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    • No the order states quite clearly " Documents Filed 39 November 2018 must be served on the Defendant and a certificate of service filed "   Your initial defence put them to strict proof to disclose the documents you would have requested within your defence. If you have never received the documents then the claimant has not complied with the above order...and you must inform the court same.   You don't want a DQ yet as you don't want it to proceed to allocation until they comply with the above order.
    • I don't want to interfere with the way that my site team colleague is going to advise you – but in the event that there is some liability, I think it's possible to separate the old liability – up to the time of the returned payment from the more recent liability. I don't think you've told us anything about the entire sum that they are claiming. I don't think you've told us anything about the sum which you originally paid and they returned to you. In respect of the first part – the sum that they returned to you, if they are trying to recover that now, I think you could usefully look at the doctrine of estoppel.
    • Nothing has been served since mediation. However when you read it it seems that they are to service it on me rather than prove the served it. There is also to time constraint on the order.    The court stated that the matter was never referred to a DJ, Lowell must have complained and had it referred, Portsmouth CC had the claim sitting around since last year 2020 somewhen, but I was confused as to what happened to it before.    I've uploaded it redacted.  IMG_8644.pdf
    • Has the claimant served any documents on you as per the order of 2018 since mediation? 
    • Dates 19 Jan 2021   Rang the court, they said it was delayed and not transferred to them locally until last year and then Lowell chased them to process it and continue.  However I am really puzzled as if it went to court, should I not have received a Directions Form to complete?
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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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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2006 £25k loan...still owe £27k!!!....help


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Hello everyone,

I would like to know if anyone as won any cases against Blemain in regards to unfair charges etc....

 

I took out a loan in 2006 for £25k secured on my property, I clearly checked the box indicating we did not want PPI only to find that over £5k was added to our loan which was for PPI.

 

However in late 2017 I still had £27k outstanding on a loan which was taken out over 180months. Simple math shows with have paid over £50k back since 2006.

 

My beef with Blaimain/Togrether is :

 

£5k was added to the loan at the front end for PPI to which we clearly said we did not want.

 

Since 2006 our monthly payments have been based on £31k rather than £25K

 

I would like to hear if anyone else has had a similar experience. Thanks.

Edited by Hardoneby
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Yes lots

Have you all the statements?

 

Title updated

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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could be in line for a nice little reclaim.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Have you got a copy of the agreement ?

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hello Andy, thanks for getting back to me.

 

Yes, I have all the documents.....

 

Just continuing from my first post I contacted Blemain/Together in November 2017 to get an update/status on our loan etc...I told there Customer Services Department that I would like to lodge a compliant regarding three points :

 

Firstly - PPI being added to the loan at the start, hence £31k and not £25K which we applied for. We clearly checked the box on the application that no PPI was required.

Secondly - Our monthly repayment since 2006 as been on £31k and not £25k

Thirdly - Unfair and inappropriate charges for missed payments. Our beef is that due to us paying monthly payments on £31k and not £25k this contributed to falling into arrears.

 

I would say that all arrears were paid up and the account is running on track.

 

We received correspondence from Blemain/Together confirming acknowledgement of our compliant which basically said they would investigate however this could take a few months etc.

 

So correspondence was received regularly, monthly from them just saying they were still investigating etc. One of the letters received a few months later said that our PPI was sold by a broker, Loan Line Ltd but Loan Line were no longer trading so Blemain/Together could not help with the PPI element. I went back and told them as far as I was concerned firstly we didn't ask for PPI and secondly we had never had any contact with Loan Line and our contract was with Blemain/Together etc. unfortunately this was still rejected by them and they told me to contact the FSCS...which we did....

Edited by Andyorch
Paras
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Could you scan and redact upload a copy of this agreement ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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We received correspondence from Blemain/Together confirming acknowledgement of our compliant which basically said they would investigate however this could take a few months etc.

 

They have 8 weeks, then you go to the ombudsman.... which can take foreveeeerrrr.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 3 months later...

Ombudsman will be no use whatsoever as Blemain will argue that loan is over the 25k limit and therefore not a regulated agreement. Ombudsman reply will just be that this matter would be better for a court to resolve. Been there done that got the T Shirt.

 

 

As already said can only really help if we have sight of the agreement with personal details and agreement number removed. Was the agreement signed by the Lender or do you have an original agreement not signed by the lender.

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Read upload

One multipage pdf

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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We may be waiting a while OP was asked over 5 months ago.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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and he/she hasnt been online since.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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