Help With A Repossession From Blemein Finance

[dx100uk]

ANY late payment charge of a fixed rate

whereby the creditor cannot or will not give you or the authorities

a full breakdown of WHY being late costs them £XX each time is unlawful.

 

go read the OFT guidance on PENALTY charges.

 

dx

[welshperson3]

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

[webbscatering]

thank you for this Welshperson3,

 

I agree with everything you have written

 

but with my case which I hope sets it apart from others is I have not missed a payment

 

but did not pay on the exact day it was due which was the 12th of every month

 

but made all payments at the end of every month.

 

Having contacted them to try change the date

 

they would not do it without a Variation Order,

 

this order appears to apply to have a CCJ changed

 

but having looked into it this could be done without the need of a variation order especially moving a date by two weeks.

 

This is what I see as unfair is their inability to help with changing a date and by doing so earns them money for late payments

 

also we have been notified that the money does not reach their account some 2 to three days later

 

therefore allowing them to apply more late payment fees.

[welshperson3]

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

[webbscatering]

this is the million dollar question what are the options?

[welshperson3]

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

[webbscatering]

thank you wp3 for you exceptionally good work on my issue, I might firstly make things easier by reverting back to paying the loan on the due date that should settle that argument then persue the charges, or secondly fight to change the date and fight for the charges, I think my first option sounds better

[cheesed_off]

Who is it you are dealing with at Blemain?

Are you speaking to them on the phone or is everything in writing? Send an email to the collections email address and put it for the attention of Steve Allott, Customer Support Manager. A few people have done that and got somewhere. Worth a shot while considering the above options!

 

Also I'd request an up to date statement. I received a letter a few days ago advising of the new charge for going into arrears, when my original complaint was about £30 phone calls. Have a look to see if you've got old charges on your account you could claim back as it looks like they've changed it (maybe to do with the fine?)

 

Good luck. CO

[webbscatering]

Worth a shot like you've said also I have been dealing with Julia France who has a more aggressive approach to dealing with customer complaints. Will pen an email later requesting a full set of statements for the last 7 years

[cheesed_off]

Well that's not good to hear regarding your complaint!

 

Let us know how you get on with your email and the option you choose!

 

CO

[webbscatering]

Im starting to get the picture now having read various threads and sites,

this one in particular took my interest which I posted on too

 

http://nearlylegal.co.uk/blog/2012/09/arrears-warrants-and-abuse-of-process/

 

My plan is to ascertain the magnitude of the charges applied to the account

 

so an SAR is going off today personally I dont think they will obligate this.

 

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 with charges

therefore the arrears are not going down.

 

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 seperate payment

from the contractual payment

 

so any laymen looking at our account will clearly see they are taking that particular payment just for charges.

 

Not riveting stuff but adds weight to my argument

[welshperson3]

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

[webbscatering]

Brilliant advice Wp3 it looks like we are on the right track and with time on my hand it looks like Im going to be here for a while to come.

[webbscatering]

SAR has been posted recorded delivery now for the wait

[webbscatering]

What I would like to know is out of the massive jungle of charges they have applied to my account which ones can I apply to get back?

 

many thanks

[dx100uk]

fixed sum fees

 

 

ie letter debt management late arrears

£20 £25 sums like that

[webbscatering]

What about interest on the arrears?

[dx100uk]

at their mortgage rate

[webbscatering]

at their mortgage rate

 

Sorry dx what does that mean?

[dx100uk]

Dunno ask my stupid spell checker

 

Compound at their rate

[webbscatering]

Dunno ask my stupid spell checker

 

Compound at their rate

Okay, My arrears was about 3k and I agreed to pay it off at £50 per month which is coming to an end soon but during the five period they applied £490 back on the account in interest on arrears. Not only that they charged us £45 late payment fee per month for being 14days late paying our mortgage which seems a bit unfair to me do you agree?

[dx100uk]

you can reclaim any penalty arrears letter debt advisor fees

no matter what their reason for charging it

they are a penalty- thus unlawful - end of

 

 

dx

[webbscatering]

evening everyone trying to do my CISheet does anyone know what "Actuarial interest" means and is it lawful?

[dx100uk]

doesn't matter its interest it doesn't go on the sheet.

 

only fixed sum penalty charges like £40 letter, visit fee etc.

 

if its int as a result of those charges that what the sheet works out and thus refunds it.

 

dx

[webbscatering]

interest on arrears is that legal as I believe thats what "Actuarial Interest" is

 

so for example I make the monthly payment of £545 plus £50 off the arrears

they then apply back to my account £524 in "Actuarial Interest" and £45 late payment charge, therefore £16 is paid off my monthly charge

 

cheers DX its all clear now thanks,

 

just one more question

 

we are about to clear the arrears off this account

 

how do we get the possession order cancelled

 

as I have read stories where Blemein have said the order has been cancelled but in reality it has not.