Blemain Finance Possession Claim

[TUTTSI]

Re: Blemain Finance Possession Claim

Thanks for letting us know and please advise the outcome. If you need any help with the sums, we have a speciast 'A' team that can help you in conjuction with the FSA rules obtain the correct figures for refund.

I am presently suing Blemain Finance for non refund of a PPI that was cancelled during the cooling off period. They are claiming they are not the provider. Thought this would be of interest to you

[PlanB]

Re: Blemain Finance Possession Claim

Jumper999. How is this all going? I've been following your case elsewhere for over a year so I know the Trial is due next month and you're handling this as a LIP. I just want to wish you good luck and see if there's anything useful I can add before you arrive at the court :hug:

If I remember right Blemain's solicitors have been putting massive pressure on you direct to agree to a suspended possession order and drop your counterclaim even though you had solicitors instructed at the time (still do?) which is a breach of legal etiquette to say the least. But nevertheless you've bravely resisted their 'offer'. Good for you :clap2:

[FlamingParrot]

Re: Blemain Finance Possession Claim

We would ask that you supply us with FULL disclosure of ALL information forthis account. We would remind you that the County Court judges are threatening to imprison any Data Controller who does not comply with these requests.

WOW! I wasn't aware than non-compliance with a SAR was that serious! Would this apply to any SAR or just in special circumstances?

[MIKE770]

Re: Blemain Finance Possession Claim

WOW! I wasn't aware than non-compliance with a SAR was that serious! Would this apply to any SAR or just in special circumstances?

Could I be Guard for them if they were sent to Prison i.e. suggest = Guoto (CUBA)?

[pt2537]

Re: Blemain Finance Possession Claim

WOW! I wasn't aware than non-compliance with a SAR was that serious! Would this apply to any SAR or just in special circumstances?

If the Court were to make an order for disclosure under the DPA and the data controller refused or failed to comply, then that would leave them in contempt of court

[figaro123]

Re: Blemain Finance Possession Claim

I made an application to the court for an underwriting sheet, as much as they tried to resist it they sent it to me a day before the hearing

[jumper999]

Re: Blemain Finance Possession Claim

Jumper999. How is this all going? I've been following your case elsewhere for over a year so I know the Trial is due next month and you're handling this as a LIP. I just want to wish you good luck and see if there's anything useful I can add before you arrive at the court :hug:

If I remember right Blemain's solicitors have been putting massive pressure on you direct to agree to a suspended possession order and drop your counterclaim even though you had solicitors instructed at the time (still do?) which is a breach of legal etiquette to say the least. But nevertheless you've bravely resisted their 'offer'. Good for you :clap2:

Thanks Planb.....things are far from over and I am hitting my head against a brick wall at the moment. A lot has been going on....too much to post up...with work....and everything else going on with Blemain and my sol.

I have sent my final email to my sol....which I am surprised as I told Cobbetts that I am no longer instructing him....yet he called me last Friday and is liasing with Cobbetts.

I have put forward mt terms of what I want to consent on and if Blemain are not in agreement then court we go. I have asked for a final reply as this is getting beyond a joke now.

[jumper999]

Re: Blemain Finance Possession Claim

Here is what my sol sent me:

Dear jumper:


I have just spoken with Johanna Nolan of Cobbetts and she has said that she is awaiting her client's instructions whereupon she will be reverting to me. However, she said that, while she is awaiting instructions, it appeared to her that the matters concerning your financial information was not resolved to Blemain's satisfaction and she speculated that the letter which I sent was prepared by their collections department without knowing the full extent of the case.

But she was not able to confirm as she was without instructions and so I shall be in contact once I have had a reply.



Kind regards,


This was my reply:


Thank you for you reply.

I have read the advice you have sent and I am greatly concerned that the date for the hearing is very near. I am not at all pleased the way in which Cobbetts or Blemain are helping matters by trying to reach a settlement and just dragging matters on much longer than necessary. Therefore I have come to the conclusion to this matter that the terms I want to settle on if not agreed by Cobbetts and Blemain then this matter must proceed to trial on the 18 February 2013.

The terms on which I am propose to consent are:

1. Blemain withdraw proceedings

2.. Blemain drop their costs in the claim

3. Both parties agree to stay proceedings.

4. Blemain should not apply to restore this action for a period of 12 months.

5. No warrant to be issued without leave of the court on notice.

6. The terms of this order to be reviewed by both parties 12 months from the date of the order herein.

Above are the terms that I would like you to forward to Johanna Nolan. If Blemain do not agree to the above terms then I would like a response no later than Friday 11 January 2013 4.00pm, and I would like them to agree to vary directions so that I may file my Amended Defence.

If all of what I have proposed is not acceptable to Blemain then I will on Monday 14 January 2013 apply to the court to make an order to vary directions and will point out that I have tried everything I possibly can to reach a settlement with Blemain with out any success. So I would appreciate that you forward what I have advised to Cobbetts as soon as you receive my email with my intentions. Time is running short and I want this matter to be resolved either by Blemain accepting my proposal and consent terms, if not then they should be advised that I would like to continue to trial on the 18 February 2013.

I will be using s140B unfair relationship CCA Act 1974, which will include Blemain's charges, interest rate, irresponsible lending, and unfair treatment they have given me from the beginning of issuing their claim and before that too to support my case.

I am aware that I may receive a judgment against me for a suspended repossession order and an order for costs, but the way that Blemain have been dealing with this case and myself I now believe is important that the court is made aware of their unfairness and how it has gone beyond limits.

I just need a final answer from Cobbetts so I can prepare myself and know which way the case is going. If they agree then that is good, if not then we must go to trial and that is my final say on this matter now.

I forgot to mention that I have sent Blemain a CPR Part 18 request today. If my proposal to settle is not accepted then I will need the information requested in support of defence.

I have also found case laws, and readings to support my case about how similar Blemain's activities are with other sub prime lenders and the fines they have received.

An OFT investigation found evidence that historically Swift had given secured loans to customers with poor credit histories or limited access to credit without:checking whether they could afford the loan, verifying their income, taking account of their other, financial commitments and personal circumstances, fully checking the information provided in the application. The OFT also uncovered evidence that historically Swift had failed to fully explain the charges that could be incurred if customers fell into arrears and failed to exhaust alternative options before taking borrowers to court.

These are just a few examples of the exact things that Blemain have done.

Kind Regards


I believe that Blemain are deliberately messing me about. They either want to take me to court or not? We don't have the time...or should I say I don't have the time to be messed about. I told my sol that I wanted to put in an application to vary the directions and this question was asked of Cobbetts over a week ago....a few days after that my sol calls me and gets involved after I told I Cobbetts that I am no longer instructing him.

I want to file an amended defence and I believe negotiations have broken down. On the 2 January 13 Blemain wrote to me advising that as long as I continue to pay by DD they would not recommence litigation....and Cobbetts state that this was sent by the collections team...so is an admin error.....really this is taking the ppppppppp now and I need some clarity on which way this case is heading.

[jumper999]

Re: Blemain Finance Possession Claim

I wrote this letter to Blemain on the 20 December 2012. The 1st attachment is their reply and the 2nd attachment is what my sol sent to Cobbetts:


Date: 20 December 2012
Dear Sirs,

Further to my letter to you dated the 11 December 2012 I have not received a response from you as requested by the 18 December 2012.


On the 27 April 2012 I received an email from your then acting solicitor Adam Coleman of Cantor Law advising me that the required payment is the contractual installment plus £33/month.


In a second email from Adam Coleman the same day he advised me the sum of £33 has been included in the order as that is the minimum round figure that I must pay in order to clear the arrears payments within the remaining term of the loan.


Therefore I cannot understand why on the 11 December 2012 you were not able to advise me how much money I would need to pay each month in order to clear the arrears on my account so that this matter can be settled. I have been trying to resolve this matter with yourselves for several months and believe that you have been very unfair with your dealings with me to try and reach a settlement without the need for court proceedings. I instructed XXXXXXX Solicitors to correspond with your current legal team Cobbetts and the advice that they have given to my solicitor is very misleading and confusing.

I am no longer being instructed by XXXXXXX Solicitors as I am unable to afford the legal fees therefore all correspondence should be sent to me directly through you and your legal team.
I am asking one final time how much do you require from me in payments to clear the arrears throughout the remaining of my loan.

If I do not receive a response by latest 4 January 2012 4.00pm I will assume that you do not want to resolve this matter before the trial 18 & 19 February 2013 and I will make the court aware that I have treated unfairly by you despite my several attempts to try and resolve this matter. I will also be writing to the FSA and inform them as I believe that you must be following the FSA principles and treat customers fairly when they are in arrears which you are not. I trust you will give this matter your urgent attention and respond to my questions as soon as possible. I will also be sending a copy of this letter to your legal representatives Cobbetts. Yours Sincerely

[jumper999]

Re: Blemain Finance Possession Claim

I know that the OFT have not re-newed Blemains licence to date......and I logged a complaint against them in 2011...but have not heard anything yet but sure that things are being done against them in the background.....as they like Cheshire Mortgages were also using Monarch Recoveries to con people and inflate their loans.

Below I have attached the correspondence from the OFT when I logged my complaint.

[MIKE770]

Re: Blemain Finance Possession Claim

See PlanB is in on this one so you are in good hands there.

[jumper999]

Re: Blemain Finance Possession Claim

Thanks Mike...the way things are going I will need good hands...feet...heads...the lot.........:tung:

Whichever way Blemain decide to swing....I have my amended defence prepared and ready...plus I have prepared an application to the court seeking permission to vary directions and have attached a witness statement...this has to end one way or the other.....

[PlanB]

Re: Blemain Finance Possession Claim

Golly, I'm beginning to regret asking for an update now :lol:

That letter from Blemain's solicitor clearly states that litigation will only recommence if you don't keep up with the arrangement so why haven't they vacated the hearing date due next month? I assume you've not missed any payments since January 2012. I sense the solicitor wants a consent order (do they mean a suspended possession order?) to be safe, while Blemain seem content just to take your money each month. And so they should.

If Blemain can't/won't do the maths and work out how much extra you would need to pay each month to clear the arears by the end of the mortgage term, then why not get someone to do that for you and start paying it anyway. There will be an online calculator somewhere.

I note from your wish list of things to settle this matter you've not mentioned withdrawing your counterclaim. If it was me I would be simply asking them to agree to a stay of the proceedings so that you can carry on arguing over the obscene charges they've been adding and the £9k legal costs on top for as long as it takes. You'll probably have to pay some of that because they will argue that they had to deal with your counterclaim, but you can get a detailed costs assessment which could reduce them substantially. If you end up in court you've got a very good paper trail so Blemain can't assume that you'll be made to pay all their costs :nono:

Things have changed dramatically since these proceedings started in 2011. You've now got a good job and a perfect payment record for a whole year. Hopefully a DJ will see that they don't need to repossess your home because they're getting their money and their security is not at risk. Let's hope you get a sensible response to your 'offer' from them in the next week. I hate it when solicitors leave everything to the day before the trial :rant:

[jumper999]

Re: Blemain Finance Possession Claim

Thanks PlanB....but if you read what my sol said about that letter Blemain sent.....agreeing that payments were acceptable as long as I maintained them.....Cobbetts believe that it was Blemains collection depart that sent that letter without knowing the full facts on the case.

However, she said that, while she is awaiting instructions, it appeared to her that the matters concerning your financial information was not resolved to Blemain's satisfaction and she speculated that the letter which I sent was prepared by their collections department without knowing the full extent of the case.

As for their costs I am going to ask them to bear their own costs if they want to compromise or seek a compromise like 80% reduction....because it is THEIR fault that their costs have risen as you know full well that I have been trying to resolve this matter many many months ago...but no matter what I do they won't agree.

For me to repay the arrears throughout the remainder of the loan then I would typically have to repay approx £33 on top of the contractual payments.....which I am already paying £30 on top of the normal contractual payments so would need to add an extra £3 to the £30.

It's not that Blemain want to repossess my house...that is not what they want...what they want is an SPO....whether I give it them voluntarily by agreeing to a consent order....with their terms in there.....or whether I get a SPO from the court.

That is the crux of this claim and argument.....you see once they get an SPO against me that will be like a gagging order and I will not be able to challenge them on their charges or interest rate or anything else unfair that they are/have done. As you know to overturn a SPO and judgment is like moving a mountain..........something that I do not want to do.

Blemain want an SPO.....and we are playing call my bluff now....and negotiations are clearly not getting me anywhere. A few month ago I agreed to their terms in the consent order...but as I did not fill in an I & e Form they could not seal the consent order.....neither would Blemain tell me how much I would have to pay in arrears.....then when I complained they wrote back I would not need to fill in an I & e form if I maintained the DD payments.

I just cannot see the sense in all of this....as for my sol....he has dragged things on much longer than he should have to. It would have been better if I had handle this myself...at least I would have asked questions directly myself.....I have asked them time and time again to stay the claim and proceedings but they are not agreeing....as you can see by their response to my sol.

[jumper999]

Re: Blemain Finance Possession Claim

Golly, I'm beginning to regret asking for an update now :lol:

That letter from Blemain's solicitor clearly states that litigation will only recommence if you don't keep up with the arrangement so why haven't they vacated the hearing date due next month? I assume you've not missed any payments since January 2012. (I HAVE NOT MISSED A SINGLE PAYMENT SINCE JAN 2012)I sense the solicitor wants a consent order (do they mean a suspended possession order?) (I ASSUME THAT IS WHAT THEY WANT...SOMETHING SOLID AGAINST ME TO SHUT ME UP.....WHICH I AM NOT HAPPY TO AGREE ON NOW!)to be safe, while Blemain seem content just to take your money each month. And so they should.

If Blemain can't/won't do the maths and work out how much extra you would need to pay each month to clear the arears by the end of the mortgage term, then why not get someone to do that for you and start paying it anyway. There will be an online calculator somewhere. (I WOULD NEED TO PAY AN EXTRA £33 ON TOP....WHICH I ALREADY AM PAYING £30......)

I note from your wish list of things to settle this matter you've not mentioned withdrawing your counterclaim. If it was me I would be simply asking them to agree to a stay of the proceedings so that you can carry on arguing over the obscene charges they've been adding and the £9k legal costs on top for as long as it takes. You'll probably have to pay some of that because they will argue that they had to deal with your counterclaim, but you can get a detailed costs assessment which could reduce them substantially. If you end up in court you've got a very good paper trail so Blemain can't assume that you'll be made to pay all their costs :nono:

Things have changed dramatically since these proceedings started in 2011. You've now got a good job and a perfect payment record for a whole year.(EVEN SO LOOKS LIKE THIS MAKES NO DIFFERENCE TO THEM) Hopefully a DJ will see that they don't need to repossess your home because they're getting their money and their security is not at risk.(THEY KNOW THEIR SECURITY IS NOT AT RISK OR THEIR MONEY....THEY JUST WANT A CONSENT ORDER FOR AN SPO.....TO MAKE SURE THAT IN FUTURE I CANNOT ARGUE ANYTHING AGAINST THEM WHICH THEY HAVE DONE UNFAIR....AND WE ALL KNOW THE LIST IS ENDLESS) Let's hope you get a sensible response to your 'offer' from them in the next week. I hate it when solicitors leave everything to the day before the trial :rant:

Just added a few bits above.