Blemain Finance Possession Claim

[jumper999]

Re: Blemain Finance Possession Claim

Link not working wp3...so I put one up below...

http://www.valerievazmp.co.uk/2013/0...in-parliament/

http://www.publications.parliament.u...13032673000394

[welshperson]

Re: Blemain Finance Possession Claim

This is someone who may take an intrest in what blemain have been doing, it may be worth writing to her !
　
Valerie Vaz MP
Member of Parliament for Walsall South
Valerie raises the case of Mrs Brenda Pressdee in Parliament
Posted on March 26th, 2013

During the Pre-Recess Adjournment Debate in Parliament on Tuesday 26 March 2013, Valerie raised the case of an elderly constituent who was forced to sell her home owing to an unfair loan agreement.

Speaking in the debate, Valerie Vaz MP said:

“Mrs Brenda Pressdee, a senior citizen faces the prospect of having the home she has lived in for 38 years sold, but she cannot remember why. It is important to highlight this case because it could happen to any one of us, our family or our constituents.”

“It is unclear how Mrs Pressdee came into contact with Dream Money Ltd. It brokered an agreement and she had to pay £3,000 in fees because she signed a loan agreement for a second charge on her property of £36,000. Once the brokerage fee and all the fees for lawyers, solicitors and title insurance had been paid, the total charges and interest came to £32,995, which is 99.9% of the £33,000 Mrs Pressdee had initially requested.

“By December 2012, with interest and charges and charges associated with arrears, Mrs Pressdee’s total debt was £51,713.74. She is unable to keep up her payments and now has to sell her home under the mortgage rescue scheme while living there and renting it out. As a result, Blemain Finance will receive a £55,000 redemption from the sale of her home.”

“The situation is heartbreaking. Mrs Pressdee signed a piece of paper saying ‘I can confirm that I intend to repay my loan at the end of the term by the sale of my property.’ The note is dated 19 December 1007 and she clearly did not understand what was going on. I do not think that she received legal advice on the loan agreement.”

“The Office of Fair Trading’s (Irresponsible Lending Guidance) only came into force in March 2010, so she was not covered on the initial finance company’s actions. I do not think that she had the capacity to enter into the agreement. She was continually charged for every letter written. On two separate occasions she was charged £230 in legal costs, so the bills went up.”

“The OFT cannot help Mrs Pressdee. There is also the Consumer Credit Act 1974. Section 140A talks about the Unfair Relationships Between Creditors and Debtors. There are two cases which have been successfully brought which refer to this company. Under section 140A, Peter Bentley challenged the right to repossession of his property. The High Court Judge in Cardiff asked both parties to rewrite the loan agreement, and they have done so. The company was told it could not repossess Mr Bentley’s home.”

“In the second case Blemain Finance took repossession proceedings against Mrs Thomas from Penzance. Three loan agreements had to be rewritten. The Judge held that they were unenforceable, because the amount of credit on them was incorrectly stated, so those repossession proceedings were dismissed and Mrs Thomas’ home was also not repossessed.”

Valerie asked for the Minister to meet with her and the Pressdee family.

Valerie added:

“We must help Mrs Pressdee, a vulnerable pensioner who has been driven out of her home. We should be protecting her.”

The full transcript of Valerie’s speech is available in the Official Report here.
　
　
　
　
　
　

Re: Blemain Finance Possession Claim

Good luck Figaro, when will the case come back for the full hearing?

blemain lost their application for a strike out. Case will now go to a hearing. Judge said there is no doubt my claim has merit

[jumper999]

Re: Blemain Finance Possession Claim

Good on you figaro.....I am pleased for you.

[figaro123]

Re: Blemain Finance Possession Claim

blemain lost their application for a strike out. Case will now go to a hearing. Judge said there is no doubt my claim has merit

[jumper999]

Re: Blemain Finance Possession Claim

Thanks PlanB.....but I have made them countless offers.....via myself and through the solicitor I instructed last year...............what you have said I will give it some thought and at the same time try and work how approx how much time effort and money I have spent on my case since proceedings were issued against me.

[PlanB]

Re: Blemain Finance Possession Claim

If you recall I instructed a solicitor and paid approx £2,000.00 last June to try and negotiate with Blemain and get them to reach an agreement or settlement. I have been beyond reasonable in trying to settle this matter.

I agree. So you should now bring up the issue of your costs in any counter offer. That will be £2k for your own lawyers plus £18 per hour for all your input as a LIP Since these proceedings started two years ago I expect your bill will be huge too and they may need to be reminded of that since it's not been mentioned in their lousy offer which you should treat as 'work in progress' but not ignore :ranger:

[jumper999]

Re: Blemain Finance Possession Claim

A very good read for all.

[jumper999]

Re: Blemain Finance Possession Claim

To confirm what I have said this is my last letter from the solicitor dealing with negotiations with Blemain:

Dear Jumper,

Please find attached herwith your file of papers.

As discussed, Cobbetts were informed in accordance with your instructions that you were in direct negotiations with Blemain for the purposes of not only saving costs but also because you did not wish to continue with s defence as your intentions were to remain in occupation, as evidenced by regular payments made by you over the last 12 months.

It is unfortunate that the negotiations, that commenced in summer last year on your behalf were not successful. This was despite your continuous attempts at providing information and documents to satisfy Blemain and Cobbetts of your good faith, and desire to continue to meet your monthly payments under the terms of of the mortgage.

[jumper999]

Re: Blemain Finance Possession Claim

Thanks for that info PlanB but I am not itching to get into court and have a judge decide the outcome.

If you recall I instructed a solicitor and paid approx £2,000.00 last June to try and negotiate with Blemain and get them to reach an agreement or settlement. I have been beyond reasonable in trying to settle this matter...and I know that a 2 day hearing will cost me a leg & arm if I lose, but what Blemain are offering me is not much better than what I would get if I lose if you see what I mean?

As for their legal costs that they have added they have to be justified and fair.....and how there is nothing in their T's & C's that state they can add LEGAL COSTS......they have written other costs they can charge the borrower for chasing payments....but I thought the chase was done by their solicitors Cantor & Cobbetts?

How can they claim 2 separate legal costs? this is the part I am confused about.

[PlanB]

Re: Blemain Finance Possession Claim

A Tomlin Order tends to say something like "costs to be agreed or assessed". That means you can have a detailed assessment of their costs by a seperate costs judge who will go through the bill with a fine-tooth comb so any duplicated effort caused by changing solicitors will be challenged in your Points of Dispute.

There will probably be something in your loan's Ts & Cs which says that the lender can charge you for its legal costs to recover mortgage arrears which you cannot dispute you have accrued - the only question is how much are those arrears. How much they can charge you for their legal costs is another matter :nono:

There's an offer on the table which you cannot ignore even if you say "No Thank You", but I strongly recommend you to get a lawyer to deal with this step because it's an opportunity to put forward your counter offer. You too must be seen to be reasonable. They're also offering to settle this with a Tomlin Order which in my experience is most unusual in possession proceedings so there has to be a reason.

While I sense you're itching to get into court to have a judge decide the outcome, you must also bare in mind that a two-day hearing in the High Court with counsel doesn't come cheap and if you lose the case it would be expensive, so if a settlement can be done on favourable terms then at least try to get one first.

[jumper999]

Re: Blemain Finance Possession Claim

Don't confuse legal costs with loan charges :fish:

I understand the difference between legal costs and loan charges PlanB.......what I can't understand is this.....

To my loan Blemain have added:

Legal Costs: £108.00 , £240.00 , £3,557.40.00 , £389.45
Counsel Costs: £720.00 , £420.00 , £330.00
Court Costs: £1,200.00
Overhead Costs: £100.00

In total that adds to £7,064.85 which has been added to my loan balance. My question is how can legal costs, counsel and court costs be added seperatley to my loan and then Blemain's solicitor's want to claim approx £15,000.00 separately in legal costs? via 4 times solicitors?

All the above charges are completely separate to Cantor Law & Cobbetts legal costs. Whats is happening is that I am being charged two separate bills for legal costs...and does anyone think that whatever Tomlin Order that Blemain want me to agree to will be fair? Do you think that Blemain will reduce their legal costs? If so from which set of legal bill will they do this? From their solicitors or from their own legal costs which they themselves have added to my loan?

It just does not make sense.

[jumper999]

Re: Blemain Finance Possession Claim

Part of the consent terms that they want me to sign...states that Blemain want to review this matter within 12 months to see if I can clear the loan off within the remaining life of the loan.

Basically I would have to agree to pay off approx nearly 70 grand within 19 years......and my normal contractual payments would double...........as for their costs.......how much are they? to date they are almost £15,000.00.............no final court hearing has decided either....so I am thinking what benefit would I get from agreeing to what they have advised....and what benefit and security would I get getting a Tomlin Order?

[PlanB]

Re: Blemain Finance Possession Claim

signing that document is an unfair term as immediately you sign that document they could put up that the repayment of £30 to £300 or even £3k and you aint got a leg to stand on and the end result will be losing your home.

Is this a suggestion that a clause in the settlement section of a mutually agreed Tomlin Order (which is subsequently ratified by the court) could be considered as an "Unfair Term" Would this mean that any term in a court order (particularly a Consent Order) could be considered as "Unfair" :shocked: I'd like to believe that, but a court order is not really a contract between two parties as such especially if it's been 'signed off' by a DJ who always read them first if he/she has not written it.

[PlanB]

Re: Blemain Finance Possession Claim

Yes your right Tuttsi...I will look in to getting some legal advice on this.....and there is no doubt that Blemain's legal costs are way too high.

Don't confuse legal costs with loan charges :fish: