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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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Lancashire mortage secured loan unregulated? ripping me off


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hello, hoping someone can help and point me in the right direction.

 

In hindsight I wish i had done some reaesrch beforehand and found this site 10 years ago as now i wouldnt be in the mess that i am in :(

 

so in 2008 i was in desperate need of funds. I approached a broker who introduced me to lancashire mortgages.

 

initially i went for a bog standard mortgage but due to my circumstances and being self employed it was turned down at the initial stages.

they did however offer me a secured loan.

i should have seen it then that it was a trap.

 

i took out a secured loan in august 2008 for 26k adding in fees etc it came to 30k.

my payments were set @ £310 per month for 300 months in the agreement.

 

I was stupid and desperate and didnt fully understand what i was getting myself into :|

 

Having re read the agreement now (as i recived a letter a few days ago, more below) it stated in a clause that i understood that this agreement was not to be regulated by CCA. had i done my due diligence and was not so desperate i would never in a day have signed something like that.

 

The first year went fine.

all payments made.

 

then in 2010 my employment became erratic and i started to miss payments.

the usual threatening letters and calls followed and they put the £35 charges on to the account more than a few times.

 

i always made the arrears payments as soon as i could.

 

over that year and a half i got in total 44 call charges of £35 each and 5 £150 for letters sent for initiating proceeding and 3 for sending letters advising possession proceeding starting @ £500 a pop.

It was a bad time.

 

However i paid all the arrears off etc (not the additional charges they popped on)

Since then i have always paid on time.

 

for the last 7-8 years i have never missed the agreed payments always in the hope that i can save and pay off the damn thing (I can hope cant i?)

 

the other day i get a letter with a break down of my payments since 2008.

I was horrified that i have paid near enough £30k since then (the total loan amount) and there is still 15 years left which means ill end up paying over 90k if i continue!!!!

 

that wasnt the worst however,

they have said that my plan isnt on schedule and i have to pay £12k by mid august (given literally 2 weeks notice), to give them a call to discuss options.

I literally broke down.

 

no outline as to what that £12k consisted of and no breakdown.

letter just says that i had failed to keep to the agreement (well the agreement was to pay £310 a month for 300 months which is what i have been doing) .

 

The agreement was to make 300 payments of £310 per month which i have been doing on a regular basis for 7-8 years now with no missed payments. the APR has always stayed the same with no change even the payment breakdown shows this.

 

Yet the interest accrued was now at £380 per month.

looking at the outstanding balance its at £38k!!!!

i literally broke down and haven't managed to get out of bed until now :violin:

 

I have read all the other posts and know that it changed they from blemain to together.

 

I need to get out of this bad situation.

I always knew that i would have to make the payments each month and id have to pay the initial loan amount which was inevitable with such leaches.

 

I was bidding my time to pay as low redemption as possible.

started off at 5% and now its only 1%.

 

also with the hope that my fortunes would turn and i would have the funds to pay the leeches off in one go.

 

However the outstanding balance is now £38k and they want an additional 12k and thats not even redemption figures. To top it all off they have registered themselves on my property with land registry.

 

No where on my agreement does it say thats its regulated by the CCA in fact there is a small clause on the first page which states that i understood that it wouldnt be regulated by the CCA and stupidly without understanding the consequences i signed.

 

I thought after april 2008 that the 25k limit was lifted for such agreements to be regulated by the CCA as its what i have read on other posts on the forum? and thus am i right in thinking that my £30k loan is regulated regardless of the tactic they used to insert that clause?

 

is my agreement regulated?

can they be adding the interest like they are without even once notifying me that its increased and to advise me to increase my payments?

the interest rate has always been the same since day one..

 

never have they contacted me to say i need to increase payments(why would the i know)..

 

So stuck... they are ripping me off left right and centre and i dont have the will to live. bleeding me dry like leeches.

What can i do??

 

i have to call them in the morning to discuss options but i wont say much or agree to anything as surely this must be illegal or downright immoral.

i must have some type of recourse?

 

Can some one help?

shed me some light?

 

Thank you...

Edited by dx100uk
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Get an sar running.

Get every piece of info you can

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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Thank you.

yup will be doing that.

thankfully i have all the letters from day one including the original agreement.

 

i was really stupid and desperate to have signed something so blatantly stupid.

may as well have placed a gun in their hands and pulled the trigger myself :(

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  • 2 months later...

Can you post the original agreement on here obviously blanking out any personal details and account number. Was the original agreement signed by the lender. Have you received annual statements. Do not get upset this group of companies are fraudsters you just need to find out what the fraudulent actvity has been on your account. You are in a very fortunate position that your agreement is post Apr 2008 and therefore CCA 2006 will apply.

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Thank you for your reply. ATM dont know which way to turn or what to do.

 

requested a SAR few months ago and got nothing as yet.

the telephone convo I had enquiring about the new charges and me complaining about it resulted in them sending a first and final resolution letter where they knowcked of £700 or so.

 

Didnt even answer the question as to how they reached the amounts.

No break downs no nothing.. Nadda.

 

I have attached a copy of the agreement (just the front page) and another certificate they got me to sign HOWEVER this is what they supplied with their latest letter.

 

Looking for my original copy(s) too which I can post once I have found it.

Kept is somewhere so safe that now I cant find it!!!!

 

Very very interested to hear what your thoughts are when you said:

"your agreement is post Apr 2008 and therefore CCA 2006 will apply"

 

I have uploaded as requested.

blemain-LMC-agreement.pdf

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So your telling me this is a copy your agreement they have sent you recently. If so we need to talk as it will help both our cases against these fraudsters. Would be very interested to read the clauses behind that front sheet you signed as if there similar to mine your agreement is likely to be turned on its head.

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so you have a similar loan from these guys???

sounds like your saying that this is unenforcable??

could you elaborate on your initalreply where you said:

 

"your agreement is post Apr 2008 and therefore CCA 2006 will apply"

I would love to chat as ATM digging myself an early grave with all the stress and worrying... whats the process to chat??? as you can tellam new here!

Edited by dx100uk
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there is no chat everyone is anon

 

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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This is what so annoying about this site you actually believe by not allowing conversation by PM you are actually helping people when your actually not.

 

My case is directly applicable to this case yet I would have to disclose it on open forum which I am not able to do as its subject to appeal.

 

Yet your still willing to let someone suffer at the hands of these fraudsters knowing that his loan could be unenforceable like mine.

Edited by dx100uk
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its against the rules because it helps no-one bar the person you are in PM with.

cag is for everyone to read and not just members.

for every members that reads here there are 1000's that are not members that never post but still read the help through finding us on search engines and never even register....

 

the fact that yours is subject to an appeal doesn't stop you from outlining the principle of what you have found.

 

there are 1000's of people here with these types of issues not just blemain etc, endeavour too [HFC] and welcome finance as well

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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This is what so annoying about this site you actually believe by not allowing conversation by PM you are actually helping people when your actually not.

 

My case is directly applicable to this case yet I would have to disclose it on open forum which I am not able to do as its subject to appeal.

 

Yet your still willing to let someone suffer at the hands of these fraudsters knowing that his loan could be unenforceable like mine.

 

 

I have to agree here. As a new user and looking to get help with these (I WONT SWEAR) out of my hair. getting the right help and support OR even a direction to go in seems non existient. I dont just want to talk about my issue BUT want to find out how I can get the help to help me fight these (I WONT SWEAR)

 

 

its against the rules because it helps no-one bar the person you are in PM with.

cag is for everyone to read and not just members.

for every members that reads here there are 1000's that are not members that never post but still read the help through finding us on search engines and never even register....

 

the fact that yours is subject to an appeal doesn't stop you from outlining the principle of what you have found.

 

there are 1000's of people here with these types of issues not just blemain etc, endeavour too [HFC] and welcome finance as well

 

 

I understand that. Point well made but its still not helping me OR the many people that are in my position...

 

 

forgive me IF i get this wrong... Is there anywhere on this forum that provides details of say solicitors that help with this specific thing? or that have dalt with these sepcificblemain/lancashire/together lenders?

 

 

 

as I see it going in alone with no techincal knowledge or idea of how the court syustemworks albeit a count court system the blemain/lancashire/togther monstors will just run all over me!

 

 

Please a little advice or pointing in the right direction would be wonderful and you shall for ever be in my prays...

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Stop being selfish....

99% of the info you need is contained within like threads here already

Take your time research...then ask

 

Then post up how and what you are doing so that others can latterly read.

 

And no we cant recommend sols

 

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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Wow... errm I guess I owe you a BIG apology certainly not my intention to be selfish.

 

My sincere apologies for offending you in any way.

 

I have been scouring the forum since initially posting few months ago. Simply not getting anywhere to find info or advice on how to proceed..

 

Will keep looking I guess...

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you don't apologise to anyone and there is certainly no need too..not what cag is about

 

we try and concentrate people efforts in to finding, with the help of all the knowledgeable chappies here, a resolution that helps everyone.

 

its worthy to note that things appears to be moving fwd recently

https://www.consumeractiongroup.co.uk/forum/showthread.php?463780-Need-help-to-cope-with-blemain-finance(1-Viewing)-nbsp

 

theres an important court case on going by the above person though I don't think he's actually posted the update on his own thread yet but on someone else's.:lol:

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 the link. I was reading that thread earlier on today after looking up all renewablejohns posts. Came across releaseusall situation. Very bad. Sound so much like my own and many others.

 

Yup I do note that there’s not outcome reply. In the search I did for renewablejohn nothing came up about an outcome for court case at least no details just mentions here and there and couldn’t find any for relaeseusall either.

 

I have done a search good few times but nada.. would you be kind enough to point me to link where you said they posted in different thread. Thank you

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Mine is a very important court case which would directly sort out the ops problem. If I was on The Farming Forum I would not have this problem as the general background can be discussed on the open forum but then any specific advice can be done using the PM system on a one to one basis for all those in the same situation. Thats why The Farming Forum has grown to be the largest farming forum in the world and is expanding

Edited by Andyorch
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no its not his thread that's had it at all...must have been a diff user then..someone somewhere says they've got the sra and others involved now, but no not this user sorry.

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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What knowledgeable chappies are you referring to. They left this forum years ago your now left with individuals like myself who are not qualified only by experience of being put through the court mill paying barrister tens of thousands for the advice.

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  • 2 weeks later...
  • 1 month later...
Thank you for your reply. ATM dont know which way to turn or what to do.

 

requested a SAR few months ago and got nothing as yet.

the telephone convo I had enquiring about the new charges and me complaining about it resulted in them sending a first and final resolution letter where they knowcked of £700 or so.

 

Didnt even answer the question as to how they reached the amounts.

No break downs no nothing.. Nadda.

 

I have attached a copy of the agreement (just the front page) and another certificate they got me to sign HOWEVER this is what they supplied with their latest letter.

 

Looking for my original copy(s) too which I can post once I have found it.

Kept is somewhere so safe that now I cant find it!!!!

 

Very very interested to hear what your thoughts are when you said:

"your agreement is post Apr 2008 and therefore CCA 2006 will apply"

 

I have uploaded as requested.

 

Do you have the terms and conditions on the back of the loan agreement. If you could upload I could advise if the same as mine and if so your contract should be unenforceable.

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  • 2 weeks later...

rippedoffbyblemain

 

Could you please send a copy of your unsigned agreement to Bill Sillett at the Financial Conduct Authority, 25 The North Colonnade, Canary Wharf, London, E14 5HS. He is aware of my case and is collecting information on other similar cases but obviously without a name and address there is not much he can do for you.

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  • 2 months later...
On 09/12/2018 at 23:46, renewablejohn said:

 

Do you have the terms and conditions on the back of the loan agreement. If you could upload I could advise if the same as mine and if so your contract should be unenforceable.

@renewablejohn many apologies for the delay in reply. I never got a notification about your message. Guess that's due to the new site. Even the links suggested by site admin in posts above don't work now!!!

 

From the previous comments and lack of help and NOT ever having received a SAR as requested from these leaches I kind of stuck my head in the sand. Got no help from anyone to move forward. At the stage where I have now defaulted and awaiting repossession:(

 

I still need help and am still willing to help you or provide info. DO you still need me to fulfil your request??

 

On 20/12/2018 at 15:39, renewablejohn said:

rippedoffbyblemain

 

Could you please send a copy of your unsigned agreement to Bill Sillett at the Financial Conduct Authority, 25 The North Colonnade, Canary Wharf, London, E14 5HS. He is aware of my case and is collecting information on other similar cases but obviously without a name and address there is not much he can do for you.

 

Sure, ill get that done. At least some is taking an interest! How have you progressed if at all considering your reply is now a few months old??

 

1 hour ago, Sick Of Legal Bullies said:

Hi, is there any update on any of these situations. I very soon have an important court case coming up with these parasites-any updates on cases is appreciated.

 

Please see above. due to the site update, I didn't get any updates and was initially disheartened with not being able to get any help and stuck my head in the sand. Had I have seen the replies I would have been able to take some steps and not now be in a position of first stages of getting property taken off me!

 

Guess I will manually keep an eye on this post as its important to me.

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Just a quick update on mine. I still cannot say a lot as it is still going to Appeal if the courts will allow it. What has been established is despite a sworn statement in my case that my agreement was the only unsigned agreement by the Lender that a certain Director of LMC new about we now know it is quite common. We also know that failure to sign the agreement could make the agreement unenforceable but the better option would be to make the agreement a regulated agreement as obviously if it is unsigned at April 2018 and signed subsequently then CCA 2006 will apply.

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  • 2 months later...

Just a quick update on how things are going for me.

 

Actually got no where. Not got any help (apart from @renewablejohn who has been helpful).

 

Been trying to get with a legal expert but that keeps falling flat on the basis that I am not in court yet so cannt help until thats the case.

 

Now I have been sent an LPA apointed letter. So basically lancashire/blemain/together are going to use the loop hole to circumvent the courts, get access and control over my property and basically sell it right under my nose.

 

Sigh. I sent off for a SAR last year and never got a reply. I though hey lets try again. Went over to find it on this forum and ALL the links are dead: https://www.consumeractiongroup.co.uk/topic/415629-sar/

Quote

Sorry, there is a problem

Something went wrong. Please try again.

Error code: EX0

 

TBH dont know what to do. 😭

 

Takeaway NEVER DEAL WITH THIS BUNCH OF LEACHING COMPANIES

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