Secured Loan Charges after eviction

[transformer999]

Re: Secured Loan Charges

Hi SS I think your loan maybe CCA regulated as you say it was for £7,000. Our local hotshot expert on here is Paul and maybe he could have a look and get some more details.....that would be a great start I believe.

[stillstanding]

Re: Secured Loan Charges

Hi SS I think your loan maybe CCA regulated as you say it was for £7,000. Our local hotshot expert on here is Paul and maybe he could have a look and get some more details.....that would be a great start I believe.

thanks T999, I don't know if it is or not to be honest, but will find out.

I just looked at the last correspondence from them, and it was as below. the first email came in the afternoon I had paid them off in full.


Dear *** (solicitor's name)
I refer to the above and to my e-mail of 19th December 2011.
In preparation of returning the keys to your client (On full redemption of our account), it has come to my attention that the property agents managing the property have cancellation fees of £250.00 + Vat (£300.00) that must be added onto our figure.
The figure therefore required by Friday this week is £22,933.40, please advise your client as a matter of urgency.
Kind Regards,
**** ******
Securities Supervisor
Blemain Finance

________________________________________

Dear *** (Securities Supervisor-Blemain)

I email as follow up to my call this morning regarding The final requested payment of £300 pounds which was made today on account **** made via NatWest. I'm informed that funds were immediately available to your company and so would request that our keys should now be released by the estate agents involved.

I'd be grateful if you would confirm this please as Ideally I would like to collect this afternoon. I can be contacted via email or on ***

Regards

**** (me)



__________________________________________
Dear Mr ***,

Thank you for your e-mail, I understand you have now spoken to a colleague of mine in respect of the return of the keys.

We are yet to receive the £300.00, I have however on the basis you have sent them authorised the release of the keys.

We will retain our Legal Charge over your property until receipt of these monies.

Kind Regards,

**** ******
Securities Supervisor
Blemain Finance

____________________________________________

The money was paid in cash, and to the correct account with the correct ID reference. None of the charges subsequently have made reference to this amount, so it was received. At the time we were just happy to get the house back, so didn't follow up, and neither did they contact us again other than as stated before chasing charges, for this year after redemption.

Going on, we've started opening their letters since we redeemed the loan (not opening the letters yes you'd think we'd have learnt by now.. we stopped sometime late Jan because it seemed ridiculous. Stupid I know.) and one is headed "Warrant for Eviction Issued" This was in February (2 months after we paid) stating "we are in process of requesting a date for eviction from your local county courts"

OK. Feb was a while back but feeling very uneasy now.

[PlanB]

Re: Secured Loan Charges

Do you remember receiving a county court summons for possession of your property and did you attend the hearing? Did you get a copy of the suspended possession order?

Did the original "Warrant for Eviction" come from a county court, Blemain or from a third party bailiff? Were you evicted (as you described) by a bailiff and can you remember the name of the firm?

[PlanB]

Re: Secured Loan Charges

Sorry, just a little more info, some of the charges applied a couple of months after we redeemed the loan were:


Buildings Insurance Block Policy Charge : £16
Professional fees : £360
Buildings Insurance : £482
Monthly Charge AUM : £67


This seems to be for 'Asset Management' after repossession judging by the overleaf Tariff. This is what I meant by property management, my apologies I was posting from memory previously. We're going through everything now to try to get some order to it, but they were as of March claiming £1,900 from charges they randomly applied after redemption. Now I've looked into it I'm now more terrified it could all happen again..

How can a company apply charges after you've redeemed a loan? Surely that does end the relationship?

I don't see how a lender can apply charges after you've redeemed a loan unless they were for backdated expenses due under the contract And how can they charge for "Asset Management" when it's their asset after redemption not yours.

Are you sure you got repossessed and not taken into receivership because something doesn't seem to add up here If you've got the possession order filed away at home that would explain a lot more, or if not and you can remember which court the hearing took place then you can get a copy (you would definitely have been sent one by the court at the time).

You say your first mortgage lender was understanding of all this, so did you redeem the mortgage with them on repossession, and then re-apply and get a new one four weeks later when you got the keys back from the agent following your eviction

[stillstanding]

Re: Secured Loan Charges

Yes to the court summons, I attended and it was suspended. The warrant to the best of my knowledge was from a court, I never saw the eviction letter till after the event, they were hand delivered and the kids threw them in a pile.

On the day it happened I was at work, my wife called to say she was scared, there was a van outside, and they seemed to be waiting. I knew Blemain were an issue so called them straight away, they told me that there was a grand owing on the court order. It was a day before pay day so I said I would pay it in full (I work for a nice company and knew they'd advance if I asked) he asked me to hold for a bit.. which I did, then after a few minutes he came back and said that the eviction had already taken place.

At this point an incoming call came from my wife, screaming that they were drilling the door down. I went back into the office and said I needed to go home. When I got there it was an older guy with two young hoodies, one of which asked me to sign something that gave all rights to Blemain. Perhaps the one thing I did right that day was to refuse. no idea who they were, no identification was offered. Insane I know, but unless you've been there you'll never understand the chaos and devastation it causes, we just rolled over.

We left at that point, when we got back an item worth about £300 was missing, but what can you do? The bastards win every time.

Sorry for the depressing post, today has brought it all back.

[stillstanding]

Re: Secured Loan Charges

You say your first mortgage lender was understanding of all this, so did you redeem the mortgage with them on repossession, and then re-apply and get a new one four weeks later when you got the keys back from the agent following your eviction

No, we just spoke to them and kept paying as best as we could, all on DD now and not a problem.

[PlanB]

Re: Secured Loan Charges

That's not a depressing post it's a sad one

It makes my blood boil to hear stories like this Let's hope you can get even with Blemain by claiming back some of this money.

You've got your home back so you and your wife and kids can once more enjoy being king of your own castle without the Blemain debt to keep you awake at night

[stillstanding]

Re: Secured Loan Charges

Thanks PlanB, genuinely appreciated. in some ways it feels good to spill some of it out, taken a while that.

I wouldn't say we're kings of any castle at the moment, the fallout from it all was hard and there's plenty still to keep me awake at night, still a long road ahead! But my wife and kids are absolutely awesome. We've always stood together through thick and thin, you can't buy or sell that.

[PlanB]

Re: Secured Loan Charges

Now I understand what's behind your user name

When you're ready dig out as much paperwork as you can and let's see if we can establish whether that was a lawful eviction

[stillstanding]

Re: Secured Loan Charges

Thanks a lot for listening. We'll get it together this week

[transformer999]

Re: Secured Loan Charges

Now reading your story SS has made me even more determined to fight these Blemain fuckers.

It is good you have let it out and as PlanB has suggested get as much paperwork out as possible. These swines must be stopped and together we will fight them. Now you can rest assured that you are not alone

[stillstanding]

Re: Secured Loan Charges

Just a quick post to say I've been working away this week so haven't really been able to move anything forward

(apologies to Never in Doubt, just PM'd you because I couldn't find the thread, got here eventually.

We haven't found the original credit agreement as yet, but I do have a photocopy of the legal charge (this was attached to the court order) is this any use in posting up?


thanks again for your support

[Never-In-Doubt]

Re: Secured Loan Charges

Ahh glad you found your thread. We moved it so only people that's logged in can view it.

[stillstanding]

Re: Secured Loan Charges

Thanks! i thought that might be the case so kept digging

[Never-In-Doubt]

Re: Secured Loan Charges

I've not read all the thread but can you clarify did the loan have ppi or are just speaking about charges?

Was there any court order for the debt? Was interest charged on that?

Yes you can reclaim but blemein aren't the easiest to deal with.

Remember with charges you can "request" a refund of all charges applied above the standard £12 plus interest at 8% per annum.