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Everything posted by Rightinit

  1. We are unfortunate to have a secured loan with blemain. Today we have had a letter saying we have been charged incorrectly and they have credited our account the charges and intrest incorrectly charged to our account of £1100. We have a suspended repossession order on the house, still paying extra every month off the arrears which will be well overpaid now. Can we get the order removed and contest the legal fees added previously? First thing Tuesday I will be contacting them for a up to date statement of account
  2. We asked while in court years ago about chaging the date to the 15th, the judge had no problem with our request. But blemain said they couldnt do it as that is the date set on our original contract. The eviction has been stopped and we have set up a standing order so they get paid weekly from now on. I just wondered if they could refuse to stop the warrent even though they have had more than they said was due to stop it before they knew the eviction date landed on the next due date. But as soon as they got the date through they said to pay what is due on 8/4/13 before they would stop it.
  3. We have had an eviction date given as we were late paying our monthly payment. It was late due to it being due on the 8th and we don't get paid until the 15th. This is the second time this has happened and the company have forced us to pay the next month installment before they would stop the eviction. This is Blemain finance by the way. Now I have just had a long conversation with one of their advisers, which may I add didn't have a clue to be honest and I am not holding out much faith in what he has told me. This morning we were £49.97 in credit and the next payment off the secured loan is due 8th which is also the date of the eviction. They told me unless we paid the difference before the morning of the 8th, they would not stop the eviction. It has now been paid as a member of our family has loaned us the money until the 15th. Can they do this or are they telling me lies. If it is a case of the latter can some kind person give us some advice on how to complain about them.
  4. Am I right in thinking I can show the faq to the judge tomorrow to confirm that our calculations of the true arrears are correct as they have admitted on two answers on the faq‘s that they have been adding the charges and fees onto the arrears prior to the date of the letter. Once we have our 5 mins in court tomorrow and hopefully win, we will be sending them the letter saying refund our fees or we will see you in court.
  5. I have copies of everything I handed in and are in the file next to me. In Q10 (quick breakdown) I advised them of the call I had from Capstone on 11/1/11 to say they were going for eviction as we had broken the court order. Even though I explained the Dhss hadn't completed the ABI1 form correctly and that our insurance company were waiting on a response from the DHSS before they could issue the cheque. I have the letter from our insurance company here for proof. (so we haven't missed the payment it was just late paid 14/1/11.) Advised that we are being charged £125 per month so the arrears are increasing even though we are making the agreed payments. There is a complaint with the FSO ref xxx as the arrears figure they are quoting does not correspond to the true arrears figure less any charges (appendix 2) calculated from the details provided by SPML from SAR request. The true arrears are 2581, not 8K plus which is what they are stating. Which this figure includes discrpencies on the account as highligted i.e two payments due in one month, intrest on arrears not same on sar as in qrtly statement, debt advisor visit fee when no body has ever visited. settlement figure fee never requested this even the total balance does not match on sar to qrtly statements.etc. Quote C&G vs Norgan and that we have not missed any payments since we were last in court in May 2010. Ok we may have been late due to wages or waiting for income protection insurance cheque to clear. But not missed. And that he can see we are comitted to clearing the arrears on the account. Also we have two dependant children living with us. What I have just realised that I haven't included in the statement for Q10 is that even though we have paid every months since we were last in court the figure they are quoting is higher than the figure the courts had last may. I was in a rush to get to the courts before 3.30 on Friday and we didn't find the eviction notice until late afternoon as they didn't knock the door just posted it in the letter box outside the front door.
  6. Well we have had the Eviction date recieved for 7th March. I am in court tomorrow morning, to see if we can get it suspended. I have enclosed all copies of my findings for the judge to have a read with his coffee in the morning to show the true arrears are only £2581., of course this is only for information purposes as this is with the hands of the fso. I have got a copy of the letter from our insurance protection company to prove why the payment in January was late, copies of everything that I handed into the courts last week. Is there anything else I need? ( I&E enlcosed, Statements enclosed. Copies of there statements enclosed.) I hope and pray that the judge sees that the account is wrong and there are charges, duplicate entries for mortgage due payments in the same month in there total arrears figure (hope he sees there is only 12 months in a year not 13 like capstone like to make out). And when we have made overpayments to the account which show on there statements as overpayments they still charge us arrears management fees. How do you guys think the outcome will be? We have had no letters or phone calls from capstone except confirming they are looking into our complaint and we should hear by 13th March. Getting rather worried now if I am honest.
  7. Blemain finance have never sent me a new dd form for over a year since I requested it. So I have been paying the same day every month via there website. I get a email confirmation within minutes of making the payment and it shows on there account within 1 hour. So I have two forms of back up if a payment ever goes missing there end. Monarch recoveries have taken a payment from me before now, but that was 2008/2009 time, don't know if there policy has changed. The link is below. http://www.blemainfinance.co.uk/customerservice Sorry I can not help any futher, but it may help in your defence if you can make some payment on the account if you are going to try and stop the eviction as the judge will see this as you are showing you are willing to make payments.
  8. I am in the same position as yourself with Spml or what ever they want to be called now. Waiting for a date before I can submit my N244 form. Our payment was late due to circustance beyond my control. Please send the sar request off ASAP. I went through our statement the end of last week and it is shocking to say the least the amount of charges they have applied and also so serious errors they have made on our account. We are being chased for £7700 arrears when the true arrears less any charges are £2581. Good luck with your fight against these cowboys I will be watching your thread. The members on here are great and have helped me before not with just advice and help completing the forms, but with the support that gives you the energy to stand up and fight.
  9. Thanks for the advice Cher69Cher69. I will get in contact with the FSO tomorrow as we have our daughters option evening tonight. They have rang again today to see if I can offer a lump sum and I have just wiped the floor with the girl on the phone. She has confirmed the arrears balance they have quoted to the courts does include charges and also confirmed the error on the duplicate payments due & difference in intrest showing on statement to sar, therefore the interest they have charged on arrears and capital are wrong so the balance is wrong. She tried saying that the over charge of interest would only be a couple of pounds, until I advised her she couldn't go by what had been charged to the account she would have to obtain what rate the interest was applied at every month and calculate the difference . My last words were I will see one of your representatives in court. I know I shouldn't have said anything but I just needed to vent some steam and she got the brunt of it.
  10. True arrears balance is £2581.78 a big difference from £7761.51 they have quoted me. I have also noticed that the intrest shown on the full sar statement for the intrest charged for june 2010 there is £5 more added onto the last statement they sent us compared with the sar statement. These are going to be copied and handed to the judge along with the other discrepencies.
  11. Just going through all the charges from day one and I can see that they have added payment due twice in one month1/11/06 &27/11/06 they can not do this can they. If they cant then this means we have paid them more than we should have as even with the extra payment in the same month we were still in credit with them until they had added there legal cost's etc.
  12. Hi I have just had a call from these cowboys, they are pushing for the eviction as we are late paying this month. My permanent job didn't work out and have been out of work since August. I have been making our agreed payments every month. Ok all being late as I have had to wait for the cheque off my insurance to clear before I can pay them. This month with Christmas and also the benefits office not filling in the ABI1 form in correctly my cheque which should have been posted the begining of this month is only getting processed today, so we are later than usual. I have told Capstone or what ever they might want to be called now and they said it doesn't matter as they are pushing for the suspened warrant for an eviction date. As I was paiting the ceiling in the kitchen I thought hang on a min the arrears balance is more than it should be. They have quoted me £7761.51, but on the paperwork from the courts back in May 2010 the arrears balance was £7531.10. We have paid the monthly payment plus £100 to clear the arrears since June 2010 so our arrears balance should be £6931.10, so they have included charges onto the arrears and quoted this figure not the actual arrears figures. Which the arrears figure is inocrrect and I am going to sit down and work out how much we actually owe them without there charges and intrest on charges. Can someone please help me draft a letter up for the courts to show that the arrears figure is inflated and that through circumstances beyond my control have made this suitation arise. I have a letter from my insurance company saying that the form has not be filled in correctly by the job centre and also a copy of the ABI1 form I asked the job centre to fill in again yesterday. Thanks Rightinit.
  13. Thanks for your reply. Well if they sit on it for the full 6 years they will be wasting there time as within the next 5 years I will no longer be a resident of the uk, if all goes to plan.
  14. I had a fine for not renewing my sorn for motor bike some time ago and letters have been sent to dvla, then Inter Credit and trust became involed. I did my bit, not my fault they haven't done there bit. I am not going to think I haven't had my confirmation of sorn when the bike is buried in the back of the garage and has been for many years. On 1/11/10 I sent dvla and inter credit a letter disputing my £80 fine and quoted two cases that had won in court against them and said that I would like this to be dealt with in my local court. Today I have had a letter from DVLA saying the have pulled it back from the 3rd party collection agents and have passed my correspondance over to the relevant department for consideration regarding court action and will be in touch with me. Please be advised that the DVLA has up to 6 years to take these cases to court. Can anyone advise me if the last part in bold is true or not. Kind regards Rightinit
  15. It is for council tax. Jacobs are saying it's for 2008-2009 and the council say we only owe them for 2009-2010. I started paying in June this year £30 month after a visit from them and they had £50 cash then payment plan was set up. Had no payment card for a while so I was paying via automated system until a card arrived. Jacobs say they have not had a payment since the end of august which I know I have paid two lots of £32 to them since, this is bing looked into by paypoint.
  16. Had a visit from Jacobs yesterday regarding an account we have been paying off a small amount each month, but they have not had the last two payments. Which I am going to find out where they have gone as I know they have been paid via there payment card. Not had any letters from them to say they have not had the payments and for the life of me can not find the reciepts. Anyway they have demanded payment in full by end of today and the amount due has changed from 1029.75 to 1139.75. We have had a kind offer to lend us this money and get them paid off today which we have accepted. But I would like to know how do I get a list of the charges they can apply and also what charges they have added onto this account. As £110 just to send two men to our house and say pay up in 24hrs or we remove goods does not equal to my figures on the guide osted on this forum. I have checked and the baliff's name on the letter is certified. Thanks for your help. Rather annoyed mother as the baliff has really upset my son over this.
  17. The level of sickness was mentioned in June I have not been off since and nothing has been mentioned until Monday. As for my policy this is the terms and conditions. I have had this policy for a few years now. • If you are unable to work due to an accident, sickness, or as a result of Involuntary Unemployment, for a period in excess of 30 days, benefits will be paid direct to you, with the first months benefit payment becoming due as at the 31st qualifying day of a claim period. If you are off work for less than 30 days no benefits will be paid. • Claims will continue to be met, during the term of cover, at full calendar monthly intervals until you return to work, or have received the maximum number of 12 monthly benefits payable in respect of any one period of disability, or any one period of Involuntary Unemployment. A maximum of 24 months Involuntary Unemployment benefit will be paid in all during the term of cover. • Claims for the same condition or unemployment which are not separated by a period of at least six months full-time permanent work will be considered one period of claim. • Once a full duration (12 months) disability claim has been paid for a particular condition there must be a period of at least six months full-time permanent work before a further claim for that condition can be admitted. • Once a full duration (12 months) Involuntary Unemployment claim has been paid there must be at least six months full-time permanent work before a further Involuntary Unemployment claim is admitted. • The first qualifying day of a claim for disability is the date on which you see a Doctor, whether it be your own General Practitioner or a Doctor at a hospital, and are certified by them as being totally unfit to carry out your normal employment or occupation. You must continue to be certified as above throughout the period of your claim. Involuntary Unemployment for employees: • Involuntary Unemployment is any unemployment forced upon an individual by a third party and not a route they have taken themselves. Not restricted to redundancy. • Payment of benefits will only be made where an employee has become Involuntarily Unemployed, and is in continuous receipt of Contribution based Jobseeker’s Allowance. • The first qualifying day of a claim for Involuntary Unemployment is the first day for which the claimant is actually paid Contribution based Jobseeker’s Allowance. Claimants must be continuously registered with the Employment Service Jobcentre, and in receipt of Contribution based Jobseeker’s Allowance throughout the entire period of claim. Involuntary Unemployment for the self-employed: • A self-employed person is any person, working alone or in conjunction with others, in their own business on a self-employed basis, as declared to the Inland Revenue. • Benefit is payable on the total cessation of the self-employed person’s business as notified to the Inland Revenue and confirmed by their Qualified Accountant and as a result of financial insolvency of the business arising or occurring after the inception of the policy. • The self-employed also have to be registered through the Employment Service Jobcentre and be receiving the appropriate National Insurance Contribution Credits. The first qualifying day of a claim for Involuntary Unemployment for the self-employed is the first day for which the claimant is actually paid the above credits. Claimants must be continuously registered with the Employment Service Jobcentre, and be in receipt of credits throughout the entire period of claim. Involuntary Unemployment for contract workers: • Involuntary Unemployment is any unemployment forced upon an individual by a third party and not a route they have taken themselves. Not restricted to redundancy. • Benefits will be payable when at the point of claim you are on a renewable contract and have been with the same employer for more than 2 years and the contract that has been renewed at least once. • The first qualifying day of a claim for Involuntary Unemployment for contract workers is the first day for which the claimant is actually paid Contribution based Jobseeker’s Allowance. Claimants must be continuously registered with the Employment Service Jobcentre, and be in receipt of Contribution based Jobseeker’s Allowance throughout the entire period of claim. Applicable to the employed, self-employed and contract workers: • If you are not sure what your position might be you should seek clarification from the Employment Service Jobcentre. • You must have been in active full time work for at least 6 months prior to a claim for Involuntary Unemployment. • Involuntary Unemployment claims arising or becoming expected within the first 90 days of cover are excluded. Accident, sickness or unemployment claims due to or arising from any of the following will not be covered: 1. Attempted suicide, alcohol/drug use unless under the specific direction of a registered medical practitioner for any condition other than drug addiction. 2. Self-inflicted injury or as a result of elective or cosmetic surgery. 3. Child-birth, abortion or miscarriage, whether existing or not at inception. 4. Sexually transmissible diseases. 5. War, riot, or civil commotion, or military or naval service outside Europe. 6. Pre-existing medical conditions. If you have a sickness, disease, condition, or injury from which you have suffered or for which you have consulted or been treated by a registered medical practitioner in the 12 months prior to the commencement of the insurance, then that particular condition, or any claim attributable to it is excluded, until you have been clear of it for a continuous 24 month period prior to the commencement of claim. 7. Mental or nervous disorders, or conditions of a psycho-neurotic origin. 8. When you are not registered for work with the Employment Service Jobcentre or when unemployment is known to be impending at the time of commencement of the insurance, or within the first 90 days of cover. 9. When unemployment is voluntary or of a normal seasonal nature. 10. When in the case of self-employed persons; the Involuntary Unemployment is not as a result of the total cessation of your business, as confirmed to the Inland Revenue and confirmed by a Qualified Accountant, due solely to the financial insolvency of your business arising or occurring since inception. 11. Where you were self-employed and you are not in receipt of National Insurance Contribution Credits. 12. Where you were an employee or contract worker and are not in receipt of Contribution based Jobseeker’s Allowance. 13. If registered on a training scheme, unless you can prove that you are continuously and actively seeking work. For contract workers, in addition to the exclusions above: 14. Where you were not employed by the same employer for at least 2 years on a renewable contract that has been renewed at least once. For ANY Involuntary Unemployment: 15. If your employment ends, or if unemployment is known to be impending within 90 days of the start date of this cover. 16. Where you were not in active full time work for at least six months immediately prior to a claim for Involuntary Unemployment What is the duration of my cover and how / when does my cover end? Cover is for a fixed term up to 5 years as selected by you on application. Cover remains in force for every month that you honour your Direct Debit and we may automatically renew your cover if paying by Direct Debit. All cover under this policy will end and all monthly benefits will stop: • At 65 or when you reach Government retirement age. • On completion or early settlement of your loan agreement unless otherwise agreed by Underwriters. • When you fail to make any monthly payments due. • On expiry of the term of cover as confirmed in your Policy Document issued on acceptance of your application. Points to Remember • You must continue to pay your premiums, including during a period of claim, to ensure that cover remains in force.
  18. Thanks for your advice. On what grounds would they put as if they do well i should say when they do dismiss me. As I would need to try and put in a claim on my income protection insurance policy otherwise we can say bye bye to our home.
  19. I found the job off my own back nothing to do with the agency. I got taken on 3/3/10 3 month trial and then got a letter 3/6/10 saying I have passed my trial and now permanent. The agency is involved as I noticed a job advertised just down the road from me and I applied for it, the job was advertised through this agency.
  20. 5 mins before I finished work today I got called into the managers office and handed a letter. The letter says that I they are writing to advise me that unfortunately the company is considering dismissing you. for the following reasons. Poor attendance record Uncertainty about when you will leave Loss of trust, it has come to light that you have been making false statements and as a result we no longer feel that we can true you to be employed here. The answers to the 3 points above are. Yes I have been off sick a few times in the last 6 months. I have been 100% honest and said that I am looking for another job as I need to work closer to home due to our children. The loss of trust is due to the fact that I have not informed an employment agency where I am currently employed and this agency is the one they use. I have had no warnings verbal or written, my contract was made permanent nearly 3 months ago. Can they do this and can I be dismissed? Thanks in advance Rightinit.
  21. Yes we have won this battle, but the war has just started We have had the letters from the fos today confirming our complaint.
  22. I am home now, and it felt good walking through the door knowing that we still have a home to go to. A big thanks to everyone on here. When I arrived at court after about 5 min of sitting in the waiting room there solicitor came to have a chat. First thing he said was is the offer of £1500 and this months payment still on the table, if it is I am advised to accept and stop the procedings. My reply sorry no (this next bit is a white lie) I said the extra was coming from my father inlaw and as this was refused I had told my father inlaw thanks but no thanks. So sorry the offer is no longer on the table. The solicitors reply was well I have to push for the evicition to go ahead on Friday. But between me and you I can see that you have done your homework and that I (solicitor) am 99% certain that the judge will rule in your favour. So in court we go and capstones solicitor keeps going on about missed payments and that they are not on the 1st of the month, when they are due. I replied saying that there is no missed payments as you can see from this print out of payments made to them and I hand out the print out of all payments made. And the reason they are not paid on the 1st is I have an agreement with spml/capstone that we pay the mortgage on the 15th and the agreed sum off the arrears by the 1st of every month. And as you can see from the payment print out I have just given you both that there are no missed payments even over the 6 months that I was unemployed. Silly me missed a payment made in feb on the print out, but I had it printed on the back of my print out as I had missed out a payment this morning. So I apologised and showed the judge then there solicitor. The judge said there and then suspended. I could have jumped up and kissed him lol. Then the solicitor kept going on about the amount of arrears i.e £7500 approx and it would take many years to clear it off. I popped up and said that I dispute the arrears value but that is not what we are here to discuss and it's a matter for myself, husband, & capstone. The solicitor tried again to mention the arrears value and the Judge said as Mrs xxx has just said we are not hear to discuss the arrears value and the eviction is suspended. The judge said good luck to me about my 3 month trial in work, I thanked him and off I went to see the baliff to let him know not to call on Friday. And to make our day even better, my bosses wife saw me arrive in work (only a small company based at there home) and asked how I had got on. So I explained and she also told me that my wages go up as of the 8/6. Yes I have passed my trial and I am now in permanent employment.
  23. We won. The judge was very nice towards me and got rather annoyed at there solicitor as he kept saying that payments had been missed. Until I gave both of them a print out of all payments made since oct 2009. Thanks again best get back to work as boss is on way back
  24. Thanks actionnotwords. I will remember that last bit of information. My stomach is doing somersaults and the last 3 hours have seemed like 12 hours. All the paper work is ready and I have also got 3 copies of all the payments we have made if I need to hand a copy to the judge. I don't usually drink except for the odd glass once in a blue moon. But if we do win today I will be dusting a bottle off we have here and it willbe opened tonight. And my first glass will be raised to everyone one here who have helped or just given moral support, along with a contribution to keep this site going. Time for me to make my way to court.
  25. Out of interest we have just totaled what we have paid these idiots. Total due since june last year £7050. Total paid £7721.97 Which means they have had £671.97 more than agreed. So in my eyes including what is due to the end of this month we are not behind but infront by £671.97. Lets see what they have to say about this on Monday
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