Blemain Finance Possession Claim

[jumper999]

Re: Blemain Finance Possession Claim

I have had a good luck at the witness statement that Tracy Bailey wrote to the court in October 2012....and so far I have found a lot of very interesting information in there.

Blemain claim that they were running a pilot scheme with Ocean Finance in 2007 and therefore even though it was their policy they did not require a single proof of self employed earnings.

mmmmmm I am wondering what kinda pilot scheme that was? will they be able to advise or send any proof? also I am now of the belief that Blemain have paid Ocean a MUCH larger commission fee to Ocean than they declared....approx over £3,000.00.........all this is going to go in my case......

[jumper999]

Re: Blemain Finance Possession Claim

The court have made an order after I submitted my application to vary directions. I asked them if they would agree to vary directions and they said no...so I submitted my application and I received a court order yesterday allowing me to submit my amended defence....and the hearing that was on the 18 February 2013 has been vacated....and I have a Directions hearing on 1 May 2013.

All in all not a bad result as this now allows me enough time to get all of my case and defence/witness statement in order and prepare.

[Sparkie1723]

Re: Blemain Finance Possession Claim

A Notice to Admit Facts would fit this situation to a Big T
You could ask temsome serious embarrasing questions about this issue alone, bearing in mind the OFT's guidance on secured second lending.

Sparkie

[jumper999]

Re: Blemain Finance Possession Claim

Blemain in their own words have admitted that they did not have to follow any guidelines by the OFT, or FLA which they are a full member of.....and did not have to follow their own lending policies and guidelines because they were running a TRIAL pilot scheme with Ocean Finance in 2007............funny thing is that they ran no risk....but they placed us at a risk....

I wonder what they court will say to this argument and statement of Blemain...

[jumper999]

Re: Blemain Finance Possession Claim

Thanks sparkie for that and maybe something else I could add to that too.............

In Blemain's witness statement this is their response when I questioned them why they had not requested a single proof of income to support my OH's self employed earnings.....and this is what they wrote:


"IT WAS BLEMAIN'S POLICY TO OBTAIN EVIDENCE OF INCOME FOR SELF EMPLOYED BORROWERS. HOWEVER, BLEMAIN WERE UNIQUE IN THE MARKET PLACE OF SUB PRIME LENDERS IN REQUIRING ADDITIONAL INFORMATION. I RECALL THAT IN OR AROUND 2007, BLEMAIN WERE OPERATING A TRIAL PILOT SCHEME WITH OCEAN WHERE EVIDENCE OF SELF EMPLOYERS WAS NOT OBTAINED, THEREFORE NO INFORMATION WAS REQUESTED OF MR XXXX'S INCOME AND BLEMAIN RELIED UPON THE DECLARATIONS OF INCOME AND AFFORDABILITY WHICH WERE SIGNED BY BOTH MR & MRS XXXXXX."

THE UNDERWRITING TEAM FURTHER CONSIDERED THE AMOUNT OF LOAN SOUGHT AS AGAINST THE STATED VALUE OF THE PROPERTY AND MR & MRS XXXXX'S CONDUCT OF THEIR EXISTING MORTGAGE ACCOUNT.


Well my exisiting mortgage account was in an arrangement.....and Ocean Finance call data log shows: struggling to make payments on first mortgage so will allow a 3 month payment holiday to get them back on their feet.

[Sparkie1723]

Re: Blemain Finance Possession Claim

Hi Jumper,

I believe It would be better in this position to submit a ......Notice to Admit Facts .............pursuant to CPR 32.18 of the Civil Procedure rules Notice to Admit Facts.


Sparkie

[jumper999]

Re: Blemain Finance Possession Claim

Solicitors for the Claimant Second Defendant

[jumper999]

Re: Blemain Finance Possession Claim

Jumper make a further request to Blemain/Cobbetts for them to supply a true unredacted copy of the underwriting sheet and infom them that you request it using the powers under Artcile 13 of the ECHR and the European Court of Justice ruling of December 2012 that ruled on the "Right to The Truth and Disclosure" under that Article and you claim that right as a Human being....see how they respond to that.......if they do not respond you can add concealment of evidence under the New Act and this ruling in your claim and in Court

Sparkie

Thanks sparkie I can try that and also I was thinking about sending a CPR 18 to Cobbetts as this new bit of info is something new that I have not seen before.....so needs investigating in full.

[jumper999]

Re: Blemain Finance Possession Claim

Jumper make a further request to Blemain/Cobbetts for them to supply a true unredacted copy of the underwriting sheet and infom them that you request it using the powers under Artcile 13 of the ECHR and the European Court of Justice ruling of December 2012 that ruled on the "Right to The Truth and Disclosure" under that Article and you claim that right as a Human being....see how they respond to that.......if they do not respond you can add concealment of evidence under the New Act and this ruling in your claim and in Court

Sparkie

Thanks sparkie I can try that and also I was thinking about sending a CPR 18 to Cobbetts as this new bit of info is something new that I have not seen before.....so needs investigating in full.

[jumper999]

Re: Blemain Finance Possession Claim

Thanks planb I look forward to that.......

[PlanB]

Re: Blemain Finance Possession Claim

Thanks again planb....but my case is in the high court...so a bit more risky and high profiled I'm afraid.

Hearing date is the 18 & 19 February 2013.....although the court has advised me this is a listing hearing...but I must be prepared that the case will go ahead unless I am informed otherwise...which I have to ring the court the day before to make sure. . . .

. . . . My case is in the High Court of Justice Queen's Bench Division.

I haven't forgotten you although it may seem like that :sorry: I'm not an expert with law but I do know what makes you tick and I'll be back tomorrow with loads of ideas on how to make the most of the week before the trial. Most Claimants like to settle at the last minute if they think they're on the back foot. PT understands the psychology of this better than anyone I know and his tips on negotiating your way out of this would be most welcome :hail:

I'll be back tomorrow and that's a promise I won't break :hug:

[Sparkie1723]

Re: Blemain Finance Possession Claim

Jumper make a further request to Blemain/Cobbetts for them to supply a true unredacted copy of the underwriting sheet and infom them that you request it using the powers under Artcile 13 of the ECHR and the European Court of Justice ruling of December 2012 that ruled on the "Right to The Truth and Disclosure" under that Article and you claim that right as a Human being....see how they respond to that.......if they do not respond you can add concealment of evidence under the New Act and this ruling in your claim and in Court

Sparkie

[jumper999]

Re: Blemain Finance Possession Claim

Old commission - weird one?
Did you SAR Blemain/Ocean to find out what was in the original documents....that you signed for. Check through your paperwork?

Thanks Tuttsi...I did SAR Blemain a long time ago.....but this document I found just recently was not in there. I found this attached to a witness statement from Blemain....I have tried relentlessly to get the underwriting sheet from Blemain with no luck to date...and I am thinking now that maybe the reason being is that they did in fact pay Ocean a higher commission that I was advised.

I will have to find this out without their help I think.

Re: Blemain Finance Possession Claim

Old commission - weird one?
Did you SAR Blemain/Ocean to find out what was in the original documents....that you signed for. Check through your paperwork?

Can anyone looking at the attachment I have uploaded make sense and explain the part where it says "OLD COMMISSION PAYABLE"?

Old commission payable states a sum of £565 and I don't re-call ever being advised of this figure...was this on top of the £339....I am not sure.

I was aware that Blemain were going to pay Ocean a commission of £339 and was advised by Ocean that they would receive 1.4% in commission for arranging my loan with Blemain....but after looking at this document I am now thinking that maybe Ocean Finance received more commission from Blemain than what I was advised.

Also where it states COMMISSION % on the sheet it says 0-9............that I cannot understand either.

Any input would be great.

[jumper999]

Re: Blemain Finance Possession Claim

Can anyone looking at the attachment I have uploaded make sense and explain the part where it says "OLD COMMISSION PAYABLE"?

Old commission payable states a sum of £565 and I don't re-call ever being advised of this figure...was this on top of the £339....I am not sure.

I was aware that Blemain were going to pay Ocean a commission of £339 and was advised by Ocean that they would receive 1.4% in commission for arranging my loan with Blemain....but after looking at this document I am now thinking that maybe Ocean Finance received more commission from Blemain than what I was advised.

Also where it states COMMISSION % on the sheet it says 0-9............that I cannot understand either.

Any input would be great.