Bluemonday 3 Unenforceability Diary

[Bluemonday3]

After doing an email trawl, JC advised complaint to FOS so I have done as advised. I am now assuming there is nowhere else to go with this.
I have a small amount of savings which would cover the arrears and thinking if I pay this they will at least be off my back! I feel so trapped especially with the mortgage rates just rising and rising!

[Roger]

After doing an email trawl, JC advised complaint to FOS so I have done as advised. I am now assuming there is nowhere else to go with this.
I have a small amount of savings which would cover the arrears and thinking if I pay this they will at least be off my back! I feel so trapped especially with the mortgage rates just rising and rising!

Keep your savings safe! Your priorities are yourself food, heating, clothing
You have AAD here for you!

Think what can they do?
Don't think you are the only one with precisely this problem at this time of rising prices and frozen earnings.

[Bluemonday3]

Thanks Roger, believe me I don’t.. I appreciate everyone is in the same boat. I guess with everything going I’m weary of it all. The only thing that keeps me going with BM is that they appear to not have a clue about the history of this account and what they can do

[Night Monkey]

Post #216 might be worth revisiting, it appears that a real name is included.

[Bluemonday3]

Apologies, I have edited this, thank you

[Roger]

I and many others with AAD have been in this debt trap spiral. So we do understand.
Now ".. JC advised complaint to FOS so I have done as advised. I am now assuming there is nowhere else to go with this. .."
DON'T ASSUME ANYTHING!

You have now complained to FOS, this is a positive action a starting point!
So you have acted! haven't you! Taken advice and Acted on this advice. Well Done to you!

Now lets not be negative or jump to conclusions.
One Step at a Time it will help you and AAD if you could create a Diary type entry so that each step is recorded!
YOU are taken control of this!

[Bluemonday3]

Thanks again, I will put this my BM diary.
I’m trying to keep hopeful but with FOS having no power I am at a loss.
to be honest I was also disappointed that they thought that BM had overcompensated me for my other complaint so I kind of feel they have no understanding of the distress this is causing, no time is great but at the moment I feel like everything is a struggle

[Timewilltell]

I haven’t read back through history for a while, but what I will say is this, there are many like you that have complained to the FOS and even with a strong case get no where, I personally have learned to not take this personally I accept that the whole financial system is corrupt so don’t expect them to understand or see in my favour. Why would they when they are funded by the very people that you are complaining about?
I would focus my attention on the situation in hand and see what it is that you can do about it and not what others can do for you.
I’ll take a look back through the thread and see if I have anything to suggest thereafter.

[Bluemonday3]

Thank you for your response, I will try to out this some kind of better order. I guess for now I will continue to make the ‘contractual payment’ (though I appreciate it does not exist) and sit tight. I will also stop calling them when the arrears letters arrive as they cause me so much stress, which I don’t have the head space for and the conversations are pretty pointless as they have no idea of the history here, hence defaulting me twice etc.
to be honest the FOS thought they had overcompensated for their incompetence!

[Bluemonday3]

Birmingham Midshires-Unsecured loan taken out with mortgage in 2008 £26,250
DMP entered Sept 2007-advised to make minimal payment by Stepchange.
Default date-I am not sure
CCJ obtained 7/5/2010-£27,416.61-ordered to make payment of £41.54 (payment amount I was making through stepchange)

Charging order obtained -27/09/2010 £28,204.37 + £224.50 costs- Apparently this was a 'hybrid' CCJ which allowed a charging order to be obtained even though I never missed a payment!


2012- I took the payments outside of step change DMP as the debt was just accruing-maintained the monthly expected payment plus a few £ extra a month to the arrears.

No issues for several years as I started to make the expected payment (I have been advised by NDL that the contractual payment no longer exists following the CCJ though BM do not understand this!)

Sept 2021-BM changed their banking process for payments, I was currently paying separate standing orders, one to the mortgage(never been in arrears) one to the loan.
They requested one payment- I raised concerns over how they would apportion this and then the harassment started all over again as they seem to forget the history if this account.

November 2021-BM posted the loan back on my credit file even though this fell off 2016/2017- Complaint ensued this was removed, not before one of my credit accounts reduced though (I know I don't use it but it's the principle!)

Aug 22- complaint of harassment and unfair treatment made to FOS.

Oct 22- Arrears notice- balance £16,984.67 and arrears £2093.87
They are sending me these as per the CCA 1974, which the FOS say does not apply to this account anymore following the CCJ/Charging order

Oct 22- FOS stated they have no jurisdiction over the account as no longer covered by the CCA 1974 due to the CCJ / charging order.

[Bluemonday3]

So further letter from Birmingham Midshires re the unsecured (now secured )loan attached to my mortgage, advising of arrears as per the Consumer credit act even though the FOS say it isn't !
I am at a loss with this.. arrears increasing due to being linked with BOE interest hike! They still want an arrangement in place even though the court set one in 2010 but they said that is on top of the contractual payment.. which no longer exists..

[Timewilltell]

I think I would be inclined to write a stern letter to the ceo and explain that if they fail to adhere to the ruling as per court charge/ccj then you will be exposing their appalling behaviour in the media.

[Timewilltell]

Interesting?
https://register.fca.org.uk/s/search...type=Companies

https://www.ceoemail.com/index.php type in search Birmingham Midshires
interesting reading.??

[The Tech Clerk]

Lloyds Banking Group are the owners. Charlie Nunn CEO

Website	https://www.lloydsbank.com/
Social Media
Postal Address	25 Gresham Street, London EC2V 7HN
Company Number

[Bluemonday3]

It does not surprise me that LLoyds are the owners.. had nothing but hassle from them also!
They advised putting me in the priority team and will send out an I & E (again) and I have to go through this over the phone, where I will be bullied into making an unaffordable arrangement, even though they say they can't do that!
I find this so exhausting.. I was even told that the court order would probably mean that I had to make £41 per month on top of the contractual payment!
They have no clue!
I offered that I was in a DMP at the time and £41 was set by the court and NDL have advised that the contractual payment no longer exists.. as per the CCJ and subsequent charging order granted.. and so the cycle starts again!
it's exhausting..