Blemain Finance Possession Claim

[TUTTSI]

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

[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.
　
　
　
　
　
　

[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

[jumper999]

Re: Blemain Finance Possession Claim

Some more interesting info:

http://www.bbc.co.uk/news/business-20754265

They say their paperwork wrongly described their loans as being regulated by the act, when in fact they were not, and that this may give them the same contractual rights.


One borrower, John, said: "I have two loans with Northern Rock [now Northern Rock Asset Management (NRAM)] that I took out several years ago - both were for £30,000.
"Both agreements are headed 'Credit agreement regulated by the Consumer Credit Act [CCA] 1974', and the signature box contains the text, 'This is a credit agreement regulated by the CCA 1974. Sign it only if you want to be bound by its terms"."


"I thus signed the agreements thinking I had the protection of the CCA. I have now learned that they weren't regulated by the CCA at all, because they were both over the £25,000 limit in place at the time.

[jumper999]

Re: Blemain Finance Possession Claim

I was wandering if the courts will be open on 1 May 2013? does anyone have any idea? as I have a hearing and I know that is a Bank Holiday on that day...

[TUTTSI]

Re: Blemain Finance Possession Claim

1st of May is a Wednesday, so they should be open it would only be Monday a bank holiday.

I was wandering if the courts will be open on 1 May 2013? does anyone have any idea? as I have a hearing and I know that is a Bank Holiday on that day...

[jumper999]

Re: Blemain Finance Possession Claim

Thanks tuttsi.....maybe i should double check with the court too.

[jumper999]

Re: Blemain Finance Possession Claim

I have just got back from the directions hearing which was today!!!!!!!!


Blemain's previous solicitors who were Cobbets......have gone into administration........shock horror...well that is what the Barrister that Blemain sent to the hearing today told the judge...and I googled this info to make sure...and it is true....mmmmm.... http://www.thelawyer.com/cobbetts-pa...003605.article

The judge have ordered to disclose what the legal costs of £7,'ish relate to by the 15 May 2013....and you should have seen the Barrister.....just by looking at her you could see that she had been celebrating the 1st May 2013 to its limits...lol....what a hangover of a face if I ever did see one. She asked the judge to make an application to strike out parts of my amended defence.....but the judge refused.....I told the judge that I am a LIP and I admit I made a few typing errors which I can easily rectify. The judge gave me permission to file further particulars....but did not make an order to do it as she said it was not necessary.

Blemain's barrister asked for a trial date from August onwards .....the judge refused and said this matter had been ongoing too long....and trial to be listed 1st opening date after 29 June 2013.

Just before going into court Blemain's barrister gave me a Directions Order which was 3 pages long...I had about 5 minutes to look at it before going in to the court....she gave the judge one too....and the judge could not make heads or tails of it and asked who prepared it and the Barrister said...your honour I printed it from a template...and was just a standard directions order.....so the judge crossed nearly 2 pages off it and made her own directions.

This must be the first hearing that I have ever been to where I felt that I was being represented by the judge herself.....she was absolutely awesome in replying to the questions from the Barrister....the barrister kept asking to make an application to strike out....the judge then turned around and said to her that jumper sent you her amended defence in January 2013....and you sent a reply at the end of March.....and I can see if this case was important to your client you would not have wasted so much time in replying.....and I cannot see any benefit in waiting any longer....as I notice that all that is being established here is that their costs are increasing....

The judge said that if I wanted to I could send a skeleton argument to the court.....but would not order me to...

Witness statement to be filed by 12 June 2013...

All in all a very very good result.....on the way back from the court I popped in top Argos and bought a new lawnmower.....and I am going to cut my grass in a little while....as I am so so so happy at the moment and cannot wait for the order to come through the post of what happened today.

[TUTTSI]

Re: Blemain Finance Possession Claim

Wow that sounds like you got a half decent Judge for once and that the antics of Blemain have been scarpered. Fingers crossed that the actual hearing goes as smoothly and that you get all the breakdowns of the charges which have been imposed upon you. The charges should be reduced substantially as they are more than likely well over the normal costs and they have racked these up making you to be the bad one that you owe so much money.

Now from memory Blemain have accepted your payment plan and as long as you keep this up, Blemain have no reason to make a possession order, they could make a suspended possession order which means if you miss a payment they will go straight for the possession of your home.

[Sparkie1723]

Re: Blemain Finance Possession Claim

Excellent jumper......Re Cobbetts going into liquidation is the fact that they were the RBoS retained solicitors and RBS just havent paid them their exorbitant charges...which they had not a hells chance in getting back of the various cases taken on by Cobbetts and as they an LLP each partner just did not get paid ............What a shame......solicitors out of pocket ....my heart bleeds so profusely I may have to have a blood transfusion. Any idea of the Chambers their new Barrister is from??

Sparkie

[jumper999]

Re: Blemain Finance Possession Claim

Thanks Tinks...and no sparkie...I am not sure what chambers the barrister was from but will find out in the morning from the court if you want?

If you google Cobbetts you will find a lot of info on what happened...funny thing is that i received a letter from Cobbetts not long ago....when I asked them why my case had been handed back to Cantor Law....and they said because I had changed my defence....and was not pleading undue influence and fraud they had to give the case back to Cantor....oh what a load of Bull Crap that was....and nice of today's barrister to let the judge know that Cobbetts had gone in to administration otherwise I never would have found out.

[FlamingParrot]

Re: Blemain Finance Possession Claim

All in all a very very good result.....on the way back from the court I popped in top Argos and bought a new lawnmower.....and I am going to cut my grass in a little while....as I am so so so happy at the moment and cannot wait for the order to come through the post of what happened today.

All looking good for you Jumper, at last a judge who understands the little guy (or, in this case, gal ).

...and it's a lovely day for mowing!

[TUTTSI]

Re: Blemain Finance Possession Claim

Do you mean me- TUTTSI?

Thanks Tinks...and no sparkie...I am not sure what chambers the barrister was from but will find out in the morning from the court if you want?

[jumper999]

Re: Blemain Finance Possession Claim

Do you mean me- TUTTSI?

Sorry....lol yes I did....been a very good...day...and I think the hearing has gone to my head.

Soz xxx

[gallahad]

Re: Blemain Finance Possession Claim

Great news Jumper well done
G