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Another Blemain debacle

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  • Another Blemain debacle

    Hi

    new to posting here although I have been reading the forums for a while now. I am another person who has fell foul of Blemain and broker Ocean Finance.

    Took out a loan of circa £30k in May 2007 to consolidate other debts. After falling into arrears, I have now had to sell the house, with a £4k shortfall due to Blemain adding about £3k in charges at the end to lift existing sist pending sale (entry date is next Monday 20 June). Problems were exacerbated when my ex (joint lender) left in 2008 initially & then formally in 2010 & subsequently refusing to contribute to first charge mortgage as well as this

    After being in and out of court with Blemain on at least six occasions since 2010 (and at least once prior to this) and circa £4k of charges plus same again in professional fees, I am aiming to try to recover some of thi,s particularly as some professional fees relate to Monarch (e.g. one charge of £250 for transferring to Monarch).

    Looking for some advice on the following

    1) Is the loan regulated or unregulated - they claim the latter? I'm thinking they are correct as new regulations from 2006 act didn't come into effect until 2008?

    2) Thus far I have sent a SARS request & followed it up with an appeal as they refuse to send on the underwriting sheet. What's my next course of action to get this? Would it be court or ICO complaint?

    3) Based on charges listed on SARs reply I have submitted a request for refund of all arrears charges and also for them to consider the agreement void due to breach of fiduciary duty based on an undisclosed commission paid out to Ocean Finance in same transaction on my account as the broker fee but not listed on disbursement or made clear to me at time of signing. Nor is the amount clear on the account history provided. Does this seem correct course of action? I expect Blemain to refuse request therefore think my next steps would be LBA?

    I have made at least three previous complaints to them about their handling of my account - one about affordability not being upheld (time-barred); another upheld in part (regards call backs & frequency of communication) and one upheld regards their representative giving incorrect info in court regards payments and their receipt of a draft minute of agreement for sale.

    On at least one occasion in court the sheriff gave their court rep a severe earful & recommended to me that I take legal action against Blemain as they had held the sist/court action over for me for around three years. Hence why, now the house is sold, I am seeking recompense for their handling of my account from the start.

    On another point re buildings insurance, I informed Blemain at outset I didn't not hold the policy as I was on a terrace whereby some properties were still under control of local authority therefore the LA held a block policy & I paid them. I sent paperwork to this effect but they insisted on being named which I was unable to do. Can I argue about the buildings insurance charges as I can't add them to a policy I don't hold?
    Tags: None

  • #2
    Re: Another Blemain debacle

    Just giving this a bump for you

    An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
    ~ Anonymous

    Comment


    • #3
      Re: Another Blemain debacle

      Quote from saraho's post;

      "On another point re buildings insurance, I informed Blemain at outset I didn't not hold the policy as I was on a terrace whereby some properties were still under control of local authority therefore the LA held a block policy & I paid them. I sent paperwork to this effect but they insisted on being named which I was unable to do. Can I argue about the buildings insurance charges as I can't add them to a policy I don't hold?"
      I think this is a strong point ....you are absolutely right IMO you can't add them to the block insurance without the LA's permission and I don't think they would that.
      If they have taken out a separate insurance that is a big problem for them ....and they can't charge you for it as it could be said you have been forced to attempt to commit Insurance Fraud..........But that is my opinion only PLEASE note I'm not legally trained ............this is one point you should get top notch legal advice on.
      Sparkie

      Comment


      • #4
        Re: Another Blemain debacle

        Originally posted by Sparkie1723 View Post
        Quote from saraho's post;

        "On another point re buildings insurance, I informed Blemain at outset I didn't not hold the policy as I was on a terrace whereby some properties were still under control of local authority therefore the LA held a block policy & I paid them. I sent paperwork to this effect but they insisted on being named which I was unable to do. Can I argue about the buildings insurance charges as I can't add them to a policy I don't hold?"
        I think this is a strong point ....you are absolutely right IMO you can't add them to the block insurance without the LA's permission and I don't think they would that.
        If they have taken out a separate insurance that is a big problem for them ....and they can't charge you for it as it could be said you have been forced to attempt to commit Insurance Fraud..........But that is my opinion only PLEASE note I'm not legally trained ............this is one point you should get top notch legal advice on.
        Sparkie
        I'm certainly looking into it.

        Sitting on tenterhooks today in case this bunch of crooks do anything to throw a spanner in the works of the sale completion, especially as I have submitted my complaints to them.

        Just need to wait & see I guess

        Comment


        • #5
          Re: Another Blemain debacle

          Re insurance charges ask them for proof of the insurance they took out and charged you for

          Comment


          • #6
            Re: Another Blemain debacle

            Still awaiting a reply re charges however they have written to me today asking for legal basis to my complaint (Fiduciary breach) despite me stating this clearly in the letter. They have also stated their legal team suggest it may be time barred (took loan out in 2007).

            I presume this is just their stalling tactics & trying to put me off? They've also not sent underwriting sheet.

            Comment


            • #7
              Re: Another Blemain debacle

              Just for the record their "legal Team" Cantor Law is headed by a Adam Coleman (part of the family) and in the same building. When requesting any information always give them a dead line for a response. They will ignor you and try to intimidate you so be firm.

              Comment


              • #8
                Re: Another Blemain debacle

                Originally posted by saraho View Post
                Took out a loan of circa £30k in May 2007 to consolidate other debts. After falling into arrears, I have now had to sell the house, with a £4k shortfall due to Blemain adding about £3k in charges

                . . . . . After being in and out of court with Blemain on at least six occasions since 2010 (and at least once prior to this) and circa £4k of charges plus same again in professional fees, I am aiming to try to recover some of thi,s particularly as some professional fees relate to Monarch (e.g. one charge of £250 for transferring to Monarch).

                . . . . Is the loan regulated or unregulated - they claim the latter? I'm thinking they are correct as new regulations from 2006 act didn't come into effect until 2008?

                . . . . I have sent a SARS request & followed it up with an appeal as they refuse to send on the underwriting sheet.

                . . . . an undisclosed commission paid out to Ocean Finance in same transaction on my account as the broker fee but not listed on disbursement or made clear to me at time of signing. Nor is the amount clear on the account history provided.

                . . . . On at least one occasion in court the sheriff gave their court rep a severe earful & recommended to me that I take legal action against Blemain as they had held the sist/court action over for me for around three years. Hence why, now the house is sold, I am seeking recompense for their handling of my account from the start.
                Hello Saraho

                I've only just seen your thread so may I ask a few questions before going any further.

                You refer to the sheriff in court so does this mean you live in Scotland?

                Blemain may say your loan was unregulated but that needs to be established. Did you keep a copy of the original agreement or did you get a copy of it in response to your incomplete SAR request?

                You say you've been in and out of court since 2010 so can you tell me what that was for? Were you defending yourself against actions brought by Blemain or was it the other way round? I'm guessing they were pursuing you since it's resulted in the sale of your home

                Just because they won that battle it doesn't necessarily mean they've won the war.

                Did you have legal help or representation for any of those court hearings?

                Sorry for all the questions but it's not easy to make suggestions on your next steps without knowing some more background.

                Di

                Comment

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