Blemain - Penalty Charges etc - going to Court

[Fielder]

I think I have found the answer to my question! I can try to get some more of the charges returned to me.

So, I am going to try to get the rest of the charges back!!!

[webbscatering]

thats interesting how the FOS have helped you get your money back as I have it in writing from their case manager that:- "your account is not regulated by the Consumer Credit Act or the Financial Conduct Authority. Therefore, the Financial Ombudsman Service will not be able to look into your complaint"

 

this as written by them maybe I should send a letter to the Financial Ombudsman Service

[Fielder]

I had a loan with Blemain from November 2005 to September 2007 for £27,470.00.

 

I have had some success (through the FOS) in claiming some of the charges, but not all.

 

Reading through the threads on this site and Welshperson3 I think I can get some more as they didn't comply with the correct procedure when they tried to repossess my home.

 

I am writing to them to complain and don't really know where to start with the letter. The loan was CCA regulated.

 

I have sent SAR and eventually got the documents, I think it was unfair that they didn't send the repossession letter with a full 14 days notice, it was just from the date of the letter. So if that wasn't correct then the subsequent legal charges added to the account shouldn't be there. I think!!

 

Where to start is my problem is anyone able to give me some guidance please??

 

Thanks

Edited May 7, 2015 by Fielder

[Fielder]

I would like to have my CCA with Blemain checked to make sure it is correct and the calculations too.

 

If I scan it in is there someone who would kindly look at it for me?

 

Thanks

[theoldrouge]

post it up minus personal details,but in what context?, best to tell us the whole story

[dx100uk]

upload

[Fielder]

Thanks, will do

 

And tell the whole story

[Fielder]

I think I have done it

 

Hopefully better

[Fielder]

I applied on-line for a loan through Freedom Finance.

It was a secured loan with Blemain from November 2005 till September 2007 for £25,000

they added an Arrangement Fee of £2,470,

they sent me the documents and I filled and signed them at home.

 

 

The loan was to pay some arrears on my mortgage, pay an overdraft and for us to buy a boat (don't laugh). I re-mortgaged and paid the loan in full £36.350 in September 2007.

 

In May 2006 my husband lost his job and by July I had missed a payment,

by January 2007 I was five months behind, Blemain took me to court and court added £12 a month to clear arrears plus monthly payment. I continued to pay this until the loan was paid back.

 

In August 2007 Blemain made a mistake and did not allocate two months of my payments to my account and they re-possessed my property.

 

 

I had let the house in May 2007.

The bailiffs (I suppose) broke in, changed the locks, cut off the power supplies and put the property with an Estate Agent.

 

 

When I heard about it I called Blemain, they admitted their mistake and the tenants were able to move back in. Very, very stressful time.

 

After the loan was repaid I had a solicitor write to them asking for an explanation and some compensation, never had a reply.

 

 

In 2012 I contacted the FOS they managed to get me £1,541 for unfair charges, this is part of a total of £4,393 charges and £2,100 in litigation costs.

 

Reading through Wp3's thread I realise now that the default notice they sent me was incorrect, it stated that I had fourteen days from the date of the letter, I think this was wrong.

As they made this mistake I'm wondering if the actual contract is correct.

 

So, I am hoping that someone look through the contract and see if all was OK and to get some advice on what to do now.

 

Hope this is clear, many thanks

[theoldrouge]

what you have posted is the pre contract info, can we also see the actual agreement please

 

need to see its the same, and need to see the agreement heading

[suffering]

surely you could sue them for criminal damage, harrasment, intimidation, and theft (they stole your locks etc)

 

 

just for starters your solicitor sounds weak this company will only respond to high pressure,

 

 

you surely have a case against them.

 

 

it costs nothing in most instances to get an opinion from a solicitor you should make a few phone calls and gauge the response.

 

 

can you imagine if you had their locks changed, its yet another example of appalling behaviour by this scandalous company.

[Fielder]

I will look for the contract. And upload. Thanks.

 

Never thought about suing. I will need a very competent solicitor I think.

[Fielder]

I have attached the signed contract I received from Blemain when I did SAR, think it is upside down!

Hope you can read it.

 

Thanks

 

The top of the agreement got chopped in scan it reads;

 

Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974 secured on .....

 

Also, date I signed was 1st October 2005

[AndyOrch]

I had a loan with Blemain about five years ago.

 

The loan was secured against my property.

 

After two years I remortgaged and repaid the loan.

 

I have checked the paperwork recently and noticed that I was charged £4,681 for collection costs.

 

I have now written twice to Blemain asking for a detailed breakdown of these costs.

 

The reply I had today said, the costs were "as a result of administrative costs applied to the account".

 

I know that!

 

They don't seem to want to give the details of the charges.

 

I don't know what to do now.

 

Shall I write again or what?

Please can anyone help me.

 

Responding to reported thread Fielder

 

This is your thread...the title may change over time given that you have started numerous threads in connection with the same debt.

 

Regards

 

Andy

[Conniff]

I think I would be inclined to tell them unless they spell out what the amount is for, you will deduct it from you payment.

[suffering]

you need to seriously push them it could be that the Collection costs were from a shadow company of theirs called monach recoveries

it was a fictitious company with no employees that they used to con people into thinking that a seperate company was charging them fees

when in fact it was blemain them selves, it was a con a [problem] and they got found out,

 

 

if you were charged silly amounts by monach they will pay up quickly rather than go to court and lose.

 

 

Blemains sister company cheshire mortgage corporation was fined £1.2 million by the fsa for this practice

[Fielder]

Thank you for your comments.

 

I will write to them I am determined to try and get something back.

Please can someone direct me to a letter template I can adjust to suit my needs.

[suffering]

if you hav'nt alrady done so you need to send a SAR tell them you require all the information they have as you need to present it to your legal advisor and barristor, this should make them sit up and take notice and prevent them from trying any funny stuff, if when they contact you they ask for your legal contact tell them they will find out in due course but they are to deal direct with you for the time being

[theoldrouge]

Did the SAR detail the individual charges?

 

Why did you accept the charges that the fos obtained for you in 2012, what reasons were given for the lower amount?

 

The agreement itself seems to comply

 

May help if we could see the fos settlement proposal from 2012

 

Then consider a formal complaint to Blemain depending on what the fos said at that time

 

Otherwise your only recourse is going to be by the litigation route

[suffering]

Fielder you would be doing yourself a favour if you read your thread from start to finish and take in the information on here."

 

 

Theoldrouge2 has raised a valid point,

 

 

did you do a deal with blemain or was you awarded a sum by the fos.

 

 

someone correct me if i'm wrong but if you effectivly won a case via the fos then this is separate to what a court my give.

 

 

Now Blemain are quick to point out to a judge if you don't win via the fos so this could add weight to your augument, unless the judge considers you have accepted a deal.

 

 

i would add somthing is suspicious if you still have not recieved a true breakdown, and know what and when charges were made

[Fielder]

The dealings I had were initially with Blemain for a SAR, then when they didn't respond in time I contacted the FOS.

Then dealt solely with them. The FOS sent a letter to me with the offer from Blemain.

 

The charges refunded by Blemain to me (quoted from FOS letter) "some of the charges that it applied to your account were incorrect, and it has offered to refund these"

 

The rest of the charges amounting to over £3,000 were considered fair. This figure does include I think, charges made by Monarch. Although this is not made clear in SAR.

 

The SAR from Blemain gave lump sums, as in - Post-monthly legal fees £?? and Administration fee £?? (I haven't included amounts on purpose).

 

I understand that as I accepted an offer through FOS I may well not be able to challenge the rest of the fees.

But, I feel as the notice for repossession was at fault (which I have included in previous post number 155), I may be able to have some compensation and able to challenge fees regarding this action by them.

 

I can upload the settlement proposal from FOS. Shall I exclude figures as well as my personal details?

 

Another thing, it seems two separate threads I have had with different finance companies have been merged. So a

little confusing as to what has happened.

 

Many thanks for your time and advice, Fielder

[theoldrouge]

Please upload letter with figures

[Fielder]

I have attached letter from FOS, sorry upside down again!! I'll get the hang of this one of these days.

[suffering]

sorry can't read that,

 

 

if you were charged by Monarch these were illigal charges,

and forms part of the reason why they were fined heavily by the fsa (sister comp. Cheshire Mort. Corp.)

 

 

the other thing to look at is if you were charged interest on your charges,

 

 

just going back a bit,

and to be clear,

if they have added charges, fines, fees, penalties, call them what you want

 

 

they have got to tell you what they are for why they've added them

and if challenged prove why they have done so

 

 

if they can't,

then they don't exist.

 

 

So challenge them.

 

 

remamber its a two way contract

 

 

if they can add charges without, explaining what they are and what they are for

then you can charge them the same amount, (in theory)

 

 

it sound a bit of a mess, but i suspect they may have deleted all knowledge of monarch

as this was a major embarassment when they were found out for wrong doing.

[Fielder]

So it seems that I need to go back to them and get them to breakdown the charges, as they should have done when I SARed them.

 

I have letters from Monarch which I could try to relate to the charges on the statement they sent.