Blemain Finance Possession Claim

[jumper999]

Re: Blemain Finance Possession Claim

I have attached Blemain's breakdown of costs and charges...and Cobbetts claim:

At 14 January 2013 their costs were £12,840.00 plus VAT and disbursements of £1,755.81

£12,840.00 + £1,755.81 + £2,165.67 + £7,064.85 = £23,826.33

Blemain are claiming approx £23,826.33 to date and no doubt interest on top....my loan was £37,672.00....

This is just plain disgusting!

Blemain are claiming legal costs which they have added to my loan and they are also claiming legal costs separately for their solicitors Cobbetts...how can they add legal costs to my loan when there has been no court hearing to decide if they are entitled to or not?

£7,064.85 is being claimed and added to my loan by Blemain as legal costs? what do these legal costs mean I have to find out....

[PlanB]

Re: Blemain Finance Possession Claim

Legal costs will normally be dealt with after the case and you can get a Detailed Assessment to decide what is fair. This is a serparate issue from any charges Blemain will have added to your account for spurious admin reasons which may have formed part of your original counterclaim. But there is usually a clause in a loan Ts & Cs which will allow the creditor to claim the cost of recovering sums owed to them and/or enforcing the terms of the mortgage, but these still have to be fair

[jumper999]

Re: Blemain Finance Possession Claim

Thanks planb...lets hope so hey........

[PlanB]

Re: Blemain Finance Possession Claim

Even if you don't win this case at county court level you may still be able to take it to the COA which resulted in one Blemain customer getting a five year stay on his possession proceedings and a dramatic reduction in his monthly payments :nod: I know you're familiar with this case but others reading this thread may not be and it is encouraging for those who borrow from fringe lenders where the charges are unfair:

http://news.bbc.co.uk/1/hi/business/8332124.stm

What date is the hearing?

[jumper999]

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.

I have put in an application to the court and crossing my fingers they will adjourn and move the date forward to give me enough time to prepare my witness statement....as I sent my amended defence to Cobbetts and a copy with my application to the court requesting they allow me to vary directions.

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

[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.

I have put in anapplication to the court and crossing my fingers they will adjourn and move the date forward to give me enough time to prepare my witness statement....as I sent my amended defence to Cobbetts and a copy with my application to the court requesting they allow me to vary directions.

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

In which case you could do with a pro bono barrister to represent you in court. Have you approached the BPBU which you can do direct sometimes in an emergency (and this is an emergency!)

http://www.barprobono.org.uk/overview.html

or via a referral from LawWorks (I got a brilliant counsel this way):

http://www.lawworks.org.uk/index.php?cID=10354

When did it get transferred to the High Court and why?

And did you ask the other side to agree to an adjournment and they've refused which is why you have made your application to the court?

[jumper999]

Re: Blemain Finance Possession Claim

It was transfered to the High Court quite a few months ago....and the other side are not agreeing to an adjournment that is why I have had to submit my own application.

Negotiations broke down with Blemain....I was advised by my sol to deal with Blemain direct but as they would not advise me what sum I needed to pay to clear the arrears I did not supply them with an I & E Form.

Cobbetts sent my sol an email at the end of Dec 12 which he did not forward to me. Anyway everything has gone t i t s up...and I am having to deal with this on my own.
I am just going to see what the court orders.....because as I see it Blemain have not submitted their witness statement...and I have been trying to settle for months...and if the case goes ahead on the 18 Feb neither party is ready yet Blemain are still pushing for a trail....and wanting me to to consent to an SPO and withdraw my defence.

[PlanB]

Re: Blemain Finance Possession Claim

It was transfered to the High Court quite a few months ago....and the other side are not agreeing to an adjournment that is why I have had to submit my own application.

Negotiations broke down with Blemain....I was advised by my sol to deal with Blemain direct but as they would not advise me what sum I needed to pay to clear the arrears I did not supply them with an I & E Form.
. . .
I am just going to see what the court orders.....because as I see it Blemain have not submitted their witness statement....

Why not supply them with an I & E Form and see if you can get an arrangement to pay sorted because Blemain is show willing to do that and you're looking like you're refusing to co-operate. The Judge may not like the fact that you won't give them one and they could argue they couldn't reach an agreement with you without the full facts. Or do the maths yourself and work out exactly how much you'd have to pay to clear those arrears during the remaining term of the loan and start paying it with or without a formal agreement. Due to a 'recent change in your personal circumstances' you could add in even more income (I'll PM you about this). It would be unfair if the court were to grant them a possession order if you're already in an ATP.

If Blemain hasn't got their WS ready maybe you're in with a chance of getting that adjournment, but wasn't this date (exchange of WS) timetabled by the court? I presume the Directions order you're seeking is to get a new timetable when the old one got interrupted by your attempts to settle and not run up unneccessary legal costs.

[jumper999]

Re: Blemain Finance Possession Claim

Yes planb.....I will be back in 30 mins to reply to your above post......just checking details and getting them in order.

And yes I am seeking new directions/timetable..and think it is a good idea to submit an I & E form as it will see that I am doing everything I can to settle this crap.

[PlanB]

Re: Blemain Finance Possession Claim

It was transfered to the High Court quite a few months ago.....

^^^^ I didn't know that because I can't access your thread on the other website anymore :censored:

Why was it transferred from the county court where most possession proceedings are dealt with?

[jumper999]

Re: Blemain Finance Possession Claim

I am not sure why it got transferred to the HC.....

[PlanB]

Re: Blemain Finance Possession Claim

I am not sure why it got transferred to the HC.....

:scared:

I'll be back later with some more suggestions. Keep strong :hug:

[jumper999]

Re: Blemain Finance Possession Claim

Hi planb...the case got transfered to the High Court in June 2012....I did not make the request and not sure if Blemain did either.....maybe because my case was allocated to multi track....that could be the reason.

[jumper999]

Re: Blemain Finance Possession Claim

If you look at the 1st attachment below that is the original breakdown of charges Blemain sent to me where they included Monarch Recoveries and they are named on there.

Then if you look at the other 2 attachments they are what Blemain sent me recently...a few days ago....showing charges and costs added to my loan...you will see that they have edited this document and removed the name Monarch Recoveries from their breakdown.

[jumper999]

Re: Blemain Finance Possession Claim

I've been thinking about the letter that I received from Blemain in response to my complaint to them which I made on the 20 Dec 2012.

Below is the response they sent me and when I forwarded this to my solicitor he said this;

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.

OK.....that may be the case...but they did reply quite fully to my complaint: here is what I sent Blemain and below is their response:


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 XXXX 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 XXX 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