Howdy & saying high to everyone, here is my story sad but true & looking2 share (@:

[Blue Lagoon]

Howdy all


Last week I discovered that my Mother who is over 70 is yet another victim of the awful Blemain Finance.

I have read all the horror stories on threads about how unscrupulous this company operates.

They are now trying to evict my mother and they have served a warrant of eviction.

I only found out about this last week as I had noticed a significant change in her personality of late, I had no idea whatsoever that she had taken
out a secured loan on her property, she had hid this from me through the sheer fear of how they have been dealing with her on the phone the past few years.

I knew something was wrong of late and noticed she was agitated and kept dashing off to a bank that she does not deal with in another town, she would not divulge anything to me and just clammed up saying it was ok, so as horrible as it was I followed her into the NatWest branch where she had been constantly dashing to make these payments.
I entered the bank, introduced my self, queried the payment and then interrogated the shocked clerk, upon seeing the paying in book and after helpful discussion with the bank clerk,
I soon realised this was Blemains paying in book and my heart began to sink.

I took my Mother home and gently queried her about the loan and to find out more about Blemain and the agreement she had taken out, she broke down in tears, threatened suicide and produced the warrant of eviction. I was in total shock, but I think she was genuinely relived to finally tell me what is going on with these sharks. She is very scared and in fear of losing her house,
I now have her back on track emotionally and she is ok at present as I have been working very hard all week investigating and obtaining as much information as I can.
I have involved all the relevant agencies and partners that I can at present.

These include CAB, CCCS, Trading Standards, Ombudsman, Office of Fair Training and others, I know some probably cant help as Blemain are unregulated and very slippery to say the least.

I am however totally incensed at how they operate, prey on the vulnerable and generally take the p*ss with such arrogance.

So I have the bit between my teeth, I am going to fight them tooth and nail, I have uncovered so much the past week it is astonishing and quite shocking.

I have two legal advice meetings next week to finalise some details and try and suspend the possession order and sort this mess out.

One interesting detail is that I finally had the opportunity to speak to Blemain today on the advice from what I have uncovered and been advised on this week. This was to obtain the relevant facts, actual agreement, court dates, terms etc so I could use this information for my next meetings. On the phone they initially gave me the usual run around, bull***** me, tried to fob off to other departments, we are too busy, etc etc - especially as this was the first time I have ever spoken with them as they are so used to bullying and picking on a 74 year old woman - they didn't want to speak with me as their 'prize' my Mothers house is within their sights.

So I suddenly changed tact on advise I had previously been given, I got very firm and agressive with the cocky s*hit on the phone and got him to completely back down and tied him up with words from all the confusing babble he was obviously trying to spout to me. I then gave him a taste of his own medicine for a change, resulting in them wanting to revoke the eviction and assist with a payment plan due to the choice words and banter that I used.

I dont trust anything they say, I know they will go back on their word, I know they will still proceed with the eviction, but the call was recorded, they now know that I am on their ass, and they now know that I Know they are sharks and have acted irresponsibly, they have us over a barrle at the moment but its not gonna be as easy as they hoped as long as I can stay strong and fight them.

I have a real battle on my hands, a long protracted one but I am going for it all the way as I am so sick of how many people they unfairly rip off

If any one can offer any further advice or dealings with Blemain, I will happily share how I have proceeded so far, I will post up a separate thread including the ridiculous agreement details, charges and redemption fees they want.

I also have in mind some other interesting means at my disposal that are legal and that I dont think anyone had tried as yet on these predatory crooks to date. This could really stick it to them for a change & could if executed correctly, finally get some real action against these sharks - I am willing to proceed with this with enough positive support as I cant believe they can continue to operate so brazenly as they do!

Well thats my story (& part rant) sad but true - so far to date. It's been one hell of week but I dont feel alone anymore.

Coming on to LegalBeagles and reading so many other threads, not just about Blemain, has really inspired me, kept me sane.

So thank you for reading this, I am really pleased to have found this site and see people supporting and helping each other in all that you do.

Many thanks as a new member, peace.

BL
:beagle:

[Inca]

Re: Howdy & saying high to everyone, here is my story sad but true & looking2 share (

This exactly the right place for you to seek advice BL altho not from me,I'm a learner too,,but I'm sure one of the fab people on here will be here shortly to guide you brilliantly and they are nice too

[Blue Lagoon]

Re: Howdy & saying high to everyone, here is my story sad but true & looking2 share (

Hi Inca,

thanks for your kind response, as your aware its quite a solitary experience dealing with these companies and trying to help a loved one, no one else really understands what it is like so its refreshing to be able to openly discuss and debated these issues here with like minded folk - thanks BL

[Bill-K]

Re: Howdy & saying high to everyone, here is my story sad but true & looking2 share (

Howdy pardner - and welcome to you, BL !!! As Inca says - and I guess you have discovered for yourself - there are peeps here who have similar experiences with these sub-prime lenders (for want of a more appropriate term) - and they can help. We pool our knowledge and resources, and it enables us to take these shysters on.

Every so often, someone like yourself comes along. Someone who has taken the bull by the horns, and forced it to the ground. Well done, that man, say I !!! Your experiences - and research - thus far seem to have yielded some positive results. Let's hope we can assist you in furthering this - and perhaps learn from you, too.

[Blue Lagoon]

Re: Howdy & saying high to everyone, here is my story sad but true & looking2 share (

Hi Bill, thanks for you for support, it means a lot, I am going in hard ball at the moment and all guns blazing, as thats how they operate and they really dont like it if you fight back, I may be handling it wrong or making mistakes & have exposed my hand to them so far, but I am using tact and diplomacy and trying not to get emotionally involved, although I am angry and outraged at how they railroad and treat everyone, its seems such an injustice. I know they gonna use every dirty trick to wear me down and try knock the fight out of me and they are pushing for a very quick eviction to get me off the scene, but I have nothing to loose at the moment and everything to gain and thats spurring me on & reading this forum. So I am gonna try and stick it to the man!! :tinysmile_grin_t: What ever the out come of this is...if others can learn from this and I can learn from others, then its all worthwile - Cheers BL

[Bill-K]

Re: Howdy & saying high to everyone, here is my story sad but true & looking2 share (

We each have our own 'styles,' and there is usually no single sure-fire method of resolving these problems. We argue with each other here - sometimes very passionately - but that is exactly what a forum is all about. In the end we are all seeking truth and justice - and our unity in that is our strength, I believe.

I agree that we need to let these cretins know that they have now hit a brick wall - but that becomes apparent to them eventually, anyway !!! My own preferred method is to play the innocent victim (their preferred prey) - and give them a shovel, a pot of paint, and as much rope as they need. " Softly, softly - catchee monkey " - as they say. Let them spin their yarns, and GET IT IN WRITING. There will come a time when you can turn on them and push them into the hole they have dug.

[Bill-K]

Re: Howdy & saying high to everyone, here is my story sad but true & looking2 share (

Further to previous - I'm more of a PPI guy (Payment Protection Insurance), so I will bow to the advice of others when it comes. But I reckon the first priority here is to get the threat of eviction lifted and sorted. Your dear ol' Mum doesn't need that kind of grief, does she ? This kind of financial terrorism needs to be stopped ASAP.

It may be of interest to you that there is a group of guys here who are meeting with the Ministry of Justice on a somewhat regular basis to discuss these matters. And our own Primary Site Admin, Celestine, has been involved in Parliamentary discussions on this, too.

As they say - "You are not alone."

[miliitant]

Re: Howdy & saying high to everyone, here is my story sad but true & looking2 share (

Blemain Finance v Bentley

A debtor has secured a five-year block on repossession in a claims management case against his lender, after using consumer credit law to challenge his secured loan
agreement.

Peter Bentley, of Bridgend, Cardiff, used the meaning of unfair relationships under Section 140A of the Consumer Credit Act (CCA) 1974 to claim that his loan contract with Blemain Finance was an unfair one. Blemain also agreed to charge no further interest on the £40,000 loan and cut his repayments from £550 to £150 a month.

At the High Court in Cardiff, Judge Milwyn Jarman also prevented the lender from levying any charges or legal costs "whatsoever." The judge barred Blemain for enforcing repayment via repossession for five years, but even after this period, it can only bring repossession proceedings if there are at least 12 months? arrears on the new level of payments.

Bentley's lawyers, Consumer Credit Litigation Solicitors (CCLS), successfully argued that Blemain had loaned the money to Bentley irresponsibly and that the agreement took advantage of his desperate situation. CCLS argued that shortcomings in the decision making procedure on granting the loan, such as in the under writing, affordability checks and valuation processes, led to the credit agreement being unfair.

Andrew Settle, solicitor for CCLS, said: "The relationship between the parties was an unfair one within the meaning of Section 140A of the CCA 1974. CCLS is utilising a significant number of legal arguments, like those used on behalf of Mr Bentley, in thousands of cases on behalf of our clients." CCLS successfully demanded to have the loan account re written, which is believed to be the first time a loan account has been rewritten under settlement, as a result of the unfair relationships test.

[TUTTSI]

Re: Howdy & saying high to everyone, here is my story sad but true & looking2 share (

Do we have the actual case from the courts to post up as this is a victory for the defendant and can be used in all Blemain cases in court quoting Blemain Finance v Bentley as it was a high court judgement. I found these articles http://www.credittoday.co.uk/article...n-repossession and http://nearlylegal.co.uk/blog/2009/1...me-settlement/

Also, any charges that Blemain have charged are probably well over the top, do you or your mum know how much Blemain have charged her in charges as these may also be deemed as unfair and may well get reduced by the FOS and a refund may well be due.

If your mum is not aware of the charges or if PPI has been added to her loan you will need to send an SAR (Subject Access Request) to Blemain requesting all the information on your mums account with them. If you need to do this I have a very good SAR and would be very happy to post it up here for you.

Also, have Blemain charged your mum PPI within the agreement?

Blemain Finance v Bentley

A debtor has secured a five-year block on repossession in a claims management case against his lender, after using consumer credit law to challenge his secured loan
agreement.

Peter Bentley, of Bridgend, Cardiff, used the meaning of unfair relationships under Section 140A of the Consumer Credit Act (CCA) 1974 to claim that his loan contract with Blemain Finance was an unfair one. Blemain also agreed to charge no further interest on the £40,000 loan and cut his repayments from £550 to £150 a month.

At the High Court in Cardiff, Judge Milwyn Jarman also prevented the lender from levying any charges or legal costs "whatsoever." The judge barred Blemain for enforcing repayment via repossession for five years, but even after this period, it can only bring repossession proceedings if there are at least 12 months? arrears on the new level of payments.

Bentley's lawyers, Consumer Credit Litigation Solicitors (CCLS), successfully argued that Blemain had loaned the money to Bentley irresponsibly and that the agreement took advantage of his desperate situation. CCLS argued that shortcomings in the decision making procedure on granting the loan, such as in the under writing, affordability checks and valuation processes, led to the credit agreement being unfair.

Andrew Settle, solicitor for CCLS, said: "The relationship between the parties was an unfair one within the meaning of Section 140A of the CCA 1974. CCLS is utilising a significant number of legal arguments, like those used on behalf of Mr Bentley, in thousands of cases on behalf of our clients." CCLS successfully demanded to have the loan account re written, which is believed to be the first time a loan account has been rewritten under settlement, as a result of the unfair relationships test.

[bluebottle]

Re: Howdy & saying high to everyone, here is my story sad but true & looking2 share (

Hi BL and welcome. I am a retired policeman. If there is anything of a criminal nature or which looks like it might be of a criminal nature, I am happy to look at it for you.

[Celestine]

Re: Howdy & saying high to everyone, here is my story sad but true & looking2 share (

http://www.oft.gov.uk/shared_oft/rep...t/oft1150d.pdf

some very interesting reports on the Blemain v Bentley case and others.....

[miliitant]

Re: Howdy & saying high to everyone, here is my story sad but true & looking2 share (

hats off celestine

some great case law in that link

i have booked marked them

[Blue Lagoon]

Re: Howdy & saying high to everyone, here is my story sad but true & looking2 share (

Hi all, thanks for all your correspondence will really help, I had written a very detailed response stating all the information I had to date on the agreement, what I had uncovered etc with a nice little response to you all, unfortunately it didn't post, deleted and I had not saved anywhere else, gutted as took me an hour to get all together....I have to pop out now, will try and re post later - thanks everyone BL
:beagle:

[Inca]

Re: Howdy & saying high to everyone, here is my story sad but true & looking2 share (

Just gotta say,,totally irrelevant,,but just how brilliant is the word 'shysters' My old Dad used to say it,,and 'gobs**tes',,sorry,,made me chuckle

[Bill-K]

Re: Howdy & saying high to everyone, here is my story sad but true & looking2 share (

Brilliant caselaw, Militant.

...unfortunately it didn't post, deleted and I had not saved anywhere else, gutted as took me an hour to get all together....

I reckon most of us have done that, too, BL. Always infuriating, and we lose our enthusiasm second time around !!!

'shysters'..and 'gobs**tes'

LOL - I must look up the origins of that word - but 'g0b$h1tes' is self-explanatory, and I often have to wear that badge myself !!!