How can I get them to put things in writing?

[doinitwrong]

I have my mortgage with the Blemain group and they have a suspended possession order. I am keeping to the repayments but every now and then they tell me my payment is short and I must pay about £100 extra. I've written to them loads of times asking how these charges came about but I always pay them as they say I've breached my court order if I don't.

 

They never ever write things to me. I don't want to lose my house so I'm too scared to not pay but I really need to find out why I'm being given this extra charge.

 

Any advice?

[magiciansgirl]

You are being bullied and quite possibly misled. If you are keeping to the repayments agreed and on time each month there should not be more charges.

 

I am unsure of the legalities of a suspended possession order but if they are scaring you into paying money you may not owe and can't afford, you may risk missing another payment in which case they would immediately go for a full repossession order.

 

I think someone legally qualified should be advising you and recommend that you go to CAB or put up another thread here asking for possible repossession help.

 

Re the charges you are certainly entitled to a reply and explanation. I would lodge a formal complaint via their website. Since October 2008 they have had to have a compliance officer and a complaints procedure. I would say you are unhappy that your reasonable requests are being ignored, repeat your request for information about the charges, and if you do not get an explanation you will report them to the Financial Ombudsman. Blemain co-operate with people who show that they know their rights.

[midge61]

Hi

 

Write a letter marked complaint and ask for a complete breakdown of these charges. If after 8 weeks they still have not responded correctly complain to the FOS.

 

If they say they don't have a complaints procedure i can assure you they do and I have a copy I can post if you need it.

[midge61]

Beat me to it magiciangirl

[doinitwrong]

Thanks I will do.

 

It is so frustrating when they just ignore you!

[magiciansgirl]

Hi Midge! Can you tell I am increasingly outraged that Blemain can continue trading???

 

Doinitwrong; very frustrating yes, but if you show them you know your rights they start behaving marginally better....if you decide to post the letter rather than use the website then send the letter recorded delivery and track the delivery date. They have a terrible habit of denying they have received letters so you need proof. Good luck!

[doinitwrong]

I went to the website but could only see telephone numbers. Am I looking in the wrong place?

[magiciansgirl]

Give me a minute and I'll go and have a look; I got a complaint dealt with through it so I know it works....

[magiciansgirl]

Right; on the site click on New and Existing customers. Then in the menu on the left hand side, click on Customer Service, and then Complaints. I would copy and paste your text into a word file and date it so that you can show it if they don't reply.

[doinitwrong]

You are fab thank you

[doinitwrong]

I went to blemain finance and did the complaint but it seems to be a different site to the blemain group which doesn't have any options just phone numbers do you think this matters?

[midge61]

Should be fine but follow it up with a letter sent by recorded delivery they can't deny getting it then.

[doinitwrong]

Just spoke to the compliance man he said the reason they don't write is because they have to charge me every time they write which is why when ever they send me a letter asking me to contact them a charge is added and then every few months it comes up in a big payment.

 

I told him I'm not happy about this and asked him to stop it happening. Anyway it's been delt with for now at least.

 

Now I said I would call him back because I need to get the date my payment is due changed. It is due a week before I get paid and I end up putting it on cards and things always causing myself more trouble.

 

He said they are unable to change the court ordered payment date and it must stay the same, they have no option to change it. I wanted to get a quick bit of advice before I called them back. Am I going to have to go back to court just for a date change?

Edited April 8, 2009 by doinitwrong
missed words out

[magiciansgirl]

This is bizarre. It seems that for everyone else Blemain simply add interest to the letter and phone call charges after 28 days and then add them to the outstanding amount of the loan but that in your case they are only letting it mount up for a couple of months and then demanding it. It means you will pay less interest longterm (good) but are hassled now (bad).

 

I'm not a legal expert and perhaps someone who is can answer you on the change of payment date?

 

My non-expert opinion is that as Midge61 and I have done, you take control of the payment date by setting a date that suits you - mine is the 25th of the month - by paying by standing order which you, not they, set up. This is important as they don't play fair over direct debits.

[doinitwrong]

If I did that wouldn't I start getting late payment charges?

 

I'm just very scared of losing my house, when went to court the judges made it clear this was my last chance.

[magiciansgirl]

Hmmm, you really need some legal advice on changing the payment date. Anyone able to help out there? I'll see what I can dig out in the meantime but might not have a response until tomorrow.

 

What I do know is that Blemain said they were taking direct debits on the last working day of the month for most customers. How was your payment date arrived at during the court case? It seems odd that the judge would not have asked what date suited you?

[doinitwrong]

It was just left at the original payment date that the mortgage was originally paid on. At the time I was more concerned about the amount and when we came to an agreement the date wasn't really mentioned.

 

I think it's ridiculas that they can't make this adjustment though.

[midge61]

hi

 

If the payment has been set by the court then I believe it is only the court that can change that. I would ring the court and ask otherwise Blemain will use the late payment to go back to court and get the eviction.

 

Always better to err on the side of safety with these gits.

[doinitwrong]

Thanks will do

[magiciansgirl]

Hi, and thanks Midge too. I found out last night that you can apply to have an order varied in writing; you don't necessarily have to appear in court. They ought to be sympathetic if you say the payment date is hard for you but that you are able to pay; and I'd mention the charges as well. Let us know..

[doinitwrong]

Any ideas how I go about applying for this?

[magiciansgirl]

Well, as I must say again I am not a lawyer but I've had a look at the HMCS website and it looks to me as if you can complete a form N294 - which you can download from there, and apply for a variation order without hearing. The form itself is slanted towards those wanting to reduce their payment instalments but there is a largebox in which you could explain that you aren't seeking to reduce the amount but to change the date because the current one puts you in difficulty and Blemain are making charges for contacting you over this.

 

I assume you take or post this to the court. But I would ring up the court in any case and check that this is the right form.

[doinitwrong]

Thanks so much will get on this today

[magiciansgirl]

No problem but feel anxious about advising without legal qualification! Got to be worth a try though.

[midge61]

Hi

 

The court staff are usually very helpful and if you explain what you want to do they will tell you the best way to achieve this.

 

Good luck