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*resolved* Secured loan cheques

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  • *resolved* Secured loan cheques

    Hi, I need a bit of advice. I have obtained a secured loan against a property for the purpose of sorting out my credit score and also primarily for home improvements. They have requested balances of all my creditors and a lot of them defaulted in 2010 as the recession knocked me. I sent them these balances and then someone mentioned to CCA all the creditors.
    The loan completed and I ended up with 20k+ worth of cheques and the balance in my account. I phoned them and asked if they will amend the cheques which they agreed to. Then when I wanted to do it they resisted and I had to go through the complaint process for them to listen to the call. (took months) I then returned the cheques(voided) with letters from the creditors stating that they don’t have agreements. They then phoned and said they will re issue all these cheques for the original amounts, as there are no letters from the creditors stating balance as 0.
    I have now been paying interest on 20k worth of paper sitting in my cupboard for about 4 months.
    There is nothing on the agreement that say I would pay creditors. Even the letter I gave said I am looking to repay debts plus home improvements.
    They are now trying to force me under duress to pay unsecured and unenforceable debts secured against my property which I don’t want as that does not give me any room to negotiate. (They class them self as a responsible lender!)
    Where does this leave me as I think I have the following options:
    1. Financial Ombudsmanicon
    2. Keep the cheques again and negotiate final settlement with the creditors which should very low as they unenforceable (and I paid 6 yearsicon off already)
    Then pay the creditors out of my own funds and wait for the letter to be state that the account is settled. Then send the cheque made out to them and ask them to cash it and please refund me as the account is settled.
    Then I am going to sue Blemain for the time I wasted and interest I had to pay on money that has not left their account through the small claims court.
    Anyway these are just ideas and any advice will be appreciated. I will actually pay for a lawyer that wants to give them as much hell as possible!
    Last edited by Amethyst; 16th September 2016, 18:02:PM.
    Tags: None

  • #2
    Re: Secured loan cheques

    Did you get cheques for the creditors and extra that you have for yourself?
    You say you got a loan to pay creditors and for home improvements if so and you have extra after the creditors are to be paid then might be correct them not changing the cheques.

    Rest assured that you will not be giving them grieve they have what you call grief all the time they do not worry guaranteed .

    Comment


    • #3
      Re: Secured loan cheques

      Do you have a copy of the agreement ?

      Sounds like this would be a restricted use secured loan. If it was taken specifically for debt consolidation then it should be used for debt consolidation - however if you can agreement settlements with the lenders / DCA's and get those in writing you should be able to pay those amounts - ie if there is no CCA you are likely to be able to settle at something like 25% of the debt.

      No CCA doesn't mean the debt isn;t owed, just that it is unenforceable through the courts, until/unless they locate the documents which they can do at any time in the future, so I think it is best used to get a low settlement figure.

      Also, did you take advice before taking out a loan with Blemain to consolidate your debts ? ( just sounds like a way of turning unsecured debt into secured debt with a lender who doesn't have a fantastic reputation for acting fairly )

      [MENTION=551]pt2537[/MENTION]
      #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: Secured loan cheques

        Thanks for replies. There is nothing in the signed agreement that say I need to pay debts with it. I have been paying the unsecured debts for the last 6 years with payplan. Far too much paid considering most have been sold. The defaults start dropping of now and the main thing is I want to improve my credit score as I have 3 properties I would like to remortgage in the next year as the interest rates is so low. I will get rid of them (blemain) as well with a proper lender in the next year. I work for financial companies so can't afford any ccjs. I have access to enough cash not end up with one.

        The plan is now to negotiate final settlements as low as possible and then pay it. However I don't want to send them cheques for face value. This is where I am stuck...

        Comment


        • #5
          Re: Secured loan cheques

          Did you obtain this secured loan through a broker who advised you and provided the KFI at the time?

          It seems unfair that you should be charged interest on money which neither you nor your creditors have received even if Blemain have ring-fenced it for your potential use. Paying interest on the funds which have been paid to you is a different kettle of fish.

          Di

          Comment


          • #6
            Re: Secured loan cheques

            It was through a broker. I don't mind paying interest on the money I have. That is what I agreed. However thinking about it. This is probably why they still use cheques in 2016. Even if you post the cheques they will be earning at least 14 days interest. Do that for a few thousand people you are making some good money there.

            Comment


            • #7
              Re: Secured loan cheques

              Thanks for all the replies!
              Please see attached the agreement and legal charge. No where does it mention I have to settle debts. Also interest charged on "total loan facility."
              I have not received the total loan facility as they sent half in unusable paper form. (cheques)
              Together agreement for upload to forum.pdfTogether legal charge for upload to forum.pdf

              Comment


              • #8
                Re: Secured loan cheques

                Originally posted by Koos View Post
                Please see attached the agreement and legal charge. No where does it mention I have to settle debts.
                Do you also have a copy of the loan offer?

                Di

                Comment


                • #9
                  Re: Secured loan cheques

                  This is all I got, I actually got it after the agreement...

                  offer upload to forum.pdf

                  Comment


                  • #10
                    Re: Secured loan cheques

                    Can I send them a letter before action to pay the rest of the "total loan facility" and interest charged on that portion of the money since March plus costs? They want to reissue all the cheques I voided.

                    Comment


                    • #11
                      Re: Secured loan cheques

                      Originally posted by Koos View Post
                      It was through a broker. I don't mind paying interest on the money I have. That is what I agreed.
                      Why don't you contact the broker who sold you the loan product in the first place. Ask them to clarify what they agreed with Blemain on your behalf.

                      Di

                      Comment


                      • #12
                        Re: Secured loan cheques

                        I have just done that thanks!
                        This is the closest I came to say that I will be paying them.
                        I very carefully used the word "looking" as was still negotiating.letter upload.pdf

                        This has been dragging on from October last year and only completed randomly in March.

                        Have I got a case?

                        Comment


                        • #13
                          Re: Secured loan cheques

                          Just to let you Joanna Connolly Solicitors resolved the issue for me!
                          Thanks Jo and Di

                          Comment


                          • #14
                            Re: Secured loan cheques

                            That's great news, well done. What was the resolution?
                            #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

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