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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Blemain Together Loan featuring unfair charges!


mmd
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Hi everyone,

I'm new on the CAG Forum but was directed here by the good folks at MSE.

 

I have long suffered at the hands of Blemain/Together.

 

I foolishly applied for a second charge loan over a decade ago.

 

It has been the (most expensive) bane of my life ever since.

 

I recently received a letter from Together stating that my original loan has now past its term.

 

It says,

 

As you will be aware,

your account with us has now reached the end of the original contractual term.

As your monthly repayments have not been sufficient to fully repay the balance,

the outstanding amount is now due.

This may be due to late payments, payments being missed or the application of admin costs to the loan

 

I am requesting SAR from them as I have a feeling that most of the outstanding balance is entirely made up of outrageous charges.

I've also been advised to look into an "unfair relationship" with them but I'm a little unsure where to start.

 

The outstanding amount is approx £11k!

How can this even be possible when I have paid almost £100k over the past 10 years?!!!

 

Is repossession an option at this stage?

 

They have already attempted a repo a few years ago when I missed some payments.

I went to court and duly arranged a repayment plan to clear the arrears.

The account has been in good order ever since.

 

Does anyone have any advice on how to deal with this shady bunch?

 

Any help would be greatly appreciated!

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almost 100% you are correct

the balance will be all unlawful fees.

 

the sar will reveal all.

 

did they make you take out insurances too on the agreement...

 

have you still got it?

 

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 dx,

thankyou for replying.

 

yes I had to pay for their additional insurances despite of course having my own buildings insurances etc at exhorbitant costs.

 

I have a recent breakdown of their charges dating from 2007-2010 which I requested a few months ago knowing that the loan was coming to an end.

Not sure why they did not supply charges from 2010-2017?

But they seem to make up their own rules from day to day don't they?

 

I have entered the charges I have to date into the CAG CIS Excel spreadsheet

- their costs and interest charges are totally inconsistent and are hard to make sense of.

Intentional I would imagine.

 

I'm not going to make another payment to them.

I need to see the SAR results first.

I'm hunting for my original loan agreement at the moment.

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if you already had building ins

then provide them with proof

and they must refund+the int that cost you too.

 

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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I called tham a few months ago disputing the same point and they of course have NO record whatsoever of my buildings insurance anywhere even though they specifically asked for it to approve the loan in the first place.

 

Would this be something the SAR would reveal?

 

I will call my original insurers and try to locate some evidence.

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no they well known for this sadly.

they'll turn around and say that it was a bulk buy insurance and you cant be refunded

then its off to the FOS time.

 

they've nailed BH several times over them doing this already

 

don't forget your bank statements ill prove building ins too via a DD

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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  • 2 weeks later...

I've received another Loan Past Term letter, this time stating a completely different outstanding balance to the one mentioned in their previous letter! I despise these clowns.

 

I'm still awaiting SAR response and will update if/when anything happens.

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  • 2 weeks later...

Hi sorry to hear of yet another Blemain / Together Finance Victim

 

 

The SAR may not reveal all but will reveal some as they are very clever at muddying the waters and not making things clear.

 

 

The most important document is the full and understandable account statement

they will not send this you have got to ask for it.

 

 

They may well send a statement of sorts but it will not have everything on you need to be able to clearly see every charge, penalty,including any admin. charges and a breakdown of the interest and any interest change.

 

 

you should calculate what you believe it to be and work out the difference.

 

 

Get stuck in take control and don't give in to any bullying, do not phone them use email as much as possible so you have a good clear record.

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hi suffering

thanks for taking the time to read and reply! I'm still awaiting the SAR - still a while to go yet.

 

I used to be terrified of this bunch as things always seemed to be on their terms....but not anymore!

 

Can I request a full and understandable account statement from them whilst still waiting for the SAR?

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  • 3 weeks later...

ring and ask them where it is

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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Share on other sites

ring and ask them where it is

 

Or better still, call them and immediately follow through by sending an e-mail stating what you discussed and ensuring you have a written record (ie evidence) of what it is you are saying they have failed to do and what you are asking them to do to resolve the situation.

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ring and ask them where it is

 

thank you dx, I was dreading that having to talk to them would be the next step

 

Or better still, call them and immediately follow through by sending an e-mail stating what you discussed and ensuring you have a written record (ie evidence) of what it is you are saying they have failed to do and what you are asking them to do to resolve the situation.

 

great, thank you. I'll let you know what happens

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Hi MMD,

 

Sorry to peel back all the way to the beginning of your story, BUT... When you took out this second charge were you already with Blemain? If so can you tell me the steps you went through please...

 

I am specifically interested if they acknowledged you would refinance through them,

meaning:

1/. Payment of redemption fee (to them)

 

2/. Made you go to a broker only to take out the loan with themselves (Blemain/Together) again so you had to pay all associated costs (legal, brokerage, etc)

 

3/. If so did you freely choose the broker you used or were you directed? and

 

4/. If you used the same broker did they present you with a multitude of options or did they just say go to Blemain?

 

N.B. These question only apply if the first loan was with Blemain.

 

Thank you

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Hi again mmd you do not have to talk to them!

Send them an email (this way you have a record of the correspondence)

 

Its time to play them at their own game and put the frighteners on them tell them you have been advised to request a full and understandable breakdown of your account, as you are considering legal action against them.

 

Tell them their lack of co operation has been duly logged and noted.

Do not under any circumstances phone them they will deny all knowledge of anything they agree to do

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thankyou for your advice suffering, I will avoid any future calls as I've learnt the hard way with phone calls to them in the past. everything will be in writing.

 

Is there a CAG template letter anywhere here that I could adapt and send?

 

Hi MMD,

 

Sorry to peel back all the way to the beginning of your story, BUT... When you took out this second charge were you already with Blemain? If so can you tell me the steps you went through please...

 

I am specifically interested if they acknowledged you would refinance through them,

meaning:

1/. Payment of redemption fee (to them)

 

2/. Made you go to a broker only to take out the loan with themselves (Blemain/Together) again so you had to pay all associated costs (legal, brokerage, etc)

 

3/. If so did you freely choose the broker you used or were you directed? and

 

4/. If you used the same broker did they present you with a multitude of options or did they just say go to Blemain?

 

N.B. These question only apply if the first loan was with Blemain.

 

Thank you

 

Hello MaDeHall,

Thanks for reading this sorry plight! Here's what I can tell you...

 

No, I was not with Blemain before the second charge.

My main mortgage is with a proper building society.

 

So I guess your other questions don't apply?

The whole thing has been an extremely stressful, confusing & ridiculously expensive mess from start to finish.

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Get serious with them

 

 

write a letter, saying i have good reason to believe that you have added hidden charges and charges that are unfair, to my account i now put you on notice of this ,

 

I xxxxxx Put Together finance on full legal notice that i request the following information so i can investigate discrepancies with my account

I give you 30 days to produce unto me a full breakdown of all charges,penalties, fees and interest that have been added or removed to my account

since the account was first opened, so i and my team can check the legality of the information you provide,

if without good reason you cannot deliver unto me this information in full within 30 days of this letter then no added fees,

charges, and interest will be recognised or concidered owed.

(now thats what i would do but its up to you)

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click sar

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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Share on other sites

I had a huge problem with this company.

I have now requested a SAR.

I cannot even begin to think of this company without my blood actually boiling.

They hit me so hard financially when i had hit hard times.

They even turned up to evict me on the day I moved out, and added that visit to the final charges.

Is there a way to claim any of this back, do we know?

Have you received the SAR yet?

I recently received a letter from them offering me a couple of hundred pounds back, which I did not respond to, as I feel it was a get out clause to get me sign that I would not make further claims against them.

I have in the past requested a breakdown of all cost, and is not complete.

Cannot believe they are allowed to continue like this.

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  • 2 weeks later...

So, instead of supplying a SAR within 40 days, they have instead sent a letter threatening litigation if I don't pay their redemption figure within 14 days - complete with yet another random 'final' figure that I've never seen before.

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I had a huge problem with this company.

I have now requested a SAR.

I cannot even begin to think of this company without my blood actually boiling.

They hit me so hard financially when i had hit hard times.

They even turned up to evict me on the day I moved out, and added that visit to the final charges.

Is there a way to claim any of this back, do we know?

Have you received the SAR yet?

I recently received a letter from them offering me a couple of hundred pounds back, which I did not respond to, as I feel it was a get out clause to get me sign that I would not make further claims against them.

I have in the past requested a breakdown of all cost, and is not complete.

Cannot believe they are allowed to continue like this.

 

you need to start a new thread

of your own please

this thread is for advising MMD

 

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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Share on other sites

So, instead of supplying a SAR within 40 days, they have instead sent a letter threatening litigation if I don't pay their redemption figure within 14 days - complete with yet another random 'final' figure that I've never seen before.

 

send our SAR failure letter

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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