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Blemain - Penalty Charges etc - going to Court

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The FOS letter says that a breakdown of the charges is included?? Can we see them please

 

One further point, did you sign and agree at that time the full and final settlement as sent to you by the fos?


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Get serious with them

 

 

write a letter, saying i have good reason to believe that you have added hidden charges and charges that are unfair, to my account i now put you on notice of this ,

 

 

I give you 30 days to produce unto me a full breakdown of all charges,penalties, fees and interest that have been added or removed to my account

since the account was first opened, so i can check the legality of the information you provide,

if without good reason you cannot deliver unto me this information in full within 30 days of this letter then no added fees,

charges, and interest will be recognised or concidered owed.

(now thats what i would do but its up to you)

 

If you do not have the information previously supplied ask the FOS to email all the information they have on your case

it would'nt be a bad idea anyway because they may have hidden something from them.

 

Just back to the Monarch fees

i read somewhere, that staff were in one weekend deleting all monarch activity from customers files,

so if it was there and now gone and you have paper work to prove this

then they may be in trouble for tampering with evidence (or some other serious matter) so its worth persuing.

 

Blemain's group of companies along with their chief Henery moser do not have a good record for being fair (fined £1.25 Million for being unfair proves it)

but you have got to look for their mistakes believe me they will have made them but you have got to spot them.

 

Good Luck!

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Thanks Suffering, sounds like you have had dealings with Blemain yourself. Did you reach an agreement with them?

 

Hello Tor

I have uploaded the statement that came from Blemain, as you can see they have amended some of their charges and these were returned, some charges have been added too!!

 

As you can see, they have not broken down the charges just shown them as a lump sum.

 

And as far as I can remember I accepted and signed for the return of £1,541.01 plus some interest that was added.

Thanks,

Fielder

 

After your comments about Monarch I have just had a look at the letter I had from Monarch when I redeemed the loan.

Surprisingly the amounts charged for a letter are different and it doesn't really bear any relation to the statement I had when I SARed them.

 

Looks like they have altered the amounts but kept the total the same, sneaky.

 

I have uploaded the letter so have a look and compare, please

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In view of what happened with Monarch,

 

I would be inclined to start a Formal Complaint to reclaim all of those charges on that Monarch statement

 

regardless of what you have already accepted

 

Quote the FCA/FSA findings at length within your letter, and see what they come back with


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Ok. That sounds like a good plan.

 

Thank you for your advice and time, I'll update when I send the letter

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Hi have a look at my post today in a diff thread it may help you re Blemain.

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Its a con, a lie call it what you want, Blemain have conned you and many others! Fielder you can't lose! Monarch recoveries was not a liget company hence the address, this was the same address Blemain used to be at, Monarch did not actually employ anyone it was used purely to load up accounts with illegal chargies, it only existed on paper. You need to find out if they also illegally charged you interest on your charges as this was another underhand trick they were doing. They have tried to decieve you by hideing the truth,(this is also illegal) hoping you have lost the paperwork. Let them know you Know about monarch and watch them back down. Get someone to look into this for you you are owed every penny. They not only deceived you but they deceived the FOS, they may be interested in this and re-open your case. This is just one of the reasons why their sister company was fined £1.25 Million. They will not want to see this in a court room,so becareful accepting a out of court settlement they will not give you anymore than you deserve as you have already found out.

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Hello, me again.

 

Thanks for that reference to Wp3's thread. I have read the thread through again very carefully.

 

I have been doing loads of research and think that I have a case for unfair treatment by Blemain during the course of the loan.

 

When I sent the SAR, they did not send all the documents regarding the loan.

My question is, shall I write again to them and ask for the rest of the documents, including the Underwriting Sheet? And if so, will I need to include another £10, as it was in 2012 when I did apply.

 

I want the first letter I send to them to be extremely accurate and there is a lot of complaints I want to include.

 

Just a little unsure of my first move, shall I lay out all my complaints or go softly softly?

 

Many thanks,

F

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sadly I think you need to pay again its been 3yrs.

 

 

remember to list those docs you want

but also keep the line in about any other docs too mind.

 

 

if they fail

then I think paying twice

gives you more 'clout' to complain up the ladder ..


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Thanks dx.

 

List of documents should be; Underwriting Sheet, breakdown of charges, interest calculations, Early Repayment Charge calculation, anything else you can think of?

 

F

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Breaking news; BLEMAIN and Lancashire Mortgage Corporation is changing its name to disguise its bad reputation to "TOGETHER FINANCE"

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Here's the letter |I| want to send to Blemain, I would really appreciate some comments

 

Dear Sirs,

ACCOUNT NUMBER:

I had a loan with your company from October 2007 to September 2007. Reference as above.

 

I believe that the loan was not administered in accordance with the Consumer Credit Act and therefore it was not a lawful contract. Consequently it was an Unfair Relationship. Also, according to the Consumer Protection from Unfair Trading

The breaches that were committed by Blemain Finance and Monarch Services during the course of the loan and in contrary to the above act are;

 

Freedom Finance did not explain to me the relationship between them and Blemain Finance

Variable interest rate

Statements were never sent

Charges for letters and telephone calls of £30 and £35.25

Letter sent to me when Blemain Finance tried to re-possess did not give me the full fourteen days

Letters sent to me by Monarch Recoveries

Charges made by Monarch Recoveries

My property was re-possessed even though the payments had been made

Breaking and entering my property

Damage to windows and locks

 

When I wished to re-mortgage to redeem the loan, it took Blemain, from my letter informing them of my wish for a redemption figure on 16th May 2007 to 2nd October 2007, this resulted in my having to pay another five months of interest. An exceptionally long time for Blemain to give this information.

Blemain have a duty according to the Consumer Credit Act, Section 97 to give information of total debt and how it arrived at the figure, after numerous requests by me on the telephone to xxxx on 12th September. Who spoke to me with derision and contempt. My solicitor, who sent a letter to xxxx on 13th September 2007, which was never acknowledged or responded to.

I am writing to ask you to refund the charges, fees and Monarch Services charges which you charged to my account in respect of returned direct debit fees to the sum of £.

I did not administer the account as I would have liked to and I do not deny that I have been guilty of breaches of the terms and conditions of your contract. Any charges and penalty fees which do not reflect a genuine pre-estimate of the costs incurred by that breach are penalty charges and therefore unenforceable.

I now understand that such fees and penalty fees and the interest on these penalty fees that were added to the running total are unlawful, as I was unaware that these charges were paid in the mistaken belief that I was under a contractual obligation to pay. These charges were over and above the actual cost of a administering a returned direct debit. It is my opinion, and that of the Office of Fair Trading, that these charges and penalty fees are punitive in nature, not a genuine pre-estimate of cost and not intended to reimburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations quoted by the Office of Fair Trading, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English Law. Examples of which are;

 

Murray v Leisureplay (2004)

Dunlop Tyre Company v New Garage and Motor Co. (1915)

Bridge v Campbell Discount Co. Ltd. (1962)

 

Further to these cases, I also believe these charges to be a direct breach of the Unfair Contracts Terms Act, 1977, which require that contract terms are reasonable. I do not believe these charges and penalty fees are reasonable as outlined in the aforementioned Act.

 

In addition, your charges appear to represent an unfair term of contract which is contrary to the Consumer Credit Act 1974. 140A Unfair relationships between creditors and debtors.

 

  1. When these charges were applied to the loan I was mistaken as to a material fact, consequently I am entitled to claim restitution of those monies where the payment would not have been made but for my mistaken understanding.

It is also true that I agreed to your terms and conditions at the time the loan was advanced. As a point of law, however, if those terms and conditions contain elements that are unlawful, then the contract, itself, is not worth the paper it is written on. I expected, as a matter of course, Blemain Finance to conduct its business in a legitimate and legal manner. In my naivety I had trusted Blemain Finance to be familiar with their legal obligation and to act within them and, to quote the Unfair Terms and The Consumer Credit Act “should treat consumers in an open and fair way” “charges should be fair and reflect the true cost of administration charges”. To continually charge disproportionate penalty fees and astronomical legal fees to an account that was clearly in difficulty, seems to me a blatant abuse of Blemain Finance's power and authority.

 


  1. I believe that the charges you have levied of £xxx far exceed any true cost to yourself as a result of my breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of my breaches, in order to reassure me that your charges really do reflect your costs. I have included a spreadsheet that has calculated the charges and added compound interest to these charges.
     
    Thus, I am asking that you refund the charges and other fees which have been levied on my account, this now totals £xxx. If you do not respond, or you do not respond positively, within the time limits set out in your official complaints procedure I will enter a formal complaint to the Financial Ombudsman Service. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.
     
     
    Blemain Finance have already acknowledged that some of the charges were unlawful and were refunded to me in 2011, the charges and compalints that I am now pursuing are separate to these.
     
    Let me remind you that the debt I had with has been fully discharged charged at a more than advantageous rate to yourselves, voluntarily and not by means of re-possession. The amount repaid includes your unlawful fees, penalty fees and the interest charged upon them.
     
     
    I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.
     
    Yours faithfully,

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id cut that down

else it will end up in the round filing cabinet

 

 

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

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Good point dx, I was just having a rant I think.

 

x

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only just picked this up Fielder you are on the right lines make it as strongly worded as you can and threaten court action or they will just ignore it, send it registered post and give them 14 days to respond, so at least you can follow up if you do not here back

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Thanks Suffering, I have sent the letter slightly less wordy than my posted one.

Haven't heard from them yet, but not quite fourteen days yet.

F

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They have responded saying that they take very seriously!!! And said within forty days they will give response. Shall I just keep to fourteen days or wait for their forty?

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Hi fielder contact blemain again and apply the pressure> they like to be the ones in control so control them tell them 40 days is unacceptable as they are holding up your court claim that you are preparing and they are withholding information that you will rely upon tell them they have a further 14 before action will be taken (action can mean anything)

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Hi Suffering,

I think you are right, I will write again. Also, try and prepare some court papers as It all has to be done online now.

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Hi Fielder, as you can imagine they must get loads of complaints, so make sure that they take you serious and put you to the top of the list. Do this by starting your letter "I Mr xxxx xxxxx hereby put you on notice that i believe you / your company have acted fraudulently for financial gain by adding unnecessary fees/charges to my account. I now give you a chance to show clean hands of this matter and save as to costs of my legal team, and future County Court action. P.S. I am aware of the £1.25 million fine, part of your company received, for unfair practices and i have been informed that i am not alone with unfair charges by your company.

This will make them sit up!

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As I have repaid the loan I want all the money I paid them returned. Less the amount of the loan.

I have written asking for this. Saying it was an unfair relationship as they did not adhere to the regulations.

 

Your letter is good. Needs tweaking for my case

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Unfair relationship is yet to be recognised by the gutless judges afraid to stick their necks out. So add unfair terms of contract and misrepresentation into the fold and conned out of money by fraudulent unfair charges. have you asked for a subject Access Request for all the paperwork?

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I do have the paperwork after sending sar.

 

Not sure if misrepresentation is in the unfair terms. I don't remember seeing that.

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You have had your account loaded up with unfair charges / fees and interest added on. this is normal for Blemain.

 

the fact is they do not want to see this in court because if they lose it would open the floodgates for everyone they have ripped off.

 

they don't like to give money back

 

but they have settled out of court many times

 

getting the claimant to sign a letter agreeing not to inform anyone.

 

they have got to feel threatened or they will just fob you off.

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