Blemain Finance 2nd Mortgage Charges Reclaiming - i want my moneyback

[webbscatering]

Yes your right I was thinking that myself but then also I kind of know that I will not get a response from them but as a matter of course I will send them a letter,

 

thanks dx

[webbscatering]

Hi Folks,

 

Got a reply from Blemain concerning the insurance but nothing about the unlawful charges,

 

Thanks

 

Kev

[dx100uk]

silly beggars

 

they write you are on a contingency plan

 

then at the botton say you will be placed on one

 

they are just trying to muddy the waters here

 

why did Blemain not request this as soon as the loan was taken out or even after you paid the first payment.

 

Absoloutely disgusting behaviour in my opinion

 

 

write back demanding to know why they have not refunded your 'extra' insurance from day one

and tell them you will be seeking compensation for all the court cases

wrongfully taken out against you.

 

pers i'd write to the judge and tell him what has now been discovered

and you want any judgement overturned.

 

d\x

[webbscatering]

Thanks dx100uk,

I thought they would have tried to say that their policy was taken out before ours but they did not try that one which I find unusual the fact I would have replied that the policy documents I sent them were renewals.

 

Another confusing point is why has the number 1 mortgage company not applied this or insisted they have an interest in the insurance too. Is it perhaps its not a legal requirement therefore Belamin have found a way of forcing additional charges on to their borrowers?

[dx100uk]

i wonder if you need to give ell-enn a ping

 

dx

[webbscatering]

I think thats would be a good idea as I may need help with forcing a reply regarding the charges they keep avoiding to answer,

[webbscatering]

Hi Folk,

 

got a reply back from Blemain please see attached and see what advice can be given about a response to these people,

 

Thanks for your help

 

Kev

Edited December 3, 2011 by webbscatering

[dx100uk]

pers i think they are trying to muddy the waters yet further

 

charges reclaim needs to go in

 

refund for extra insurance needs to go in.

 

i wonder what a letter to the cour/judget would achieve?

 

dx

[webbscatering]

Hi Dx

 

I would like to attempt to reclaim the charges to let them know that I am serious, also I would like to have a day in court to get judge to change the terms of the contract even though the judge last time said its nothing to do with them this will paint the picture of how hopeless they are,

 

cheers

[welshperson3]

Hi web

 

What I am about to say I mean with the greatest respect to you, after reading your posts I don’t think you are ready to go to court against blemain.

 

What you have to understand is if you take blemain to court over the charges issue, they then have 2 options, pay you back before court, or go to court and defend.

If they defend they will send a top barrister who will argue that it is to complex for small claims and try and get it fast or multi track, then if you loose you will be looking at a bill for blemains costs in excess of £10k.

NOT A RISK I THINK YOU SHOULD TAKE.

 

 

NOW THER IS A RISK FREE OPTION

 

 

The Financial Ombudsman Service (FOS) is an independent official body, established by Parliament in 2001, for settling disputes between UK based financial companies and their customers. The service it provides is completely free.

It has legal power to adjudicate on individuals' complaints or complaints from small businesses and charities with turnover under €2 million (around £1.65 million) and less than 10 employees. Anyone that's ever had a financial product or service needs to know about the powerful rights all consumers have when dealing with financial companies.

Regulations state these companies must "treat customers fairly" and if not the Financial Ombudsman Service is there to provide a free way to fight back. And there's no negative outcome, you cannot be awarded against, the worst that can happen is the Ombudsman says you've no case.

 

 

 

I am going to court now with blemain, it has taken 3 years of work, thousands of hours, 6 appearances at court, twice against a top London barrister, once against a Cardiff barrister, three times a local solicitor.

I won the battles, but the war still trundles on,

 

If I can give one bit of advice it is this, do lots or research first as the option of court will be there for a long time should you choose to use it, but don’t rush in

 

If you would like to read were I am at with blemain it is here

sub-prime lender (blemain finance) 140A Unfair relationship -started court proceedings

There is a good bit on charges in the last few posts

 

wp3

[webbscatering]

i Welshperson3,

 

fantastic advice and very much appreciated, I will read your thread with great interest,

 

fantastic advice and very much appreciated, I will read your thread with great interest,

 

I read your first post and there is a strange case of "deja vous" there and reminiscent to my situation the thing is I have a recorded calls between me a Blemain where they are clearly refusing my offer of payment to reduce my arrears. Its probably too late now but maybe that could have helped me in court!!

 

I will carry on reading your thread with greater interest,

 

Cheers

 

Webbscatering

[spot]

Welshperson

 

Webbscatering

 

 

Regulated or Unregulated loans what dates and what amounts (Roughly)?

 

PM me if you don't want to say on public forum...

[welshperson3]

my loan is Regulated

 

amount =10k

 

date = may 2007

[frettful38]

Just reading some jibber jabber this morning...some useful info...not that it has sunk in yet

Lenders & Borrowers Insurance.pdf

[webbscatering]

Hi Guys,

I need a little help with drawing up a letter of complaint to this stupid company,

its been over three years since we went to court to stop repossession proceedings against my wife and I.

 

The judgement was to make contractual payments plus an additional payment to clear arrears, so far to date we have done this without missing a single payment but there is a problem whereby we are contracted to make payments on the 12th of every month.

 

The wages for both of us are paid at the end of the month but Blemein have been harassing me and the missus by phoning us constantly at work, mobiles and home also several letters a month with alsorts of demands..... we have tried speaking to these morons but they refuse to listen, So need a letter to get them off my case,

 

Cheers

 

Kev

[Ell-enn]

Do you still have the court order which specificed the payment you were to make each month? it sometimes says the date that payments are to be made and it's not always the date the lender says - if that is the case then you could write and tell them that you are paying in line with the court order.

[webbscatering]

Hi Ell,

 

always good to hear from you again, when we were in court the last time our solicitor mentioned that the contractual payments are the 12th of each month and we get paid at the end of each month, the judge said he cannot change the terms in the contract only Blemein have the authority to do that.

 

Time and time again we have told this moronic company and every time they say it can only be changed by a judge???

drives me insane but also remember they charge us £40 a letter every time we miss the contracted date payment.

 

My issue now is the harassment we have endured for the past 3 years with the incessant bombardments of letters, calls at home and work, how the have scared my kids by saying if we fail to contact them then we will lose the house and many more cruel remarks,

 

thanks

 

Kev

[Ell-enn]

The Civil Justice Council's mortgage arrears protocols state that a lender should consider changing the payment date to assist those in arrears - you might want to remind them of that.

 

Have you now repaid all the arrears ? You should start the process to reclaim the fees and charges they have added to your account.

[webbscatering]

No we are still paying the arrears, we actually make 2 monthly payments the normal and the arrears, this way if we go before a judge they can distinguish between the two entries we done it this way from past experiences with this problem from the past.

 

thanks

[Figaro123]

I am seeking to start an unfair relationship case against BF. Should I use the N1 claim form or the N244 application form

 

Thanks

[webbscatering]

Unfair-relationship-started-court-proceedings

 

try this thread

 

cheers

 

Webby

[webbscatering]

HI Folks,

well Blemain have come back to me about the charges

 

needless to say they think its fair and just....hahaha,

 

so they are banging on that I should have applied to the courts for a variation order, what is a that?

 

also the judge said he cannot change the terms and conditions of a contract its solely down to the lender.

[webbscatering]

I have looked at the Variation order they keep going on about

by my own conclusion this can only be applied by the court if you are having trouble paying

and want payments to be reduced or to change a CCJ.

 

In my case I wanted to change the payment date from the middle to the end of the month

and this was explained to the judge on our last visit to court back in 2009

and he explained this was not his duty to alter the payment date

so long as payments were made within the scheduled month.

 

Blemain have been applying a late payment fee of £48 and their latest one was an because of an under payment of 51p.

 

They are also telling me that the payments are late into their account even though I have receipts to show I have made payments from my account using a debit card on the last day of the month without fail or missing a payment,

 

as I explained to them before once it leaves my account I have no control over how long it hits their account but they are using this to apply these charges.

 

I need help to write a letter that to end this stupidity any input would greatly appreciated

 

Thanks

 

Kev

 

Does anyone know what a Variation order is?

[HTA]

Hi,

 

It's an order that varies something. Could be monthly amount paid or the term over which it is paid. Things along those lines.

 

Give us some background and then someone may be able to be a bit more targeted in the answer.

 

Regards

 

HTA

[webbscatering]

Hi HTA,

 

this company wrote to me telling me that I should have to apply for a variation order to move my payment by two weeks

but when we went to court 4 years ago the judge said he did not have the power to do this only the company.

 

 

I have read up as much as I can about CCR Order 22 abd it looks like the variation order applies more or less if you are having problems making payments

also what is the definition of a late payment and when should charges be applied,

 

 

many thanks Kev

 

ps. I am off to work now so cannot reply back until after 9:30pm