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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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Hi everybody,

 

starting a thread regarding Blemain finance,

 

took a loan out for £5k over 5 years secured on my house,

had problems keeping up repayments for reasons that Blemain were informed off.

 

Just managed to clear the loan and the arrears on the account but they have taken advantage of my unfortunate situation with crippling charges and legal costs.

 

I am now going to send a SAR and fight them if i can for the charges to be either cancelled or reduced if possible.

 

As it was a joint loan with my wife we have received in some months 5 letters each at £35 each making them a tidy £350p/m.

 

Update when I get more info.

 

Thank for reading

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Oh dear. Blemain made a mistake doing that to you!

 

Look forward to updates and of course you know you'll get help if you need it.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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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Nice to hear from you, im a bit ring rusty Caro, tried to mail you but some things never change, inbox is full, :)

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don't forget to reclaim them at compounded int rate

 

we have new spreadsheets now.

 

there is a very large thread on them here

 

everything you ever want to know is there

 

dx

 

 

ps welcome back


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thx dx, found it, its big allright.

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Thx dx, found it, its big allright.

 

Oh no, Blemain up to their old tricks again! It sounds like you have incurred arrears charges, and yes they used to charge per letter and send you as many as possible to up the profits!!

 

While you are working on completing the spreadsheet, fire off an email to them at collections@blemaingroup.co.uk and ask them to review the charges applied as you believe they have charged you unfairly. They will then have 8 weeks to respond to your complaint. That way you can go to FOS all the more quicker if you don't get what you think is fair!

 

My partner has had old fees wiped from his account by doing this and the recent SAR we received doesn't show anymore! I wish you luck!

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hi cheesed_off thanks for that, i will do exactly that, asked for statements and got a basic breakdown of what they say is now owed. The loan is paid off but there are outstanding interest and charges. Deep breath-----------COSTS AND CHARGES £6,799.53 and DEFAULT INTEREST AT £4,430.51 TOTAL settlement figure of £11,230.04

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brilliant - keep us updated on what they say!

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Thats the email sent.

 

They just ignore mine !

 

Good luck.

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Thats the email sent.

 

I take it the email was ignored then or have you had some success? Fingers crossed! Co

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    1. Read and understand these
    2. The final notices for CMCL, Moser and Lawton.

      Quote them to blemain when you complain about charges.

      [*]

      The only reason why CMCL got fined and the rest of the blamain group of companies didn’t, is that, the only company in the group that was regulated bythe FSA is CMCL.

      [*]

      So this is proof that what the blemain group of companies has been doing has been found to be unfair.

      [*]

      CMCL are part of the blemain group, the group all operate out of one building they all operatein the same way.

       

      Blemain will respond by saying that your agreement is with blemain and not with CMCL so this has nothing to do with your charges being fair or unfair.

      [*]

      Take no notice of what they say and tell them that if it is unfair for one of their companies to do something then you believe a court would find it is unfair in all circumstances.

       

      If you read and understand what is shown above then it will be quite easy to get your charges back,

       

      Wp3

       

Edited by welshperson3

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Hi Croydon boy

 

If blemain were to take you to court, then you would put in a defence and use the above as evidence.

 

Second option is that you start a court claim and use this as evidence.

 

 

 

I would not recommend anyone start a court claim until they fully understand the proses, and what they are about to do.

 

Wp3

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Any news bigmac?


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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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Hi all,

it has been a while since i updated and this is because they do take a while to respond.

 

I eventually complained to Blemain for the level and amount of charges applied to the account

and they gave a final reply in Dec past by saying we will remove £800 from the total!

I wrote back saying this was not acceptable and their reply was the same.

 

My wife then contacted the FOS and gave them a brief explanation of what had been going on

and they said they would investigate our complaint further,

this was around 3 weeks ago so

 

all was quiet until this morning when we received court papers to appear and fight a repossession order next month!!!

 

My wife contacted Blemain and informed them that our complaint was now in the hands of the FOS

and that she would be notifying them of the impending court action.

 

She contacted FOS who then immediately spoke with Blemain and got back to her saying the court case was to be Postponed.

 

My wife wasn't too sure with this being told over the phone so called the court to confirm

and found the court didn't know anything about the case being postponed.

 

She again contacted Blemain and explained we were not happy that a court case was raised whilst our complaint was in the hands of the FOS

and for them to then try to request the case to be sisted was not something we were happy about

and if it was not dropped then we would appear on the day in question to object to that.

 

Long and short of it all is the case is to go to court and they will ask for it to be sisted.

 

Interesting to note that after Blemain were contacted by the FOS their interest in our complaint almost seemed genuine

and they have asked to be allowed another look at the complaint before the FOS deals with it.

 

WP3, Going to start reading up on that.

Edited by Bigmac versus
additional

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how about adding some line breaks?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Was Posted prior to edit for the mrs approval of events, wasn't finished so :razz:

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:lol:

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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FOS are a waste of time. In our case they said Blemain were entitled to charge us.

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Hi bigmac :-D

 

Sorry to hear you're still having problems.

 

If you haven't already considered it you might like to research if your mortgage was missold for example due, for example due to self certification or not checking affordability.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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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Hi Caro,

interesting point as the original amount borrowed also included a payment they made direct to my mortgage arrears of over £1100

so hardly checked affordability,

 

was all rushed through Ocean Finance who were the broker in this loan.

 

Broker fees and loan arrangement fees, title fees, you name it they charged it.

 

I spoke with blemain today (head of complaints) and asked why now they wanted to have another look at our complaint was it because we had contacted the FOS.

 

The reply was that in Oct 2008 changes through the CCA meant handling of charges were changed and any charges prior to that date may be removed.

 

I did touch on the final ruling that WP3 was talking about and their reply was that it has no bearing on this account (as expected)

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Don’t believe what blemain are telling you about them asking for the case to be stayed on the day of court.

 

What blemain will do is to send a solicitor to court with orders to ask for possession of your home.

 

Get yourself ready to deal with a possession hearing

 

 

 

Read up on putting someone to strict prof send blemain and the court a letter saying you dispute the amount claimed and you are putting the claimant to strict prof on what they are claiming.

 

wp3

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Hi WP3 I am bigmac's wife. Thanks for your reply. I was concerned that what you have just said would be the case, so I asked for a letter confirming this was their intention to be emailed to me. I have that stating that their intention is to request a sist until after the complaint with FOS is concluded.

 

I have also telephoned their solicitor and confirmed that they have been instructed by Blemain to sist, which they do not usually do, as they receive instruction the day before.

 

Should I still be suspicious even though i have a letter stating they will sist?

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Hi WP3 I am bigmac's wife. Thanks for your reply. I was concerned that what you have just said would be the case, so I asked for a letter confirming this was their intention to be emailed to me. I have that stating that their intention is to request a sist until after the complaint with FOS is concluded.

 

I have also telephoned their solicitor and confirmed that they have been instructed by Blemain to sist, which they do not usually do, as they receive instruction the day before.

 

Should I still be suspicious even though i have a letter stating they will sist?

 

 

Absolutely you should be suspicious unless you hear directly from the court that it's been sist, As WP3 says, be prepared for a possession hearing.

 

 

Regarding misselling, there's info here. http://www.which.co.uk/consumer-rights/problem/i-think-ive-been-mis-sold-my-mortgage-what-can-i-do


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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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