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welshperson3

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welshperson3 last won the day on November 7 2011

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About welshperson3

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  1. Hi suffering I went to court with them. But like a fish they wiggled and squirmed and got away, but like any big greedy fish they came back and now they are hooked again, and this time I have learned how to play a big fish. I did end up with an interest free loan I did end up with a charge free loan wp3
  2. sorry to hear you are unwell Thinking of you and get well soon bigmac WP3
  3. just here to say hello just a quick update after 9 years fighting blemain I thought me and blemain had come to a uneasy peace but its back on blemain removed every single charge from my account blemain removed all insurance charges from my account blemain removed all interest from my account (intrest free loan ) but I made a mistake I let solicitors add the point about brokers fees being unfair and I couldn't prove this point the same solisitors put phone harassment into my defence and I couldn't prove this point either so I ended up with some costs so me and blemain are back on I will start a new post and give you all the details WP3
  4. 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
  5. Cantor law and blemain one and the same (nearly) Cantor law are blemains in house (pet) legal team, cantor law work with blemain and operate out of the same premises, they also share a phone line, when blemain moved premises last year so did cantor law. I would advise you to treat anything this company dose or says to you with the same respect as if blemain had personally sent it. Personally I believe they have changed to in house solicitors to save on costs, I think they no longer want to go to court, and are now going to use cantor to hound and harass you into paying them something. In my personal experience blemain and cantor law were responsible for changing my view on how low people are willing to stoop just doing their job. If I may explain, the owners of blemain are making 10s of millions of pounds a year, so that is why they do what they do, not acceptable but I understand why the do it. The people who work for these companies, and some are only earning£15k a year are willing to do the things they do for £300 a week. Where have their self-worth and morals gone. Rant over (but I dofeel better) Wp3
  6. Hi Marvin You need to consider carefully what to do now, in my opinion this is what blemain are going to do now. 1 they are going to ask the court for an adjournment. 2 in a few weeks/months they will withdraw the case. 3 a few weeks/months after withdrawing from court they will start phoning you sending you letters saying you owe them money. 4 they will still have a charge over your house so if youever sell it they will get whatever they say you owe them, and it will be tens of thousands of pounds more than it is now. 5 how do I know this? this is exactly what is happening now with someone on another consumer help site. (nearly 2 years after blemain dropped a court case) This has to be your choice but if I was in your position I wouldn’t allow them to just drop this case without them agreeing what if anything is owed, and get them to remove the charge they have over your house. Phone the court and send a letter saying you require this case to continue and that you will be asking the judge to make the claimant prove what they are claiming, and if they are not willing to prove their claim then you will be asking the judge to order that the claimant remove their charge over your property. If you don’t continue to end this now then you are going to have years of harassment from them. can the site team activate his PM, there are something's that need to be kept away from blemain until after the court hearing, im fully aware that the site team are able to read PM and I have no issues if they keep an eye on the PMs sent. Wp3
  7. Im starting to get the picture now havingread various threads and sites, this one in particular took my interest whichI posted on too http://nearlylegal.co.uk/blog/2012/0...se-of-process/ The above case is a perfect example of how blemain operate, and shows that you should never trust anything they say. My plan is to ascertain the magnitude of the charges applied to the account so an SAR isgoing off today personally I dont think they will obligate this. A good start and you are right they won’t comply, but the court is there to make them comply, threaten them with it and then use it if you have to. I have just figured out that we have made the monthly contractual payments plus an additional payment off the arrears but due to the charges the additional payments have been swallowed up withcharges therefore the arrears are not going down. If what you are saying is correct then this wouldn’tbe allowed, wait for a response to your SAR and you can deal with this when you have the proof. What I am trying to say is they could not take us to court for repossession due to the fact the payment we make off the arrears is made as a seperatepayment from the contractual payment so any laymen looking at our account will clearly see they are taking thatparticular payment just for charges. Not riveting stuff but adds weight to my argument They can and do change payment dates after a judgment, The truth is if they changed your payment dates then they will lose £50 a month arrears fee from you, and then they would have to do the same for everyone, and the poor buggers have just been forced to stop adding all the other unfair charges, (give them a brake will you ) It took me 2 years of asking, begging and pleading but then for some unknown reason they did change my payment date. (and there was a court order on my agreement) When you have proof that they are taking your arrears payments and using them to pay charges then make a decision on how to deal with it. Something for everyone to think about, if blemain are charging you unfair fees and you intend on challenging them in court, then why rush one years’ worth of charges, or five years’worth of charges removed from your account means the same =£0 in charges you have to pay so don’t rush in know what you are doing first. For me five years of charges and interest = approximately £10,000, amount I did pay in charges and interest =£0,00 Wp3
  8. Ok let’s look at your options (there is no easy one) 1 you carry on exactly as you are and blemain carry on adding charges, you get to the end of your agreement and realistically blemain will say you still owe us over £20,000 but we are wiling for you to carry on paying us monthly until you pay us what we want. 2 you carry on exactly as you are and blemain carry on adding charges, you get to the end of your agreement and realistically blemain will say you still owe us over £20,000 you say no I don’t, blemain then start court proceedings and you defend against this. 3 you take out another loan to pay blemain off now (including the charges already added to your account) 4 sell your house, blemain have a charge so will get repaid along with all their unfair charges. 5 ask blemain to stop adding charges, you have already tried this but there is a possibility you may be able to get them to stop, 6 you can start court proceedings now to stop them adding charges and remove the ones already added to your account. 7 you can start court proceedings sometime in the future to stop them adding charges and remove the ones already added to your account. There may be other options but the only ones I can think of where you don’t pay blemain more that they are entitled to are options 2 6 7 above and they all involve the court. Personally I think you should use option 5 above, and stop asking them to change a payment date, and start telling them that it is unfair not to change a payment date. ( something is unfair because a rule or regulation or the OFT/FSA or FCA say it is unfair not because you don’t like it) While you are trying option 5 research, learn and prepare yourself for option 2 or 7 I would like to say there is an easy option, but as your loan is un regulated then the reality is pay them or go to court. ( prepare yourself first ) Wp3
  9. Web you asked about a template letter for claiming charges back from blemain, this company isn’t that easy, You need to consider your options on how to deal with this,but most importantly don’t rush, research and understand then decide what to do. wp3
  10. Hi web I asked how much your loan was for and when you took out this loan so I could see whether it was a regulated agreement, the answers you gave would make your agreement unregulated. A regulated agreement is one that has a specific set of rules on what must be done. Consumer credit act 1974 covers some loans, so lenders have to follow the rules set by the CCA 1974. MCOB usually apply to first charge mortgages (a standard mortgageto buy your home) so lenders have to follow the rules in MCOB. As your loan is not regulated then there is no specific set of rules that apply to your loan,that doesn’t mean there is no rules that the lender has to follow. A few rules and regulations that do apply to your loan agreement are listed below. Unfair Contract Terms Act 1977 Unfair terms in consumer contracts regulations 1999 s.140a consumer credit act 1974 What I read a lot about is that people are saying that their lenders are adding charges to their accounts and that they think this is unfair,(but why is it unfair ) something is only unfair if a specific rule or regulation say it is unfair. So to understand unfairness then you first have to know the rules and regulations that make something unfair, I have posted three regulations above and each one will answer the question as to why it is unfair to charge £35 for a phone call (example) Web if you (or anyone else) read the above regulations and post up why it is unfair to add charges to an account then hopefully others will join in and we get a debate going, then anyone reading this post in future will understand unfairness in consumer contracts. As for blemain being a member of ConsumerCredit Trade Association, this is just to help blemain it will doyou no good at all, blemain being a member is like someone joining a union inwork it just helps them. wp3
  11. Anyone reading this that has a regulated loan with blemain then may I suggest you read the terms and conditions of your agreements, there are more unfair terms than there are fair terms in your agreement, what these terms allow blemain to do to you is shocking, you real did sell your soul to the devil when you signed this agreement. ( I signed one I’m ashamed to say ) but there is a cure you just need to challenge them and stop being a victim, It will make you feel a whole lot better. wp3
  12. Marvin you only have about 15 minutes max in court, and you just have to show you have a reasonable defence as to why you don’t owe blemain what they say you owe them. The judge will set this down for a trial (give you another date)he will also give directions on what has to be done before this date and you canask him to direct that blemain prove what is owed. So when in court tell the judge that you are putting the claimant to strict proof as to what they are claiming and ask him/her to order blemainn to supply this information and then allow you to put in a defence. In your defence you will have two things that will make blemain have to prove that all costs they added to your account are fair, (putting them to strict proof and the CCA s140 ) im sure the £35 phone calls really cost them £35 to make. wp3
  13. Hi Marvin Blemains insurance charge is a penalty charge the same as all the other charges added to peoples accounts. I will explain (in basic terms) what makes a charge a penalty and what makes a charge unfair 1 for a charge to be a penalty = it is something that you have to pay when you breach one of the terms of the agreement. So term xxxx says you have to insure your property and put blemains name on the policy, you didn’t (no big deal) so blemain charge you, step one of becoming a penalty. 2 Rules and regulations allow lenders to make a charge when someone breaks a term of an agreement (I think this is fair) what is not allowed is for lenders to make profits from these charges, and they make huge profits from adding insurance . Step two this is now a penalty charge. Basically it’s a penalty because it happens when you broke one of the terms of the agreement and then they charged you much more than it cost them. There is also another reason that makes the insurance term in blemains agreements unfair. If I may explain what would happen if you add blemains name to your insurance policy Not putting blemain on insurance policy scenario You insure your house for its rebuild cost so that in the unlucky circumstance that it burns down your insurance will cover the cost of rebuilding it and this is what will happen if you don’t put blemains name onyour insurance policy, after the rebuild blemain will still have a charge over your house and things go on as if the fire never happened. If you put blemain on your insurance policy scenario You insure your house for its rebuild cost so that in the unlucky circumstance that it burns down your insurance will cover the cost of rebuilding it, but you also put blemain on the policy, now the terms in blemains agreements state that should you make a claim on your insurance then blemain get paid all what is owed before anyone or anything else, so if you claim on your insurance blemain get paid first leaving you without enough money to rebuild your house, so now your homeless as you don’t have enough money to rebuild your house. wp3
  14. Make yourself a list of all payments made on this account;take it to court along with the loan agreement to show you have paid this agreement in full.
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