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

[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

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

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

the rest ill be intouch with this coming week as for the lender i dont know what to say to them if i ring them and tell them im struggling etc can it go against me ?

[PlanB]

Re: hi i need some urgent help and advice pls

Both you and the lender want to sort this. Repossessing your home and selling it at auction for below market value won't do them any good because the first mortgage company takes the initial proceeds and Harpmanor will be lucky to get the leftovers.

Lenders make their decisions based on balance sheets not spite. Usually as long as the debt is performing (some money coming in) things should trundle along. If you're not making any payments at all then they may take the view they've got nothing to lose if they seize the property.

You've already got a suspended possession order on the house although there are question marks over whether this was lawfully obtained (you say you didn't get the court papers).

I think (as someone who has fought her way out of two repossessions in the last 20 years!) you really need a go-between. Someone wearing a professional hat who will explain the situation to Harpmanor and broker you a deal. LawWorks are great at intervening in this kind of situation and I urge you to pick up the phone and ask them for help. Please.

[PlanB]

Re: hi i need some urgent help and advice pls

There are four LawWorks clinics in Leeds giving FREE legal advice on housing Here's details of one and that should get the ball rolling because they can refer you to another if that's better for your location

http://www.lawworks.org.uk/hillside-legal-advice-centre

[jimmyq]

Re: hi i need some urgent help and advice pls

hi guys only me again is there anything i can write back to fos for them to change their minds as tommorow is my last day anything at all ??

[PlanB]

Re: hi i need some urgent help and advice pls

hi guys only me again is there anything i can write back to fos for them to change their minds as tommorow is my last day anything at all ??

Jimmy I really wish I could think of something but if the FOS has already said that your CCA and your circumstances are outside of its mandate for investigation then I have no suggestions except to contact Shelter to see if you can broker a deal with your lender where they will not evict you and your family

Please contact your local LawWorks clinic for free legal help because I know they will help you

[lookingforward]

Re: hi i need some urgent help and advice pls

Anyone heard anything from Jimmy ?

[jimmyq]

Re: hi i need some urgent help and advice pls

Anyone heard anything from Jimmy ?

hi im still alive as yet just been ringing around try to get some solicitors but its all money up front and well try etc. anyhow fos threw it out of the window been waiting for bblemain to send me a settlement figure but not recieved anything as yet apart from another eviction date 27th september 2012 and if i dont settle my loan by october 2012 ill have another 5% added on to it

[PlanB]

Re: hi i need some urgent help and advice pls

hi im still alive as yet just been ringing around try to get some solicitors but its all money up front and well try etc. anyhow fos threw it out of the window been waiting for bblemain to send me a settlement figure but not recieved anything as yet apart from another eviction date 27th september 2012 and if i dont settle my loan by october 2012 ill have another 5% added on to it

Is this eviction date based on a formal legal warrant from the court or a letter from Harpmanor

[jimmyq]

Re: hi i need some urgent help and advice pls

n54 notice of evition from the courts

[jimmyq]

Re: hi i need some urgent help and advice pls

forgot to mention i got another email from my loving broker who is still in touch 5 years later!!!

A further payment of £940.89 falls due today.
If you didn’t make the payment in August and you miss this one as well your arrears will be £2,783.78 (this is my calculated figure. Harpmanor may differ).
This may cause Harpmanor to re-apply for a new eviction date very soon.
Your redemption statement (sent to you with my e-mail of 09.08.2012 - below) is valid to 11.10.2012 and may now have changed in view of any accrued arrears. Please also note that a further renewal fee of 5.00% will be added if not redeemed on or before 11.10.2012.
Your 6 month bridging loan has now run for 5 years and I very much hope that you are giving urgent attention to paying it off. Please let me know if there is anything at all that we may be able to do to assist you.

[PlanB]

Re: hi i need some urgent help and advice pls

Have you made any payments whatsoever since the suspended possession order ? Do you now have a copy of that court Order ?

[jimmyq]

Re: hi i need some urgent help and advice pls

hi yes ive been making payments as the order was in 2009 and ive also got a copy of it now thanks