• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Dickie99 v Blemain Finance

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Dickie99 v Blemain Finance

    Posting on behalf of Dickie99 xx



    Well... where do i start, Blemain Finance. I have never dealt with such a aggressive unhelpful company, i really do wish i never ever took out a second charged loan with them back in 2006 over 7 years.

    Basically i have a high payment over a short term around £600 per mth, everthing was fine until i became ill and we had a reduce income each month, i contacted them straight away back in Feb 09 after a couple of months they kinda agreed a verbal agreement for a reduce payment for 2 months i believed we had PPI on the loan but is only covered life only which was basically useless!

    So Blemain have began to play a very aggressive game called we take your house off you if you do not pay the full arrears and take you to court and evict you! Icontacted the FOS they as unregulated which i was unaware as i took the loan from a broker! They advised the FLA which i spoke to and made a complaint, as well as the OFT for aggressive debt chasing and not treating their clients was abit of respect in financial differculties..I also complaint about the broker selling a unregulated loan and mis selling PPI to us. Basically i called Blemain today after receiving a final demand or else! letter for £35...The "helpdesk" ( what a joke ) are unhelpul and the recoveries team well, they just bullied me into a state of despair. Is they anything i can do ?

    Blemain will not extend the loan in order to reduce the payments, all they can say is sell your home or we will take it off you and the judge "quote, "will see you have defaulted" and we have acted fairly! The arrears are under £5000 however i do not believe this is correct and i have asked for a statement severals time..

    I feel that they being aggressive with me is due to my complaints to them and outside financial concerns... Blemain appear to make their own rules the say one thing and do another... My mortage company advised i try to agreed a reduced payment and extend the loan over a long period until i on my feet..this was just brushed aside..

    Please can you give me a point in the right direct, in order to fight this truly nasty company!!

    The loan was taken out via Freedom finance in Oct 06 with PPI cover for £31000 over 7 years monthly payment is £598.92 per month.When I made a complaint via the FOS in July, Blemain sent copies of the terms and conditions highlighting "unregulated" loan which i sent direct to the OFT( I did not know the loan was unregulated and what it implied.) I kept all copies of all letters and emails. They agreed the arrangement verbally in Feb 09 they never put this in writing, i wrote a letter thanking them for accepting the lower payment of £150.00 per month. I do not appear to have a copy of anything other a two letters via my complaints that were finally answered in Aug 09 again they just mispresent everything. Blemain have now demanded £898.92 per month which is crazy they want their first payment on Monday 12th Oct...or they are taking legal action to "reprocess the property by inforcement" they frightened the life out of me...
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

  • #2
    Re: Dickie99 v Blemain Finance

    What a nightmare, we almost took a 2nd mortgage with them 3 years ago. Sounds like we have a had a very lucky escape.

    Comment


    • #3
      Re: Dickie99 v Blemain Finance

      Just to confirm, since offering the £150 pcm you have been making that payment ?

      The Judge will see you have defaulted, but he will also see you have made every effort to communicate with the company and repay the debt to your best ability.

      As a secured debt your position is a little weaker than a secured unsecured debt but Judges still dont like to take peoples homes off of them, especially when they have hit hard times are are trying their best to sort things out.

      Try and keep notes/copies of correspondance with blemain, and keep everything in writing. Also keep evidence of the payments you are making and have been since you offered the lower figure.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Dickie99 v Blemain Finance

        Yes, I have been making this payment via standing order on a weekly basis to manage and prove committment, until i raised a complaint in September over how they basically bullied me into paying more, also when i made complaints to outside concerns they "stopped" bothering me.. i thought this was a good sign and they would have extended the repayment plan until the end of the year at least as requested.They came back and said they could not do that, the only way this would be exceptable would be if the house was placed on the open market and we had access to the estate agents details. I had been making payments but they said i miss a payment of £100. how i do not know they have yet to sent a statement of account which i requested, I have kept copies of all my personal correspondance to Blemain i also have their responces too.. I am trying... but their behaviour is no better that loan sharks..

        xxxxx

        Comment


        • #5
          Re: Dickie99 v Blemain Finance

          As you were paying by standing order you have evidence of the payments made, so go back through your statements and check all your payments. It happens quite a bit that companies say you have missed a payment or two to get you into the court system, when in fact you havent, then once there and shown evidence say, oh dear our mistake, well while we're here may as well get this sorted out by the court.... why the judges don't see through it I don't know. But it is important, especially if on a repayment plan to keep evidence of all your payments.

          Alongside your letter asking for a full statement and breakdown of your account I would send a full Data Protection Act request. Actually as they are threatening court action and it would be in fast track you could use CPR 31 (pre action disclosure) to request the information.

          Don't talk to them on the phone, if they keep ringing send them the telephone harrassment letter , and keep all communications in writing. Keep making your payments that you can afford and keep the evidence of them.

          Of course, with a secured loan, it is secured against your property and selling is an option you have to consider if you run into difficulties that arent going to be short term.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Dickie99 v Blemain Finance

            How do i receive a CPR31 and is there a formal harrassment letter that i could use for reference..

            My problems are only going to be short term as soon as i "get through" this bad patch and get back to full work work i be fine.

            Hopefully i will get my bank charges back soon and i have won a case with the FOS for mis - sold PPI awaiting payment for that too..

            Do you think this will actually happen with the bank charges are is it wishful thinking...

            xxxxx

            Comment


            • #7
              Re: Dickie99 v Blemain Finance

              Have a look here for the harrassment letter. http://www.legalbeagles.info/forums/...read.php?t=286

              CPR31. http://www.justice.gov.uk/civil/proc...rts/part31.htm

              If you have bank charges and you are suffering financial hardship you maybe be able to recover some of these now under the FSA waiver rules, have a read and see if you fit the criterea -
              http://www.legalbeagles.info/forums/...play.php?f=106

              Tuttsi
              Last edited by TUTTSI; 12th October 2009, 21:51:PM. Reason: added link CPR31

              Comment


              • #8
                Re: Dickie99 v Blemain Finance

                Originally posted by TUTTSI View Post
                Have a look here for the harrassment letter. http://www.legalbeagles.info/forums/...read.php?t=286

                CPR31. http://www.justice.gov.uk/civil/proc...rts/part31.htm

                If you have bank charges and you are suffering financial hardship you maybe be able to recover some of these now under the FSA waiver rules, have a read and see if you fit the criterea -
                http://www.legalbeagles.info/forums/...play.php?f=106

                Tuttsi
                Originally posted by TUTTSI View Post
                Have a look here for the harrassment letter. http://www.legalbeagles.info/forums/...read.php?t=286

                CPR31. http://www.justice.gov.uk/civil/proc...rts/part31.htm

                If you have bank charges and you are suffering financial hardship you maybe be able to recover some of these now under the FSA waiver rules, have a read and see if you fit the criterea -
                http://www.legalbeagles.info/forums/...play.php?f=106

                Tuttsi
                How do i receive a CPR31 and is there a formal harrassment letter that i could use for reference..

                My problems are only going to be short term as soon as i "get through" this bad patch and get back to full work work i be fine.

                Hopefully i will get my bank charges back and i have won a case with the FOS for mis - sold PPI awaiting payment for that too..

                Do you think this will actually happen with the bank charges are is it wishful thinking...

                xxxxx


                Hi.. thats a great help, I went through the FOS for one set of bank charges they paid me 1/4 of what they owed, but the FOS said the bank had acted within the rules and cleared the debt with them and they were not responsible for other debts that i have even if i was struggling. I try going back again in June 09 but i got the same answer.. I left a thread back in March time, i think, it concerned the Abbey...

                If iIgot back what the banks owe me i would be fine and could pay off Blemain!!!

                I read a couple of threads concerning the October review and the waiver in place until Jan 10, whats the beagles feeling concerning for customers getting back what the banks have took over the years in charges ? is there anything i can do personally to lift my stay ? my claim has been on hold over two years it seems very unfair..

                thanks again for the links.... that a real help

                XXX:beagle:

                Comment


                • #9
                  Re: Dickie99 v Blemain Finance

                  What was the outcome with this

                  Comment

                  View our Terms and Conditions

                  LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                  If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                  If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                  Working...
                  X