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Me and Blemain


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Sent SAR and cca request,

 

the next day we received a whole lot of stuff including credit agreement,

copy of their final offer from Nov last year

and another revised final offer giving us 6 months to accept or reject their latest final offer or go to FOS.

 

Today we got in the post our requests returned to us as "addressee gone away"

the address we sent them to was the address that is on their court papers sent to us for later this month.

 

So surely that address if not used anymore shouldn't be on the court papers served to us?

 

The address was blemain finance ltd, bracken house, charles street, manchester, m17bd.

 

Interestingly we also received a call from someone who knew we had an account with Blemain finance

and were asking if we were mis-sold the loan!

 

Wife called them to ask about the address and was told it changed in September 2012!

Edited by Bigmac versus
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I suspect their solicitors messed up but that they wouldn't have too much trouble amending the claim.

The Consumer Action Group is a free help site.

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

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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Have you checked with the court if there's a sist? Also if they are aware that the address is wrong.

The Consumer Action Group is a free help site.

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

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 for that, will check with court regarding sist, they did say would be requested on the day though, we do however have emails confirming sist will be requested. Will appear on the day in question to find out. Maybe i could ask for it to be struck out due to address? Would only reissue but would be funny.

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Got another set of accounts from them through the post, as clear as mud.

 

These accounts are terrible to understand and the few i have been sent all have differences,

 

I have had to write again explaining i need a true up to date statement of account

they claim is owed to them.

 

Dont want to complain about something they have removed in their final response.

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Posted again to new address, now the waiting begins. Will look into mis-selling in the meantime.

 

Hi Bigmac, may be useful info here http://www.fca.org.uk/firms/firm-types/mortgage-brokers-and-home-finance-lenders/mcobs/scope-of-regulation

 

http://www.which.co.uk/consumer-rights/problem/i-think-ive-been-mis-sold-my-mortgage-what-can-i-do

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Been reading up loads on Blemain and found lots of interesting stuff,

 

found a few things in the terms and conditions too that im sure can be proven Unfair

given the opportuniity in court.

 

My fear is at some point they realise this and drop the case leaving me with a charge on my house.

 

They do make mistakes and lots of them and i hope they pay for it.

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I think the sar will be your golden bullet

 

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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Been reading up loads on Blemain and found lots of interesting stuff,

 

found a few things in the terms and conditions too that im sure can be proven Unfair

given the opportuniity in court.

 

My fear is at some point they realise this and drop the case leaving me with a charge on my house.

 

They do make mistakes and lots of them and i hope they pay for it.

 

I'm not sure that I follow you here Bigmac. If they drop the case that doesn't prevent you pursuing charges etc, which will reduce the balance. Was the original loan secured or unsecured and they later got a charge put on? When the debt is cleared, as I understand it the charge can be removed can't it? Or am I being dense?

The Consumer Action Group is a free help site.

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

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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  • 2 months later...
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.

 

has anyone started a thread regarding Mis-sold mortgages?

 

 

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  • 1 year later...

Hi all, i decided to put together a complaint (32 pages) and send to the FOS, they have taken best part of a year to get back to me and basically a total waste of time there. I am now back in communication with Blemain and the ball is up and running again so to speak. Will update as and when anything changes.

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  • 1 year later...
  • 2 weeks later...

Looking at the broker side of things having had received commission from the lender without disclosing the amount or indeed notifying me of it then the impartiality of the broker acting as my fiduciary can be questioned and the commission paid seen as a bribe.

 

I think there is a case to answer here regarding an unfair relationship but coupled with the fact that the broker I contacted who was advertised as u uk company (freedom finance) was actually not the broker and the broker fee and commission went to bespoke finance based in gibraltar and as they are not within the jurisdiction of the uk regulatory bodies. This was not something I consented to or had any knowledge of till my SAR came in. This in itself throws weight to this unfair relationship argument.

 

Any thoughts?

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if you use our search cag box top red toolbar

bespoke finance

you'll see most claims have been settled without their involvement

its a smokescreen

by whomever the lender was.

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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Just an update; Court is ongoing and I have a solicitor to represent me as per the judges request.

 

I am requesting the judge to make an order under section 140(b) (1) of the CCA 1974 for the contract being used unfairly by Blemain (various reasons which I will go into if successful)

 

If the above fails I am challenging the fees applied to the account as they are penalty fees using the monarch route and OFT guidelines on debt and arrears collecting.7

 

I am challenging the building insurance and legal costs applied to my account and require evidence such as payments made to both claims as per the FOS.

 

Other issues such as hidden commission paid to the broker may come into it as I had no dealings whatsoever with bespoke and certainly didn't get independent advice from them acting as my fudiciary as to wether or not Blemain was a suitable lender for me, not to mention the interest rate argument.

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  • 2 months later...

Hmm. Just spotted an email notification of an interesting post from another Blemain warrior fighting similar battles to you Bigmac. Seem to have missed your posts somehow and that one's gone. :-/

 

Regardless, I'm glad to see you've lost none of your tenacity and are still in there fighting Bigmac. Wishing you and yours a great Christmas and a successful and prosperous new year. xx

The Consumer Action Group is a free help site.

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

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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