Hi, I need a bit of advice. I have obtained a secured loan against a property for the purpose of sorting out my credit score and also primarily for home improvements. They have requested balances of all my creditors and a lot of them defaulted in 2010 as the recession knocked me. I sent them these balances and then someone mentioned to CCA all the creditors.
The loan completed and I ended up with 20k+ worth of cheques and the balance in my account. I phoned them and asked if they will amend the cheques which they agreed to. Then when I wanted to do it they resisted and I had to go through the complaint process for them to listen to the call. (took months) I then returned the cheques(voided) with letters from the creditors stating that they don’t have agreements. They then phoned and said they will re issue all these cheques for the original amounts, as there are no letters from the creditors stating balance as 0.
I have now been paying interest on 20k worth of paper sitting in my cupboard for about 4 months.
There is nothing on the agreement that say I would pay creditors. Even the letter I gave said I am looking to repay debts plus home improvements.
They are now trying to force me under duress to pay unsecured and unenforceable debts secured against my property which I don’t want as that does not give me any room to negotiate. (They class them self as a responsible lender!)
Where does this leave me as I think I have the following options:
1. Financial Ombudsmanicon
2. Keep the cheques again and negotiate final settlement with the creditors which should very low as they unenforceable (and I paid 6 yearsicon off already)
Then pay the creditors out of my own funds and wait for the letter to be state that the account is settled. Then send the cheque made out to them and ask them to cash it and please refund me as the account is settled.
Then I am going to sue Blemain for the time I wasted and interest I had to pay on money that has not left their account through the small claims court.
Anyway these are just ideas and any advice will be appreciated. I will actually pay for a lawyer that wants to give them as much hell as possible!
The loan completed and I ended up with 20k+ worth of cheques and the balance in my account. I phoned them and asked if they will amend the cheques which they agreed to. Then when I wanted to do it they resisted and I had to go through the complaint process for them to listen to the call. (took months) I then returned the cheques(voided) with letters from the creditors stating that they don’t have agreements. They then phoned and said they will re issue all these cheques for the original amounts, as there are no letters from the creditors stating balance as 0.
I have now been paying interest on 20k worth of paper sitting in my cupboard for about 4 months.
There is nothing on the agreement that say I would pay creditors. Even the letter I gave said I am looking to repay debts plus home improvements.
They are now trying to force me under duress to pay unsecured and unenforceable debts secured against my property which I don’t want as that does not give me any room to negotiate. (They class them self as a responsible lender!)
Where does this leave me as I think I have the following options:
1. Financial Ombudsmanicon
2. Keep the cheques again and negotiate final settlement with the creditors which should very low as they unenforceable (and I paid 6 yearsicon off already)
Then pay the creditors out of my own funds and wait for the letter to be state that the account is settled. Then send the cheque made out to them and ask them to cash it and please refund me as the account is settled.
Then I am going to sue Blemain for the time I wasted and interest I had to pay on money that has not left their account through the small claims court.
Anyway these are just ideas and any advice will be appreciated. I will actually pay for a lawyer that wants to give them as much hell as possible!
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