Blemain finance CCJ's - charging me late fees

[nav110]

Hi all,

newbie to the site and require help.

Already searched many of the threads and a lot of information to digest as well as it all being abit confusing.

 

I have 2 secured loans with blemain finance

they have county court orders dating back from 2010 for arrears of aprox £2000 on each account (£4000)

was ordered to make payments of £200 on each account to pay off the loan as well as the arrears.

I have maintained these payments month by month but i still occurred monthly arrear charges of £46 if my payments were a few days late

and also interest on the outstanding arrears.

I have notified them that i may be few days late with payments,

to which they say 'nothing can be done as the courts have ordered for payment on the specific date'.

 

I made a complaint and spoke to a manager in the collection department who told me that the charges were fair and regulated by OFT

and were not excessive and reflect the cost for being in arrears.

He took my complaint and advised methat the response i will receive will be no different from what he has already told me (very arrogant of him).

 

I have done a sar ( thanks to the advice i have read on this website as unaware of it previously) and will be anticipating for the information.

 

I believe £46 is excessive and unfair for monthly arrears and also read elsewhere that another borrower is being charged £35.

Could blemain justify charging me £11 more?

Also has anyone successfully claimed these charges back from blemain?

 

Can i also claim back the interest charged on these arrears?

 

These arrear charges and the interest on the arrears are never ending and putting myself into further debt.

I dont think i would ever be able to pay off the loans with this arrangement.

Edited November 14, 2012 by nav110

[honeybee13]

Hello there and welcome to CAG. I hope help will be along soon.

 

I've edited your thread title in case it causes problems.

 

My best, HB

[dx100uk]

they are wrong

 

there is not remit

[unless it is SPECIFICALLY mentioned in the CCJ judgement box

to charge PENALTY late fees.

 

even under normal loans, these are STILL a PENALTY fee.

 

and the OFT has certainly NOT said ANY fee is fair nor regulated by them.

 

what a little fibber!!

 

get reclaiming all the fees + the interest they have gathered.

 

you need to remind him that what is WRITTEN in the judgement boxes

by the JUDGE is the LAW.

 

not whatever silly T+C's they rely upon

 

i think the judge would be rather annoyed to see they have varied his judgements on his behalf

 

dx

[nav110]

thanks guys for the replys.

 

Its funny how the collection manager was so adment and forceful with his opinions on the law. I will definately be persuing this matter further and will claim the monthly fee's as well as the interest on the arrears.

 

dx100uk do u reckon i should do this through the courts rather than the ombudsman if blemain fail to comply?

[rdm2006]

Here is the letter you need (amend as required)

 

write to blemain direct.

 

You could also quote the fine placed on DB Mortgages part of which was for unfair charges see 2.6 (3) [page 4] Breach of MCOBS (FSA Mortgage Conduct of Business rules)

 

report them to the FSA too (mark your email for the Enforcement and Financial Crime Division)

Edited November 14, 2012 by rdm2006

[nav110]

Hi guys, managed to get my sar today and what a disappointment.

 

I was looking forward shovelling through the mountain of data they hold, but all they sent were account statements and the original loan application. Iwanted a whole wealth of additional data which they are reluctant to give.

 

I called to find out why they sent me the limited data. The agent after speaking to her manager said all other data was seen as excessive and not bound to my sar request.?!?!

 

After a polite grilling the agent is to look into it further and will updateme with my request. Fingers crossed.

 

I know unfair arrear/letter/telephone fees and ppi are claimable but was wondering if i can claim the following also:

 

1- Building insurance - I have been charged £3579 over a 7 year period for building insurance which i dont need. The loans are second secured loans and i already have building insurance with my mortgage provider. The interesting thing I found was the inconsistency and excessiveness with the charges since it’s a block policy only for the interest of blemain. The following charges occurred:

 

2007

 

Building insurance £896

Building insurance £130

Building insurance block policy £130

 

2008

 

Building insurance £513

Building insurance £130

Building insurance block policy £130

 

2009

 

Building insurance £490

Building insurance £22.00

Building insurance block policy £130

 

2010

 

Building insurance £513

Building insurance block policy £195

 

2011

 

Building insurance £140

Building insurance block policy £116

 

2012

 

Building insurance £128

Building insurance block policy £116

 

2- Broker Fee- £1275

 

3- legal fees etc - £1581 Can i claim these fees back? they include all sorts like, issue of possessions proceeding, default notice,collections instructions, court hearing fee, court preparation fee, collectionvisit etc.

 

Finally is there any spread sheets/formula’s to help me work out the different charges im entitled to claim for and should I add a further 8% to the final figure?

[dx100uk]

building ins YES, go get them

they've pulled this staunt before on someone here

 

they got it ALL back + int at THEIR mortgage rate.

 

fees and ins should be two sep spreadsheets [sOC's] use THEIR int rate. [or an avg if it varies]

 

 

use the last sheet on this post.

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

3-legal fees etc - £1581 Can i claim these fees back? they include all sorts like, issue of possessions proceeding, default notice,collections instructions, court hearing fee, court preparation fee, collectionvisit etc.

and i'd say YES to all these.

as the COURT CASE costs you, and those costs are on your judgement.

dx

[nav110]

hay dx100uk, u ever sleep?

 

Thanks for the info will look into the building insurance through the forum.

 

just two little questions to help me understand.

 

1- whats compund interest? and is this the only interest that i can charge on to the fees im claiming for or can i charge a further 8% as i have read somewhere?

 

2- "3-legal fees etc - £1581 Can i claim these fees back? they include all sorts like, issue of possessions proceeding, default notice,collections instructions, court hearing fee, court preparation fee, collection visit etc

and i'd say YES to all these.

 

as the COURT CASE costs you, and those costs are on your judgement."

Can i claim for the fee's which you have highlighted in red or can i claim for all the fee's, sorry that i didnt understand your full statement and ask for you to clarify this further. I been living as a dumbass for far too long and before i proceed to take any actions i want to fully understand the process and my rights.

[dx100uk]

the court costs will be listed on the judgement

those are the only 'legal' legal 'fees' you should have to pay i'm sure

 

those listed i'm sure you can try to get back

 

use you mortgage int rate [what they charged you]

no unless you file for court - no 8% yet.

 

 

dx

[Lea_HTH]

Court costs are rarely (if ever) included in a judgment for a mortgage possession case.

 

This is because the litigation fees are a matter of contract, and the court has no jurisdiction over them,

bar sanctioning the mortgagee if they bring irrelevant or malicious claims (this is not the case when there are actual arrears on the account).

 

If you want to reclaim litigation costs from the mortgagee, you have to first ascertain whether the costs themselves are reasonable.

 

For example, a figure of around 600 for a first hearing, is perfectly acceptable.

 

If there are repeated applications or contact with the court, or preparation of paperwork etc, then these are also chargeable,

with a total cost of around 1500 not being unusual

- additional hearings and paperwork will cost more.

 

You would need the costs assessed by someone else (who you'd have to pay),

and the most likely outcome is that they will not be deemed unreasonable.

 

You can ask your mortgagee to provide you with a breakdown of the work they undertook and the individual costs for each item.

[dx100uk]

thank you LEA

 

d

x

[rdm2006]

anyone know what is the average cost for a repossession? we had £4,000 of equity in our property but are now being chased for a shortfall of £8,000 which is added court costs so thats £12,000 in total is that excessive for a repo?

[nav110]

thanks guys will update once i have conclusion

[citizenB]

Did you not receive a communication log in your SAR ? This would be a kind of diary of events of all the activity taken on the account ?