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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Blemain Blemain Blemain, always the same.


bshowe4
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To keep it brief.

 

I had a secured loan of £5000 that I took out in 2006 with the ever delightful Blemain.

 

Many crazy things happened to me over the course of the loan and I did fall into arrears on occasions

and did have to go to court once for repossession but the contractual amount that I was scheduled to pay on the loan has all been paid back now.

 

It was £7520, all done and dusted last October.

 

After I finished paying the loan Blemain sent me a letter telling me that I still owed them another £7000 (not unexpected)

but the nice thing was there was a "goodwill gesture" of £1500 deducted from the balance and now I only owe them £5500, which was nice!

 

I did ring them and I complained about their fees etc and they put me through their internal complaints procedure

and they have gotten back to me and they have found numerous errors in my account and have identified £1200 of excessive charges so they have taken them off my account...

..... but hilariously they have deducted it from the "goodwill gesture".

 

I intend to fight the remaining charges on the account, and put up a good fight too with these bas#ards,

don't know if I am in the same league as Welshperson but then who is, but I'll try.

 

 

What I really want to know is

 

now I have finished paying my contracted loan amount what recourse do Blemain have to collect the money they say they are owed.

 

Can they repossess my house still,

I think they may still have a suspended possession order or do they have to go down the more usual debt collection route, CCJ, bankruptcy etc.

 

I have looked all over these forums and others but I cannot find the answer.

 

I have paid the loan so I cannot be in arrears,

they say they I owe them further money but that is in dispute,

this is not a delinquent account just one in dispute.

 

Any help would be much appreciated. It would just be nice to know what threat they can use to get the money out of me while I fight them.

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first port of call is an SAR

 

get aLL the statements

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx, thanks for the reply. The SAR went in on Monday so waiting for that to come back, and that will be a week going through that little lot. But the question I asked above is what I need help on, can Blemain still move for repossession now I have come to the end of the contract and paid what I was contracted to pay? They are trying to get me to make the charges amount into a new loan and credit agreement but they can get lost. Exactly what hold do they have over me now.

Edited by bshowe4
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cant see how they can make charges a new agreement

they'll be part of the old one.

 

if you had a CCJ

what was in the judgement box is ALL you have to pay

from that date.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi bshow4

 

Sorry to hear you got mixed up with blemain, but I think you are in a strong position to deal with them

 

 

 

 

What I really want to know is

now I have finished paying my contracted loan amount what recourse do Blemain have to collect the money they say they are owed.

The terms of your agreement allow Blemain to extend this agreement for however long they want

Can they repossess my house still yes if you don’t fight them

I think they may still have a suspended possession order or do they have to go down the more usual debt collection route, ccj , bankruptcy, etc

A basic explanation of a suspended possession order is that it becomes another term of your original agreement, and they work together. So while your agreement is still live then so is your suspended possession order.

If I may make a suggestion it is that you look at the suspended possession order I think that you will find that it says something like you pay your normal contractual payments plus an amount of the arrears.

 

Now when you have paid off the arrears you can apply to the court to remove the suspended possession order, you can do this anytime as long as you have cleared the arrears.

 

One final thing that you haven’t asked but I think it is relevant is that blemain still have a charge over your property, so if you sell it they will get whatever they want before you get what is left.

 

You have to deal with this but don’t rush in before understanding all the options and consequences.

 

Some questions that need answering before anyone should be giving you advice, different rules apply to different agreements.

 

1 is your agreement CCA regulated

2 date of agreement

 

wp3

 

 

 

 

 

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  • 2 weeks later...

Thank you all for the replies and sorry for the delay in replying. It's all been fun here as I was just on holiday and my Gran was suddenly taken ill a couple of weeks ago and died in hospital. I had to come back from holiday and then had to wait to go to my sisters house to retrieve all of my folders and files. All settled down now so back to the wonderful world of Blemain Finance.

 

Blemain still do have a charge over the house yes, but that is not really an issue for me. I love my house and have no intention of selling. Don't get me wrong, I would love them off the deeds but them being on makes no odds to me at the moment.

 

I signed the contract for the loan on the 10th July 2006 and Blemain signed the contract and the deed on the 17th October 2006. The loan IS regulated by The Consumer Credit Act 1974.

 

As for the suspended possession order I will wait for the SAR to come back and see how it is worded before seeing what action I can take. Which cant come soon enough.

Edited by bshowe4
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  • 1 month later...
  • 2 weeks later...

Been reading through the SAR.

I wish I could say it makes interesting reading but it just doesn't.

 

Lots of inaccuracies on the transaction details sheet and funnily enough not one mention of Monarch Recoveries in the whole SAR but nothing unexpected.

 

I have read the original claim for possession of my house and the claimant was asking for possession on the grounds that

"the defendant has not paid the agreed repayments of the loan and interest"

and then

"Please refer to the statement of account enclosed at exhibit bfl1"

 

Reading the exhibit they are claiming repossession for the arrears on the account at the time £1488 (cleared now)

and the total amount of the loan owing in February 2008 when the claim was issued which was £7580 (which is also now paid off).

 

Blemain have moved for the possession order to be enforced and have a warrant for possession

but I have managed to get them to suspend this while I go through the SAR and decide what to do.

 

The lady on the phone last week was almost insisting I took this case to the FOS,

but with my loan being regulated through the CCA I thought the OFT was the way to go.

 

I would like to get this possession order lifted if possible, it doesn't seem right that I have complied with the court order but they can use it against me still.

 

Thanks for reading and any advice would be gratefully received. xx

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I have been reading the papers from the SAR all day and confusion reins. I have though noticed that Blemain have prepared a Settlement Quote for Compass Finance and then charged me £50 for the quote. I am pretty sure I never applied to Compass Finance for anything and when you put Compass Finance into Google this comes up ....http://www.guaranteed-secured-loans.co.uk/ which is the same company that comes up if you type Blemain into the CAG search. What is that all about?

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