Help With A Repossession From Blemein Finance

[dx100uk]

time to take them to court dor the PENALTY charges then me things

 

 

blemein are the pits and need nailing for a change

 

 

dx

[dx100uk]

oh and hangs on.

 

this is a JUDGEMENT ORDER

 

they have NO LEGAL REMIT to add anything

 

you need to complain to the judge

 

dx

[webbscatering]

Hi Dx,

nice to here from you still keeping up the fight I see,

 

back to the problem

I wrote to this company about the charges

their reply needless to say implies the charges are fair and just and without the Variation Order then the applied charges will remain.

 

I do admit they have been banging on about the Variation order for some years and we have done nothing about it,

also they have had to send me nemurous SMS and letters every month for four years as I have breached the court order.

 

The order was to maintain monthly payments

we have done without missing a payment,

they are saying the monies do not reach their account sometime after we have made payments....

umm OK didn't know that was my fault.

 

I would like to know was is deemed as a late payment as I have read it is 30 days for normal folk and 60 days for businesses,

but what I cannot is at what time do you start applying late payment charges is immediately after the due payment date or after the 30 day waiting period.

 

Finally does it really cost £45 to send me 3 text messages and three letters a month bear in mind they are computer generated letters..

 

. the usual stuff we have been fighting about since this site was started.

[dx100uk]

you are only supposed to pay what the JUDGE ordered

regardless to whatever BL say.

 

if they are levying PENALTY charges you need to tell the court

 

typically your payments should be made 5days before they need it.

 

did the judge gave a day/month

 

dx

[webbscatering]

HI Dx,

no just said make monthly payments,

their brief said payments to be made on the 15th of each month

 

we said we dont get paid till the end of the month

the judge said well thats not down to me to change the dates so long as monthly payments are made.

 

After four years of fighting to change the payment date they have agreed to it

but as for all the charges applied beforehand they will still remain,

 

so without the Variation Order they have changed the date

but will not give me a refund on the late payment penalties!

[dx100uk]

woe

 

you are missing the point

the judge gave them NO AUTHORITY to charge any additional fees END OF!

they have broken the judges order.

 

give them 14days to return them or you'll be contacting the court in relation

to the judgement not stating addition charges are allowed

 

did you make the first payment by the judges due date?

 

dx

[webbscatering]

absolutely and never missed a payment or asked for help with making payments,

 

one good thing we did do was to make two separate payments

the first to cover the contractual payments

and a 2nd payment to pay off the arrears in line with the order,

this way it showed two transaction not one.

 

Having read their letter more their closing

 

paragraph states

 

I can take my complaint to FLA (financing & leasing association) and my account is not regulated by the Consumer Credit Act or the Financial Conduct Authority therefore the Financial Ombudsman Services will not be able to look into your complaint.....

 

. is that correct?

[dx100uk]

stuff doing it that way....

 

you have been levied UNLAWFUL PENALTY CHARGES that are NOT allowed

 

if they were then JUDGE would have said so.

 

 

dx

[webbscatering]

yes your right DX and I fully understand were your coming from,

but just want to to be completely airtight before I go after them,

 

I would like to know what is deemed as lenient for late payment before charges are applied if it is after 30 days then got them on that,

also I will ask them to produce the a copy of the judgement/SPO illustrating that late payment charges can be levied

 

finally why did they change the payment date without a Variation Order

 

therefore could this have been done earlier to prevent levying penalty charges

[dx100uk]

forget the talk of a variation order

 

forget all or any 'permission' or time limit to charge a late fee.

 

you need to ring the court and tell them what is going on.

 

dx

[webbscatering]

ok, so phone the court office and tell them i want to see a judge or fill out a form?

[dx100uk]

tell them what is going on..what BF are doing..

 

you have been charged late payment fees for XXX months in relation to a SPO

 

are they allowed to to levy ANY additional charges

as these are NOT specifically mentioned by the judge.

 

 

dx

[webbscatering]

ok thats good, as we already know the answer what would be the next step after that?

[dx100uk]

do we?

 

don't assume anything

you'll have to wait till Monday now

 

sit tight

 

dx

[webbscatering]

ok thank you DX speak to you soon

[webbscatering]

Sorry for the delay in getting back business obligations took priority,

 

We phoned the courts and they said they cannot give advice on charges

being applied to the account but the courts referred us to Payplan.

 

Payplan were concerned about the harassment we have received from Blemein especially

the SMS messages,

early morning calls,

calls in work,

calls over the weekend,

calls late at night and

numerous letters we receive each month for the past four years.

 

Here is the draft letter they drew up for us

and have forwarded to Blemein,

so far it appears to have worked.

 

Dear Sirs

I am repeatedly having to say the same things to your representatives who call my telephone number continually. (you can add information if relevant about other members of the household etc or if they are phoning you at work)

 

Please note that under the Data Protection Act I am formally demanding that you remove my telephone number from your records. If you fail to do so I shall take this matter to the relevant authorities for their investigation. Due to the seriousness of this matter and any legal action which may arise, I will only correspond in writing and will not accept phone calls or personal visits. Should you either visit or phone I shall consider this as harassment and either take legal action and/or make complaints to the Office of Fair Trading under section 40 of the Administration of Justice Act 1970.

 

Section 40 of the Act provides that a person commits an offence if, with the object of coercing another person to pay money from the other as a debt due under contract, he or she:

(a) harasses the other with demands for payment which by their frequency, or the manner or the occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation.

 

Yours faithfully

 

If you send this then make sure you send it recorded delivery, so that you have proof they have received it, and they cannot at a later date say they had not received such notification. Another possibility is to inform them that you will notify their professional association (normally details of this are on the bottom of their letters eg Corgi for gas engineers) of their conduct. This normally causes them worries as they have to be affiliated to an association

 

 

I now need to know what to do next, as Blemein have said my account is not regulated by the CCA or the FCA and have stated the FOS will not be able to help me, so who can?

[dx100uk]

you need to answer the question of if the judge allowed late payment fees

 

you've still not seen a copy of the SPO yet?

 

without reading the whole thread again....

 

no-one can add anything to a SPO unless its SPECIFICALLY stated so by the judge.

 

dx

[dx100uk]

having a quick read back

 

this appears to be a judgement order?

 

and theres still the issue ofthem charging you extra buildings insurance too??

 

I wonder what ELL-ENN thinks???

[webbscatering]

no there is nothing written saying fees can be added for late payments, the SPO just states make the month payments plus arrears

 

many thanks

[Ell-enn]

The judgement order is for payment terms agreed to stop possession. The charges will be part of the terms & conditions of the mortgage agreement and the judge does not have the authority to change those. Many judges will tell op's to challenge the charges as unfair but they cannot rule on those. However if there is a payment agreement in place they shouldn't apply charges.

[welshperson3]

you need to answer the question of if the judge allowed late payment fees

 

you've still not seen a copy of the SPO yet?

 

without reading the whole thread again....

 

no-one can add anything to a SPO unless its SPECIFICALLY stated by the judge.

 

dx

Yes they can

 

A judgment doesn’t stop them adding charges unless it specifically says no charges to be added to the agreement.

 

a judgment works alongside your agreement, so you have your loan terms and conditions which say xxxxxx and then you have a judgment which adds to the terms of your agreement.

 

Web some questions to find out what sort of agreement you have

 

1 What year did you take out this loan?

 

2 How much did you borrow?

 

3 What does it say on the top of your loan agreement, first page (this loan is regulated by the consumer credit act)?

 

I just got them to wipe of over £10k in charges and interest they added to my account.

 

They actually gave me an interest free loan, I got the same agreement they gave bently in the case bently v blemain

[dx100uk]

thank you you two.

 

dx

[webbscatering]

HI Welshperson, if you give me a day or so I will dig out the full agreement and get back to you soon, cheers

 

we took the loan out June 2007, borrowed £50k and they are a member of Consumer Credit Trade Association who ever they are?, thank you

 

late payment charges on loans are they lawful or unlawful and is there a template letter to try and get back these charges?

[dx100uk]

they are unlawful as they are a fixed PENALTY charge.

 

ideally you need to do the CISHEET

[webbscatering]

thanks for that dx100uk,

 

Blemein have just sent everyone an updated Charges Tariff it has now gone up to £50 if you are late paying!

 

in the eyes of OFT and such regulatory bodies

 

what would they deem to be late payment as I have read one to two months is classed as late payment

or am I wrong to assume this?,

 

the reason I am asking is I am trying to build a picture to hit back at them.