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Unfair relationship - second charge lender

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  • #46
    Re: Unfair relationship

    Hi guys,

    Im in the same boat as many of you and blemain bandits are not being helpful. I currently have a suspended possessions order which has been ongoing for approx 12 months +. My agreement’s are regulated by the cca 1974. I have done a SAR and they only sent me basic information. I have requested for the commission sheet which they are refusing to send and say its not considered as 'personal data' under the SAR request. I will send them a final letter before action under the provisions of Data protection Act,CCA 1974 and OFT guidance for brokers and lenders. Any advice before i send them the letter would be appreciated as i feel commission was paid to the broker and not disclosed to me.

    I have added my agreement minus my personal information for others to view and help with my concerns which are as follows:

    1- I have PPI added to the loan and was self employed at the time and was led to believe by having the PPI would increase my chances of obtaining the credit even when no benefit to my self employed status. The PPI was added to the sum of the loan and monthly interest charged. I believe this was missold and I can claim this back but would i also claim the interest incurred? loan amount was £10000 and ppi £1512 total loan £11512 at a variable interest rate of 9.8% which is curently at 10.4%.

    2- Within the key financial information the
    (a) interest rate is not documented and only the APR, which is different for the main loan 10.9% ppi loan 10.3% and total loan 10.8%?
    (b) Does the interest rate also need to be within the key financial information or is it sufficient to be within the agreement but under other financial information?
    (c) the interest rate is stated as variable to reflect the changes in the market and had changed once from 9.8% to 10.8% in 2007. If this is variable should it not also go down when the interest rate its offset against goes down be it libor/boe? It seems, as the libor/boe rates have gone down blemain have upped their rates to maintain the 10.8% which they have been charging me since 2007.

    3- under other financial information it states the brokers fee as £0, i think a secret commission may have been paid here as the broker was a third party.

    4- under other financial information it states loan processing fee of £250
    (a) This amount was added to the loan but is not stated within the total loan amount in key financial information
    (b) with the addition of this amount to the loan i have incurred interest which is not stipulated within the agreement bearing in mind interest for the main loan and ppi are stipulated.

    5- I have been charged over £5000 buildings insurance since start of the loan in 2006 which is not stated in this agreement as this is a secured loan. I was charged buildings insurance approx after six months of the agreement till date. How would i argue these charges against these bandits. I undersand they have some t/c's for the buildings insurance but how can they be enforced if they are not within the main agreement?

    6- I also have unfair extortionate charges for late and missed payment ranging from £30-£46 and plus agent visits of £100 which never happened. I would be looking to claim these back,

    7- Under the heading your rights, Its says i should have recieved a copy of this atleast seven days prior to this agreement which i did not. I recieved a copy of this at the same time of the agreement.

    The list can go on but would be keeping it brief for the time being. I believe their are many of us in the same boat and we should get our heads together to fight the financial crimes they are subjecting to us and to maybe even start campaigns to warn others of their actions. I would appreciate every little help on the matters and for those with a sharp eye is their anything within the agreement that ive missed?
    Attached Files

    Comment


    • #47
      Re: Unfair relationship

      I have sued Blemain for non return of PPI cancelled during cooling off period. They have applied to have the claim struck out. There is a hearing end of March. I am confident they wont get it but will keep you informed

      Comment


      • #48
        Re: Unfair relationship

        I have unravelled so many issues with the loan that it has now been fast tracked by the FOS and is firmly sitting in their hands.

        Comment


        • #49
          Re: Unfair relationship

          Hi Figaro 123
           
          Can you tell me the answers to the following questions, the reason is that any advice given would depend on knowing the answers th the questions.
           
          1 is your loan regulated or unregulated
          2 how much is it for
          3 when was it taken out (year and month)
          4 how much is it for
          5 do you have a suspended possession order from the court
          6 is your loan a first charge or second charge on your house.
          7 is this loan a commercial loan (used for business)

          wp
           
           
           
           
           

          Comment


          • #50
            Re: Unfair relationship

            Hi figaro....any tips on how to get the underwriting sheet from Blemain please?

            I have tried for years and have many letters from them advising that I am not entitled to this as part of my Data Request. I have done a couple of CPR requests and still they never complied and I never took it further.

            As I am in proceedings with them currently I would like any help or tips on how to get this from them?

            Comment


            • #51
              Re: Unfair relationship

              Can anyone let me know whether it is 'right' for the brokers fee to be added to the full credit of the loan? EG. Loan 50K plus 1.5K brokers fee so total amount to be used for interest rates purposes is 51.5K

              Comment


              • #52
                Re: Unfair relationship

                Blemains application to strike out has been denied

                Comment


                • #53
                  Re: Unfair relationship

                  Very good news to hear.....well done for getting through that figaro.

                  Comment


                  • #54
                    Re: Unfair relationship

                    I started legal proceedings against Blemain Finance for not returning my PPI when i cancelled it during the cooling off period (within 30 days). They applied for the claim to be struck out, but the judge would not have it, he said my claim has merit so it will be going to a hearing. I will let you all know what happens next.

                    Comment


                    • #55
                      Re: Unfair relationship

                      I have received the defence from blemain and they are counterclaiming. I have done a reply to the defence and defended the counterclaim. I shall keep you posted. I am very confident of a win

                      Comment


                      • #56
                        Re: Unfair relationship

                        Has anyone come across a barrister by the name of Alexia Knight, that at times represents Blemain Finance

                        Comment


                        • #57
                          Re: Unfair relationship

                          no,cant say i have, why?
                          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                          If you need to contact me please email me on Pt@roachpittis.co.uk .

                          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                          You can also follow my blog on consumer credit here.

                          Comment


                          • #58
                            Re: Unfair relationship

                            Originally posted by figaro123 View Post
                            Has anyone come across a barrister by the name of Alexia Knight, that at times represents Blemain Finance
                            Is this the one maybe?

                            http://www.3vb.com/barristers-Alexia-Knight.html

                            Comment


                            • #59
                              Re: Unfair relationship

                              Thats the one

                              Comment


                              • #60
                                Re: Unfair relationship

                                Now received the allocation questionaire

                                Comment

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