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    • statute barring in Scotland is 5yrs from last payment/use date or date of default Notice + 14 days, whichever is the later. dont confuse that with the 6yrs debts show on credit files (DN's 6th bday regardless to payment or not). they'd never get a claim raised by august in 99% of cases . as long all these debts were taken out whilst resident in scotland and you have not moved since taking them out but failed to inform the original creditor before the debt sale....... then stay radio silent until sb date is reached. then if you wish send our scottish sb letter. just remember unlike E&W in scotland debts are extinguished, dead , gone , parrot. once SB'd dx  
    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report? The three I have with the May date are moot anyway as either way they are gone  - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they. I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc? I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's. Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
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Blemain finance extortionate fees and charges


bdoubleu
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Hi all,

 

I am new to this forum, so please bare with me as I get hang of how it all works.

 

My story dates back to 2006, when I took out a secured loan with Blemain/Together finance for £25k.

This was to pay additional bills and to do some repairs on my property. I brought the property in 2003.

 

This was the first time I took out a loan,

I had no real knowledge of the best type of loan to choose,

which is why I did the loan through a broker,

who pass my application to a third party Loan Options,

who recommended Blemain finance.

 

They were both paid a commission at the start of the loan and that was deducted from the loan amount.

Blemain also added £2000 in charges for handling my application, so at the start of the loan I was already £4000 in debt.

 

My understanding from the start was this was a loan, but over the years it is now referred to as a mortgage, with added legal clauses such as remunerations.

 

None of this information was made clear to me at any stage of my application.

There is no way I would taken this loan if I knew the interest rate would be so high.

I am now paying more to this loan then my actual mortgage.

 

In the last 11 years Blemain has added charges to this loan for

building insurance,

Telephone calls,

Letters,

Arrears and court fees.

 

Yes they have taken me to court on 2 occasion to reprocess my property.

 

Each time adding extra charges to the loan amount.

 

I have recently had a audit done on the amount I have already paid Blemain and it totals to over £39k,

I still have 4 years left to pay off this loan.

 

I have been in financial hardship since taking out this loan, with very little to live on.

 

I have been to solicitors, law centers, etc, none them has been successful.

I can’t afford the monthly charges of this loan any more,

I am compelled to sell the home I lived in for over 33 years.

 

I recently asked Blemain for a redemption figure and they have quoted £46k to pay off this loan early.

I am horrified that they can charge such extortionate interest for a loan I took out 11 years ago.

 

If I pay the £46k redemption figure It would total £85k for a £25k loan.

How is this possible:???:

 

I would appreciate any advise or guidance from the forum.

 

Thank you! :-(

 

Bdoubleu

Edited by dx100uk
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moved to the blemain forum.

 

get an sar off to them

get all the statements.

 

so you batted away the 2 repo claims? well done

 

did you have building ins already with your primary lender?

 

you need to read a few thread here

though it might pay to avoid resources thread ...

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for your reply dx..

 

The repo claims are still pending. If I break the agreement made in court, they can still evict me from my house.

 

Yes I did have ins, as this is an ex council property. My insurance part of the service charges.

 

How do I move to the bellman forum?

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You are in the blemain forum now

Yes keep up the payment set by the court

When was this?

Drop things like mobiles cards bright house down to £1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Do you have a copy of the original agreement and was it actually signed by Blemain.

Could you post the original agreement on here but obviously removing your own personal details including client account number.

 

My contract with another part of the group was declared unenforceable by a Judge but is still ongoing so I cannot say a lot at this point in time.

 

What you need to do is appoint a specialist solicitor used to winning cases against this group of companies.

Just be aware they do play dirty which has resulted in two sets of solicitors I had appointed being compromised.

Edited by dx100uk
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  • 5 months later...

Hello renewablejohn:

 

Am really sorry but I have just seen your message in my email by doing a search of the name Blemain. I can only apologise for not seeing your email before. I am not very good at navigating around the consumer forum site. I know its been a while, but how did your situation go with your case?

 

When I first received my agreement it didn't show a signature by anyone at Blemain, but later on a signature appeared and they said it was signed after because they needed my signature first. I do have a copy of the unsigned agreement.

 

My situation with Blemain is ongoing. I have been struggling to pay the monthly installments to Blemain, who are now trading under the name Together. I am planning to sell my home as I have no other alternative, as I am going deeper into debt.

 

I did an audit recently of what have paid Blemain since 2006 and it accumulates to £45000 for a loan of £25000. I asked Blemain for a redemption figure in December 2017 and they quote £47000. Am finding it really hard to pay £93000 for a £25000 loan, so right now am at stand still.

 

I recently got a letter from Blemain, which states that the monthly interest being added to my account is £510 . My monthly installments to them is £522 how is it possible that they can get away with charging such high interest.

 

I was considering taking Blemain to court (but this is costly) on the grounds of what the consumer credit act Section 140A, states, that if the relationships between creditor and borrow is unfair in favour of the creditor the courts could deem this unfair if creditor is lobbying high rates of interest on a loan or mortgage, and make a judgement against creditor. I not sure what to do really, in one sense I think it would best to sell and get rid of them from my life, but I feel cheated by this company and what they have put me through deserves a fight.

 

Sorry for my ranting but am sure you understand.

 

I look forward to your reply

 

Best wishes

 

Bdoubleu

Edited by dx100uk
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bdoubleu

 

Well that is very interesting as the MD said to the court on oath in my case that the agreements where always signed prior to being sent to the customer and therefore mine must have been an oversight.

 

He also said on oath that there had never been any other cases where an agreement had been sent out unsigned.

 

Do you actually have a date when the loan company actually signed the agreement or when where you first notified that they had signed the agreement.

 

Do you have a clause in your agreement which states the agreement only takes effect once signed by the lender.

Mine did and it was clause 14 that made the contract unenforceable.

Edited by dx100uk
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Renewablejohn

 

Thank you for getting back to me. I will check the agreement for clause 14 as suggested.

 

Are you now free from your contract agreement with Blemain now, and if you are what did you do?

 

I am planning to go to court as I believe I have a good chance, because the high interest charges Blemain has been levying on me. any advice would be appreciated.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes the contract itself was declared unenforceable by the Judge therefore in legal terms does not exist. However this judgement is legally incorrect according to barristers and should have gone to appeal. What I am left with is a judgement against me for restitution which has been calculated incorrectly and is subject to Appeal. The actual calculation of restitution has been clarified by the court subsequent to my judgement and exposes the miscalculation in my case and will form the basis of my appeal.

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  • 4 months later...
On 22/10/2018 at 15:59, bdoubleu said:

Renewablejohn

 

Thank you for getting back to me. I will check the agreement for clause 14 as suggested.

 

Are you now free from your contract agreement with Blemain now, and if you are what did you do?

 

I am planning to go to court as I believe I have a good chance, because the high interest charges Blemain has been levying on me. any advice would be appreciated.

It might not be clause 14 that was just the number on my agreement. I have seen another agreement where exactly the same clause is numbered clause 18. Obviously with the wording being the same my case will also be applicable to that case.

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Hi Renewable John,

No am not yet free from my contract with Blemain,, but like you I am about to take them to court for the unfair treatment and high interest charges they are levying against me. I've had enough of them that's for sure!!

Edited by bdoubleu
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What was the date of your agreement. I presume its a regulated agreement being 25000. If so have you had statements from them every year so that they comply with CCA2006.  Can you remember the date that the Lender signed the agreement ie gave a signed copy to you. Does it have a date next to the lender signature.  The high interest rates is a bit of a non starter as they will argue your loan is a bridging loan even if its not which justfies the rate.

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  • 3 months later...

I am about to fight Together Commercial Finance Limited in court for various reasons such as unreasonable penalty charges, unsolicited visits,  interest rates, and other misdemeanours.  This is an unregulated mortgage so the outcome of the trial will hopefully set a precedent for many others who are victim's of these and other unscrupulous sub prime lenders.

 

I will keep you informed. 

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Off topic posts removed.

 

Andy

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