Kerry1274 v Blemain Finance Repossesion Order

[kerry1274]

Re: Kerry1274 v Blemain Finance Repossesion Order

You don't think I should make the payment then?

[Amy]

Re: Kerry1274 v Blemain Finance Repossesion Order

If you make the payment and there are no arrears they cannot take you to court as the arrears no longer exist.

If it were me I'd make the payment and I'd follow it up with a letter as confirmation and request written confirmation from them that the court proceedings are cancelled.

Or are you referring to the offer to pay £150 extra?

[TUTTSI]

Re: Kerry1274 v Blemain Finance Repossesion Order

Kerry

These are my thoughts!

You must write to your lender it can be by email/fax/post make your offer - but only what you can afford and over a period of time that you can keep up the payments on a regular basis. Quote them the following case Cheltenham & Gloucester v Norgan (you can Google this) it is a case which went to appeal and the courts ruled that the motgagee can pay the arrears over the remaining period of the loan. You can also state to them why you fell in arrears and explain that you are now able to keep the payments up on your mortgage account.

Obviously keep a copy of the letter which you send and maybe they will agree either to withdraw or to a suspended mortgage possession order whilst the account is in arrears.

Also, if you are able to make an immediate payment to bring the arrears down to well under 3 month that should help as well.

I am work and a little rushed, but will pop back latter.

All the best

[kerry1274]

Re: Kerry1274 v Blemain Finance Repossesion Order

He said they don't do letters of conformation I have to ring the court to confirm its been cancelled. They are beyond a joke.

[WendyB]

Re: Kerry1274 v Blemain Finance Repossesion Order

But can you atually afford to make the full payment? Remember, if you put it onto your credit card youy will be paying god only knows how much in interest each month, and your minum payments will harldy scracth the surface of your bill.

If I were you I would be tempted to pay in through Natwest your normal monthly payment, then whatever you can afford on top, but pay as two seperate payments and make sure you keep the receipts.

Put everything in writing to them, send it recorded or special delivry so you have proof that they recieved it. Write down every conversation, and keep copies of everyhting for if you go to court.And take evrything to court

Although as Amy says, if you pay in full and have no arrears then they cannot take you to court, as there would be no case to answer.

[scoobydoo]

Re: Kerry1274 v Blemain Finance Repossesion Order

I agree they are breaking the new protocol rules .

You need to send them a budget sheet showing your income and expendiiture a reason for the arrears and your proposal to pay . Do not offer more than you can afford. It is the court that decides on possesion and not them.

There is a budget sheet on here and I can help you with a letter if you want. Do not be pushed onto putting the arrears on to a credit card and as advised above make a full note of this conversation and start a file . Keep everything in writing from now on.

[scoobydoo]

Re: Kerry1274 v Blemain Finance Repossesion Order

[kerry1274]

Re: Kerry1274 v Blemain Finance Repossesion Order

Thank you everyone

[magiciansgirl]

Re: Kerry1274 v Blemain Finance Repossesion Order

Kerry, so sorry to hear this; Blemain are beasts. You've had very good advice above but could I just add that it's a standard trick of theirs to deny all knowledge of receiving written correspondence from borrowers, so you need to send everything to them either Special or Recorded delivery, and keep proof of posting.

And - I don't want to depress you - but they will charge you for the court fees they have incurred and for any letters and phone calls you have had from them. £50 for issue of a default notice, £35 per phone call, £35 per letter re arrears, £130 for issue of Possession Proceedings, £190 Court Preparation fee. I am quoting these from their Tariff of Charges which you can get on request from their website. They don't bring these charges to the attention of their borrowers or put them on annual statements (so far) so they can come as a very nasty shock when getting a redemption quote. The only way to handle them is to pay on time every month (I learnt the hard way) and try and get out of their clutches when possible.

[scoobydoo]

Re: Kerry1274 v Blemain Finance Repossesion Order

give me a shout if you need help with the letter.

[figaro123]

Re: Kerry1274 v Blemain Finance Repossesion Order

What was the final outcome in this

[TUTTSI]

Re: Kerry1274 v Blemain Finance Repossesion Order

This thread goes back to 2009, so doubt if the poster will pick this up. I hope that she does so that we can find out what happened.

What was the final outcome in this

[figaro123]

Re: Kerry1274 v Blemain Finance Repossesion Order

We really do need some victories against Blemain, I hope I will be able to contribute to this in the next few weeks, as I am presently in litigation with them