Blemain Finance Possession Claim

[jumper999]

I have started a new thread as I want to keep everything in one place. For years I have like many been posting on various threads seeking help and information.

Story so far as it stands....although I am currently going through divorce proceedings I want to just concentrate on the possession claim against Blemain.

I have paid a solicitor whose firm is also dealing with my divorce case but a separate solicitor. So far they have been fantastic. I had a listing hearing yesterday but the matter was adjourned after negotiations between my sol and Blemain's sols. Since Blemain issued proceedings against me in May 2011 they have changed solicitors twice. Cantor Law who were representing them are not instructed anymore and on the 22 June 2012 an application for change of solicitors was submitted to court, their new solicitors are now Cobett LLP.

The listing hearing had been vacated as both parties agreed to draft for directions....which I have attached below. I have already written out my amended defence but have not sent it to the court. I wrote this out quite a few months ago and sent Blemain a copy. They know what it reads...so what I want to do now is change what I have written in there and take a few things out. I have good reason for doing this and just want to concentrate on the main issues which will hopefully be successful. There are a few things I want to add and a few things I want to take out of the original amended defence. Even though I did not and have not sent the court a copy of the amended defence...Blemain have seen it....but I think I must change this if I want to have any chance of success. Ok worse comes to worse I will get a suspended repo order....Blemain have been hounding me like a dog for the past 6 months to agree to sign a SPO (suspended possession order) so this matter does not get to court...but I refused to do.

As my OH has not taken part in the possession proceedings he has been de-barred from participating, so have to do this on my own.

If there is anything that anyone can help or add please let me know. As you will see my case has been transferred to the high court...and any judgment in my favor will be big...not only for me but for many others to, so any help will be gratefully received as I know that many on here will know what I am dealing with. Thanks to all in advance.

I have attached recent correspondence from my sols and Blemain's sols.....and a copy of the latest draft for directions....I have only a few days to submit my amended defence.

[jumper999]

Re: Blemain Finance Possession Claim

I know that Blemain are part of Cheshire Mortgages...and CM gave an undertaking to the OFT http://www.fsa.gov.uk/static/pubs/ot...ndertaking.pdf

on their interest rates. Now my Blemain agreement also I believe comes under unfair terms regarding the interest rate which I will be adding to my defence.

Term 4: The Lender may vary the rate of interest per month (after any Fixed Rate period) from time to time to take account of actual or expected changes in market conditions after giving the borrower not less than seven days notice in writing.

If you read Term 29.7 you will see that even if the interest rates come down Blemain would never and never had any intention of lowering their interest rate in line with the BOE or any other rate they are linked to;

Term 29.7: "Rate" means (in the case of unregulated agreements) the higher of 5% above the base rate for the time being of the Bank of Scotland or the highest rate payable under the credit agreement and (in any other case) the highest rate of interest payable under the relevant credit agreement.

If you look at the payment history of payments made to Blemain you will see...well that is my understanding but may be wrong....that the interest rate is rising...and I never had any notice of interest rate rise from Blemain ever..as I am sure no one else did either.

[jumper999]

Re: Blemain Finance Possession Claim

Just wanted to add this to my thread although not directly related but very good info.....

http://www.mortgagestrategy.co.uk/la...053676.article

http://www.mortgagestrategy.co.uk/la...053676.article

[jumper999]

Re: Blemain Finance Possession Claim

I am trying to gather information about the home insurance that Blemain add to the loan. From their website this is the info I found....which if you read carefully they do contradict themselves and I believe it is an good and arguable point:

About Buildings Insurance:

Q. Why are there charges shown relating to buildings insurance?
A. If you have not provided us with a buildings insurance policy with our interest noted or if your policy is cancelled/expired, we will have to arrange contingency cover. You will be charged a buildings insurance premium based on the property's value and an administration fee, please note that this policy only protects us and does not provide you with any protection.

Q. Why do I have to note your interest?
A. As you have a loan that is secured on your property, it is a condition of your loan agreement (If that was true and it was a condition....then how many people received a loan from Blemain without providing evidence of Blemain noted on their home insurance? also Blemain according to their own statement would not release funds until they had evidence they were noted on people's own home insurance? and if they were not noted...how soon or long after releasing the funds to the borrower did Blemain request this info? In my case it has only been approx 18 months..since requesting a copy of my home insurance with their name on it. that you arrange and maintain adequate buildings insurance. By noting our interest on your policy, your Insurer will inform us of any material changes that will enable us to assess the adequacy of your current insurance cover.

Many will know that it is a condition of these type of lenders that any previous 2nd charge has to be re-paid so you can take a new 2nd charge out...but they will never write on the agreement that this is a condition will they? and also the loan agreement states that the home insurance policy must note Blemain's interest on it....not that it is a condition of the loan.

[jumper999]

Re: Blemain Finance Possession Claim

another good case for unfair lending

http://www.ewriter.eu/documents/patelvpatel.pdf


the 20% fixed interest rate was exorbitant when judged against bank base rates
now at 0.5%.


Even though Blemain have a variable interest rate which is not as high as 20% the question the judge looked at was the bank base rate was o.5%

[Djames]

Re: Blemain Finance Possession Claim

Hi guys you may be interested that I'm having issues with blemain financetoo however I have good solicitors on the case, whom are taking court action. A non regulated loan has had excessive charges added. I have a lot of information on this company including contridictive evidence, for example do you know sterling properties there so called LPA receivers are actually owned by the directors or blemain. Something else handy worth taking note of is that although the products are unregulated they do fall under OFT rules, there also investigating on my behalf, along with the FSA who in 2009 had an undertaking made against blemain about there un orthodox protocols and excessive charges. Blemain is the group company which is regulated by the FSA. I'll keep up updated I intend to pursue and win against this company? Especially after threats I received from Marc Goldberg the commercial director of the company

[robinmann]

Re: Blemain Finance Possession Claim

Hi I like you have dealings with this group. The Lancashire mortgage company is part of the blemain group. I have a court hearing with them. I like yourself have had dealings with Marc Goldberg. Can you expand on what he specifically said to you. May be useful if I know I am not the only one who he talks to in this way, especially as he is one of the directors of this outfit!

[Djames]

Re: Blemain Finance Possession Claim

Hi I'd be interested in talking more drop me an email Darrenjames@gmx.com as I'm not prepared to let this company win

[suffering]

Re: Blemain Finance Possession Claim

BLAMAIN ARE AFTER YOUR EQUITY ALL OF IT. Good luck to all that challenge this awful company. I have been stitched up good and proper by this mob. Threats, and intimidation are all in a days work for these guys. They have already had a detached house off me and are after more.
Just wondered how it works in a court case, is the court lead to believe each case against blemain is an isolated incident or can other people be called to give thier account of the companies behaviour. either in person or in writing

[figaro123]

Re: Blemain Finance Possession Claim

what threats did you receive from Mr goldberg at blemain

[Sickofbullies]

Re: Blemain Finance Possession Claim

I am interested on how you went on with your case-I have had many dealings with these people- I recently won my case in court with them when The judge cancelled a possession order that was only in place for one year-they are not nice people but stick to your guns with them!

[billie jo]

Re: Blemain Finance Possession Claim

Hello everyone, I have read all of your comments and have found your information very useful and am going to take up some issues that I too have with Blemain. I also have some problems with Spring Finance group who provide mortgages and personal loans and is fronted by Chris Chew, a rude ignorant pompous individual. This company is attached to a firm of solicitors called Brighton Law. I have found Spring finance to be a ruthless company who will not take any change of circumstance into consideration no matter how serious!! Their actions have devastated my life and I would like to know if anyone else has had any experience of this company. My intention is to begin legal action against them in the next few weeks. I would be grateful to here from anyone who has experienced them and their solicitors. Thank you in advance.

[TUTTSI]

Re: Blemain Finance Possession Claim

Hi Billie Jo,

Wwelcome to Legal Beagles and we hope that if we all work together we may be able to make a case against those who are abusing the system at present.

We have many people here with problems with Solicitors, Financial People who are connected to companies like Blemain etc. So we are now looking at the way that these people suck us in and then try and repossess our properties etc and charge us hefty fees. Do you know if PPI was included with your Mortgage package? As if this was mis-sold you may be entitled to a refund+ interest back as well as if they have overcharged you on Mortgage charges for any late payments etc they are normally excessive and add up quite quickly. It would be great if we could expose these people for all their wrong doings.

I would suggest if you have not already done this send a SAR off to the data controller at Blemain who has then 40+ 2 days to answer this cost £10, you need all the information which they hold on you and your account with them. I have a good SAR and will find it and post it up for you and you should amend it where you feel necessary. You can even ask about any notes on the screen, letters to third parties about you etc. This document should also include a full breakdown of your account including charges, interest and if you have PPI added in. With Mortgages you can go back 12 years.

[TUTTSI]

Re: Blemain Finance Possession Claim

This is the SAR I will use for Rooftop

Please amend it to suit your circumstances...

Name

Address 1

Address 2

Address 3

Address 4

Postcode

RooftopMortgages Ltd
Customer AssistanceDepartment
PO BOX 522
Ipswich
IP1 3YE date…….
RECORDED DELIVERY
IMPORTANT – PLEASE READ CAREFULLY



Dear Sirs


Subject Access Request (Data Protection Act1998)

Mortgage Account No : xxxxxxxxxxx
Addressof propertyxxxxxxxxxxxxxxxxxxxxxxx


We note from an initial review of the account that you haveapplied unlawful penalty charges and as such we are placing the accountformally in dispute.

We would ask that you supply us with FULL disclosure of ALL information forthis account. We would remind you that the County Court judges are threateningto imprison any Data Controller who does not comply with these requests.

The information requested, whilst not exhaustive is as follows:

• Full copies of all contracts which you believe exist between ourselves andyour
organisation, includingcopies of any documents you hold in support of same.

• Full statements of all accounts from commencement of the accounts. This is toinclude all information held especially the summary of case notes and MortgageStatements

• True signed and executed copies of all agreements in compliance with theConsumer
Credit Act 1974.

• Details of the identity of any individuals or organisations who have providedyou with our personal informationtogether with copies of any letters of instruction provided by them, or anycontracts entered into between yourselves and the third party, and the relevantdates to which those contracts related.


• Copies of all documents which include any of our personalinformation including copies of any contracts or invoices, emails or computerrecords containing our personal information, or any records which pertain tothis information.

• Full details and copies of any documents upon which you relied when you haveprovided my personal or financial information to any individual, organisationor third party.

• Full copies or transcripts of any computer logs or database records kept inrelation to ourselves or in relation to our financial or personal information.

• Full copies of any correspondence in postal, email or any other format whichyou have entered into with any individual, organisation or third party whichcontains our personal or financial information, or which pertains to us.

• Details of all systems you currently have in place to ensure our personal orfinancial information is kept securely, including details of those officers whocurrently have control of same, and at the time it was held or provided to athird party.

• Where any previous information or records held have been deleted or disposedof, the methods used to do so, including dates, certificates or referencesconfirming details of destruction. Where you are unable to provide suchcertificates, please provide a declaration, signed by an authorised officer ofyour company, confirming the dates and methods of destruction of this data.

• Full hard copy print outs of any of our personal or financial informationheld in a digital, magnetic or any other format which is held in any archives,backups or other storage devices / locations.

• Your registration number with the Information Commissioners Office.

• Your Consumer Credit License number and expiry date.

Where reference to emails is given above, these emails should be taken fromyour email servers or backups / archives held in a magnetic or digital format.These emails may not be present on a user’s local system, and may require theassistance of your IT department / IT providers, who you should contactimmediately for their provision.

Please confirm whether you hold a physical file with details of our personaland / or financial information. If so, please provide details and dates of anyinstance when this file has left your control, to whom it has beencommunicated, the method of transportation / communication e.g. Royal Mail,courier, by hand, electronically. Please provide a full copy of this file whereour physical file has left your offices, please provide details of any precautionstaken to ensure that our information has not been lost, misplaced or madeavailable to anybody who does not have authorised access, including those whowould use our information for the purposes of identity theft, or registeredwith any credit agencies. Please also confirm whether any of the documents heldwithin the physical file are computer generated.

Under S.40 of The Administration of Justice Act 1970, if you believe you haveprovided our information to any organisation, agent, or individual who could,or may have used it for unlawful purposes, you should contact us immediately,and provide full details of their identification and address, together withfull details of any instructions you have provided to them. If you haveforwarded or communicated our personal or financial information to any person,company, or organisation, please provide a copy of the authority, signed anddated by ourselves upon which you have relied prior to doing so. As requestedabove, you should provide copies on any such communications.

Under the Data Protection Act 1984 / 1998, as a Data Controller, you areresponsible for the complete retraction of all information provided to anythird party, should we request you to do so, and have a duty to us to ensurethat any personal or financial information we have provided to you is keptsecurely, and is only communicated to those to whom we have given my expresspermission / authority.

If you are unable or do not intend supplying us with any information we require you to advise usat your earliest convenience in order that we might give consideration to ourresponses.

In complying with both the Data Protection Act you are permitted to charge a maximum fee of£10 and that payment is enclosed by cheque no ……………..

Finally you are reminded that the Subject Access Request must be providedwithin 40 days of the date this recorded letter was sent.

You are also reminded that the ICO state that whilst the maximum limit forcompliance is 40 days Data Controllers should not use this as a guide forcompliance and should whenever possible provide the information as soon aspossible. If you do await the 40 day limit it may be found that you have notcomplied in supplying the information we require. In which case there would beinsufficient time left for you to comply causing you to be guilty of an offence

Non-compliance with our request is a criminal offence under the above Acts andwill result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signedby the customer is totally unenforceable under the CCA and therefore is acomplete defence to any court claim that is issued.

Finally, please understand that this alleged debt is now in dispute and allcommunication must be in writing. Since we have made formal requestsunder this legislation you are obliged to provide us with that information andyour employees should not pursue the alleged debt. we would remind youof the law related to harassment and the OFT guidelines.

Section 40 of the Administration of Justice Act:
(1) A person commits an offence if, with the object of coercing anotherperson to pay money claimed from the other as a debt due under a contract he-
(a) harasses the other with demands for payment which, in respect oftheir frequency, or the manner or occasion of making any suchdemand,
(2) A person may be guilty of an offence by virtue of sub-section (1) (a)above if he concerts with others in the taking of such actions as is describedin that paragraph, notwithstanding that his own course of conduct does not byitself amount to harassment.”
Furthermore your attention is drawn to:
Both the Office of Fair Trading and trade associations (run by the creditindustry) have produced guidance on what activities may be consideredharassment and should therefore be avoided by creditors. The following list istaken from the new Debt Collection Guidance for holders of consumer creditlicences.
Creditors are warned by the Office of Fair Trading under the Debt CollectionGuidance that the following practices are "considered unfair":
“PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TOBE OPPRESSIVE.”
This includes:
• Contacting you too frequently
You are instructed with immediate effect to destroy all records of any phonenumbers you may have where I can be contacted and to instruct all employees tonot attempt to telephone me whilst this alleged debt is in dispute. Failure tocomply will result in formal complaints to OFT, FOS and ICO requesting removalof your license to conduct any Consumer Credit trade and a complaint to thepolice seeking prosecution for harassment.

I await hearing from you.

Yours faithfully



xxxxxxxxxxxxxxxxxxxxxxxxxxxx

[figaro123]

Re: Blemain Finance Possession Claim

I am presently suing Blemain Finance for non refund of a PPI that was cancelled during the cooling off period. They are claiming they are not the provider. Thought this would be of interest to you