Blemain Finance repossession Unfair relationship Unfair charges

[Ruby]

Re: Blemain Finance repossession Unfair relationship Unfair charges

Unfortunately/fortunately my issue is not with Blemain but another sub-crime lender. Rather unknown on LB - ADV2.

Re: Blemain Finance repossession Unfair relationship Unfair charges

What about everyone writing to their own MP about the way these sub prime lenders work in your own cases against Blemain and maybe that might just rock the boat to get to the right person to help to stop these unfair practices.

All it needs is one templated letter which I am sure one of you who are involved with this bunch could write and which could be marginally changed to suit each individual's own case and then just needs posting off. I bet the minister concerned for this will be very interested when he starts to receive dozens of complaints about sub prime lending (especially connected to Blemain)( and then we can go accross the board with other sub prime lenders) from his Rt honerable colleagues.

[Blem-ished]

Re: Blemain Finance repossession Unfair relationship Unfair charges

Hi Welshperson On the point of going to the media to get them to look specifically at the Monarch Recoveries scam, though, this is something that is easy to do. It's a quite simple, fully founded and proven story for them. Blemain added charges of £250 - or even more?- to accounts. The FSA has said it was wrong (it doesn't matter that the ruling related to CMCL rather than Blemain specifically, it was the same practice by the very same people). Having added the £250 (or more) to one or more accounts, they have then charged people interest on that sum, at up to 17.7%, I understand. Some of these loans go on for 25 years. The consequence of the charges being left on the account, for someone in financial hardship, can be catastrophic. That £250 will have grown into hundreds more. When someone's loan term ends, Blemain then hits them with the £250 plus sky high interest over years. The person can't pay. Blemain charges them arrears charges. Blemain takes them to court and repossesses their property, ruining their life and that of their families. Henry Moser and his friends have been told to repay everyone they scammed. Let's remember, for much of the period this was going on, this outfit were part owned by Barclays Bank. Barclays should pay. The current investors should pay. Anyone who has suffered from being charged for the Monarch fees, should have them refunded, and if they have suffered further financial loss because of them - ie that debt led them to more debt and default, they should be fully compensated. I don't understand the silence about this. Just to ask again, is there anyone else please, willing to contact the media about this, and get them to challenge the Jerrold Group, Barclays and any other current investors. Henry Moser is one of Britain's wealthiest men. Why is he being allowed to get away with this? If people could just please reply re this one point - anyone willing to help research a journalist who might take this up and get it sorted for all the victims. That would be a great start, wouldn't it, would focus their minds on continuing to bully and exploit people in any similar way.

[welshperson]

Re: Blemain Finance repossession Unfair relationship Unfair charges

This is what can happen in cases of fraud. And as so many lenders have been acting in a questionable way then why have there never been a case of imprisonment for these people ? Maybe if they had defrauded HM revenue and customs out of so much monies things would have been different, but as they only defrauded the public then that seams to bo OK.
Fraud Act 2006
Participating in fraudulent business carried on by company etc.: penaltyE+W+S+N.I.
This section has no associated Explanatory Notes
(1)In Schedule 24 to the Companies Act 1985 (punishment of offences), in column 4 of the entry relating to section 458 of that Act, for “7 years” substitute “ 10 years ”.
(2)In Schedule 23 to the Companies (Northern Ireland) Order 1986 (punishment of offences), in column 4 of the entry relating to Article 451 of that Order, for “7 years” substitute “ 10 years ”.

[welshperson]

Re: Blemain Finance repossession Unfair relationship Unfair charges

Hi blem-ished
　
You raised some interesting points above
As for what the government is doing, then the answer is to little and to late.

Blemain have been under investigation since 2009 after all this time you then se a fine of £2 million for CMC. This is an insult for all the people that have suffered thro the actions of this company.

In 2009 monarch recoveries made a profit of £9 million in one year, they run this scam for years and only get a fine of £2 million you can see why they run this scam, as even when they get caught they are very much still in profit.

As for what they are doing, is it criminal then I am of the opinion that it is but for someone to try and prove this or get the police to investigate then that is a task on its own.

When someone comes to a forum like this they are usually in some sort of trouble and the help they need is how to defend against a repossession, so all the things you mention about contacting media, MP, police, OFT/FOS wont really help with the specific problem.

In the long term then bringing blemain to the attention of the above then this is defiantly worth doing, but it takes someone with time, commitment and a passion for getting justice. ( don’t under estimate the work involved )
　
Now if you are looking at whether what they have done is criminal then you need to look at what I post below, but trying to get someone to do anything about it is a task on its own.

Below is not something I think any one should try and take on there own, but if they can get the police or a government regulatory body to take on then go for it.

An Introduction to the Fraud Law Framework
　
There is no single law which prohibits fraud. What lawyers call 'fraud law' is in reality covered by a mixture of different offences and common law (evolved and established legal principles). They range from offences covered by the theft act to the new offences of the Fraud Act 2006.
The Fraud Act 2006
Major reform in fraud law occurred with the introduction of the Fraud Act 2006. This means that on 15 January 2007 the old general offence of fraud was replaced by parts of the Fraud Act.
The Fraud Act created these new offences:
Making a false representation (section 2) monarch recoveries
Dishonestly failing to disclose information (section 3) monarch recoveries
Abuse of position (section 4) monarch recoveries
　
A further offence of conspiracy to defraud still exists. It is very broad and is often used as a "catch-all" where the prosecution would have difficulties for technical reasons to get a conviction for one of the new offences, but the prosecution have to show that more than one person was involved
The Dishonesty of the Defendant in a Fraud Allegation
It is a basic principle of fraud law that the prosecution must prove that the defendant was acting dishonestly when he or she did whatever has been alleged. This issue is often the key issue in many fraud trials. An example might be a situation where a defendant asks a business associate to lend him £20,000, having assured him that his or her minicab business is viable when it was actually on the edge of insolvency. The court would have to be sure that the defendant realised this and that he knew it was dishonest. The test for dishonesty is usually decided by the jury of 12 members of the public - it is a test that must be decided on the facts specific to each case.
The law says that the jury must be sure about whether the defendant has been dishonest by satisfying both stages of the legal dishonesty test (sometimes called the Gosh test).
The first stage of the test is that according to the standards of reasonable and honest people what was done must have been dishonest.
The second stage of the test is that the defendant himself must have realised that what he was doing was (by the standards of reasonable and honest people) dishonest.
The second part of this test means that even if someone does something which they believe to be justified (an example a judge once famously used is that of Robin Hood robbing from the rich to give to the poor), if they must have known that ordinary people would find it dishonest, then dishonesty is proven. In other words, it is the knowledge of the fact that the public view a type of action as dishonest, not agreement with that view, which proves dishonesty.
How Fraud Allegations Arise
Fraud investigations sometimes arise as a result of regulatory investigations or audits by regulatory bodies such as the FSA, although the reality is that allegations more often are the result of a party facing a major loss and reporting it to the authorities. Classic examples of credit card fraud conspiracies, mortgage fraud, or Missing Trader (MTIC) or other VAT frauds all come about because a person or persons (in the latter case HMRC) has lost money rapidly and suspiciously


wp
　
　
　
　
　
　

[Blem-ished]

Re: Blemain Finance repossession Unfair relationship Unfair charges

Ok, why doesn't everyone who has a Blemain loan, contact a media outlet, to ask for help getting the Monarch Recoveries charges removed from their account. What consumer programmes are there on radio and TV? Which newspapers have sections that carry out consumer investigations? If we had a list, we can split it up, and agree between us to approach a couple each. I will approach two at the weekend. Will anyone else agree to approach one or two? We can get this done now. Don't let them take your home and charge you £1000 plus for charges that were an unlawful scam, and keep on charging you interest on that. Another question - are these actions by Blemain in fact criminal, do they constitute fraud? Does taking the name of Monarch off the statements, after the event, constitute fraud? All this is so outrageous, that I'm finding it difficult to understand why no-one in the media has touched it, and why the only place you can find mention of it is on this forum. Also, we should be going to our MPs and MEPs. Anyone willing to do that? Talking among ourselves is not really doing the job at present. We can tell the media there are people willing to speak to them with evidence of what Blemain/CMC have done - taking the reference to Monarch Recoveries off people's statements, so shamelessly, in an effort to avoid having to cancel the charges, AFTER CMC has been told by the FSA to put this right. We can show them the letters from the same franking machine - letters supposedly two different companies. If CMC is the principal and is responsible for Blemain, then CMC is responsible for putting this right for Blemain victims too. We can also ask, why has there only been one unfair relationship case? Why are judges refusing to deal with the unfair relationship issue, when there are so many that are patently unfair? How can this be down entirely to the discretion of a judge, that one judge in X County Court, applies the law, and another judge in Y County Court, refuses to consider a claim? What exactly is going on here?

[Ruby]

Re: Blemain Finance repossession Unfair relationship Unfair charges

All sub-crime lenders are in the poo as far as I am concerned. I just hope the clock is ticking loudly for ALL of them. Can somebody give the FSA and the OFT a very good shake - and fast ........

Re: Blemain Finance repossession Unfair relationship Unfair charges

We very nearly took a loan with Blemain.... but something did not go the right way and we backed out.... mind you ended up with another sub prime lender Rooftop Mortgages who it seems are just as bad and all they want is your home.

Keep the good work up everyone and try and stay one step ahead of them I know I have a huge mountain to climb with Rooftops, cannot even begin to explain how they have sold our mortgage to a PLC company and still have totle at land registry.

[welshperson]

Re: Blemain Finance repossession Unfair relationship Unfair charges

I feel sick! So what do the government intend to do about it?!

Hi ruby

The government are amalgamating the OFT/FSA into one body and that wil have the power to regulate all consumer loans.
On a happier note blemain haven’t had their licences renewed they have been wating two years, so something serious is going on and I can only hope that the FSA is wafting for this new regulatory body to come into existence and then we will see some fines coming out of the blemain group.
　
wp

[welshperson]

Re: Blemain Finance repossession Unfair relationship Unfair charges

Hi Blem=ished
I will try and answer the below questions you have


Thanks for that, I have great admiration for you and respect for how you have stood up to these people, and the battles you have won so far. The post I quoted though says that the message quoted, came from the FSA. So this is the FSA's opinion of what the status of Blemain is. It is also, I have to say, what the FSA told me when I spoke to them. They told me that Blemain's only status, is as an introducer to Cheshire Mortgage Corporation. So how the **** are they giving loans? Were they ever licensed to do so?
Blemain are operating on one of the groups licence and this is how it works
Appointed representative
A firm that may be acting on behalf of an authorised firm or an EEA-authorised firm (its principal). The principal must accept responsibility for the appointed representative's activities.
To see the name and details of the principal of an appointed representative click on ‘Principals’ at the top of the firm’s record
　


You are definitely the guru, I am only trying to do my bit and get some essential answers... I don't understand is why there isn't some organisation like the CAB or someone in the media, investigating and reporting on Mr Moser and his crew. They have been getting away with murder for far too long.
I’m no guru just someone who has spent to much time dealing with a problem, and please don’t believe what I say check it out for yourself and if you think it is right then go whith what you have found out, and if you find I am wrong then please tell me as I am always willing to learn.

For example, if the FSA has ruled that Cheshire Mortgage Corporation has to reimburse everyone they ran the "Monarch Recoveries" scam on, why haven't we all had those charges removed? Why is the FSA doing nothing to ensure all the borrowers' accounts have been set in order?
The FSA regulate first charge lending and as CMC is a first charge lender then the FSA can make them reimburse its customers. Now blemain and all the other companies are second charge, bridging or unregulated and the FSA has no authority over such loans so they cant do anything.

Can we get a parliamentary inquiry? In the US I believe they had a major enquiry into sub prime lenders. Has anyone been to see their MP or their MEP? Welshperson, you have posted details of the European case that states that judges must consider whether there is an unfair relationship when they consider a contract - so maybe we should be going to our Euro MPs and asking for a EU level enquiry into this?
You are totally right something needs to be done at a much higer level, but how, look what happened with the bank charges fiasco.

What we need, is a first rate lawyer to take us on as a class action. Can we do that? Can we go to the Bar Pro Bono unit or Lawworks together, to ask someone to take this on. Should be a good project for a young lawyer looking to make their name, surely? And there are several consumer rights organisations funded by government etc, can anyone think of one that would help with a class action or a test case?
If you can find out how then I for one am totally up for it

I wonder about actual murder, too. Have there been any suicides or deaths of people who were made ill because of the Jerrold crew? In Spain, after two suicides as the bailiffs came to repossess houses, the government has stopped repossessions. Its bound to have happened, but is not something that is openly talked about.

Thanks Welshperson, Jumper and all for your all your work and willingness to help others.
No thanks needed, we are all in the same boat helping each other is how we will beat then.
wp
　
　

[Ruby]

Re: Blemain Finance repossession Unfair relationship Unfair charges

I feel sick! So what do the government intend to do about it?!

[welshperson]

Re: Blemain Finance repossession Unfair relationship Unfair charges

Sub prime lenders operate a lending policy that the government has looked into and has given this type of lending a title they called it SET-UP TO FAIL (Google it) a lot of the things they were doing are now banned, you cant get a self sert mortgage or secured loan without proof of earnings anymore.

This is basically how it works
　
　
　
1 lenders loan to venerable people with total disregard whether they can afford the monthly payments. The only thing they care about is if there is enough equity in your property. (equity lending)
Evidence of the above is lenders giving loans that go into the retirement age of people, also excepting self declarations of earnings, not asking or caring about other financial commitments you may have when you aply for a loan.

2 paying brokers large commissions so that brokers signed you up with a sub prime lender, you may have been able to get a loan of a Maine stream lender but the broker wodnt get shch a large commission.

3 paying the broker larger commissions depending on what interest rate the broker can get you to sign. Blemain offer different interest rate loans higher interest rate for you more commission for the broker.

4 now you have signed the agreement sub prime lenders will do everything and anything to add charges, they will phone and send letters as many times as the rules allow and charge you for them, they really want to start court proceedings as this allows them to add more charges and also one step nearer to the final goal of getting your home.

5 some of the tricks used to add charges.

A saying you have to have them named on your buildings insurance, you do this and send them documents they then say they never received them and charge you for there own insurance (at an extortionate rate)

B charge you for phone calls and letters sent (they really do make millions out of this)

C making up a factious company so they can say they have transferred your account to this company, and add charges for transferring your account and also this so called company can then start charging you ( this is also used to scare and bully you)

D If you get paid the end of the month and pay them the they will say your payments are due at a date before the end of the month so they can charge you a monthly arrears fee (aprox £50) this situation also allows them to phone and send you letters and charge you for them ( I have seen charges of over £200 a month for this situation)

E starting court proceedings as soon as possible just to add charges, not as a last resort but as a way to add charges.
　
6 ok now they managed to get you to sign the agreement with the help of the broker, they have managed to raise the amount you owe them thro unfair charges to an amount that you could never have believed could have happened in a so called civilised society, now they go for possession of your home,

7 now when you took out the loan the company had your house valued they know exactly how much equity is in your home, they add so many charges that all the equity in your property is almost gone but not all gone. The next step is how they finally get everything you had.
　
8 ok now they finally get your home and you think that it will be sold and any equity you may have left will be paid to you, but this is not quite what is going to happen, what happens is they call in the recovers to manage your property and sell it for the best price. (Waterford in blemains case)

9 now the receivers are going to charge against the equity in your home and the charges are going to be extortionate,
　
10 why are the recovers charges going to be so high ? Because there is no competition blemain wont use any other recovers and the reason is that the same person who started the blemain group and is basicly the owner of blemain,also owns the recovers, but he doesn’t want anyone to know this that is why this company is not part of the blemain group (just a quiet little sideline to make a few million a year)
　
　
Now research SET-UP TO FAIL it will make you angry, but just realise you never had a chance from the start.
　
And now for my little rant

This has been going on for over 20 years and I think it is about time the government put a stop to big financial companies praying on the needy and venerable in society,
Rouge builders and door to door salesmen are closed down for the things they do wrong to a few people. But you have a companies that are doing untold damage to thousands of families and they are allowed to carry on,my question is WHY
　
WP
　
　
　
　
　
　
　

[Blem-ished]

Re: Blemain Finance repossession Unfair relationship Unfair charges

Hi Welshperson

Thanks for that, I have great admiration for you and respect for how you have stood up to these people, and the battles you have won so far. The post I quoted though says that the message quoted, came from the FSA. So this is the FSA's opinion of what the status of Blemain is. It is also, I have to say, what the FSA told me when I spoke to them. They told me that Blemain's only status, is as an introducer to Cheshire Mortgage Corporation. So how the **** are they giving loans? Were they ever licensed to do so?

You are definitely the guru, I am only trying to do my bit and get some essential answers... I don't understand is why there isn't some organisation like the CAB or someone in the media, investigating and reporting on Mr Moser and his crew. They have been getting away with murder for far too long.

For example, if the FSA has ruled that Cheshire Mortgage Corporation has to reimburse everyone they ran the "Monarch Recoveries" scam on, why haven't we all had those charges removed? Why is the FSA doing nothing to ensure all the borrowers' accounts have been set in order?

Can we get a parliamentary inquiry? In the US I believe they had a major enquiry into sub prime lenders. Has anyone been to see their MP or their MEP? Welshperson, you have posted details of the European case that states that judges must consider whether there is an unfair relationship when they consider a contract - so maybe we should be going to our Euro MPs and asking for a EU level enquiry into this?

What we need, is a first rate lawyer to take us on as a class action. Can we do that? Can we go to the Bar Pro Bono unit or Lawworks together, to ask someone to take this on. Should be a good project for a young lawyer looking to make their name, surely? And there are several consumer rights organisations funded by government etc, can anyone think of one that would help with a class action or a test case?

I wonder about actual murder, too. Have there been any suicides or deaths of people who were made ill because of the Jerrold crew? In Spain, after two suicides as the bailiffs came to repossess houses, the government has stopped repossessions.

Thanks Welshperson, Jumper and all for your all your work and willingness to help others.

[welshperson]

Re: Blemain Finance repossession Unfair relationship Unfair charges

Sorry but I for the life of me I don’t understand why someone with a complaint about a company would then address the complaint to another company. The rules are that you have to give the company you are complaining about the opportunity to put things right, so if you complain to some other company then you are not giving the company the opportunity to right the wrong they have done.
　
　
　
2. I hadn't read all the way through all the threads re Blemain before I posted here first as I was urgently seeking help. There is what appears to be a crucial posting on another thread, which includes a response received from the FSA clarifying the structure of the Jarrold Group companies, and the relationships between those companies, the crucial point for us being: who can be held responsible for what Blemain does.blemain are responsible or whatever group company is on your loan agreement to advise someone to go after the parent company is just going to be an expensive lesson for someone I am going to just repost that post here, because it seems to be the definitive answer to questions raised in some of the posts in this thread. This is a good example of why I think we need a single point of information that answers key questions, rather than people posting multiple confusing threads. Hoping to move forward on that soon.

Here is the post from the other thread I'm reposting, it's from December last year:
I have received this interesting response from the FSA bearing in mind that Cheshire have recently been fined.


I can confirm that Lancashire Mortgage Corporation and Blemain Finance are the responsibility of a firm called Cheshire Mortgage Corporation LimitedThe basic contact details for Cheshire Mortgage Corporation Limited are shown below on the Financial Services Authority (FSA) Register, which contains a record of all firms that are or have been authorised/regulated by the FSA under the Financial Services and Markets Act (FSMA) 2000, since 1 December 2001: if for example blemain have done something wrong to me, then I make a complaint about what has happened to me and who done me some wrong


Therefore, in the first instance any complaint that you have about Lancashire Mortgage Corporation and Blemain Finance should be addressed to Cheshire Mortgage Corporation Limited. No this is wrong, you have to give the company that did the wrong the opportunity to put it wright. Then, if you are not happy with the company you complained to not just Cheshire Mortgage Corporation Limited's response, or you do not receive a response within eight weeks, you may take your complaint to the Financial Ombudsman Service (the Ombudsman). The Ombudsman will be able to investigate your concerns and determine whether the firm is at fault, and if it is what should be done to put matters right.

Please see the following webpage which holds the guide 'Making a complaint', as it provides further information on the complaints procedure, including contact details for the Ombudsman: I WOULD LIKE TO SEE THIS ORIGINAL DOCUMENT



Just to clear things a bit about this company the ultimate parent company is Jerrold holdings, they used to be called the blemain group, same owners just changed the name. there are 24 companies in the group, most of which have no employees listed as working for the company, but these individual companies with no employees have turnovers of millions of pounds.
　
So ask your self, if a company has no employees and you are complaining to this company who is answering your complaint if they have no employees then there is no one in the companies to answer your complaint.
　
This company operates mainly out of one building, and as an example I will use one of the groups companies called harpmanor , when you aply for a loan from harpmanor someone sends you the loan agrement and other documents if you phone them and ask to speak to someone from harpmanor
Then you can, if you complain to harpmanor then you will get a reply from harpmanor, but if nobody works for harpmanor then how is this possible?
　
What basically happens is the company called blemain finance has employees and these people process loans for whatever companies you applied for a loan from, the same people will phone you and say they are from whatever company you are dealing with, same people phone you and then say they are from monarch recoveries and charge you for this.
　
What to do about the above then look at deceiving and misleading practices.
　
If you make a complaint then it is going to the same people never mind which companies in the group you complain about, but head the complaint to the right company and then you can show the OFT/FSA that you have done things right.
　
WP

[Blem-ished]

Re: Blemain Finance repossession Unfair relationship Unfair charges

Hi All

1.Blemain didn't get my house. At one point they thought they had though and their legal representatives were high fiving each other outside the Court. They were after several people's houses on the same day. They had a particularly poisonous female lawyer, or legal executive, who was asking her colleagues "Did you get them?" - meaning, did you manage to ruin these people's lives - as her colleagues came out of hearings. Congratulating each other and laughing. Not something that I am inclined to forget, or forgive. Cantor Law is the name Blemain/CMC use for their lawyers. Does anyone know the name of the firm they use for cases in London please? - because these individuals need investigation. This is not professional conduct. I would be very pleased to hear from anyone who has seen them behave in the same way, and who knows what firm these characters are from/names. Thanks.

2. I hadn't read all the way through all the threads re Blemain before I posted here first as I was urgently seeking help. There is what appears to be a crucial posting on another thread, which includes a response received from the FSA clarifying the structure of the Jarrold Group companies, and the relationships between those companies, the crucial point for us being: who can be held responsible for what Blemain does. I am going to just repost that post here, because it seems to be the definitive answer to questions raised in some of the posts in this thread. This is a good example of why I think we need a single point of information that answers key questions, rather than people posting multiple confusing threads. Hoping to move forward on that soon.

Here is the post from the other thread I'm reposting, it's from December last year:
I have received this interesting response from the FSA bearing in mind that Cheshire have recently been fined.


I can confirm that Lancashire Mortgage Corporation and Blemain Finance are the responsibility of a firm called Cheshire Mortgage Corporation Limited. The basic contact details for Cheshire Mortgage Corporation Limited are shown below on the Financial Services Authority (FSA) Register, which contains a record of all firms that are or have been authorised/regulated by the FSA under the Financial Services and Markets Act (FSMA) 2000, since 1 December 2001:

http://www.fsa.gov.uk/register/firmB....do?sid=114839

Therefore, in the first instance any complaint that you have about Lancashire Mortgage Corporation and Blemain Finance should be addressed to Cheshire Mortgage Corporation Limited. Then, if you are not happy with Cheshire Mortgage Corporation Limited's response, or you do not receive a response within eight weeks, you may take your complaint to the Financial Ombudsman Service (the Ombudsman). The Ombudsman will be able to investigate your concerns and determine whether the firm is at fault, and if it is what should be done to put matters right.

Please see the following webpage which holds the guide 'Making a complaint', as it provides further information on the complaints procedure, including contact details for the Ombudsman:

http://www.moneyadviceservice.org.uk...printed-guides