Blemain finance

[midge61]

Hi all

Dax how are you getting on with things?

I have sent a complaint in to FISA about my overpayment after phone call I had 2 nights ago and fact that I have sent bf proof of overpayment and had no reply. Its now 3 months since I first wrote to bf! Bloody unbelievable.

Also sent a SAR but my delightful bank bounced the cheque so not expecting an answer and will have to do it again.

[Pliny the Penuriosus]

midge that is why it's ALWAYS recommended that you send postal orders

[midge61]

Hi

I realise that now. So next one will be a postal order.

Thanks

Midge

[midge61]

Hi all

Have just been reading the trading standards website and found the following.

Don't know if it helps anyone

 

How do I get a settlement figure?

Under Section 97 of the Consumer Credit Act, the debtor is entitled to know how much he/she has to pay in order to clear the debt. The request should be in writing. Give the creditor enough details to enable them to identify the agreement, including the agreement number. Title the letter 'Request for Early Settlement Figure'. An example of a request letter is given in this leaflet. If you are up-to-date with your payments, some companies will provide a settlement figure over the telephone.

I wrote to my creditor over a month ago asking for a settlement figure but have not received a response. What are my rights?

The Consumer Credit Act requires the information to be provided within 12 working days from receipt of your request. If the creditor fails to provide the information requested, they cannot enforce the agreement against you until they do; and if they do not send you the information for more than a month, the creditor commits an offence. If this happens to you, contact Consumer Direct for advice.

How much rebate am I entitled to?

Regulations lay down two different formulas for calculating the rebate. What formula should be used will depend upon when you took the agreement out. A new formula was introduced for agreements entered into from 31st May 2005, but this does not apply immediately to agreements entered into before then.. Most companies use computer programs to calculate the rebate.

Will my credit agreement give me any information about early settlement?

All credit agreements entered into after 31st May 2005 will have a section headed ‘Key Information’ which will contain information about early settlement. Creditors have to show the figures that would be payable for early settlement when ¼, ½ and ¾ of the repayments have been paid. The information shown will be the sum needed to settle at that stage, taking account of the payments made up to that date. The rules allow the creditor to show this information as the amount for every £100 or £1000 borrowed rather than for the total loan, so check the figures carefully.

Can I have the figures checked?

Yes. Some Trading Standards Services have a computer program that can check the figures are correct. Contact Consumer Direct to ask whether your local Trading Standards Service would be able to check the figures. If they are able to do the check, you will need to:

1. obtain the settlement figure in writing, and
   
2. send all the documents relating to the agreement to them by post or by fax.
   

Please note that they will not normally check settlement figures over the telephone.

The settlement figure is greater than my original loan – can this be correct?

Loans are made up of capital advanced and interest. Depending on how many payments you have made, the settlement figure may well be higher than the original loan. This is most common with long-term loans, where early payments are more interest than capital. The rebate is on the interest outstanding, not the capital left to pay.

I am in arrears with my repayments and have incurred penalty charges – can I have a rebate on these charges?

No. The settlement figure is for paying off the original loan. You are not entitled to a rebate on any charges incurred for late payment, non-payment or administration fees that have already been charged (e.g. brokers fees or arrangement fees).

The settlement figure provided by the creditor is too high – what are my rights?

If you feel the figure is wrong, Trading Standards can check the statement and give the correct figure. Contact the creditor and dispute the figure. If they continue to refuse to correct it, then contact Consumer Direct for advice.

Example of Letter Requesting Early Settlement:

 

White's Financial Services Ltd

36 High Street

Anytown

Anyshire AN1 1AA

 

31st May 2005

 

Dear Sir/Madam,

Request for Early Settlement Figure

Credit Agreement No: 123456789

On 10th January 2002, I took out the above agreement with you for the purpose of purchasing a car. I now wish to settle the agreement. I would be grateful if you send me a settlement figure for the above loan, in accordance with Section 97(1) of the Consumer Credit Act 1974 and the Consumer Credit (Early Settlement) Regulations 2004.

I look forward to hearing from you in due course.

Yours faithfully,

Mr A Brown

[dax]

Im confused..Midge you said

 

"Have had a reply from FOS today they say that as BF only came under their remit in April 2007 and the extra money was taken from my account in 2006 there is nothing they can do".

 

Can that be right? I mean if you got ripped off arent the FOS supposed to see that and rectify the mistake made in your favour? Is there anyone who can make the BF company answerable so we can get back whats righfully ours or are they above the law for some reason. imno further forward.

[midge61]

Hi Dax

Well thats what I thought but I think that as it's a loan company they are saying that they did not come under their remit until April.

 

Anyway sent a complaint to FISA and they replied saying that Blemain should return money asap and have written to them to say so. I also complained that BF had not given me details on their complaints procedure but FISA said they could not help with that because BF had only recently joined!

 

Fat lot of good they are really. Anyway still waiting for reply from BF.........2 weeks now so I think next step is Trading Standards but not sure what to do really.

[Pliny the Penuriosus]

Did Blemain act as a mortgage lender. Was the loan secured by deed.

 

If so I think you should return to the FSA as it may be they have been acting without authorisation prior to registration.

 

I'm not sure as it needs some research but that scenario would mean agreements could be void

[midge61]

Hi Pliny

Mine is secured loan taken out in 2006.

[Guest strangewayofsavin]

Pliny is the only part of your name I cannot decipher, the rest means, the poor, nether again, but wht does pliny mean, sorry for highjacking

non est factum

[midge61]

HI all

Had a call from BF tonight because of last months payment not paid (dear NHS failed to pay me thats why!)

Anyway call is being recorded for training purposes! I explain why not paid and that I have sent letter explaining this oh and by the way you owe me 1 months money. Lad says let me look at file. Comes back and says the last letter was dated 31st may.

I explain that I sent all relevent documents to prove double payment on 6th June to Mr longdin and as no reply complained to FISA who agreed with me that BF owe the money and taking too long to deal with it and if I dont get a reply soon complaint will go to TS. Lad says I will speak to Mr longdin and get back to you.

He phones back 10 mins later and says Mr Longdin hasnt recieved such a letter can I fax it all over and he will sort it asap. Funny how my complaint letters are recieved but my letter with the evedence isn't I say. Well I promise to sort it asap when I recieve the fax says lad.

I also state that they have taken 3 months so far avoiding the issue and it should have been dealt with within 8 weeks max. Lad apologises!!

So I will fax all details (3rd time of sending them) tomorrow and see what happens.

[phatram]

HI all

Had a call from BF tonight because of last months payment not paid (dear NHS failed to pay me thats why!)

Anyway call is being recorded for training purposes! I explain why not paid and that I have sent letter explaining this oh and by the way you owe me 1 months money. Lad says let me look at file. Comes back and says the last letter was dated 31st may.

I explain that I sent all relevent documents to prove double payment on 6th June to Mr longdin and as no reply complained to FISA who agreed with me that BF owe the money and taking too long to deal with it and if I dont get a reply soon complaint will go to TS. Lad says I will speak to Mr longdin and get back to you.

He phones back 10 mins later and says Mr Longdin hasnt recieved such a letter can I fax it all over and he will sort it asap. Funny how my complaint letters are recieved but my letter with the evedence isn't I say. Well I promise to sort it asap when I recieve the fax says lad.

I also state that they have taken 3 months so far avoiding the issue and it should have been dealt with within 8 weeks max. Lad apologises!!

So I will fax all details (3rd time of sending them) tomorrow and see what happens.

 

Dont trust them, send details by recorded delivery as well as faxing them.

[midge61]

phatram Hi

 

I know it's best to send recorded delivery but this month thanks to not being paid all my money has gone on food and bank charges!

[phatram]

phatram Hi

 

I know it's best to send recorded delivery but this month thanks to not being paid all my money has gone on food and bank charges!

 

 

It costs 1.04.

[midge61]

FISA included the info in their letter so BF had it anyway and I had stated times and transaction numbers previously without the copies in a previous letter that the said they had on record so no excuse on BF side really!

[dax]

my loans were secured loan too. Kipper im amazed they actually stipulated £1800 in charges because they never gave me any exact breakdown at all full stop and no one that has looked at there figures can amke sense of them. im afraid im miles behind due to differant circumstances that have arrisen around me and need to just get on the case.

[midge61]

Hi all

Take a look at these links. Reckon they can afford to repay some charges don't you!!!!!!!

 

Barclays Private Equity - Press Office

 

http://www.entheweb.co.uk/done-deals/safe-as-houses.html

[groovycaz]

Hi all

Been busy with other claims so have'nt posted for a while but last night i was looking through my file with BF and whatever they say my "LOAN" as they put it was definitely a mortgage, I have a mortgage deed, it was registered with the land registary as in mortgage to the lancashire mortgage company and noticed on their print out, there is a mortgage reference number, they claim that it was an UNREGULATED RESIDENTIAL LOAN, yet on the agreement nowhere does it state this...GC

[midge61]

Hi

 

I think you should get all your paperwork together and put a complaint in to TS.

I am still trying to get my complaint sorted and have e-mailed FISA again today.

When I get a reply to my SAR I intend going to TS.

The more complaints issued against them then surely TS will have to take notice and inform OFT.

[dax]

Well, well Midge, what do you know. We seem to learn something new about this company everyday.

 

Tht links certainly an eye opener, well done for spotting that. Interesting how some people get on in the world, fancy, gaining all that credibility by sucking from everyone else. Its very helpfull to know though and adds a nice paragraph to my letter of complaint.

[dax]

javascript:ol('http://www.entheweb.co.uk/done-deals/safe-as-houses.html');

 

the link

[midge61]

Hi dax

 

It is working fine, just tried it.

[groovycaz]

Hi

 

I think you should get all your paperwork together and put a complaint in to TS.

I am still trying to get my complaint sorted and have e-mailed FISA again today.

When I get a reply to my S.A.R - (Subject Access Request) I intend going to TS.

The more complaints issued against them then surely TS will have to take notice and inform OFT.

 

Hi Midge

Already spoke to TS a long time ago but they directed me to FSA, they directed me to leasing anf finance, its as if blemain are untouchable..GC

[midge61]

Hi

Why not try a different TS office I think some are better than others. I think it's davediscman that is up on TS. Check some of his posts.

[groovycaz]

Thanks Midge, il have a look, found another thread the other night about Future Mortgages, I took out a £5000 second mortgage with them in 01 and paid it off a couple of years later, they are part of Citigroup and a bit like BF and I know I was also ripped off by them with ERC, Im going to be fairly well off if I get back all the money finance companies stole off me when I was pretty poor 6 or 7 years ago, GC

[midge61]

Hi

 

It's post's by diskmandave to check for