Sorry it's the dreaded Blemain Finance again

[Ebony Princess]

I have recently received a court date for Blemain Finance to repossess my property. Without going into too much detail (as I know they check these forums), I basically took out a loan for £8000, made all the payments (albeit a couple were late) and now they are demanding £2000.

This is apparently made up of building insurance - this is the first time I'm hearing of it, costs and fees -what costs? What fees? I have had no breakdown of them) and an outstanding balance - how can there be an outstanding balance when I have made all the payments. I have a court date early next year but am not quite sure how to proceed, so if anyone can offer any advice, I would be very grateful.

[lachiemhor]

Re: Sorry it's the dreaded Blemain Finance again

Your loan falls with in Cu=onsumer Creit Act. You need to make a SAR (Subject Access request asking for details of your account. Blemain have a cluase in their contratc which states that your must have Buildings insurance and that thye are named on the policy. IF not they will charge a huge premium. If you are unsure of what to do, my best advice would be to go to Citizens Advice or contact www.stephensons.co.uk who are a firm of Solicitors experienced in Housing matters and dealing with Blemain. There are several people on this forum who hav usd them and thye have been able to help.

[figaro123]

Re: Sorry it's the dreaded Blemain Finance again

To be honest I tried ringing stephensons about my problem with Blemain Finance, and they were charging me a fee just to talk to me on the phone

[alham]

Re: Sorry it's the dreaded Blemain Finance again

Your loan falls with in Cu=onsumer Creit Act. You need to make a SAR (Subject Access request asking for details of your account. Blemain have a cluase in their contratc which states that your must have Buildings insurance and that thye are named on the policy. IF not they will charge a huge premium. FOR what exactly and how would they know that they were not on the policy? If you are unsure of what to do, my best advice would be to go to Citizens Advice or contact www.stephensons.co.uk who are a firm of Solicitors experienced in Housing matters and dealing with Blemain. There are several people on this forum who hav usd them and thye have been able to help.

Do a SAR whilst make sure that you lodge an acknowledgement form with court (14 days from receipt of the claim). Your defence, to be lodged 28 days after receipt of the Claim and, unless SAR has been complied with, should state that your borrowings have been repaid and as far as you were concerned all relationship with the claimant ceased with the last payment.

[suffering]

Re: Sorry it's the dreaded Blemain Finance again

as already sugested request all the information Blemain hold on you (SAR) enclose a cheque for £10 they will take thier time and send you about half of what they should. Also seperatley request a full and complete statment and clear breakdown of your account, tell them you require this as they have failed as a resposable lender to keep you informed. tell them you require this within 10 days if they do not send it with in your 10 day period it can be used against them. write down every little thing you can think of that you feel has been unfair remember from now on you are building your case / defence / counterclaim. Do not use the phone at all as a form of contact. get advice from citizens Advice or a free consultation from a local solicitor. when you have built up your defence complain to The Financial Ombudsman. This again can be used to suggest that the account is in dispute.
p.s you will find that some of the charges relate to their new "add on's" solicitor fee's etc (Cantor law by any chance their in house solicitors) Relax, they want you to panic, fight back they don't like it, good luck

[Ebony Princess]

Re: Sorry it's the dreaded Blemain Finance again

Thanks for the advice. I have already logged a complaint with the FOS and they gave Blemain 8 weeks to reply which they have not.

I also received a letter from my local authority saying that they have received a letter regarding a notice that proceedings for possession where taking place and advising me to come in so I can discuss my housing options with them when I get evicted. I am sure Blemain are behind this. To me, it's a form of indirect harrassment. Is it normal procedure for a lender to inform the council of impending possession procedures? I am sure Blemain don't care where I live if they get repossession. Why so caring now?? I think they are just trying to scare me.

[figaro123]

Re: Sorry it's the dreaded Blemain Finance again

shouldnt the letter to the local authority be a violation of the data protection act

[suffering]

Re: Sorry it's the dreaded Blemain Finance again

Blemain / Lanc. Mortgage Corporation important information required (sorry to hi-jack your thread E.p.)does anybody know of anyone that took out a loan for a new build with this company during 2010 /2011 if you do not want to make yourself known you can send me a private message by clicking on my profile name Suffering then click private message

[figaro123]

Re: Sorry it's the dreaded Blemain Finance again

Princess hows it going

[Ebony Princess]

Re: Sorry it's the dreaded Blemain Finance again

Still at a stalemate unfortunately.

What's happened since the last post is that the matter went to court and the judge was appalled that this company were trying to gain possession of a property for such a small amount and refused to grant them possession. Instead the judge asked that I file a fully pleaded defence on or before 12 March 2013 and that the claimant file and serve a reply on or before 26 March 2013.

I filed the defence and then on 15 March 2013 I received a letter from the claimant's solicitors saying that they have been instructed to vacate the court proceedings. I called the court to find out why and they said because an agreement had been reached. No agreement between us has ever been reached. I have had a solicitor look over the loan agreement and she said that according to the terms therein, that I should pay £399.00 which I offered to them and they refused.

My problem now is that they are still continuing to demand payment from me. I am still willing to go to court to get the matter sorted but they have told me that "it is not worth their while". They are refusing to relist the matter and have said that if I want to sort it out, I should take them to court. They are now calling me once a week to trying to find out what I am going to do.

The court, in the meantime, have confirmed “that on the 18 March 2013 the court received a letter from the claimant requesting that they wish to withdraw all proceedings. This means that the case is now closed. Please note that you will have to seek legal advice if you are going to issue proceedings against the claimant".

Does anyone have any thoughts on this?

[figaro123]

Re: Sorry it's the dreaded Blemain Finance again

When was the loan taken out. If they have backed down they have good reason to. Request an SAR because u might be able to go for an unfair relationship. Did you take out PPI

[Ebony Princess]

Re: Sorry it's the dreaded Blemain Finance again

The loan was taken out in 2007 and paid off in 2012. I have already received a SAR from them and no I did not take out PPI.

[IanM]

Re: Sorry it's the dreaded Blemain Finance again

Still at a stalemate unfortunately.

What's happened since the last post is that the matter went to court and the judge was appalled that this company were trying to gain possession of a property for such a small amount and refused to grant them possession. Instead the judge asked that I file a fully pleaded defence on or before 12 March 2013 and that the claimant file and serve a reply on or before 26 March 2013.

I filed the defence and then on 15 March 2013 I received a letter from the claimant's solicitors saying that they have been instructed to vacate the court proceedings. I called the court to find out why and they said because an agreement had been reached. No agreement between us has ever been reached. I have had a solicitor look over the loan agreement and she said that according to the terms therein, that I should pay £399.00 which I offered to them and they refused.

My problem now is that they are still continuing to demand payment from me. I am still willing to go to court to get the matter sorted but they have told me that "it is not worth their while". They are refusing to relist the matter and have said that if I want to sort it out, I should take them to court. They are now calling me once a week to trying to find out what I am going to do.

The court, in the meantime, have confirmed “that on the 18 March 2013 the court received a letter from the claimant requesting that they wish to withdraw all proceedings. This means that the case is now closed. Please note that you will have to seek legal advice if you are going to issue proceedings against the claimant".

Does anyone have any thoughts on this?

If they have withdrawn all legal proceedings then it would seem that they do not have a legal leg to stand on in court and knew the judge would not repossess your property.

It is not 'worth their while' going back to court as they know they will get thrown out again OR they know they have broken the law in some way which is why they are calling you to find out what you are going to do.

Have a look at all your paperwork, have they sent you ALL the information you requested in the SAR?

If they are still demanding payment from you then politely tell them to stop phoning you because you will only communicate with them in writing and you are disputing the amount they are trying to claim until they provide you with a full statement of account from the beginning of the loan.

The building insurance would have been added periodically as it was due and this will show on the annual statements they send you, along with a letter around the same time notifying you that they have charged you £xxx for buildings insurance so have a look for these.

All these charges will have been included in the redemption figure when the loan was paid off.

The court may have actually hinted that they know there is something the claimant has done wrong and are discreetly advising you to seek legal advice and claim against the claimant without actually telling you what to look for.

Have another look at everything you have got.

[welshperson]

Re: Sorry it's the dreaded Blemain Finance again

Read up and understand what needs to be done first, and then consider doing the following.

1 you put an application in to the court
2 on the court form is asks you what you are asking the court to do
3 you ask the court to make a judgment on what if anything is owed under your agreement,
4 you ask the court to order blemain to remove the charge they have on your property
5 should blemain say you owe us £xxxx because term xx of our agreement says we can charge you them you will be asking the court to judge on the fairness of such terms.

[Ebony Princess]

Re: Sorry it's the dreaded Blemain Finance again

In response to IanM asking whether they had sent all the information in the SAR, I don't think they did and they are trying to cover it up. They are claiming that they had written to me requesting the building insurance policy but I know they never did which is why I never sent them anything noting their interest. When I made a complaint to the Financial Ombudsman about this, they forwarded me "copies" of letters which I had never seen before. These letters, however, were not in the SAR requested. The letter were just on blank A4 paper with a digital signature. They looked like they had been typed up by a child.