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    • Thank you so much. I hope this communication will help you advise me.   I have owned the garage since Nov 2016.    I instructed my solicitor to communicate with the management company. She raised issues regarding the costs, and requested an explanation as to costs. When they failed to respond and were threatening court action I sent a cheque in 2017. The lady (Emma from the pre-action dispute team at SLC) who I spoke to told me she had recieved the cheque and would provide an explanation. Between 2017-2020 I continued to get bills which I forwarded to my solicitors yet I did not get an expanation. Until 02/06/2020 this year when I recieved the following copied below. The issue I had with the explanation is that it talks about the need for maintenance of the garage and no maintenance has ever taken place.  Since that time the bills have escalated from £534 to £2400! (I have also copied the offer from my solicitors which highlights changes in reserve funds etc. Since this date they have acknowledge a small vat error yet still insist on these extra-ordinary charges and fees.)   Is there any possibility as this is in the small claims that they could escalate the bills still further?   Leter of explanation I recieved in June 2020 Our Client has a broker that gets multiple quotes from different sources and as long as they provide the correct legal liabilities and cover, they will of course go for the cheapest option as long as these requirements are met. They of course need liability insurance not just for their contractors but for the people that live on the scheme also. They also need to ensure that the level of cover is correct in case they need to reinstate the building like new in case of catastrophe.   Again the difference in cost could be due to certain liabilities they have to have for the garage if they were to ever having to use contractors to fix it, the superior Freeholder of the estate may also want certain covers in place which again would explain the difference. They of course will look into our policies on an annual basis to try and keep the costs down.   Our Client’s charges do vary from year to year due to the reactive nature of the maintenance done to the scheme, as the managing agent working on behalf of the superior freeholder, it is their responsibility to keep the scheme in a good state of repair, meaning that they have to proactively fix and maintain any issue found on site, which is paid through the service charge. The amount of work, as I’m sure you can understand varies annually, however more often or not as the building/buildings/estate gets older, more maintenance will need to be done to keep the estate in good quality so the costs of maintaining an estate and insuring it, also increases.   Our Client wishes to assure your Client that it is in their best interests to have the interest of the leaseholders at heart, and they welcome a mutual understanding when it comes to the scheme. They will continue to work towards keeping the scheme at the highest level of repair.   Our Client’s current statement of account is attached. Both our Client’s Administration fees, and our fees have been waived, however the balance of £534.53 needs to be paid in full.   Please could you ensure this sum is settled by your Client, as a matter of urgency.     Reply from my solicitors: Whilst you have provided us with copies of your client’s accounts for this property, you have not provided us with a basis for your costs as requested on several occasions. You mention that the allocation of your client’s costs includes the maintenance of the estate and the garage, yet our client is invoiced separately for the service charge to the property and the estate. Can you please explain this? You have also failed to address our following points in your response and would appreciate your cooperation in providing these: 1. your client’s insurance premiums; 2. in respect of the Accounts preparation fee and Audit fee which has been allocated to our client, we consider that the level of work required to take into account the six itemised factors (as stated above) to be completely disproportionate to the costs allocation. Can you please explain why such costs have been allocated to our client’s garage and detail the level of work required by your accountants. With respect to the reserve fund, we note that this is referred to under the sixth Schedule of the Lease however the determination by your client must be reasonable. In accordance with your arrears schedule on 19th July 2017 we refer you to a letter of around the same date (please refer to separate attachment “First Port Letter Re Reserve Fund (July 2017)”) whereby your client stated “We have reduced the annual collection for schedule 2 from £250 to £90 as we feel with the current reserve fund levels this is a more appropriate level. We have therefore credited your account by £53.33.” As we have mentioned previously, there does not appear to have been any maintenance or management actually carried out in respect of our client’s garage which would warrant a departure from the £90 in reserve fund contribution from July 2017 to present. It seems clear that not only should the historic figures be adjusted to reflect this but also that the accounts for future years should be prepared on a similar ongoing basis. Your client’s costs should therefore be adjusted in respect of each of the years in question and for ease of reference we have set out the calculation below: · July 2017 to June 2018, the reserve fund has been charged at £250.00 when it should have been £90.00. Therefore the reduction in your costs for this year should have been £160.00. · July 2018 to December 2018, the reserve fund has been charged at £125.00 when it should have been £45.00. Therefore the reduction in your costs for this year should have been £80.00. · January 2019 to December 2019, the reserve fund has been charged at £265.00 (a 6% increase), when it should have been £90.00 (plus a 6% increase of £5.40). Therefore the reduction in your costs for this year should have been £169.60. This totals £409.60 however taking into account that your client credited our client £53.33 on 19th July 2017, our client has been overcharged by £356.27. We also note that there is a VAT discrepancy in the sum of £36.00 from the arrears schedule sent with your correspondence on 22nd January and 9th March and the arears schedule sent with your email dated 31st March, yet there hasn’t been any adjustment in costs. We are therefore working from your original arrears schedule, that being £1,179.71, minus the £356.27 that your client is attempting to overcharge our client, thus bringing the amount due to £823.44. In the circumstances, it is unreasonable to expect our client to cover the legal costs in this matter. Your client has not been forthcoming with the information or explanations requested on several occasions. We are of the opinion that had your client been forthcoming your legal costs would not have amounted to £336.50. As a gesture of goodwill, our client is prepared to offer a reasonable contribution towards your client’s costs in the sum of £150.00. In the absence of your client’s insurance premiums, an explanation as to the costs for the Accounts preparation fee and Audit fee, and an explanation as to how the management fee has been calculated without any management of the garage actually taking place, we are mindful that these allocated costs are likely to be inconsistent with what would be deemed reasonable in the circumstances.        
    • Yes exactly, nothing after mediation - previously it was with Northampton Bulk centre
    • Well this is where the confusion sets in.......did they get that order in 2018 ?    Did they file the documents with the court ? If they didn't there is no amended new date on the order that they should comply with the order.   So you have an old Order with a new date...which in respect tells you nothing.   Reading between the lines looks like Portsmouth County Court is in meltdown hence all the errors. You stated you submitted a DQ but it was never processed to the N57 Notice of Allocation...so mediation then nothing.  
    • i think andydd was our expert on these things. i believe you have to carefully look at the tenancy agreement or whatever and see if it states admin fees are allowed. some do some don't  
    • Is there a website that lists speed limits at any particular day, I am looking for clockwise M25 junction 5 
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Blemain finance extortionate fees and charges


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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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