Blemain Finance Possession Claim

[gallahad]

Re: Blemain Finance Possession Claim

Please believe I do fully understand your position and admire your stance. The last thing I intended was to cause you to lose hope. You need the judges lottery to fall in your favour as we all do and it is my sincere hope that you find a judge with the ability and the humanity to see through their web of deception.
G

[jumper999]

Re: Blemain Finance Possession Claim

G, if you remember the Bentley case.....you will see that the majority of that settlement that was made by Blemain was that they knew not only had they done things naughty in law....but mostly how unfair they treated the poor guy.

Plus that poor elderly lady who the MP Valerie Vaz helped when she was repossessed by Blemain..its a lot to do with the law I know...but equally to do with unfairness...in my opinion to.

[jumper999]

Re: Blemain Finance Possession Claim

Thanks G for your continued support. I do agree with your input.....but then I do have a habit of also having a little hope.

I think the main thing that makes me feel down is that if I lose then it effect many. That is one thing that does play on my mind. But if anyone was in my shoes they would understand that doing what I am doing is not out of choice.

Blemain have made me 3 offers of settlement since they issued proceedings. The first 2 offers were my worse case scenario in court. Their third and last offer was that they were willing to rebate me £2,165.04 of charges if I agreed to pay all their costs and agree to a SPO.

I know 100% that things did not have to go this far....but as they have I would rather be hanged by the court....than surrender to them. Yes the courts do rule on law...but they can and have done rule above that too...where unfairness is weighted so heavily on one parties side the court does have a discretion to make this rule.....

After reading my own witness statement.....I started to feel sorry for myself....and thought anyone reading it would too....but I also know sadly sometimes this is not enough to win a case....but believe that humanity....although running quite scare these days still exists.

I am preparing my skeleton argument....and if I don't say so myself....only this week....I have had a sudden feeling of feeling proud that I have made it this far...and should pat myself on the back lol.

Yes I am at risk....of losing....but if I just gave up as they wanted I know myself very well...and would have regretted making that decision for the rest of my life.

[gallahad]

Re: Blemain Finance Possession Claim

Sadly my friend it is one rule for them and another for us. I completely agree with your moral assessment but please be aware the judge will only be seeking to rule on law and not morals so arm yourself as best you can.
G

[jumper999]

Re: Blemain Finance Possession Claim

Hi G.....yes I thought and probably know they will use that...BUT....they are not allowed to make a profit on any kind of insurance...and they add the insurance to the loan and charge interest on top....PLUS......if they use the excuse as an admin error.....which I cannot accept.....more like this is another example that Blemain not only do not follow their own lending and underwriting guidelines....BUT ALSO DO NOT FOLLOW THEIR OWN TERMS AND CONDITIONS!

Terms and conditions are more stronger points than guidelines.......and how many admin errors do you think they will be allowed to get away?

If they use this excuse....then can I not use the same by saying that, sorry your honour it was my mistake not adding Blemain to my insurance...but the moment I realised I adding the swines straight away.....makes me laugh at times...and wander this time next month....for better or worse this all will be over.

Blemain have still not sent their witness statement to court...I just called...could not resist......and Cel said sometimes they take 2 weeks to send their statements....and don't get clobbered by the court.....bloody hell....if I knew that before I would of took my time sending mine too.

It is not like their witness statement is not ready is it? they sent me a copy by email on the 12 June ....and a hard copy the next day?

What a palava hey?

[gallahad]

Re: Blemain Finance Possession Claim

I hate to tell you Jumper but their answer to the court will be it was an admin error that it was not charged previously and it is in their terms of contract.
G

[jumper999]

Re: Blemain Finance Possession Claim

Below I have attached two redemption statements I received from Blemain. One in 2009 and one in 2011.

You will see they have given a breakdown of what was owed then. If you look at where it says "Buildings Insurance Premiums" it reads £0.00 on both statements.

Now in their witness statement they claim that this is a condition of the loan that their name be noted on the insurance.

They were happy to charge me £0.00 up until 2 years ago...and then suddenly start adding their own insurance and putting the cost on to my loan. If this condition was true..and important why not charge it from day one when the loan was given? Something is not right here...and this I believe is a very valid argument...as they can't have it both ways....as that is not only misleading.....but I believe just another attempt to add extra costs to peoples loans plus interest.

If they are going to rely on their term in their agreement...then is teh court not going to ask why they did not enforce that before. Another example of Blemain not following their own procedures?

Any input will be great!

[jumper999]

Re: Blemain Finance Possession Claim

Thanks Cel...for your quick response.

[Celestine]

Re: Blemain Finance Possession Claim

I wouldn't pay to much heed to their late WS submission. I've seen WS submitted 2 weeks late and incur no consequences.

Similarly, as a LIP, if there are minor errors in how you phrased your own WS do not be concerned. (RE your PM x)

[jumper999]

Re: Blemain Finance Possession Claim

I have uploaded a few paragraphs from Blemain's witness statement.....If you read paragraph 28 it reads that "In any event, it is a condition of Blemain's title insurance that VALID BUILDINGS insurance be in effect for any security property. It does not read VALID BUILDINGS INSURANCE WITH BLEMAIN'S NAME NOTED to be in effect.


Blemain's agreement states "The policy should note the Lenders interest not MUST!

More importantly I have a letter from Blemain dated 27 September 2007 which reads:

Further to your loan being completed I am pleased to welcome you to Blemain Finance Ltd.

As we need to finalise this part of your loan please arrange with your insurer to forward confirmation within the next 30 days of your home insurance to note Blemain as an interested party.

I sent my home insurance which did not note Blemain on there...and they accepted that then...so why approx 5 years later are they trying to enforce their clause? to add more money? I could be wrong.

Their argument regarding the interest rate is also interesting.

[jumper999]

Re: Blemain Finance Possession Claim

I think this thread should be moved to a secure area Jumper do you want me to notify Admin.

Thanks Tuttsi, that would be good if you could do that please.

Rang the court again today to see if Blemain have filed their witness statement with the court yet and they said no.

Tomorrow will be exactly one week since we had to file our statements. Not sure why they have not done this. They have not made any new application to the court as I also asked today, and if it was me who done what they are/have done I am sure things would be very different.

Ah well I am sure I will find out soon enough.....but as for now I will stick to what the last court ordered.

[MIKE770]

Re: Blemain Finance Possession Claim

needs secure area

Re: Blemain Finance Possession Claim

I think this thread should be moved to a secure area Jumper do you want me to notify Admin.

[jumper999]

Re: Blemain Finance Possession Claim

I have been reading Blemain's witness statement and know as soon as I ever post on this thread a guest always without fail appears. Not pointing any fingers....but whoever it is I believe is keeping up with every word and statement I make. If it is Blemain...then be good if they could answer a query I have.....

In paragraph 27 of their witness statement they say "On 5 January 2012, Blemain wrote to Mr and Mrs Jumper again to inform then that Blemain was still not in receipt of a valid policy of insurance and that, should a valid policy of insurance with Blemain's interest noted not be received by 31 January 2013, Blemain would effect insurance at a cost of £410 premium and £16 administration cost. Copies of Blemain's letters of 25 November 2011 and 5 January 2012 are at pages 162 to 165.

Now I have looked through my emails and found that on the 19 November 2012 I sent Blemain by email as they provided me an email....and sent them a copy of my insurance with their name noted on there....so how can they claim they had not received it? They said if they did not receive a copy by the 31 Jan 13 they would add their insurance.

I sent them what they asked for well within the time frame...yet they still added their insurance....and claim they did not receive it.

Also Blemain state that it is a condition of their title insurance that the borrower has home insurance with Blemain's name noted on there.

IF that was/is the case then how did they grant me and so many others a loan where we did not provide them with insurances and their names noted?

Another point, if this was true.....then what about the previous years where they did not add their own buildings insurance to the loan.

I have had the loan since 2007....and only provided a copy of insurance with their name noted in November 2012. Why have they not charged me for their buildings insurance as I have never provided one until last year and their name noted?

That would be approx £400 a year for them each year for adding their own insurance......times that by 5 years.....would make the sum of £2,000.00.

If this matter was so important why was it not raised at the beginning of the loan. I know I provided a copy of my home insurance which I had...and to date I have 8 years NCD on there....as proof I was insured in 2007.

If it was a condition of the title insurance then why did they not mention this or chase this up before.....its only been 2 years they have been pushing this point. I believe as they made enough profit by mascarading as Monarch Recoveries and could not continue to rob people anymore using that name.....they decided to bill people by using the insurance and their name should be noted clause.

What swines hey..................

Re: Blemain Finance Possession Claim

Quite often the courts have not updated their files after all it was only a week ago. That is their fault if they slipped up and it will not help them with their case against you and the courts will not look upon them very well for either being late or not to have filed them on time. Could be good for you but as you know hun they will have an expensive barrister who will talk there way round. Well I hope you get a great judge who will see them for what they are. That attachment one you posted up on Swifts thread was a Blemain v Thomas who the judge through out the repossession as there was an in balance in the way that the interest was calculated if I have read that correctly.

Hi Tuttsi, I called the court today and asked if Blemain had submitted their witness statement yet and they said no. Both parties were to file witness statements by the 12 June 2013 4.00pm.