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    • I think you will find that the time limit is 30 days – not 31 days. I wouldn't bother about the solicitor stuff. You don't need a solicitor. You simply need us because we don't charge any money and we are much more aggressive than the solicitors you will find anywhere. Also, you are offering the possibility of a repair instead of a refund. I would suggest that you don't do this. Simply assert your rights under the 2015 Act that you want to return the car and receive a refund plus any expenses you have incurred. This doesn't mean that you can't then negotiate a repair that it means that you have reserved your maximum rights under the act. Also, I understand that you have not had the work carried out. Unless you have actually had the work carried out and parted with the money, you will not be able to claim these costs. This means that the only thing you can do at present is to insist on a refund. Of course what could happen next is that the garage asked for the return of the car and they then carry out the work. The trouble with this is that I would not have confidence that the work would be carried out properly using new parts or good quality parts. Frankly I think that when I find myself dealing with this kind of garage, I would want to cut all ties with them completely. You may have further problems in the future and you will find that their attitude to you is even more difficult – especially if you force them into a corner to pay you your costs if you get the work done or if you force them to do the work. You have to realise that you aren't only depending on the garage to respect your consumer rights now, but also to support you in your ownership of the vehicle that they have sold you for at least the next two or three years. Having gone into conflict with them so early on in your relationship, I think it would have poisoned all of your dealings with them now and in the future and so I think that your best interests are served by getting your money back on going somewhere else. I think should consider this very seriously. Imagine that they repair the clutch and then a few months down the line something goes wrong with the gears, or the braking system or the suspension and you have to go back to them again. I think it's going to get very nasty. I see that you have been asked to identify the garage and you haven't done so. Are you trying to protect them? I suggest that you consider the comments that I have made here and draft another letter and posted up for our comments. However the letter should certainly be in the form of a letter before action rather than simply saying that you will huff and then you will puff and at the end of 14 days you will then get some help from somewhere. You need to be assertive and to take control. I appreciate you may not be able to do this on your own but we are here to help you and we will support you all the way. Start reading up a bit on this forum about bringing a small claim in the County Court. In addition to the lack of information about the dealer, I also notice that you haven't told us anything about the car – particularly make, model, year, mileage and the value  
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
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mmd

Blemain Together Loan featuring unfair charges!

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Hi everyone,

I'm new on the CAG Forum but was directed here by the good folks at MSE.

 

I have long suffered at the hands of Blemain/Together.

 

I foolishly applied for a second charge loan over a decade ago.

 

It has been the (most expensive) bane of my life ever since.

 

I recently received a letter from Together stating that my original loan has now past its term.

 

It says,

 

As you will be aware,

your account with us has now reached the end of the original contractual term.

As your monthly repayments have not been sufficient to fully repay the balance,

the outstanding amount is now due.

This may be due to late payments, payments being missed or the application of admin costs to the loan

 

I am requesting SAR from them as I have a feeling that most of the outstanding balance is entirely made up of outrageous charges.

I've also been advised to look into an "unfair relationship" with them but I'm a little unsure where to start.

 

The outstanding amount is approx £11k!

How can this even be possible when I have paid almost £100k over the past 10 years?!!!

 

Is repossession an option at this stage?

 

They have already attempted a repo a few years ago when I missed some payments.

I went to court and duly arranged a repayment plan to clear the arrears.

The account has been in good order ever since.

 

Does anyone have any advice on how to deal with this shady bunch?

 

Any help would be greatly appreciated!

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almost 100% you are correct

the balance will be all unlawful fees.

 

the sar will reveal all.

 

did they make you take out insurances too on the agreement...

 

have you still got it?

 

dx


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hi dx,

thankyou for replying.

 

yes I had to pay for their additional insurances despite of course having my own buildings insurances etc at exhorbitant costs.

 

I have a recent breakdown of their charges dating from 2007-2010 which I requested a few months ago knowing that the loan was coming to an end.

Not sure why they did not supply charges from 2010-2017?

But they seem to make up their own rules from day to day don't they?

 

I have entered the charges I have to date into the CAG CIS Excel spreadsheet

- their costs and interest charges are totally inconsistent and are hard to make sense of.

Intentional I would imagine.

 

I'm not going to make another payment to them.

I need to see the SAR results first.

I'm hunting for my original loan agreement at the moment.

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if you already had building ins

then provide them with proof

and they must refund+the int that cost you too.

 

dx


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I called tham a few months ago disputing the same point and they of course have NO record whatsoever of my buildings insurance anywhere even though they specifically asked for it to approve the loan in the first place.

 

Would this be something the SAR would reveal?

 

I will call my original insurers and try to locate some evidence.

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no they well known for this sadly.

they'll turn around and say that it was a bulk buy insurance and you cant be refunded

then its off to the FOS time.

 

they've nailed BH several times over them doing this already

 

don't forget your bank statements ill prove building ins too via a DD


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s I've been fobbed off with that in the past too.

OK, I'll let you know how I get on with SAR in the meantime!

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The SAR is on its way ... 40 days and counting...

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I've received another Loan Past Term letter, this time stating a completely different outstanding balance to the one mentioned in their previous letter! I despise these clowns.

 

I'm still awaiting SAR response and will update if/when anything happens.

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Hi sorry to hear of yet another Blemain / Together Finance Victim

 

 

The SAR may not reveal all but will reveal some as they are very clever at muddying the waters and not making things clear.

 

 

The most important document is the full and understandable account statement

they will not send this you have got to ask for it.

 

 

They may well send a statement of sorts but it will not have everything on you need to be able to clearly see every charge, penalty,including any admin. charges and a breakdown of the interest and any interest change.

 

 

you should calculate what you believe it to be and work out the difference.

 

 

Get stuck in take control and don't give in to any bullying, do not phone them use email as much as possible so you have a good clear record.

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hi suffering

thanks for taking the time to read and reply! I'm still awaiting the SAR - still a while to go yet.

 

I used to be terrified of this bunch as things always seemed to be on their terms....but not anymore!

 

Can I request a full and understandable account statement from them whilst still waiting for the SAR?

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As I sort of expected, no SAR has been supplied within the correct time. Does anyone have any advice on what to do next?

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ring and ask them where it is


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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

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ring and ask them where it is

 

Or better still, call them and immediately follow through by sending an e-mail stating what you discussed and ensuring you have a written record (ie evidence) of what it is you are saying they have failed to do and what you are asking them to do to resolve the situation.

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ring and ask them where it is

 

thank you dx, I was dreading that having to talk to them would be the next step

 

Or better still, call them and immediately follow through by sending an e-mail stating what you discussed and ensuring you have a written record (ie evidence) of what it is you are saying they have failed to do and what you are asking them to do to resolve the situation.

 

great, thank you. I'll let you know what happens

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Hi MMD,

 

Sorry to peel back all the way to the beginning of your story, BUT... When you took out this second charge were you already with Blemain? If so can you tell me the steps you went through please...

 

I am specifically interested if they acknowledged you would refinance through them,

meaning:

1/. Payment of redemption fee (to them)

 

2/. Made you go to a broker only to take out the loan with themselves (Blemain/Together) again so you had to pay all associated costs (legal, brokerage, etc)

 

3/. If so did you freely choose the broker you used or were you directed? and

 

4/. If you used the same broker did they present you with a multitude of options or did they just say go to Blemain?

 

N.B. These question only apply if the first loan was with Blemain.

 

Thank you

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Hi again mmd you do not have to talk to them!

Send them an email (this way you have a record of the correspondence)

 

Its time to play them at their own game and put the frighteners on them tell them you have been advised to request a full and understandable breakdown of your account, as you are considering legal action against them.

 

Tell them their lack of co operation has been duly logged and noted.

Do not under any circumstances phone them they will deny all knowledge of anything they agree to do

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thankyou for your advice suffering, I will avoid any future calls as I've learnt the hard way with phone calls to them in the past. everything will be in writing.

 

Is there a CAG template letter anywhere here that I could adapt and send?

 

Hi MMD,

 

Sorry to peel back all the way to the beginning of your story, BUT... When you took out this second charge were you already with Blemain? If so can you tell me the steps you went through please...

 

I am specifically interested if they acknowledged you would refinance through them,

meaning:

1/. Payment of redemption fee (to them)

 

2/. Made you go to a broker only to take out the loan with themselves (Blemain/Together) again so you had to pay all associated costs (legal, brokerage, etc)

 

3/. If so did you freely choose the broker you used or were you directed? and

 

4/. If you used the same broker did they present you with a multitude of options or did they just say go to Blemain?

 

N.B. These question only apply if the first loan was with Blemain.

 

Thank you

 

Hello MaDeHall,

Thanks for reading this sorry plight! Here's what I can tell you...

 

No, I was not with Blemain before the second charge.

My main mortgage is with a proper building society.

 

So I guess your other questions don't apply?

The whole thing has been an extremely stressful, confusing & ridiculously expensive mess from start to finish.

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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 xxxxxx Put Together finance on full legal notice that i request the following information so i can investigate discrepancies with my account

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 and my team 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)

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click sar


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Single Premium PPI Q&A Read Here

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thankyou suffering, this is really helpful and I appreciate it

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I had a huge problem with this company.

I have now requested a SAR.

I cannot even begin to think of this company without my blood actually boiling.

They hit me so hard financially when i had hit hard times.

They even turned up to evict me on the day I moved out, and added that visit to the final charges.

Is there a way to claim any of this back, do we know?

Have you received the SAR yet?

I recently received a letter from them offering me a couple of hundred pounds back, which I did not respond to, as I feel it was a get out clause to get me sign that I would not make further claims against them.

I have in the past requested a breakdown of all cost, and is not complete.

Cannot believe they are allowed to continue like this.

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So, instead of supplying a SAR within 40 days, they have instead sent a letter threatening litigation if I don't pay their redemption figure within 14 days - complete with yet another random 'final' figure that I've never seen before.

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I had a huge problem with this company.

I have now requested a SAR.

I cannot even begin to think of this company without my blood actually boiling.

They hit me so hard financially when i had hit hard times.

They even turned up to evict me on the day I moved out, and added that visit to the final charges.

Is there a way to claim any of this back, do we know?

Have you received the SAR yet?

I recently received a letter from them offering me a couple of hundred pounds back, which I did not respond to, as I feel it was a get out clause to get me sign that I would not make further claims against them.

I have in the past requested a breakdown of all cost, and is not complete.

Cannot believe they are allowed to continue like this.

 

you need to start a new thread

of your own please

this thread is for advising MMD

 

dx


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

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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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So, instead of supplying a SAR within 40 days, they have instead sent a letter threatening litigation if I don't pay their redemption figure within 14 days - complete with yet another random 'final' figure that I've never seen before.

 

send our SAR failure letter


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

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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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