Could i have a "case" against a loan company?

Mandy · May 30, 2009

Hi everyone , just joined the forum and have done my "meet and greet" in the introduction /newbie section : i would be extremely grateful for any advice regarding a loan company /bully boys

with whom i,m having a lot of problems with

I do appreciate i,m not the only one here who has or has had problems with a finance company and am very grateful for any help received. I took a secured loan out with Blemain Finance in 2004 and got into difficulty last year when i took very ill and was in hospital and had to have surgery and months of lots of scans ,treatements ,etc and did notify them however they said they didn,t believe me and i had to send all my medical documents /letters to prove to them i was receiving hospital treatment : my doctors were very angry that i had to do this however my health was suffering more due to the bullying i was receiving from them re my payments being behind

I did manage to clear my arrears ( they would send numerous £35 letters/charges but i managed to clear this off ..eventually as i was terrified i would lose my home to them for just a few thousand pounds .
When i took the loan with Blemain , i asked about taking insurance but was told i wouldn,t need it : of course i did end up needing it but as say they wouldn,t let me take it. I constantly had to write to them to ask for a statement which again they never sent nor ever do : i did receive just one from them after writing time and again to ask to see all payments i had made and the amount outstanding however they have never sent any since that time ,back last September . Are they obliged to send me regular statements ? When i phoned again last week ,3 times to ask ,a very nasty guy said one would be with me but it has never arrived and i don,t believe they have actually bothered sending one : i,m at my wits end with them and really can,t face asking them time and again to send me a statement due to their nasty attitude and just wondered if it is a legal requirement that they send me statements automatically ? If so would i have a case against them for breach of contract ,type thing ? I also asked for a copy of my original agreement which they also are "unable" to send me . Sorry my post is so long but i just wanted to give ,or try at least ,as much information as possible and am grateful for any advice offered

Many thanks ,Mandy .

Witch consumer · May 30, 2009

First answer is easy, yes they are legally obliged to send you a atement of account every year, usually on the anniversary of the loan, they are not legally obliged to do more than that but it would be good customer practice to send a statement when asked.

They are also obliged to keep and provided any information they hold on you under the data protection act, which would include your original agreement, you need to send a subject access request which will cost you £10 but they must respond with the information you require within 40 days.

Should be something like this:

Dear Sir/Madam

DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST
ACCOUNT NUMBER:

Please supply me with a complete list of transactions relating to my secured loan history with your organization plus any other details or recordings of telephone conversations, either in electronic or transcript form.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

I have enclosed a copy of my passport as proof of my identity should it be required. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully,

Now the bad news, I have had dealings with this company before and they are a nightmare, ignore everything you send them and basically think they're above the law so good luck with it, ultimately the best you can do is complain to the FOS and the FSA.

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Could i have a "case" against a loan company?

Mandy

New Member

Witch consumer

Moderator