to find an advice agencies click here

IMPORTANT NOTE:
WE CANNOT ACCEPT APPLICATIONS UNLESS THEY COME VIA A REFERRER; AN ADVICE AGENCY, LAWYER, MP OR SIMILAR

?

[PlanB]

Re: hi i need some urgent help and advice pls

Here's how to contact the Bar Pro Bono Unit direct without waiting for your MP to help

http://www.barprobono.org.uk/?cID=154

[jimmyq]

Re: hi i need some urgent help and advice pls

hi just an update the fos have got back to me today via telephone and said its out of their jurisdiction and also harp manor have told them they cant deal with this issue so im now back to square one

ill get my mp to refer me to Bar Pro Bono department or try find a solicitor willing to take this case on as im sure there must be something that can be done

[Paul.]

Re: hi i need some urgent help and advice pls

Sorry, were moving office, and to top it all its my first born's birthday tomorrow. I have had to rely on my internet at home for work purposes and its a nightmare to try and spend time sat at the PC when the family are expecting me to spend time with them in the evening.

My parents have just moved over 400 miles away from us too, so its been utter chaos.

I recall receiving the agreement but i dont remember anything standing out at me as being inherently bad. I would suggest speaking to either Shelter or seeking pro bono assistance from the Bar Pro Bono department.

[vint1954]

Re: hi i need some urgent help and advice pls

And what does Paul make of all this since it looks like Jimmy's days are numbered when/if the bailiffs turn up at his home any time soon

Paul is somewhat tied up at the moment.

[PlanB]

Re: hi i need some urgent help and advice pls

Duly sent to Paul.....

And what does Paul make of all this since it looks like Jimmy's days are numbered when/if the bailiffs turn up at his home any time soon

[Never-In-Doubt]

Re: hi i need some urgent help and advice pls

hi yes i did

Duly sent to Paul.....

[jimmyq]

Re: hi i need some urgent help and advice pls

Jimmyq,

I have just read back through your thread.

Have you sent your agreement to Niddy?

hi yes i did

[helmsman]

Re: hi i need some urgent help and advice pls

thats the problem mate i cant find a decent solicitor whos dealt with cases like this before. Was told Paul is good but hes busy as yet. i cant afford to pay solicitors who have not dealt with something similar before as alot of them want to have a go but have no previous cases or dealing like this. Ive paid a few solicitors just to assess the situation then tell me they can try but are unsure etc. i dont mind paying a reputable company if they believe i have some sort of leg to stand on here.

I dont fancy paying more solicitors just charge me to look at my agreements etc . then tell me we are unsure or we can try this that the other. if a firm can tell me we have such and such grounds and theres a chance we can win or reduce the fees etc im ready to go with them but where i live alot of them have never dealt with cases like this.

i even approached and gave all my paperwork to Cartel Client Review last time who have dealt with blemain/harpmanor and won the Peter Bentley case but sadly for me they went bust!

so i dont know who to approach as i dont mind paying but mind wasting money i dont really have

i tried the shelter links you posted and they gave me some other contact details who ive approached and waiting for them to get back to me

thanks

Hi,
This maybe to late as the possession order is already been granted but we went to court for a possession hearing and we were expecting to lose our case and lose our home but in our local court on a Wednesday when housing issues are dealt with there was a free solicitor available to help anyone who asked for help, we saw her showed our defence she got us an adjournment re wrote our defence that was 2010 we are still in our home we have I believe just won our case with the FOS waiting for it to be confirmed, so what I am saying is check your local court see if there is a free solicitor and ask for help maybe to late but worth a go.
Best of luck.

[vint1954]

Re: hi i need some urgent help and advice pls

Jimmyq,

I have just read back through your thread.

Have you sent your agreement to Niddy?