We are unfortunate to have a secured loan with blemain. Today we have had a letter saying we have been charged incorrectly and they have credited our account the charges and intrest incorrectly charged to our account of £1100. We have a suspended repossession order on the house, still paying extra every month off the arrears which will be well overpaid now. Can we get the order removed and contest the legal fees added previously? First thing Tuesday I will be contacting them for a up to date statement of account

We asked while in court years ago about chaging the date to the 15th, the judge had no problem with our request. But blemain said they couldnt do it as that is the date set on our original contract. The eviction has been stopped and we have set up a standing order so they get paid weekly from now on. I just wondered if they could refuse to stop the warrent even though they have had more than they said was due to stop it before they knew the eviction date landed on the next due date. But as soon as they got the date through they said to pay what is due on 8/4/13 before they would stop it.

We have had an eviction date given as we were late paying our monthly payment. It was late due to it being due on the 8th and we don't get paid until the 15th. This is the second time this has happened and the company have forced us to pay the next month installment before they would stop the eviction. This is Blemain finance by the way. Now I have just had a long conversation with one of their advisers, which may I add didn't have a clue to be honest and I am not holding out much faith in what he has told me. This morning we were £49.97 in credit and the next payment off the secured loan is due 8th which is also the date of the eviction. They told me unless we paid the difference before the morning of the 8th, they would not stop the eviction. It has now been paid as a member of our family has loaned us the money until the 15th. Can they do this or are they telling me lies. If it is a case of the latter can some kind person give us some advice on how to complain about them.

Am I right in thinking I can show the faq to the judge tomorrow to confirm that our calculations of the true arrears are correct as they have admitted on two answers on the faq‘s that they have been adding the charges and fees onto the arrears prior to the date of the letter. Once we have our 5 mins in court tomorrow and hopefully win, we will be sending them the letter saying refund our fees or we will see you in court.

I have copies of everything I handed in and are in the file next to me. In Q10 (quick breakdown) I advised them of the call I had from Capstone on 11/1/11 to say they were going for eviction as we had broken the court order. Even though I explained the Dhss hadn't completed the ABI1 form correctly and that our insurance company were waiting on a response from the DHSS before they could issue the cheque. I have the letter from our insurance company here for proof. (so we haven't missed the payment it was just late paid 14/1/11.) Advised that we are being charged £125 per month so the arrears are increasing even though we are making the agreed payments. There is a complaint with the FSO ref xxx as the arrears figure they are quoting does not correspond to the true arrears figure less any charges (appendix 2) calculated from the details provided by SPML from SAR request. The true arrears are 2581, not 8K plus which is what they are stating. Which this figure includes discrpencies on the account as highligted i.e two payments due in one month, intrest on arrears not same on sar as in qrtly statement, debt advisor visit fee when no body has ever visited. settlement figure fee never requested this even the total balance does not match on sar to qrtly statements.etc. Quote C&G vs Norgan and that we have not missed any payments since we were last in court in May 2010. Ok we may have been late due to wages or waiting for income protection insurance cheque to clear. But not missed. And that he can see we are comitted to clearing the arrears on the account. Also we have two dependant children living with us. What I have just realised that I haven't included in the statement for Q10 is that even though we have paid every months since we were last in court the figure they are quoting is higher than the figure the courts had last may. I was in a rush to get to the courts before 3.30 on Friday and we didn't find the eviction notice until late afternoon as they didn't knock the door just posted it in the letter box outside the front door.

Well we have had the Eviction date recieved for 7th March. I am in court tomorrow morning, to see if we can get it suspended. I have enclosed all copies of my findings for the judge to have a read with his coffee in the morning to show the true arrears are only £2581., of course this is only for information purposes as this is with the hands of the fso. I have got a copy of the letter from our insurance protection company to prove why the payment in January was late, copies of everything that I handed into the courts last week. Is there anything else I need? ( I&E enlcosed, Statements enclosed. Copies of there statements enclosed.) I hope and pray that the judge sees that the account is wrong and there are charges, duplicate entries for mortgage due payments in the same month in there total arrears figure (hope he sees there is only 12 months in a year not 13 like capstone like to make out). And when we have made overpayments to the account which show on there statements as overpayments they still charge us arrears management fees. How do you guys think the outcome will be? We have had no letters or phone calls from capstone except confirming they are looking into our complaint and we should hear by 13th March. Getting rather worried now if I am honest.

Blemain finance have never sent me a new dd form for over a year since I requested it. So I have been paying the same day every month via there website. I get a email confirmation within minutes of making the payment and it shows on there account within 1 hour. So I have two forms of back up if a payment ever goes missing there end. Monarch recoveries have taken a payment from me before now, but that was 2008/2009 time, don't know if there policy has changed. The link is below. http://www.blemainfinance.co.uk/customerservice Sorry I can not help any futher, but it may help in your defence if you can make some payment on the account if you are going to try and stop the eviction as the judge will see this as you are showing you are willing to make payments.

I am in the same position as yourself with Spml or what ever they want to be called now. Waiting for a date before I can submit my N244 form. Our payment was late due to circustance beyond my control. Please send the sar request off ASAP. I went through our statement the end of last week and it is shocking to say the least the amount of charges they have applied and also so serious errors they have made on our account. We are being chased for £7700 arrears when the true arrears less any charges are £2581. Good luck with your fight against these cowboys I will be watching your thread. The members on here are great and have helped me before not with just advice and help completing the forms, but with the support that gives you the energy to stand up and fight.

Thanks for the advice Cher69Cher69. I will get in contact with the FSO tomorrow as we have our daughters option evening tonight. They have rang again today to see if I can offer a lump sum and I have just wiped the floor with the girl on the phone. She has confirmed the arrears balance they have quoted to the courts does include charges and also confirmed the error on the duplicate payments due & difference in intrest showing on statement to sar, therefore the interest they have charged on arrears and capital are wrong so the balance is wrong. She tried saying that the over charge of interest would only be a couple of pounds, until I advised her she couldn't go by what had been charged to the account she would have to obtain what rate the interest was applied at every month and calculate the difference . My last words were I will see one of your representatives in court. I know I shouldn't have said anything but I just needed to vent some steam and she got the brunt of it.

True arrears balance is £2581.78 a big difference from £7761.51 they have quoted me. I have also noticed that the intrest shown on the full sar statement for the intrest charged for june 2010 there is £5 more added onto the last statement they sent us compared with the sar statement. These are going to be copied and handed to the judge along with the other discrepencies.

Just going through all the charges from day one and I can see that they have added payment due twice in one month1/11/06 &27/11/06 they can not do this can they. If they cant then this means we have paid them more than we should have as even with the extra payment in the same month we were still in credit with them until they had added there legal cost's etc.

Hi I have just had a call from these cowboys, they are pushing for the eviction as we are late paying this month. My permanent job didn't work out and have been out of work since August. I have been making our agreed payments every month. Ok all being late as I have had to wait for the cheque off my insurance to clear before I can pay them. This month with Christmas and also the benefits office not filling in the ABI1 form in correctly my cheque which should have been posted the begining of this month is only getting processed today, so we are later than usual. I have told Capstone or what ever they might want to be called now and they said it doesn't matter as they are pushing for the suspened warrant for an eviction date. As I was paiting the ceiling in the kitchen I thought hang on a min the arrears balance is more than it should be. They have quoted me £7761.51, but on the paperwork from the courts back in May 2010 the arrears balance was £7531.10. We have paid the monthly payment plus £100 to clear the arrears since June 2010 so our arrears balance should be £6931.10, so they have included charges onto the arrears and quoted this figure not the actual arrears figures. Which the arrears figure is inocrrect and I am going to sit down and work out how much we actually owe them without there charges and intrest on charges. Can someone please help me draft a letter up for the courts to show that the arrears figure is inflated and that through circumstances beyond my control have made this suitation arise. I have a letter from my insurance company saying that the form has not be filled in correctly by the job centre and also a copy of the ABI1 form I asked the job centre to fill in again yesterday. Thanks Rightinit.

Thanks for your reply. Well if they sit on it for the full 6 years they will be wasting there time as within the next 5 years I will no longer be a resident of the uk, if all goes to plan.

I had a fine for not renewing my sorn for motor bike some time ago and letters have been sent to dvla, then Inter Credit and trust became involed. I did my bit, not my fault they haven't done there bit. I am not going to think I haven't had my confirmation of sorn when the bike is buried in the back of the garage and has been for many years. On 1/11/10 I sent dvla and inter credit a letter disputing my £80 fine and quoted two cases that had won in court against them and said that I would like this to be dealt with in my local court. Today I have had a letter from DVLA saying the have pulled it back from the 3rd party collection agents and have passed my correspondance over to the relevant department for consideration regarding court action and will be in touch with me. Please be advised that the DVLA has up to 6 years to take these cases to court. Can anyone advise me if the last part in bold is true or not. Kind regards Rightinit

It is for council tax. Jacobs are saying it's for 2008-2009 and the council say we only owe them for 2009-2010. I started paying in June this year £30 month after a visit from them and they had £50 cash then payment plan was set up. Had no payment card for a while so I was paying via automated system until a card arrived. Jacobs say they have not had a payment since the end of august which I know I have paid two lots of £32 to them since, this is bing looked into by paypoint.