Blemain Finance Possession Claim

[jumper999]

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.

[jumper999]

Re: Blemain Finance Possession Claim

Just reading some new rules coming in on Monday 1 April 2013

http://www.justice.gov.uk/courts/procedure-rules/civil

Part 1 - Overriding Objective The overriding objective of the rules is strengthened to enable to the courts to deal with cases justly and at proportionate cost.

Part 3 – The Court’s Case Management Powers

PD3E Costs Management

PD3F Costs Capping

[PlanB]

Re: Blemain Finance Possession Claim

I am pretty sure that those Solicitor costs are extremely highly inflated and that does not mean that the courts would agree with them either as they would have to be properly assessed. Maybe it is worth asking for a complete breakdown of those costs because some of those may not be legal costs and could just be charges for missed and late payments etc and charged at exhorbitant rates. Some of these you may be able to get reduced and if Blemain do not play ball, the FOS I am sure will tackle this aspect.

I doubt Blemain's solicitors are referring to anything other than the firm's (and all the countless other firms!) legal costs in that offer letter. As I understand it the FOS has already rejected Jumper's complaint on the possible unfair charges issue due to the secured loan not being regulated by the FSA. I could be wrong on this point.

[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:

[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.

[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?

[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.

[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

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.

[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

A very good read for all.

[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

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.

[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

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