impending reposession Blemain..

[slick132]

Hi Marvin,

 

List the charges on this spreadsheet - http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=34009&d=1330899219

 

Just enter the date, brief narrative and amount for each charge.

 

Let us know the approx total, and confirm how that compares with the amount claimed.

 

[marvin1]

right, i have read a few times and understand the letter, i have just one query, can i include the insurance charges as unfair penalty charges or do i need to list them as a separate item and give reasons as to why i dont think we should have been liable for the charges. although we didnt actually send copies of 'our' buildings insurance we did write and tell them that we had cover and also informed them by phone. soon as i get an answer i will finish it off and post by recorded Monday morning.

 

Marvin

[slick132]

Hi Marvin,

 

Has the question of insurance been discussed earlier in this thread - if so, please confirm where so I can look back.

 

If this is a new topic, can you briefly confirm on what basis you contend the insurance is inappropriate, unfair, etc.

 

[welshperson3]

Hi Marvin

 

 

 

Blemains insurance charge is a penalty charge the same as all the other charges added to peoples accounts.

 

I will explain (in basic terms) what makes a charge a penalty and what makes a charge unfair

 

1 for a charge to be a penalty = it is something that you have to pay when you breach one of the terms of the agreement.

 

So term xxxx says you have to insure your property and put blemains name on the policy, you didn’t (no big deal) so blemain charge you, step one of becoming a penalty.

 

2 Rules and regulations allow lenders to make a charge when someone breaks a term of an agreement (I think this is fair) what is not allowed is for lenders to make profits from these charges, and they make huge profits from adding insurance . Step two this is now a penalty charge.

 

Basically it’s a penalty because it happens when you broke one of the terms of the agreement and then they charged you much more than it cost them.

 

 

 

There is also another reason that makes the insurance term in blemains agreements unfair.

 

If I may explain what would happen if you add blemains name to your insurance policy

 

Not putting blemain on insurance policy scenario

 

You insure your house for its rebuild cost so that in the unlucky circumstance that it burns down your insurance will cover the cost of rebuilding it and this is what will happen if you don’t put blemains name onyour insurance policy, after the rebuild blemain will still have a charge over your house and things go on as if the fire never happened.

 

 

 

If you put blemain on your insurance policy scenario

 

You insure your house for its rebuild cost so that in the unlucky circumstance that it burns down your insurance will cover the cost of rebuilding it, but you also put blemain on the policy, now the terms in blemains agreements state that should you make a claim on your insurance then blemain get paid all what is owed before anyone or anything else, so if you claim on your insurance blemain get paid first leaving you without enough money to rebuild your house, so now your homeless as you don’t have enough money to rebuild your house.

 

wp3

[welshperson3]

Marvin you only have about 15 minutes max in court, and you just have to show you have a reasonable defence as to why you don’t owe blemain what they say you owe them.

 

The judge will set this down for a trial (give you another date)he will also give directions on what has to be done before this date and you canask him to direct that blemain prove what is owed.

 

So when in court tell the judge that you are putting the claimant to strict proof as to what they are claiming and ask him/her to order blemainn to supply this information and then allow you to put in a defence.

 

In your defence you will have two things that will make blemain have to prove that all costs they added to your account are fair, (putting them to strict proof and the CCA s140 ) im sure the £35 phone calls really cost them £35 to make.

wp3

[welshperson3]

Anyone reading this that has a regulated loan with blemain then may I suggest you read the terms and conditions of your agreements, there are more unfair terms than there are fair terms in your agreement, what these terms allow blemain to do to you is shocking, you real did sell your soul to the devil when you signed this agreement. ( I signed one I’m ashamed to say ) but there is a cure you just need to challenge them and stop being a victim, It will make you feel a whole lot better.

wp3

[marvin1]

well i feel a lot lot better already with all your invaluable help, i am now preparing the letter to send to the court, i will actually take it down personally and also send a copy recorded to blemain.

one interesting point, i received a letter from blemain yesterday which is a 'terms and conditions revised tariff charges'. on the reverse of the letter there is a list of all their charges, including charges for arrears. funny thing is there is only one charge listed for arrears...an account management charge of £50 per month while the account is in arrears. no other charges or fees if someone is behind with payments.

 

Marvin

[marvin1]

Hi all, i would like to get in contact with either welshperson3 or site team member with a question that i dont really want to put up on here..could a team member please let me know how i can do this.

Also, had a letter from blemains solicitors this week saying they have asked for the hearing to be adjourned AGAIN...after iv'e booked a day off work.

[slick132]

Hi Marvin,

 

Send to me by PM

 

[welshperson3]

Hi Marvin

 

 

 

You need to consider carefully what to do now, in my opinion this is what blemain are going to do now.

 

1 they are going to ask the court for an adjournment.

 

2 in a few weeks/months they will withdraw the case.

 

3 a few weeks/months after withdrawing from court they will start phoning you sending you letters saying you owe them money.

 

4 they will still have a charge over your house so if youever sell it they will get whatever they say you owe them, and it will be tens of thousands of pounds more than it is now.

 

5 how do I know this? this is exactly what is happening now with someone on another consumer help site. (nearly 2 years after blemain dropped a court case)

 

This has to be your choice but if I was in your position I wouldn’t allow them to just drop this case without them agreeing what if anything is owed, and get them to remove the charge they have over your house.

 

Phone the court and send a letter saying you require this case to continue and that you will be asking the judge to make the claimant prove what they are claiming, and if they are not willing to prove their claim then you will be asking the judge to order that the claimant remove their charge over your property.

 

 

 

If you don’t continue to end this now then you are going to have years of harassment from them.

 

 

can the site team activate his PM, there are something's that need to be kept away from blemain until after the court hearing, im fully aware that the site team are able to read PM and I have no issues if they keep an eye on the PMs sent.

 

Wp3

[slick132]

I'm awaiting a PM from Marvin.

 

If he can't send it, (s)he can say so here and we'll make arrangements as necessary.

 

[welshperson3]

thanks slick132

[honeybee13]

can the site team activate his PM, there are something's that need to be kept away from blemain until after the court hearing, im fully aware that the site team are able to read PM and I have no issues if they keep an eye on the PMs sent.

 

Hello there.

 

Just to clarify, site team cannot read users' PMs on CAG. The only time we would know the contents is if one of us was acting as intermediary, as Slick has offered to.

 

HB

[marvin1]

thanks slick132, pm hopefully sent

[slick132]

PM rec'd and replied to.

 

Personally, I can see no reason to discuss this off-thread as there's nothing you have mentioned that cannot be usefully discussed openly.

 

I don't see this will be harmful to your case. In fact, just the opposite as you'll benefit from the views of all who have contributed to your thread so far.

 

PM me again if you disagree.

 

[marvin1]

thanks for that slick132,

i have written to the court basically stating what welshperson quoted. should i also let the solicitors know what i intend doing before the next due date ? i still have had nothing from blemain even though the solicitors told the court that we are trying to come to terms over the matter

[croydon boy123]

thanks for that slick132,

i have written to the court basically stating what welshperson quoted. should i also let the solicitors know what i intend doing before the next due date ? i still have had nothing from blemain even though the solicitors told the court that we are trying to come to terms over the matter

#

Its really important for you to remember not to believe anything Blemain tell you. Double check everything..

Is your agreement regulated or unregulated

[slick132]

I think you should write to the sol'rs saying :-

 

I refer to your letter of xxdate which stated that you were seeking an adjournment.

 

You said "the claimant and defendent are endeavoring to come to terms in the matter", but there has been no such approach made to me.

 

I will inform the court of this situation and, if you are willing to negotiate to end this matter, I suggest you contact me in writing urgently.

 

[marvin1]

I think you should write to the sol'rs saying :-

 

I refer to your letter of xxdate which stated that you were seeking an adjournment.

 

You said "the claimant and defendent are endeavoring to come to terms in the matter", but there has been no such approach made to me.

 

I will inform the court of this situation and, if you are willing to negotiate to end this matter, I suggest you contact me in writing urgently.

 

 

done, i will await a reply...if i'm lucky

[marvin1]

well, just got today's mail, a letter from a different solicitors. cantor law which interestingly has the same address as blemain. anyone had any dealings or heard of how they act ? will send the same letter to them now.

[welshperson3]

Cantor law and blemain one and the same (nearly)

 

Cantor law are blemains in house (pet) legal team, cantor law work with blemain and operate out of the same premises, they also share a phone line, when blemain moved premises last year so did cantor law. I would advise you to treat anything this company dose or says to you with the same respect as if blemain had personally sent it.

 

Personally I believe they have changed to in house solicitors to save on costs, I think they no longer want to go to court, and are now going to use cantor to hound and harass you into paying them something.

 

In my personal experience blemain and cantor law were responsible for changing my view on how low people are willing to stoop just doing their job.

 

If I may explain, the owners of blemain are making 10s of millions of pounds a year, so that is why they do what they do, not acceptable but I understand why the do it.

 

The people who work for these companies, and some are only earning£15k a year are willing to do the things they do for £300 a week. Where have their self-worth and morals gone.

 

Rant over (but I dofeel better)

 

Wp3

[croydon boy123]

As you know i have a current court situation with Blemain. I am dealing with Cantor Law. Adam Coleman. Take my advice, dont trust Cantor Law or Adam Coleman. Dont believe anything they tell you. Listen to Welshperson, he stuffed Blemain big time

[slick132]

Hi Marvin,

 

What do Cantor say in their letter to you.

 

[marvin1]

slick132, nothing in the letter, apart from a couple of lines saying that there has been a change in solicitors which has been filed in the courts. there is also just a copy of the change form that had been sent to courts.

 

welshperson3, well i have sent the letter you suggested to them asking them to get in touch with me regarding 'coming to terms with the situation' that the old solicitors had suggested. i will wait to see what reply i get, i have a new court hearing date of 12th March.

 

Marvin

[croydon boy123]

Marvin, another Blemain victim known as Jumper kept getting an increase in her account, every time Blemain changed solicitors they charged her, as if it was her fault. The good news is that the judge threw these charges out. Watch out they dont add an admin charge to your account for changing solicitors