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welshperson3 v blemain finance - 140A Unfair relationship -started court proceedings

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Hi all

Firstly my apologies for not updating this thread,

As I have explained in previous posts this issue with blemain had taken over my life, but 2012 has been an extremely stressful year for myself and my family, so I asked the court to put a hold on my case until march 2013 which they did.

Now this next bit has been extremely hard to write so I am going to give a brief explanation of why I had to leave this post and everything to do with blemain alone, as I couldn’t take the stress of someone trying to take my home on top of what was going on in my life.

Approximate dates of one horrible year for wp3 and his family.

January 2012 daughter has a miscarriage.

March 2012 mother in law loses her yearlong battle with cancer aged 64.

April 2012 three weeks after losing her mother wife is diagnosed with ovarian cancer.

June 2012 wife has operation to remove tumour during operation they find second tumour and remove that as well.

July 2012 wife starts six week course of radio therapy, go to hospital every day for this treatment.

September 2012 wife starts chemotherapy treatment, has this every three weeks, last treatment is February 2013 then a full body scan.

Now my wife has been so strong in dealing with all this that she is my hero, and we get thru this with the belief that the tumours were removed and the treatment isn’t trying to cure but just a precaution taken to stop anything bad reoccurring in the future.

Now as for blemain the time is approaching were I will have to deal with them, so I will try and spend some time on here and get myself into full on blemain bashing mode.

Wp3

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Who's the hero WP3? - having gone through prostate cancer myself I can empathise just a tad, but it is just a tad by comparison with what you've had to go through, but get through it you will and you and your lovely lady and your daughter seem in tune at beating the odds and hopefully that will roll out into Blemain too.

 

How deep can my emotions go to say " I truly wish you all well? " from the bottom of my heart my friend.

 

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I would like to second all Andrews comments and add my heartfelt wishes for the tide of life to turn for you and your family.

G

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Wp3

Thank you Andrew and gallahad

2013 is a new year and we are keeping a positive frame of mind that everything is behind us, and it will only get better this year.

Wp3

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hi wp3, best wishes


IMO

:-):rant:

 

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My very best wishes to you and your family from me too wp3. These vultures just have no idea of what they put people through when life can be hard enough without them adding to the stresses. I hope the bad times will soon be behind you. x


 

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Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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thanks ford and you to caro

 

trying to get back to a normal life,and if dealing with this is normal then so be it and here we go.

 

 

After spending nearly 5 years reading all the self help consumer forums there seems to be a something missing when it comes to the blemain, there is a distinct lack of outcomes that favour the consumer.

Now the only reason blemain continue to take from consumers is because of lack of consumer knowledge if people knew the law /rules and regulations then this company would have been out of business a long time ago.

Now what I am about to propose will turn the tide and give people the knowledge to take on blemain (and other subprime lenders) no longer will the consumer be the helpless victim,

These consumer forums are a good place for information and help, but for a newbie working thru all the different threads, different opinions and sometimes fancy full and wishful thinking is a minefield and leads to problems.

Now if you’re still reading then I think it is about time I explained my idea.

Now on these forums there are lots of people who have important documents from blemain and don’t realise the importance of them, there are people who have information, and there are people that understand rules regulations and law, my intention is to bring these people together on a few new blemain threads.

Now each new thread will be about a specific point of law or rule that blemain bend or brake and how to deal with it. (I will give examples of such threads later)

Now there are plenty of threads about blemain why are the new ones different? Well every post (unless it’s a question) will be required to post a link or quote a rule or case law to backup what they are saying.

What information will be found in this thread? Any information must be able to stand in court or in a complaint to the regulator if you post that you have a document then you must be willing to post up a copy. (With all personal info removed of course)

Why do I think this post will make a difference?

When you bring people together and the combined knowledge of the group will be enough to stop blemain taking advantage of people that don’t know better.

A good example of a thread would be one on a subject access request, if everyone posted up a list of all the documents they received when they did a SAR then eventually we will see that blemain are very selective over what they send out in a SAR. How many people have received an OFFLINE TRANSACTION REPORT in response to a SAR a very important document in showing unfairness? Anyone received an underwriting sheet?

What I am after now is some advice on what names to give to the new threads. Examples below

1 blemain subject access request (SAR)

Place to share what information and documents you have

2 Blemain taking me to court (CCA Regulated)

This would be the place where it is so easy to turn the tables on blemain. Time to hammer them hard and stop being the victim, easy to do and risk free as long as you can show you can afford to pay a small amount off the arrears.

3 Blemain have a suspended possession order (get it set-aside)

Depending on a few things but this is doable, risk of incurring court costs and takes a bit of effort and understanding of the law. (Not to be attempted without an understanding of what you are about to do)

4 Reclaiming Blemains unfair charges

This is where the information on how to get blemains unfair charges returned, this will be a long process, two options court or the FOS blemain don’t give back charges when you send in letters, they may make a token offer one I know about is that they offered £400 on a claim of over £4000 of charges.

5 Blemains unfair practices

This is where we show unfairness, the use of monarch recoveries is a massive unfairness the guy that started blemain lost his job thro the use of monarch, the OFT shut down logbook loans for doing exactly what monarch/blemain were doing. Undisclosed commission paid to brokers another big no-no.

6 blemain general discussions

This is where all debates take place about any issue to do with blemain, this is where you tell about your experience with blemaiin, if you have something but you can’t quite prove it mention it on here and other people just might have the prove.

Think of blemain as a jigsaw and we all have some pieces, I for one think we should put all the pieces together and finish the jigsaw.

It’s late now and I need to go to bed but hopefully I have given you something to think about.

WP3

  • Confused 1

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Count me in! wp3 i have just discussed somthing similar in a private message on a different site, i also thought it may be benificial to attract other sub prime lender activists and combine the knowledge as i believe they may all work the same way. But i share your way of thinking i know a lot of people are in fear of coming on these forums but i am not. You are totally right though the pieces of information are all over the place and need bringing together. Also without coming out and telling your/my stories how does anyone know if they are a one off or regular practice. i have a list of around 30 complaints / aligations against Blemain & lancashire mortgage corporation. I don't think people realise what they can even complain about. I wish you and your family all the best for 2013

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Excellent advice WP3......and the best of luck with this.

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I'll add my two penneth where I can although not a blemain customer.

 

My fight is with Barclays FirstPlus (we have our own website) - same arguments though, and I have masses of stuff on the law, regulation and codes of practice.

 

You do need structure and it may be best if you set up your own dedicated site or at least get cag to give you a sub forum.

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Thanks Halifax

If you could post a link to your website i would be very grateful, as for setting up a website i don’t have the knowledge or the time at the moment.

As for a sub forum on CAG then that would be something that would be very helpful,

I know some MODS read this thread so a question for them would be if we could have a blemain sub section ?

WP3

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Hi WP3, all the best for the new year and stay strong.

 

Your idea is good as it will bring all the releveant information together making it easier for newbies. The research you and many others have done will be easy on hand rather than to be hidden away in many pages.

 

I wanted to know the process on how to set aside the suspended possession order and how blemains conduct in obtaining the otder was incorrect. Ive done a sar but they sent basic info. I have requested for the commission sheet which they are refusing to send and say its not considered as 'personal data' under the SAR request. I will send them a final letter before action under the provisions of Data protection Act,CCA 1974 and OFT guidance for brokers and lenders. Any advice before i send them the letter would be appreciated as i feel commission was paid to the broker and not disclosed to me.

 

I have added my agreement minus my personal information for others to view and help with my concerns which are as follows:

 

1- I have PPI added to the loan and was self employed at the time and was led to believe by having the PPI would increase my chances of obtaining the credit even when no benefit to my self employed status. The PPI was added to the sum of the loan and monthly interest charged. I believe this was missold and I can claim this back but would i also claim the interest incurred? loan amount was £10000 and ppi £1512 total loan £11512 at a variable interest rate of 9.8% which is curently at 10.4%.

 

2- Within the key financial information the

(a) interest rate is not documented and only the APR, which is different for the main loan 10.9% ppi loan 10.3% and total loan 10.8%?

(b) Does the interest rate also need to be within the key financial information or is it sufficient to be within the agreement but under other financial information?

© the interest rate is stated as variable to reflect the changes in the market and had changed once from 9.8% to 10.8% in 2007. If this is variable should it not also go down when the interest rate its offset against goes down be it libor/boe? It seems, as the libor/boe rates have gone down blemain have upped their rates to maintain the 10.8% which they have been charging me since 2007.

 

3- under other financial information it states the brokers fee as £0, i think a secret commission may have been paid here as the broker was a third party.

 

4- under other financial information it states loan processing fee of £250

(a) This amount was added to the loan but is not stated within the total loan amount in key financial information

(b) with the addition of this amount to the loan i have incurred interest which is not stipulated within the agreement bearing in mind interest for the main loan and ppi are stipulated.

 

5- I have been charged over £5000 buildings insurance since start of the loan in 2006 which is not stated in this agreement as this is a secured loan. I was charged buildings insurance approx after six months of the agreement till date. How would i argue these charges against these bandits. I undersand they have some t/c's for the buildings insurance but how can they be enforced if they are not within the main agreement?

 

6- I also have unfair extortionate charges for late and missed payment ranging from £30-£46 and plus agent visits of £100 which never happened. I would be looking to claim these back,

 

7- Under the heading your rights, Its says i should have recieved a copy of this atleast seven days prior to this agreement which i did not. I recieved a copy of this at the same time of the agreement.

 

The list can go on but would be keeping it brief for the time being. I believe their are many of us in the same boat and we should get our heads together to fight the financial crimes they are subjecting to us and to maybe even start campaigns to warn others of their actions. I would appreciate every little help on the matters and for those with a sharp eye is their anything within the agreement that ive missed?

 

[ATTACH=CONFIG]40546[/ATTACH]

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I wanted to know the process on how to set aside the suspended possession order and how blemains conduct in obtaining the otder was incorrect. Ive done a SAR but they sent basic info. I have requested for the commission sheet which they are refusing to send and say its not considered as 'personal data' under the SAR request. I will send them a final letter before action under the provisions of Data protection Act,CCA 1974 and OFT guidance for brokers and lenders. Any advice before i send them the letter would be appreciated as i feel commission was paid to the broker and not disclosed to me.

Setting-aside a suspended possession order then read this thread post 107,

Basically blemain send out non compliant default notice and the law is that before they can get possession order they have to send a default notice with all the prescribed information on it, now blemains DN were crap so anyone with a suspended possession order from blemain should look at their default notices as they were a standard document sent out by blenain

Faulty default notice = no possession order or use my judgment to get it set aside.

 

When you SAR them ask for all information and also remind them not to forget the following.

1 CD recording of phone calls

2 underwriting sheet

3 off-line transaction reports

 

I have added my agreement minus my personal information for others to view and help with my concerns which are as follows:

 

1- I have PPI added to the loan and was self employed at the time and was led to believe by having the PPI would increase my chances of obtaining the credit even when no benefit to my self employed status. The PPI was added to the sum of the loan and monthly interest charged. I believe this was missold and I can claim this back but would i also claim the interest incurred? loan amount was £10000 and ppi £1512 total loan £11512 at a variable interest rate of 9.8% which is curently at 10.4%.

 

 

Yes you can claim PPI back as it waS obviously miss sold, it didn’t cover self employed and would never have paid out, so they sold you a totally unsuitable product, claim back interest at a contractible rate, forget about claiming 8% interest on top of this as you haven’t been deprived of this money (yet) it is only what they say you owe them.

 

 

2- Within the key financial information the

(a) interest rate is not documented and only the APR, which is different for the main loan 10.9% ppi loan 10.3% and total loan 10.8%?

(b) Does the interest rate also need to be within the key financial information or is it sufficient to be within the agreement but under other financial information?

© the interest rate is stated as variable to reflect the changes in the market and had changed once from 9.8% to 10.8% in 2007. If this is variable should it not also go down when the interest rate its offset against goes down be it libor/boe? It seems, as the libor/boe rates have gone down blemain have upped their rates to maintain the 10.8% which they have been charging me since 2007.

 

3- under other financial information it states the brokers fee as £0, i think a secret commission may have been paid here as the broker was a third party.

Yes they pay brokers, but each individual has to prove their own case. In my case they eventually sent me a letter saying they paid the broker £500 on top of the £1000 I paid him. (it took me three years to get them to tell me this)

Read post 265 this thread.

 

 

 

4- under other financial information it states loan processing fee of £250

(a) This amount was added to the loan but is not stated within the total loan amount in key financial information

(b) with the addition of this amount to the loan i have incurred interest which is not stipulated within the agreement bearing in mind interest for the main loan and ppi are stipulated.

 

The above is not my strong point and needs its own thread

 

 

5- I have been charged over £5000 buildings insurance since start of the loan in 2006 which is not stated in this agreement as this is a secured loan. I was charged buildings insurance approx after six months of the agreement till date. How would i argue these charges against these bandits. I undersand they have some t/c's for the buildings insurance but how can they be enforced if they are not within the main agreement?

 

There are certain terms and conditions that have to be in the main body of the agreement and others can be in a separate sheet.

What you have above is, anything that they charge you has to be fair (they are not allowed to profit from this)

 

6- I also have unfair extortionate charges for late and missed payment ranging from £30-£46 and plus agent visits of £100 which never happened. I would be looking to claim these back,

 

What you have above is, anything that they charge you has to be fair (they are not allowed to profit from this)

 

 

7- Under the heading your rights, Its says i should have recieved a copy of this atleast seven days prior to this agreement which i did not. I recieved a copy of this at the same time of the agreement.

Can you prove this (documentary evidence)

 

The list can go on but would be keeping it brief for the time being. I believe their are many of us in the same boat and we should get our heads together to fight the financial crimes they are subjecting to us and to maybe even start campaigns to warn others of their actions. I would appreciate every little help on the matters and for those with a sharp eye is their anything within the agreement that ive missed?

 

You are at a position that I was in a few years ago, don’t go rushing into starting court proceedings, you have to understand all the risks; you also have to understand a lot of rules regulations and law. spend a few months getting information, and understanding what you are about to do, there are a lot of people with different opinions on these sites, and as you are the one tacking action then know what you are doing is Wright to the best of your knowledge,

 

There is some good information in this thread and some pointers about rules regulation and law and I think it could be worth your while reading it from the first post (thanks for the help everyone) there is no quick fix for your problem (blemain) but you will feel much better when you stop being a victim,

 

WP3

Edited by welshperson3

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wp3 stay strong took me all week to read all this thread in great detail and intrest as I too have dealing with Blemain took loan out in 2005 for 22,000 which they then added ppi i won ppi in 2011 against click who are now no more.Blemain would not take responsibitlty for ppi as they didnt sell it to me but its on their loan and they are getting interset on that money for the next 20 years (loan was over 20 years) Fought since 2008 complained to fos through no win no fee company about mis selling as advisved by OSwhen going through ppi but because they were not under the fos until 2007 the fso couldnt take matter any further.Complained to FLA who they are or were part of fell on deaf ears. tried to get leagal aid to matters further. Arrears on account loads of charges calls,letters land reg charge x2 over 2 months 10.30% interest a month monthly payment gone up without notice dept adviser calling varoius amounts charged charges from monarch recovery offer to remortage from cheshire mortage, court charges admin charges won some of the charges back but not made clear on statement told by one of the customer service people to stop smoking then could afford to pay my loan asking for income and expediture to be filled in every other month. explained circumstance dont change from april to april as on benfits due to long term disabilty (i have ms and my husband is my care only works 10hrs ) list goes on in court on 5th of feb for rep order.

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Just a little on Blemain, slight digression, but you never know if it helps.....

 

January 14 2013

 

As lenders continue to pursue claims against valuers, they are hailing the decisions in two recent cases as a victory. However, the decisions of Coulson J in Webb Resolutions v E.Surv and Blemain Finance v E.Surv, handed down on 20 December 2012, do not constitute any change in the law; but they do provide guidance on the margin of error of valuations and contributory negligence of the lender.

 

Background

 

Webb and Blemain were two separate claims brought by lenders against E.Surv alleging over-valuations.

 

Blemain: E.Surv valued a 5 bedroom modern detached house located on a small private road in Putney Heath at £3.4 million in July 2007. The borrowers obtained a second mortgage on the property from Blemain. Following repossession, Blemain recovered nothing from the forced sale. In the claim against E.Surv the Court concluded that the correct value was £2.8 million making the valuation negligent by 21%.

 

Webb: This concerned two valuations provided by E.Surv in relation to mortgage advances to two individual borrowers, Mr Ali and Mr Bradley. Mr Ali was purchasing a 2 bedroom flat in a new development in Birmingham. E.Surv valued it at £227,995 in November 2006. The correct value was held to be £204,658, making the valuation negligent by 11.4%.

 

Mr Bradley was seeking a remortgage. E.Surv’s valuation of his 4 bedroom detached property in Whitstable, Kent was £295,000 in July 2007. The correct value was found to be £260,000 making the valuation out by 13.5%.

 

Margin of Error

 

It is a well established principle that valuations are not an exact science and there is a permissible margin of error within which a valuation may fall without it being negligent. The position was clearly set out in K/S Lincoln and Others v CB Richard Ellis Limited (2010):

 

For a standard residential property, the margin of error may be as low as +/- 5%

For a valuation of a one-off property, the margin of error will usually be +/- 10%

If there are exceptional features of the property, the margin of error could be +/- 15%, or more.

 

In Webb, the margin of error for both properties was 5%, mainly because there was a wealth of comparables for both properties. Indeed, the Court viewed the Ali property as being “as far from a one off property as it was possible to get”.

 

In Blemain the appropriate margin of error was 10%, despite both experts agreeing that the margin was 15%. The Court held that whilst the property was “distinctive” there were a number of comparables available.

 

Coulson J confirmed that K/S Lincoln still holds good, but the cases add a little guidance to the factors that would take a residential property out of the standard 5% range.

 

Contributory Negligence

 

Contributory negligence and the associated level of reduction to any damages is a key feature in lender claims. In both Blemain and the Ali loan in Webb, the Court held that there should be no reduction. Conversely, the Court applied a reduction of 50% for the Bradley loan in Webb.

 

Although in Ali it was a high loan to value ratio (LTV of 85%), with a failure by the lenders to investigate the performance of other mortgages or verify income and defaults of £2,477 in Mr Ali’s current account, Mr Ali did not appear to be in substantial financial difficulty at the time of the loan. The Court considered these ordinary features of sub-prime lending. Whilst the Court said such lending was a recipe for disaster, it concluded that the appropriate standard to apply was that of a reasonably competent centralised lender and practices common at the time should not be considered with hindsight. As the sub-prime self certified model was common between 2004-2007, the Court could not conclude that such lending was irrational or illogical. The Court stated that this was simply a re-affirmation of the position set out in Paratus AMC Limited v Countrywide Surveyors Limited (2011) and Banque Bruxelles v Eagle Star Insurance (1994).

 

The Court applied a 50% reduction in the case of Bradley because of Bradley’s financial position. Mr Bradley was clearly in financial difficulty prior to his application. He had £18,000 worth of defaults and £1,000 CCJ against him. The 50% contributory negligence was the result of the particular combination of factors: the remortgage loan was required to consolidate significant debts; an LTV of 95% was considered beyond the edge of acceptability for the market at the time. The Court concluded that this loan should not have been on a self certified basis and that proper proof of income should have been required. The 50% contribution was awarded, noting Paratus v Countrywide where 60% had been applied.

 

Conclusion

 

The Blemain and Webb decisions are in line with case law and re-affirm that the margin of error depends on the nature of the individual property in question. Where there are a number of comparables it is likely a margin of error of 5% will apply. The comfort for valuers is that, provided the right comparables have been used, their valuations should be supported.

 

The ruling on contributory negligence indicates that a Court will be reluctant to find against a lender solely on the argument that their lending model was imprudent albeit consistent with the market at the time. However, the specific circumstances concerning the underwriting of a loan are relevant, in particular the suitability of the product for the borrower’s financial position. Where such negligence is found, significant reductions of 50-60% can reduce the quantum. Surveyors and Insurers should take heart.

 

Further Reading:

 

Webb Resolutions Ltd v E.Surv Ltd [2012] EWHC 3653 (TCC)

 

Blemain Finance Ltd v E.Surv Ltd [2012] EWHC 3654 (TCC)

 

 

A1


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

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Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Glad to see you have found the strength WP3 to return and battle on against the monster once again. May this year bring you and your loved ones great healing both physically and spirituality.

 

Myself and others on your thread have a mirrored situation with comparable lenders to yours, mine is with Swift. It is a good idea to amalgamate all those who have started threads concerning Blemain for starters, to bring everyone together. The consolidation makes it more easy for new joiners to find. From this you could have stickys at the top of the forum for the individual subjects you refer too.

 

You mention the problem of obtaining SAR info. Myself and others have experienced this also. These lenders are selective in their responses, some have aquired the info some haven't and that's not fair. Hopefully, it's only time before the ICO get more involved and insist this so called secret info is divulged, as what is it we are not supposed to know? Something the regulatory bodies should know about?

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Hi WP3, all the best for the new year and stay strong.

 

Your idea is good as it will bring all the releveant information together making it easier for newbies. The research you and many others have done will be easy on hand rather than to be hidden away in many pages.

 

I wanted to know the process on how to set aside the suspended possession order and how blemains conduct in obtaining the otder was incorrect. Ive done a sar but they sent basic info. I have requested for the commission sheet which they are refusing to send and say its not considered as 'personal data' under the SAR request. I will send them a final letter before action under the provisions of Data protection Act,CCA 1974 and OFT guidance for brokers and lenders. Any advice before i send them the letter would be appreciated as i feel commission was paid to the broker and not disclosed to me.

 

I have added my agreement minus my personal information for others to view and help with my concerns which are as follows:

 

1- I have PPI added to the loan and was self employed at the time and was led to believe by having the PPI would increase my chances of obtaining the credit even when no benefit to my self employed status. The PPI was added to the sum of the loan and monthly interest charged. I believe this was missold and I can claim this back but would i also claim the interest incurred? loan amount was £10000 and ppi £1512 total loan £11512 at a variable interest rate of 9.8% which is curently at 10.4%.

 

2- Within the key financial information the

(a) interest rate is not documented and only the APR, which is different for the main loan 10.9% ppi loan 10.3% and total loan 10.8%?

(b) Does the interest rate also need to be within the key financial information or is it sufficient to be within the agreement but under other financial information?

© the interest rate is stated as variable to reflect the changes in the market and had changed once from 9.8% to 10.8% in 2007. If this is variable should it not also go down when the interest rate its offset against goes down be it libor/boe? It seems, as the libor/boe rates have gone down blemain have upped their rates to maintain the 10.8% which they have been charging me since 2007.

 

3- under other financial information it states the brokers fee as £0, i think a secret commission may have been paid here as the broker was a third party.

 

4- under other financial information it states loan processing fee of £250

(a) This amount was added to the loan but is not stated within the total loan amount in key financial information

(b) with the addition of this amount to the loan i have incurred interest which is not stipulated within the agreement bearing in mind interest for the main loan and ppi are stipulated.

 

5- I have been charged over £5000 buildings insurance since start of the loan in 2006 which is not stated in this agreement as this is a secured loan. I was charged buildings insurance approx after six months of the agreement till date. How would i argue these charges against these bandits. I undersand they have some t/c's for the buildings insurance but how can they be enforced if they are not within the main agreement?

 

6- I also have unfair extortionate charges for late and missed payment ranging from £30-£46 and plus agent visits of £100 which never happened. I would be looking to claim these back,

 

7- Under the heading your rights, Its says i should have recieved a copy of this atleast seven days prior to this agreement which i did not. I recieved a copy of this at the same time of the agreement.

 

The list can go on but would be keeping it brief for the time being. I believe their are many of us in the same boat and we should get our heads together to fight the financial crimes they are subjecting to us and to maybe even start campaigns to warn others of their actions. I would appreciate every little help on the matters and for those with a sharp eye is their anything within the agreement that ive missed?

 

[ATTACH=CONFIG]40546[/ATTACH]

 

 

this is a excellent start

 

Mine is Similar i got bad advice from a broker in 2001 after falling into arrears with the Halifax in 2001 i had a mortgage with them from 1997 which was a pep mortgage then the changed it to repayment as i decided not to to pay into a pep

 

with he increased monthly payment fell behind because at the time i had a loan with them missed a payment then they cleared my account out of funds

hence the arrears the mortgage with gmac was with TML and did not even discuss a debt program my ignorance took the lan out with gmac after two years interest rate went up ! did not have a bank account rom 2002 was taken off me and debit card too so could not pay by dd or crd i had a building society passbook s got paid through that and had to wait till funds were in then draw a cheque for gmac then wait till it cleared so i was never going to get a head missed payments totalled £50 pounds charge added to loan along with 10 pounds no dd at one stage i had arrears of £2000 pounds

was taken to courts

had to sell car to clear them was struggling with high interest rates too 10%

 

till 2009 till i swapped to ge money

 

gmac contacted me to offer only the non dd payments pf 450 pounds and said they would defend a court case a letter to ombudsman which they got ? ? said it was a far offer ( But was unfair to add arrears to to loan ) wrote back to ombudsman i as not happy with you

 

i refused and informed

 

that i will bide my time a have my statements from gmac too

 

good luck every one will submit a claim to them via the courts

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I am presently fighting a case against Blemain for excessive charges and unfair relationship. Thought you would want to know

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I am presently fighting a case against Blemain for excessive charges and unfair relationship. Thought you would want to know

 

Well done!

 

Please keep us informed and have you started a separate thread? For now, it can be started in this forum to keep you with WP3.

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Thanks wp3.

 

You are right alot needs to be researched as we common folks are ignorant of the web we are in. I will be sending my letter to obtain the info they didnt send me with my original SAR. Anything in particular i should ask for?

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As some people are aware I have an ongoing dispute with Blemain finance,I have spent the last 5 years (thousands of hours) researching case law, rules and regulations, consumer law is hard work and for anyone, so I am going to start new threads on each point that blemain my or may-not be braking the rules,

 

As this is a self-help site I hope that everyone with any information will post it up and collectively we can show how to beat unfairness.

 

What I would like to see on these threads is FACTUAL information (its no good going to court and saying to the judge “ thingy on CAG says this so it must be true”)

If you say something is unfair then put a quote from a rule or regulation to show what makes it unfair.

 

Basically there are three different types of loan that the Blemain group of companies supply they have different rules and regulations that apply to each type of loan, so make sure that you know what type of loan you have and what you are reading applies to your loan.

 

1 first charge mortgage

2 consumer credit act regulated

3 unregulated

 

Finally I have started each thread for a specific point, if we keep to the point then it will make it a lot easier for anyone new to find and understand, if there are points that are missed then we can start a new thread for it.

 

 

Thread: .Blemain Subject access request (DSAR)

 

Thread: Blemain unfair terms and conditions and documents and practices

 

Thread: Blemain going to court repossession

 

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

Edited by welshperson3

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It’s easy to say blemain charged me £35 for a letter or phone call and that is unfair. But why is it unfair, what makes it unfair?

So if someone would be so kind and post-up a list of what Blemain charged then for, then we can start looking at the terms of the agreement and the relative rules that apply.

wp3

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As some people are aware I have an ongoing dispute with Blemain finance,I have spent the last 5 years (thousands of hours) researching case law, rules and regulations, consumer law is hard work and for anyone, so I am going to start new threads on each point that blemain my or may-not be braking the rules,

 

As this is a self-help site I hope that everyone with any information will post it up and collectively we can show how to beat unfairness.

 

What I would like to see on these threads is FACTUAL information (its no good going to court and saying to the judge “ thingy on CAG says this so it must be true”)

If you say something is unfair then put a quote from a rule or regulation to show what makes it unfair.

 

Basically there are three different types of loan that the Blemain group of companies supply they have different rules and regulations that apply to each type of loan, so make sure that you know what type of loan you have and what you are reading applies to your loan.

 

1 first charge mortgage

2 consumer credit act regulated

3 unregulated

 

Finally I have started each thread for a specific point, if we keep to the point then it will make it a lot easier for anyone new to find and understand, if there are points that are missed then we can start a new thread for it.

Thread: .Blemain Subject access request (DSAR)

 

Thread: Blemain unfair terms and conditions and documents and practices

 

Thread: Blemain going to court repossession

 

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

Edited by welshperson3

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If we can start this of with some standard template SAR letters that people can copy and past then send to Blemain that would be good.

 

Then if we can get some lists of what Blemain will send out, and also a list of what they wont send out that way people will know what to expect in response to a SAR.

 

Finally what to do if Blemain wont comply with a SAR, who to complain to, ether or court action.

wp3

Edited by welshperson3

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