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Blemain Finance

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  • lindybee
    replied
    Re: Blemain Finance

    Originally posted by lindybee View Post
    Things are often boring when you're a Clever clogs! he he he!
    But for blonde, senile old bags like me any information is welcomed!:tung:
    L
    So here's an update: my the response to the offer I've had so far and where I'm at. As usual any and all feed-back welcome!
    I sent in a half page letter of complaint and received back 4 pages of a long winded reply, basically saying Blemain had done no wrong and I had agreed to everything, plus several other pages which were just copies of things I already had! (Note how polite and restrained I've been but that's just part of the agenda given to me by the solicitors)


    Dear XXXXXXXX,
    Thank you for your response to my complaint and for explaining your understanding of the situation.
    I can confirm that the complaints link on the Blemain Finance web-site was active on previous occasions that I accessed the web-site, and is active again now, however at that time when I wished to access it, there was a notification/warning that Blemain had become aware that there was another company posing as themselves, and at that time I could find no customer service links, hence my use of a letter format.

    I note that you point out that Blemain do not sell buildings insurance, however I have a letter from themselves sent out to me with a special insurance offer from “Reich Insurance” offering a discount valid until 31st Jan 2011 which would suggest to me that Blemain may be actively promoting this company. I welcome your response and also the role which Blemain play in this, plus any benefits which Blemain may gain.

    You state that the cover provide by Blemain’s insurers is not to cover the cost of rebuilding the property nor its contents, but covers Blemain’s interest solely in the event that the property was destroyed. Clearly then, surely this is not buildings insurance but protection insurance for Blemain therefore should be named as such? In addition as Blemain already have a charge on my home, the loan is for a fraction of the actual value, plus there is almost 50% positive equity on the property, I still fail to see why the cost of this is so high, and challenge these costs.
    I note your comment that the price for this has recently been reduced due to Blemain finding an alternative more cost effective supplier, but that Blemain are unable to claw back any previously high costs. As insurance costs in general have risen considerably in recent years rather than falling, this to me suggests that in the past Blemain have not sought best value for money and in turn customers such as myself have been penalised through no fault of our own.

    I remain very concerned that Blemain do not appear to have received the insurance documentation which was faxed directly to the number given on the letter re PROPERTY INSURANCE by my insurers.
    I am also unhappy about the confusing advice given to me during my telephone calls, plus that only letters sent by recorded delivery appear to initiate any direct response from Blemain. Hence my recent decision only to make contact in this format, rather than by phone or e-mail.
    Also as stated in my telephone call to XXXX at 5.30p.m. on 16/02/2011, I was unaware that a photocopy of the insurance renewal documentation was acceptable, as previously I had been told that it must be the original policy document, which only my 1st Mortgage lender and insurance company (both XXXXX) hold, I only had copies of the renewal reminders and confirmation letters of the renewals.
    It was only after speaking to XXXX and her confirmation that a copy would be acceptable that I understood that a copy of the annual renewal details were acceptable to Blemain. As Blemain hold second charge, each year I need to confirm on my annual renewal that this is again to be included.
    I have become aware since coming into contact with many other Blemain customers, that they too have had similar problems so may I respectfully suggest that it would be very helpful to both Blemain and their customers if this was made more clear in future?

    I note that you have seen that I have raised concerns in the past, but not in 2010. This was entirely due to personal and family reasons (the death of my mother and my ill-health over several months) which obviously took precedence. I trust that you can be sensitive to this.

    I took out the loan with Blemain to fund the costs of my mother’s care as I am an only child and live 250 miles away from where she lived, so was unable to personally give her the support and care she needed in the years before her death. The combination of her death and my reduced balance on my first mortgage, now means I am in a position to fully redeem my loan with Blemain. My bank and mortgage lender (XXXXX) have recently instructed their solicitors to deal directly with Blemain in doing so and I have received confirmation that this is now in progress.
    Speaking personally and totally frankly, this day can never come soon enough, as from the out-set I have found Blemain to be the most confusing and frustrating company that I have ever encountered to date, and I am aware that I am by no means alone in this view.

    I am currently awaiting a response to the SDAR request which I made after taking advice from my financial advisor. The dead-line for this to be received by me is in the next few days.
    I note your offer of refunded charges which does go some way towards addressing my complaint. However before making a final decision I have been advised to wait until I receive the SDAR documents before making a final decision.
    I trust that this will not in any way negate your current refund offer, and also please be aware that as the loan redemption is already underway, any subsequent refund should not be made directly to my account with Blemain but sent to me directly either as a cheque or credit to my bank account.
    I note that no dead-line date was attached to the offer made.
















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  • lindybee
    replied
    Re: Blemain Finance

    Originally posted by CleverClogs View Post
    Boring
    Things are often boring when you're a Clever clogs! he he he!
    But for blonde, senile old bags like me any information is welcomed!:tung:
    L

    Leave a comment:


  • lindybee
    replied
    Re: Blemain Finance

    Originally posted by killerschick View Post
    Hi All,

    I'm not normally one to post on this forum although I've been registered for a while, so please be kind I have a little knowledge of the Consumer Credit Act 1974 (CCA) & the revisions brought in by the Consumer Credit Act 2006 (CCA 2006) and have researched the issue of the upper limit for regulated credit agreements in the past so here goes.

    When the CCA was passed section 8 read as follows:

    8 Consumer credit agreements
    (1)A personal credit agreement is an agreement between an individual (" the debtor") and any other person (" the creditor ") by which the creditor provides the debtor with credit of any amount.
    (2)A consumer credit agreement is a personal credit agreement by which the creditor provides the debtor with credit not exceeding £5,000.
    (3)A consumer credit agreement is a regulated agreement within the meaning of this Act if it is not an agreement (an " exempt agreement ") specified in or under section 16.

    So when the CCA first came into force agreements of more than £5000 were not regulated - logical when considered in relation to the cost of a house etc at the time. In time inflation devalued the pound and the limit of £5000 became outdated with the number of agreements falling outside of CCA regulation increasing so the limit was revised. The Consumer Credit (Increase of Monetary Limits) Order 1983 was made on 16th December 1983, and increased the upper limit for regulated agreements to £15,000 with effect from 20th May 1985. Obviously inflation continued and in time a further revision of the limit was required, The Consumer Credit (Increase of Monetary Limits) (Amendment) Order 1998 was made on 31st March 1998 and came into force on 1st May 1998, it increased the upper limit for regulated agreements to £25,000.

    The £25,000 upper limit remained in force until the Consumer Credit Act 2006 (CCA 2006) was brought into force. Section 2 of the CCA 2006 read as follows:-

    2 Removal of financial limits etc.
    (1)In section 8 of the 1974 Act (which defines consumer credit agreements)—
    (a)in subsection (1) for “personal” substitute “ consumer ”;
    (b)subsection (2) shall cease to have effect.
    (2)In section 15(1) of that Act (which defines consumer hire agreements) paragraph (c) and the “and” immediately preceding it shall cease to have effect.
    (3)In section 43(3) of that Act (financial and other limits relating to regulation of advertisements) paragraph (a) and the “or” immediately after it shall cease to have effect.

    This section of the Act was brought into force on 6th April 2008 by way of The Consumer Credit Act 2006 (Commencement No. 4 and Transitional Provisions) Order 2008 which was made on 20th March 2008. Therefore, since 6th April 2008 consumer credit agreements of any size have been regulated. There are still some exemptions which may be applied in certain circumstances such as agreements of over £25,000 for business purposes and those involving high net worth individuals. I won't go into any more detail on the exemptions as it seems most of the problems raised in relation to second charge mortgages involve agreements of over £25,000 taken out prior to 6th April 2008. As Sparkie rightly points out, the removal of the limit was not retrospective and it is only loans of over £25,000 taken out since 6th April 2008 that are regulated and S140 applies to consumer credit agreements which were unregulated due to their size and is therefore particularly useful in relation to secured loans as they are likely to be larger than unsecured.

    I'm looking into the point about the circumstances of when a lender is required to supply statements of account and what those statements must contain.


    KC
    Apologies for the time in responding to this, for some reason I didn't get an e-mail notification of this post, grrrr!
    Ah well!!!.... that will be why Blemain were so quick to point out that the FOS may be unable to help me. I fall slap bang in the middle of all these regulations!
    I took out my £14000 secured loan in March 2008. It only comes under the CCA but nothing else. However things are moving slowly on, now my (VERY UNHAPPY) 1st lender has stepped in and handed it over to their solicitors to act for me. (My 1st lender is also my bank and I have legal costs cover as part of the benefits for holding my account)
    Blemain have finally responded to my complaint re buildings insurance and associated charges and made an offer of a part refund. I still have had no response to the SDAR request and will not make any decisions until I receive this.
    Up-date to follow: I'll post my response to their reply to my complaint.
    L

    Leave a comment:


  • killerschick
    replied
    Re: Blemain Finance

    Hi All,

    I'm not normally one to post on this forum although I've been registered for a while, so please be kind I have a little knowledge of the Consumer Credit Act 1974 (CCA) & the revisions brought in by the Consumer Credit Act 2006 (CCA 2006) and have researched the issue of the upper limit for regulated credit agreements in the past so here goes.

    When the CCA was passed section 8 read as follows:

    8 Consumer credit agreements
    (1)A personal credit agreement is an agreement between an individual (" the debtor") and any other person (" the creditor ") by which the creditor provides the debtor with credit of any amount.
    (2)A consumer credit agreement is a personal credit agreement by which the creditor provides the debtor with credit not exceeding £5,000.
    (3)A consumer credit agreement is a regulated agreement within the meaning of this Act if it is not an agreement (an " exempt agreement ") specified in or under section 16.

    So when the CCA first came into force agreements of more than £5000 were not regulated - logical when considered in relation to the cost of a house etc at the time. In time inflation devalued the pound and the limit of £5000 became outdated with the number of agreements falling outside of CCA regulation increasing so the limit was revised. The Consumer Credit (Increase of Monetary Limits) Order 1983 was made on 16th December 1983, and increased the upper limit for regulated agreements to £15,000 with effect from 20th May 1985. Obviously inflation continued and in time a further revision of the limit was required, The Consumer Credit (Increase of Monetary Limits) (Amendment) Order 1998 was made on 31st March 1998 and came into force on 1st May 1998, it increased the upper limit for regulated agreements to £25,000.

    The £25,000 upper limit remained in force until the Consumer Credit Act 2006 (CCA 2006) was brought into force. Section 2 of the CCA 2006 read as follows:-

    2 Removal of financial limits etc.
    (1)In section 8 of the 1974 Act (which defines consumer credit agreements)—
    (a)in subsection (1) for “personal” substitute “ consumer ”;
    (b)subsection (2) shall cease to have effect.
    (2)In section 15(1) of that Act (which defines consumer hire agreements) paragraph (c) and the “and” immediately preceding it shall cease to have effect.
    (3)In section 43(3) of that Act (financial and other limits relating to regulation of advertisements) paragraph (a) and the “or” immediately after it shall cease to have effect.

    This section of the Act was brought into force on 6th April 2008 by way of The Consumer Credit Act 2006 (Commencement No. 4 and Transitional Provisions) Order 2008 which was made on 20th March 2008. Therefore, since 6th April 2008 consumer credit agreements of any size have been regulated. There are still some exemptions which may be applied in certain circumstances such as agreements of over £25,000 for business purposes and those involving high net worth individuals. I won't go into any more detail on the exemptions as it seems most of the problems raised in relation to second charge mortgages involve agreements of over £25,000 taken out prior to 6th April 2008. As Sparkie rightly points out, the removal of the limit was not retrospective and it is only loans of over £25,000 taken out since 6th April 2008 that are regulated and S140 applies to consumer credit agreements which were unregulated due to their size and is therefore particularly useful in relation to secured loans as they are likely to be larger than unsecured.

    I'm looking into the point about the circumstances of when a lender is required to supply statements of account and what those statements must contain.


    KC

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Re: Blemain Finance

    Originally posted by CleverClogs View Post
    Boring
    Hi

    Yes facts often are. As an asside section 75 does only apply to regulated agreements, i think.

    Peter

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Re: Blemain Finance

    Boring

    Leave a comment:


  • Amy
    replied
    Re: Blemain Finance

    Section 75 has nothing to do with whether or not the credit is regulated.

    Leave a comment:


  • Sparkie1723
    replied
    Re: Blemain Finance

    Originally posted by Garlok View Post
    It certainly used to have an upper limit of £25000 CC, but that was changed in one of the various amendments or amendments to SI regulations I believe. I can't say where as it does not apply in our cases and I have not followed it up in detail. Hence I don't know about the upper limit at this time.

    regards
    Garlok

    As of April 6th 2008 under the new amendments to the 1974 Act the limit of £25.000 hs been lifted...for ALL NEW LOANS ....there is now no limit all Consumer credit loans made after that date are regulated by the New Act.

    How ever all old agreements made before that date are subject to the limit of £25.000 and remain unregulated....... the only section that applies to all agreements is Section 140 The Unfair Relationship and has done since April 2006 ........ and as from 8th October 2008 the necessity for the lender to supply a full and proper statement of account

    Failure to do that and the lender cannot take enforcement action until he does supply that statement.


    Sparkie

    Hope this helps

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Re: Blemain Finance

    Originally posted by Amy View Post
    I don't think...


    why would you have posted what you did.
    Citing the upper limit of £30,000 per single item in section 75 seemed an effective argument against the idea that:
    Originally posted by gallahad View Post
    if your loan is over £25 k it cannot be regulated.
    ... as it becomes immediately obvious that, if there is any upper limit for a regulated agreement, it must exceed £30,000.

    Leave a comment:


  • Amy
    replied
    Re: Blemain Finance

    Originally posted by CleverClogs View Post
    Thank you, Amy; I already knew to what section 75 refers.
    Really? I don't think so or why would you have posted what you did.

    Leave a comment:


  • Garlok
    replied
    Re: Blemain Finance

    It certainly used to have an upper limit of £25000 CC, but that was changed in one of the various amendments or amendments to SI regulations I believe. I can't say where as it does not apply in our cases and I have not followed it up in detail. Hence I don't know about the upper limit at this time.

    regards
    Garlok

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Re: Blemain Finance

    Thank you, Amy; I already knew to what section 75 refers.

    Perhaps you could find something in the Consumer Credit Act 1974 which might place an upper limit on regulated credit agreements, so that agreements over that limit would not be regulated. I doubt that such a limit exists, but it's possible that it might.

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  • Amy
    replied
    Re: Blemain Finance

    You might like to have a read here, post#2 for details on what s.75 actually relates to New Member Advice - Legal Beagles Consumer Forum

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Re: Blemain Finance

    Originally posted by gallahad View Post
    I believe taht if your loan is over £25 k it cannot be regulated.
    Really?

    Then how do you suppose section 75 of the Consumer Credit Act 1974 (as amended) - link - might apply to credit, loans and so on for single items costing between £100 and £30,000?

    Leave a comment:


  • lindybee
    replied
    Re: Blemain Finance

    Originally posted by Sparkie1723 View Post
    Hi lindybee,
    Once they have cashed the cheque They have 40 days from the day of receipt of the SDAR not from the date of cashing the cheque....if they do not comply bwith the 40days they will be in breach of the Data Protection Act 1998.

    What some lenders try is to bluff you and say ...we never cashed the cheue untill so and so date so the timescale starst from then......WWWWRRONGGGGG!!! starts from the day they received it...the cashing of the cheque is the start of the instruction to comply.

    Sparkie
    ------------------------------- merged -------------------------------



    HIya G,

    I think the loan was for £16000...BUT it was a secured reguated one is that correct lindybee??
    Sparkie
    I just wanted to borrow £14,000 but with the additional cots it grew like Topsy!
    Yes its a secured, regulated loan.
    My bank who are also my 1st mortgage lender are most unhappy about the so called "debt advisory service" not suggesting that I contact them first. I took it on trust that a "Govermnent debt reduction initiative" would be acting in my best interests. Blemain was the only loan for debt consolidation offered to me, The only loan term offered was over 240 months, and also at a time when I was due to retire in the next 3 years.

    Leave a comment:

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