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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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Me and Blemain


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Hi everybody,

 

starting a thread regarding Blemain finance,

 

took a loan out for £5k over 5 years secured on my house,

had problems keeping up repayments for reasons that Blemain were informed off.

 

Just managed to clear the loan and the arrears on the account but they have taken advantage of my unfortunate situation with crippling charges and legal costs.

 

I am now going to send a SAR and fight them if i can for the charges to be either cancelled or reduced if possible.

 

As it was a joint loan with my wife we have received in some months 5 letters each at £35 each making them a tidy £350p/m.

 

Update when I get more info.

 

Thank for reading

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Oh dear. Blemain made a mistake doing that to you!

 

Look forward to updates and of course you know you'll get help if you need it.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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don't forget to reclaim them at compounded int rate

 

we have new spreadsheets now.

 

there is a very large thread on them here

 

everything you ever want to know is there

 

dx

 

 

ps welcome back

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...
Thx dx, found it, its big allright.

 

Oh no, Blemain up to their old tricks again! It sounds like you have incurred arrears charges, and yes they used to charge per letter and send you as many as possible to up the profits!!

 

While you are working on completing the spreadsheet, fire off an email to them at [email protected] and ask them to review the charges applied as you believe they have charged you unfairly. They will then have 8 weeks to respond to your complaint. That way you can go to FOS all the more quicker if you don't get what you think is fair!

 

My partner has had old fees wiped from his account by doing this and the recent SAR we received doesn't show anymore! I wish you luck!

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hi cheesed_off thanks for that, i will do exactly that, asked for statements and got a basic breakdown of what they say is now owed. The loan is paid off but there are outstanding interest and charges. Deep breath-----------COSTS AND CHARGES £6,799.53 and DEFAULT INTEREST AT £4,430.51 TOTAL settlement figure of £11,230.04

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    1. Read and understand these
    2. The final notices for CMCL, Moser and Lawton.

      Quote them to blemain when you complain about charges.

      [*]

      The only reason why CMCL got fined and the rest of the blamain group of companies didn’t, is that, the only company in the group that was regulated bythe FSA is CMCL.

      [*]

      So this is proof that what the blemain group of companies has been doing has been found to be unfair.

      [*]

      CMCL are part of the blemain group, the group all operate out of one building they all operatein the same way.

       

      Blemain will respond by saying that your agreement is with blemain and not with CMCL so this has nothing to do with your charges being fair or unfair.

      [*]

      Take no notice of what they say and tell them that if it is unfair for one of their companies to do something then you believe a court would find it is unfair in all circumstances.

       

      If you read and understand what is shown above then it will be quite easy to get your charges back,

       

      Wp3

       

Edited by welshperson3
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Hi Croydon boy

 

If blemain were to take you to court, then you would put in a defence and use the above as evidence.

 

Second option is that you start a court claim and use this as evidence.

 

 

 

I would not recommend anyone start a court claim until they fully understand the proses, and what they are about to do.

 

Wp3

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  • 6 months later...

Any news bigmac?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

Hi all,

it has been a while since i updated and this is because they do take a while to respond.

 

I eventually complained to Blemain for the level and amount of charges applied to the account

and they gave a final reply in Dec past by saying we will remove £800 from the total!

I wrote back saying this was not acceptable and their reply was the same.

 

My wife then contacted the FOS and gave them a brief explanation of what had been going on

and they said they would investigate our complaint further,

this was around 3 weeks ago so

 

all was quiet until this morning when we received court papers to appear and fight a repossession order next month!!!

 

My wife contacted Blemain and informed them that our complaint was now in the hands of the FOS

and that she would be notifying them of the impending court action.

 

She contacted FOS who then immediately spoke with Blemain and got back to her saying the court case was to be Postponed.

 

My wife wasn't too sure with this being told over the phone so called the court to confirm

and found the court didn't know anything about the case being postponed.

 

She again contacted Blemain and explained we were not happy that a court case was raised whilst our complaint was in the hands of the FOS

and for them to then try to request the case to be sisted was not something we were happy about

and if it was not dropped then we would appear on the day in question to object to that.

 

Long and short of it all is the case is to go to court and they will ask for it to be sisted.

 

Interesting to note that after Blemain were contacted by the FOS their interest in our complaint almost seemed genuine

and they have asked to be allowed another look at the complaint before the FOS deals with it.

 

WP3, Going to start reading up on that.

Edited by Bigmac versus
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how about adding some line breaks?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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:lol:

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi bigmac :-D

 

Sorry to hear you're still having problems.

 

If you haven't already considered it you might like to research if your mortgage was missold for example due, for example due to self certification or not checking affordability.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Caro,

interesting point as the original amount borrowed also included a payment they made direct to my mortgage arrears of over £1100

so hardly checked affordability,

 

was all rushed through Ocean Finance who were the broker in this loan.

 

Broker fees and loan arrangement fees, title fees, you name it they charged it.

 

I spoke with blemain today (head of complaints) and asked why now they wanted to have another look at our complaint was it because we had contacted the FOS.

 

The reply was that in Oct 2008 changes through the CCA meant handling of charges were changed and any charges prior to that date may be removed.

 

I did touch on the final ruling that WP3 was talking about and their reply was that it has no bearing on this account (as expected)

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Don’t believe what blemain are telling you about them asking for the case to be stayed on the day of court.

 

What blemain will do is to send a solicitor to court with orders to ask for possession of your home.

 

Get yourself ready to deal with a possession hearing

 

 

 

Read up on putting someone to strict prof send blemain and the court a letter saying you dispute the amount claimed and you are putting the claimant to strict prof on what they are claiming.

 

wp3

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Hi WP3 I am bigmac's wife. Thanks for your reply. I was concerned that what you have just said would be the case, so I asked for a letter confirming this was their intention to be emailed to me. I have that stating that their intention is to request a sist until after the complaint with FOS is concluded.

 

I have also telephoned their solicitor and confirmed that they have been instructed by Blemain to sist, which they do not usually do, as they receive instruction the day before.

 

Should I still be suspicious even though i have a letter stating they will sist?

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Hi WP3 I am bigmac's wife. Thanks for your reply. I was concerned that what you have just said would be the case, so I asked for a letter confirming this was their intention to be emailed to me. I have that stating that their intention is to request a sist until after the complaint with FOS is concluded.

 

I have also telephoned their solicitor and confirmed that they have been instructed by Blemain to sist, which they do not usually do, as they receive instruction the day before.

 

Should I still be suspicious even though i have a letter stating they will sist?

 

 

Absolutely you should be suspicious unless you hear directly from the court that it's been sist, As WP3 says, be prepared for a possession hearing.

 

 

Regarding misselling, there's info here. http://www.which.co.uk/consumer-rights/problem/i-think-ive-been-mis-sold-my-mortgage-what-can-i-do

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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