I called Blemain yesterday regarding their failure to provide a breakdown of charges and supply me with their complaints procedure. I spoke to their aggressive and appalling Collections Manager who told my husband that they were going to throw us out of our house next week. We told him that they had to follow the correct legal procedure and that they hadn’t notified us. He told us that they could do what they liked and that he didn’t have to write to us. He told us that they could just turn up and didn’t have to give notice. We told him that the eviction date related tour 1st Mortgage, not them and that this was being deferred and sorted. He told us that we were talking rubbish.

We today visited the bailiff who told us that they didn’t have an eviction date and that it did indeed relate to the first mortgage. He told us that Blemain had called him and asked for us to be evicted next week. He told them that they had to apply for a warrant and wait approximately 4 weeks (they applied to the wrong court). They weren’t happy with this and asked for it to be executed at the same time as the first lender – even he was appalled. He told them not to bother to turn up as they had no jurisdiction. I am so angry at their tactics and will make it my mission to make them pay. The FSA have lodged a complaint about their conduct and unlawful tactics, Trading Standards told me to call the police and the FSA also told me to call the Ombudsman about their behaviour, which I will do tomorrow. I am also going to meet my MP about these bullies and have lodged a complaint with Cheshire Mortgage Corporation

Any advice on their tactics?

I know when timing becomes critical that there is a temptation to use the phone. Try to avoid it as anything can be said over the phone that would not

be put in writing. But once you have it on paper, your case becomes stronger.

So only ever write to these people.

In order to establish what was said on the phone yesterday, you could try writing to them restating what the Collections manager said and pointing out

that you maintain that legally they have to observe the proper procedures.

And ask for their comments. Do not mention your conversation with the bailiff

company to them, nor that you are involving the FSA TS etc etc.

Where a phone conversation has taken place, it is often helpful to follow up with a letter along the lines of:

I refer to my telephone conversation with XXX of (date). My understanding of the conversation is that XXX stated that Blemain are not obliged to comply with the law and intend to 'have us thrown out' of our house next week. I would be grateful if you could clarify your position in writing in case I have misunderstood.

Hello there, can I just confirm that this is for your mortgage? or is it a secured loan?

I'm really keen to help you but I would like to know the facts so I can help you to the best of my abilities.

Thanks.

David.

also, have you been to court over the arrears at any time?

Hi Sequenci

It relates to a secured loan. My husband got into arrears, didn’t tell me and apparently they went to court and got a CCJ. We were recently remortgaging but the new mortgage didn’t completely cover the 1st mortgage and secured loan because of the ERC and collection costs. Blemain refused the deed of postponement even though most of then loan remaining with them would be charges. Their reason given was account conduct and this is stopping us from progressing. Basically Blemain have threatened us with eviction when they had not followed a process. We have asked for a transcript of the call.

You should try to get the CCJ set aside. Was it acknowledged or defended?

Knowing my husband, he ignored it

Are you sure it is a CCJ for a secured loan? it should be a suspended possession order. Please find out ASAP and get back to me. Also, have you sent them a SAR?

Apologies about my posts earlier, my pc was playing up.

They have definately told me on more than one occasion since I have become involved that it is a CCJ

I haven't sent a SAR yet but will do today as I am making an official request for all data protection stuff, record of call and justification of collection costs via Cheshire mortgage Corporation and will ask for their written opinion on what I was told by the Collections Manager.

They have definately told me on more than one occasion since I have become involved that it is a CCJ

well it is a county court process, the same as obtaining a money judgment. it's just that the process for repossession for secured lending is very different from enforcing an unsecured money judgment. if it IS a secured loan then previously i would imagine the court has agreed to a suspended possession order on terms that you meet the contractual payment of the loan agreement plus something towards the arrears.

if this agreement has been breached then you will need to apply to the court for another suspended possession order on the n244 form.

you did mention that the wrong court was used to perhaps the mortgage lender has used an incorrect court process. it could be worth calling the court and finding out what the score is.

Following our conversation Monday, it appears that he checked his facts and found that we were right. They had applied for a warrant (in the last week) as we checked with the courts, but had applied to Liverpool. The application has therefore got to be transferred and they have to wait 4 weeks, so he stamped his feet and said that he wanted us out. I will pay the arrears to stop this but I am confused as they never mentioned a suspended possession order, just a CCJ. It is vital that I get all documents asap and challenge them. I just can’t believe their vindictiveness.

it sounds like a right nightmare. how much was the original loan for by the way?

knowing blenheim they are a shower ob (edit my own language)but they will try every dirty trick in the book ,you must get some recording eqipment and record all conversations with these ****,when eventually i have my operations i intend bringing a serious claim against them ...so hang in their google blenheim and keep a full detailed record of everything said ,its a shame your hubby did not take them seriously had he been on here a month or so before he would now be in a position to do something and releive some of the stress on you,but dont worry on here you will get the best advice in this forum but you must act quickly good luck

patrickq1

Thanks to everyone for your help. I am pretty depressed at the moment. My husband is the type to bury his head in the sand and there has been no need to cause this. I am on annual leave and it's unbearable.

The original loan was 34 (they want 43) and another loan was taken out for 5 (they want 8) These were taken out in response to another mess he had got us into. He admits that he can't handle any financial responsibility and I will have to make sure that he is not even trusted to pay the milkman in future and gets help but this mess is not fair on me and the children.

i think it is important to give one of the debt help charities a call.

National Debtline: 0808 808 4000

Consumer Credit Counselling Service: 0800 138 1111

The original loan was 34 (they want 43) and another loan was taken out for 5 (they want 8) These were taken out in response to another mess he had got us into. He admits that he can't handle any financial responsibility and I will have to make sure that he is not even trusted to pay the milkman in future and gets help but this mess is not fair on me and the children.

If he took out those loans to pay off unsecured debts you should CCA / SAR those creditors - there are bound to be bucketloads of charges to recover.

perhaps a CCA on the £5k loan, the rest should just be SAR'd

Challenging; i do feel for you. Blemain are an outfit that should not (if it were up to me) be allowed to trade.

They've enabled you to be in this awful position just to make a profit.

Shylock from The Merchant of Venice comes to mind.

I once worked there and regret it wholeheartedly.

I noticed Blemain are members of FISA - Finance Industry Standards Association, would it be worth letting them know about some of these particulars ?

FISA is not a statutory body - it's doubtful if they would take any meaningful action against any member, despite their codes of conduct.

does this blemain company have a really bad reputation? as my mum is in the middle of getting a laon through access and apparently blemain has something to do with it after reading these posts im now slightly worried about them!!

Blemain are sub prime lenders, they usually lend to people with adverse credit or who have problems obtaining credit elsewhere, you would normally pay a broker who will arrange finance with sub prime lenders such as blemain, they usually secure loans on your property and if you maintain your payments on time then every thing should be ok, but if you fall into arrears then your in trouble, 3 months arrears and they will go for full reposession of your home, also if you want to redeem your loan early the redemption figures are very high, tread very carefully with this company..Gc

Hi

I have sent a SAR to Bf back in June which they have replied to by sending a copy of my agreement ,T&C's a statement of account (not showing any charges) and a copy of their complaints procedure.

I have lodged a complaint with ICO but no reply as of yet. I have written to FISA several times they have tried to help but say they do not regulate their members.

I have also contacted the OFT and am awaiting a reply. Trading Standards and FOS both say it is not in their remit.

Blemain are a law unto themselves and it does seem that no regulatory bodies are prepared to intervene leaving us all at their mercy.

I really feel for you they are complete barstewards and have no respect for the law at all.