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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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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


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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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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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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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


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

spreadsheets 

 

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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


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

spreadsheets 

 

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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.

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

spreadsheets 

 

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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.

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

spreadsheets 

 

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