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We unfortunately took out a secured loan in 2006, the loan ends this month.

 

To my surprise when i spoke with the a few months ago they told me i had a off schedule balance. This being when i looked further into was charges added to the account for letters, phone calls etc.  I am very sure you have all heard the same story now multiple times in here.

 

Things id like to point out, my initial contract has no payment date. They knew i was paid at the last day of every month yet set my payment date as the 22nd. When we started to receive letters telling us they had not received the payment on the 22nd we contacted them to let them know that the direct debit was set for the last day of the month. We were told each time it was OK and ignore the letter, they even went as far as setting the direct debit for the end of the month.

 

The payments on the contract were also broken up between the initial loan and an additional payment for payment protection.  We successfully got our money back for the payment protection ins however the payments still stayed the same. How can this be possible if the insurance had been closed.

 

I am at the point now that i need to consult a solicitor to get my head around it all because i am not going to pay back charges which equal more than the original loan.

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Hello and welcome to CAG. People who know about Blemain should be along over the course of the day to advise you but you could have a read around our Blemain forum for cases similar to yours in the meantime.

 

I've popped a few paragraphs into your post to make it easier to read for the advisers. :)

 

HB

Illegitimi non carborundum

 

 

 

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if you have all the statements ...

knock up a spreadsheet as most of the blemain threads here already and put in a reclaim against them all.

 

 

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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Has anyone had any luck in reducing the charges?

I’d be interested if anyone knows what is classed as a fair charge and what can be seen as an unfair charge.

 

My greatest bulk is the interest against these charges.

I had contents insurance but not buildings, because I didn’t read the contract correctly I didn’t know I needed it.

They contacted me about 4 years into the loan to say they would provide it.

This cost £800, the interest mounts to over £4000

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no fixed sum penalty charge is lawful, so thus the interest charged on these fees is also unlawful and reclaimable.

 

as for insurances, the only thing that must be inplace is building insurance.

sadly if you didn't have that they are entitled to charge it.

 

 

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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the agreement says nothing of the sort, that's the T&C's you are reading

and if everything in a T&C were correct they'd have been no PPI reclaiming nor historic bank charges reclaiming which is what created CAG 10+yrs ago.

 

i suggest you get upto speed by reading as many other blenmain threads as you can in the forum your thread is in.

 

get upto speed...

 

https://www.consumeractiongroup.co.uk/forum/290-blemain-finance/

 

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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I have been reading through quite a few of the threads and to be honest i thought it was me only who had this problem.

 

It seems they have a history of making peoples lives miserable, as if the additional money they gain from the initial loan is not enough that they have to exploit people more. 

 

A few things i noticed going through my paperwork,

 

1:- the inital loan was for 180 months at £200 + £29 for the insurance. I would have thought that once we claimed the ppi back from this they would not charge me anymore yet i have still been paying this amount for the remainder of the loan.

 

2:- I claimed to earn £900 a month salary, however the wage slips i sent back clearly show i earned far less (£200-300)

 

3:- There is nothing in the contract stipulating a payment received by date so as soon as they arranged a direct debit with me should that not be officially the payment by date

 

I am consulting a solicitor now i have my SAR and hopefully they can help me get them off my back.

 

Initial Loan £15k, £3k of which went to the bank for being behind on my mortgage so actually received £12k. Paid back thus far £41k and they still want £14k more

 

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Few solicitors are conversant with reclaiming.

Be careful you dont throw good money up a wall.

 

Everything you need is already here .

 

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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  • 4 weeks later...

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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I have just sent them this letter and canceled my direct debit to them now that my loan payments have finished and the only thing they want now is the charges to be paid off. I am not expecting them to go quietly so will post their intimidating response.

 

Dear Sir/ Madam

 

ACCOUNT NUMBER: xxxxxx

 

I am writing to ask you to refund the charges which you charged to my account in respect of late payment fees to the sum of £ 14,670.75. I now understand that such fees are unlawful at Common Law, Statute and recent consumer Regulations.

 

In addition your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under Schedule 2 of the said Regulations, which provide an indicative and non-exhaustive list of terms which may be regarded as unfair. Under paragraph 1(e) of schedule 2 this specifically includes terms which have the object of requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation. I would vigorously contend that this is the position regarding the fees which you deemed fit to apply to my account.

 

I would like to bring your attention to the following statement by The Office of Fair Trading:

 

"A term in a mortgage agreement which requires the borrower to pay more for breaching the contract terms than actual costs and losses caused to the lender by the breach (or a genuine pre-estimate of that) is likely to be regarded as an unfair penalty and to be unenforceable both at common law and (in a consumer mortgage) under the Unfair Terms in Consumer Contracts Regulations.

 

I believe that the charges you have levied of £14,670.75 far exceed any true cost to yourself as a result of our breaches and any genuine pre-estimate you could conceivably reach. If you disagree, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put to as a result of our breaches, in order to reassure us that your charges really do reflect your costs.

 

Thus I am asking that you refund the charges and other fees which have been levied on my account. If you do not respond, or you do not respond positively, within the time limits set out in your official complaints procedure I will enter a formal complaint to the Financial Ombudsman Service. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

I would also like to bring to your attention that you have been overcharging me on my payments. My initial loan repayments were made up of £200 for the loan and £29 in PPI. Since I claimed the PPI you had charged me in my complaint 2012 these payments should have stopped, however you still have been charging me the insurance. To date I believe the sum to be over £2700 not including any interest. However, I am prepared to relinquish my claim for this in in exchange for the buildings insurance I was charged for.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

Yours faithfully,

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did you inc your spreadsheet?

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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so how have you come up with the figures you quoted?

 

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

I got the start date from when we received our cheque from them for the PPI to the last day of our payments which was August, worked out how many months and times it by the amount we had been paying for insurance.

 

the figure is not 100% accurate as it will be more,

i just gave the basic lowest it could be without any interest added.

 

As i went through my contract there was a few more things i found,

the loan was minus what we already owed to the bank for missed mortgage payments and the wage i said i received was far more than the amount shown on my wage slips.

 

Would this go to a view of irresponsible lending if i already could not pay my mortgage and my wage was at least 1/3 less than i stated.

 

The PPI thing i also found out by looking through the contract where it stated how the figure is made up, £200 for the loan and £29 for the insurance. This never changed from August 2011 when we received the cheque up to the last payment in 2020.

 

A lot of the letters received were also for the payment date, they said it was contracted yet it does not state anywhere the date at which the payment should be received. They even arranged the direct debit with us for the end of the month and whenever we questioned them regarding the letters they told us dont not worry.

 

However what they were doing is charging us for the letter on the 22nd and then interest between then and the last working day of the month when payment was sent.

 

 I have since spoken to them and they told me that i still owed the amount of money and that interest was still being added daily which would go down as i make payments. So will take us now at the payments we were making previously another 7 years to pay the balance off with the interest being added.

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why are you talking to these fleecers on the phone?

 

if the balance is solely unlawful penalty fees+the int those created, then you don't owe anything.

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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They rang me in reaction to me cancelling my direct debit, i told her what i had done and stated i would be in touch via recorded letter.

 

She then reminded me i had a balance outstanding to which i inquired would this be gaining interest as well to which she told me yes £176 every month, however assured me that it goes down after each payment so lucky me!

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ruddy fleecers.

next time they ring

put the phone down stating writing only.

 

don't waste money on recorded post..as they don't have to sign for it now in covid restrictions anyway

just use 1st class and get free Proof of posting from the PO counter.

 

as the AC is still 'active'

i would use the FOSCISHEET

 

part their int rate in cell D15

enter EVERY fixed sum penalty fee in the sheet  on the date it was charged.

that will give you an accurate running figure that increases everyday until/id they are stupid enough to take you to court.

 

is this debt mention by a security entry on your deeds?

 

 

  • Like 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...

Well i received a reply from them, they told me that all the charges were within a satisfactory value and that my ppi i received back was for the entire amount i would have paid in the 15 years.

 

I am now going to raise the issue with the ombudsman and let them deal with it.

 

Any advice i can use for the ombudsman?

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Fos wont side with you on unlawful charges i doubt but let it run

 

can i just check this is or is not now secured on your property??

 

 

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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you say this is a secured LOAN, NOT a mortgage?

what are they doing charging you building insurance in conjunction with a secured loan?

 

please type out (minus anything that can ID you)

all the entries on your deeds that state blemain in them.

 

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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