Blemain finance

[midge61]

Heres the explanation of the undertaking.

 

Mortgages – Repayment mortgage : FSA Money made clear – Unfair contracts

 

The only problem I have with it is it about mortgages so I don't know if it applies to secured loans.

[midge61]

This is the full undertaking from the FSA website

 

http://www.fsa.gov.uk/pubs/other/undertaking_blemain.pdf

[midge61]

You can use the following calculator to check your agreement

 

Checker - Check my agreement

[greedfighter]

Midge:

A secured loan is a mortgage as far as I am aware. The definition of mortgage in the Oxford Law Dictionary : an agreement which involves lending money using property as security:'Principal or First Mortgage' main mortgage where deeds are deposited with the lender as security.'Puisine mortgage' any other charge or loan against the property where the property is offered as security but the deeds have not been deposited with the lender.

 

So I think the FSA ruling equally applies to secured loans and its just a name thing really.

[midge61]

Thanks for that greedfighter.

[Missy06]

Ok...I've taken a look at the figures BF sent me. If want a peek at the letter, click here ,and page 2 is here. The statement is here.

 

Can any of you 'Rule of 78' Guru's work out if they've calculated this correctly?

 

......think I need to start my own thread on BF & Rule of 78;)

[midge61]

Hi

 

I haven't been given any breakdown of how the redemptions were figured out.

 

Maybe they will come with the other stuff.

 

Might be worth contacting trading standards about the rule 78 calculations.

[Missy06]

I think they're more than prepared to send the breakdown of figures ONLY to those who DIDN'T take out PPI!

 

From what we have on the thread, they've refused to communicate with most claimants......after all, they won't put out their dirty linen without a fight!

[Missy06]

I think we could really do with some help on this thread especially because none of the regulatory bodies have been of help to date....

As simple as this might sound, Midge61, "How do we PM a Site Helper(s)?"

[greedfighter]

Missy,

 

Rule of 78 : Payments not yet due (Payments Not yet due+1)

Total Number Payments (total Number Payments due+1)

 

X Total charge for Credit = Rebate

 

therefore: Total Charge for Credit - Rebate Due = Amount to pay + or -

 

So in order to work it out will need the following :

 

1. Term of loan.

2. Monthly repayment amount.

3. Total Charge for credit (as stated on the agreement).

 

This will give the redemption figure not that it is any use really: as I understand it it is up to you to show that irrespective of whether they've calculated the figure correctly or not, that whatever the figure is, it amounts to more than their actual loss.

[Missy06]

Greedfighter,

 

thanks for the feedback.

 

You said ".....the redemption figure not that it is any use really: as I understand it it is up to you to show that irrespective of whether they've calculated the figure correctly or not, that whatever the figure is, it amounts to more than their actual loss."

 

I'll do a bit of digging but have you come across any CAGERS who've actually been able to do this and won their case?

[midge61]

hi

 

This is the rule 78 calculator if it helps

 

Rule of 78 Loan Calculator

[Missy06]

hi

 

This is the rule 78 calculator if it helps

 

Rule of 78 Loan Calculator

 

Thanks for that!

 

Was up till 3am recalculating the figures using the Rule of 78 formula on the The Office of Public Sector Information website.....It wasn't an easy task!!

 

Looks like they made me overpay by 1,400! On Monday, I'll be sending them a copy of my calculations (as my prelim) as well a copy to Trading Standards to cross check the figures for me.

 

I'll also be claiming back the default interest of 21.17 and collection activity charge of 352.50. This gives a total of 1,900 or so. The grand total with 8% statutory interest (not 100% sure if this applies) is 2,800...:grin:

 

 

[midge61]

Hi Missy

 

Good luck.

 

Please keep us updated. I have full details on one previous loan so next week intend to work this out but really need the details on the other 2 as well.

[greedfighter]

The redemption figure is the total amount required to be paid to discharge the loan : it is made up of

 

(a) The amount of capital outstanding +

(b) Any administrative or legal fee at the end of the loan +

© Any fees agreed before the loan (to be debited at the end) +

(d) Any default charges or interest thereon +

(e) The total charge for future interest -

(f) The Rebate

 

These calculations will give the redemption figure.

 

You can only claim :

 

(d) if the charges are unreasonable.

 

and

 

the difference between the charge for future lost interest (which is made up of total and future interest)(e) minus the rebated amount (f) if the amount is more than reasonable (i.e more than their actual loss). What you are effectively arguing is that the amount they have charged you for future losses is unreasonable. The FSA enquiry and undertaking effectively says that the figures arrived at using the rule of 78 to calculate their losses will almost certainly be unreasonable. So whatever figure they have arrived at for the redemption figure is relatively unimportant, whereas the figures for calculating their actual loss are.

 

Whilst I dont want to be pessimistic there are some important things to consider,

 

(a) Banks usually employ only a small team of legal people since their legal issues are fairly limited (mainly debt) and usually straightforward.

(b) Building Societies and Mortgage Companies on the other hand employ large numbers of legal people since they are dealing with legal issues on a much bigger scale (conveyancing, landlord tenant, contractual stuff etc).

© The law relating to property, conveyancing, mortgages etc is far more complex than that which arises when claiming back bank charges.

(d) it is generally accepted that Mortgage Company Legal people are for more skilfull and have much more expertise than bank legal people.

 

I still think you can and should make a go of it but it's not something I would fancy fighting myself (please remember this is only my opinion and you certainly shouldn't let it put you off). I'm not aware of any cases that have won other than those already mentioned that have lost.

[midge61]

Looks like BF are really tightening up their lending criteria!!!!!!!!!!!!!!

 

Blemain Finance - Unrestrictive Criteria

 

This is from their new products launched in Nov.

[Missy06]

Midge61,

 

are all the 3 loans with BF?

[midge61]

Hi Missy

 

I had 3 previous and 1 present all with BF (you'd think I'd learn!)

[Missy06]

I haven't heard from BF since requesting them to recalculate the settlement figure 2 weeks ago; I also used this as a Prelim.

 

Sent off the LBA today.

[midge61]

Their probably all on their xmas jolly's!

 

I'm still waiting for remainder of my sar so will send a letter next week.

[midge61]

Hi all

 

I am still waiting for the rest of my info from my S.A.R but last week I had a letter from the ICO to say they were going to write to BF about non compliance.

 

Today I recieved a letter from Monarchs Stating that the account is in serious default.

 

They are claiming 1 months payment (which is higher than normal amount) and over £800 in charges that must be paid or they will commmence legal proceedings!

 

Can they do this. They have not mentioned charges before and no default notice as of yet.

 

All help gratefully recieved.

[Jimbocrackers]

From personal experiance i dont remember getting a default but presumed i did. They went for a re-possession hearing with me, but i managed to pay all arrears a few days before the hearing date, by borrowing off a friend.

 

As this was done before the date, the hearing was cancelled, and i had no charges. Scarey stuff though.

[midge61]

hi

 

how long ago was that?

[OscarMutley]

WOW, what a thread! It's taken me ages to read through it, and all the documents I have relating to my dealings with BF. I do need help though as to a way forward....

 

I took out a second mortgage of £25,000 with BF. The agreement is signed by me (not them) as 27/05/05. (31/05/05 seems important from alot of the above - but the loan wasn't granted until June or maybe July 2005).

 

I lost my job and last year they began chasing me trying for respossession. Woolwich were OK about my arrears (having never been unemployed before) but BF were dragging me to court every other month, even though I told them I was releasing capital from another property I half own and intended to pay them off in full).

 

There were some late payments, as my employment became erratic (not least because of the stress of repossession threats). They've had every penny as far as the installments are concerned, and on 14th February I paid them £25,000 by debit card (it was too much for Barclays to do over the internet) but that didn't stop them sending me an "arrears letter" from their debt collection branch dated 15th February (but posted on 20th).

 

I asked for a balance of the account, but was today sent a Solicitor's letter with their redemption figure of £7,219. On top of that I have to pay a further £4,929 in legal fees for their failed attempts to repossess my property.

 

If I pay £12,149 by 17/03/08 the debt will be cleared. But by then I will have paid more than £48,000 for a £25K mortgage over 32 months! That's actually more than the outstanding amount on my Woolwich mortgage!

 

I think I need to ask them for a proper statement detailing all charges and the rate of interest they have charged me. The original agreement said 17%, and they have never sent me a letter advising any change to that (as they are required to under the *very* feint print on the back of the agreement).

 

HELP!

[midge61]

Hi Oscar

 

These are the worst of the worst. I would refrain from talking to them on the phone in future as they never stick to anything said.

 

If you post in the following section you may get a quicker response.

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/

 

You will see there is someone else dealing with a repossession from BF.

 

Good luck