Blemain Finance Possession Claim

[jumper999]

Re: Blemain Finance Possession Claim

Feelings of anger...disappointment...hard done by...are playing on my mind almost every minute of everyday since this nightmare of my possession claim begun.

Then I am also feeling that by the time I have prepared my witness statement and included the horrendous things that I have endured.....and still enduring.....that even the coldest hardest of a judge will be in tears reading my case. I can hope and still believe that the courts do give justice for those who have suffered and continue to at the hand of lenders like Blemain & Swift. Then again I maybe wrong....but all I know and all I can do is do my best.....then at least I will be able to move on knowing that I tried my hardest.....and have no regrets.

If I lose my case then obviously it will have a very big impact on everything in my life.....but what I have been through in my own personal life.....will be worth it.

Plus I can't give in now.....if I agree to all of Blemain's terms of consent it will not only mean admitting defeat....but also I will most likely have to move a mountain over the moon if I ever wanted to complain against them again in the future. Judging by all my complaints over the years have got me nowhere...I can almost guarantee that any future complaints will all be super glued shut to against me.

If your right.....you must fight....is what I am going by from now on. I know I am in this alone and I am afraid...but I have lived in fear too much for too long....and unless I put my side across I will never know if I ever was right or not. If the courts find against me....then I would rather it came from them than from Blemain and their legal bullies.....as I have been trying to settle this case too hard for too long....and if they want their I & E Form...then I will give their icing on their cake....if for nothing else but to show the court....I GAVE THEM EVERYTHING THEY WANTED..........APART FROM MY SOUL!!!!!!

[TUTTSI]

Re: Blemain Finance Possession Claim

Jumper, do you how much the arrears are? have you requested a statement?

The case of Cheltenham & Gloucester v Norgan allows for the repayment of arrears to be paid over the remaining trem of the loan. If they take out a suspended possession order and you miss one payment - they will go back to court for a possession order immediately.

So therefore it is worth if you can settling the arrears as quickly as possible.

Have you yet provided them with an income and expenses summary as they have requested? this you should do but be very careful about what luxury's that you put down. If you have a partner + children they should also be taken into consideration when you complete this document. They will use this to ask for more money if they can so this needs to be carefully worked out.

We have been down this route with Rooftop Mortgages and they are very keen to repossess our property so we paid our arrears back over 4 years so that we did not have an ongoing problem with them.

They together with Blemain have the same business module and did I read the other day Blemain are connected to Webb, because Webb are also connected to Rooftop Mortgages.... they are also connected with other companies such as ours and yours. They will do their damdest to get your property and Judges always err on the side of the Mortgage companies when it comes to repo's.

[jumper999]

Re: Blemain Finance Possession Claim

Thanks Tuttsi... I am aware of the Norgan case......and the arrears on the account are approx £7,500'ish.

I am this week going to be filling in my I & E form.......for both me and OH.....which will prove that I am able to afford repayments on the loan.

It is for the court to decide if I get a SPO....and chances are that I may well get this....but my defence will also have to be considered by the court which contains a lot of unfairness on Blemain's part. I am at the moment taking one day at a time.....and waiting to see what the court responses to my latest application to vary directions.

Thank you for your kind help in this mess.

[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.

[TUTTSI]

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

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.

[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

[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:

[jumper999]

Re: Blemain Finance Possession Claim

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

[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

Solicitors for the Claimant Second Defendant

[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

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.

[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...