Blemain Finance Possession Claim

[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

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.

[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

Another statement which Tracey Bailey of Blemain:

"I note there is a file note dated 20 September 2007, completed by Scott of the underwriting team, which states "Ok'd by Tracey outside drive by criteria" I cannot recall the discussion now but I believe that I must have discussed the valuation details of the comparables with Scott and agreed that the application could proceed on the information we obtained. In addition, the underwriter considering the application formed the view that the stated income and amount of loan sought as against the value of the Property were acceptable"

Lots of interesting statements made by Tracey I must say:

[PlanB]

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.

That is such good news :clap2: Does this mean that the hearing will be re-listed at the Directions hearing in May which could mean the trial won't take place until the Autumn?

[jumper999]

Re: Blemain Finance Possession Claim

In short.....YES.

[TUTTSI]

Re: Blemain Finance Possession Claim

Wow thats excellent news :cheer2::cheer2::cheer2:

[MIKE770]

Re: Blemain Finance Possession Claim

Better than Coronation Street this series.:cancan:

[jumper999]

Re: Blemain Finance Possession Claim

Thanks Tuttsi......I have attached a copy of the court orders below......what a nightmare trying to get this done I can tell....as only last week Cobbetts wanted to offer me a settlement that Blemain had forwarded......

[MIKE770]

Re: Blemain Finance Possession Claim

It has been a up hill struggle all the way, but to your credit you hang in there!

[jumper999]

Re: Blemain Finance Possession Claim

Below is the list of events with Cobbetts that I have been dealing with this past week:


Cobbetts sent me this email on the 4 Fe 2013:


WITHOUT PREJUDICE SAVE AS TO COSTS


Dear Madam

Following a review of this matter, I have instructions to make an offer of settlement to you. I would be grateful if you would please telephone me on 0845 165 5295.

Solicitor
For and on behalf of Cobbetts LLP
Tel 0845 165 5295

I called them and asked them to put in to writing for me to consider: and this is what they wanted:

WITHOUT PREJUDICE SAVE AS TO COSTS


Dear Madam


We refer to our telephone conversation earlier today. As discussed with you, we have been instructed to inform you that Blemain are prepared to settle this matter upon the following terms:-

1 You continue to pay the current monthly instalment plus £30 off the arrears each month



2 You agree to a suspended possession order in favour of Blemain Finance Ltd over the Property



3 You withdraw your Defence and withdraw your application to the XXXX County Court for permission to file and serve your amended Defence/vary directions



4 The matter be reviewed in six months time



5 Our costs be added to the security

We await hearing from you, once you have had an opportunity to consider the above.

Yours faithfully
COBBETTS LLP

[jumper999]

Re: Blemain Finance Possession Claim

Thanks Mike for your continued support......very much appreciated..........


I received the emails on the 4 February 2013 then Cobbetts wrote to me on the 5 February 2013 saying that we should agree to an adjournment.

Well that was rich as that is what I had initially requested and they would not agree and I had no choice but to submit my application to the court......funny thing is that the Court made the Order the same day Cobbetts agreed to an adjournment.....well I got there first which I am happy.

I know I still have a way to go...but I am feeling a bit more relaxed now that I have enough time to prepare my case.

So far Blemain's costs and charges are approx £9,000.00
Cobbetts costs are £15,000.00
My arrears are approx £7,000.00

So I am going to have to fight as hard as I can with everything I can....as there is no going back now. I have been trying to settle matters with Blemain for over a year...they never accepted anything I had to say....so court it is from now.

[TUTTSI]

Re: Blemain Finance Possession Claim

What are they scared of.... mid you a suspended possession order means that you only have to miss one payment and they go for the jugular and will repo you without a secon thought. Another point how many months/years would £30 take to repay the arrears?

[jumper999]

Re: Blemain Finance Possession Claim

Blemains offer of a settlement are nothing more than a joke...basically asking me to withdraw my defence and agree to everything they want 100%....no questions asked.....how the hell can they claim that this is a settlement.....again thinking of themselves....well from now I am going to have to do the same and think for myself.

[jumper999]

Re: Blemain Finance Possession Claim

What are they scared of.... mid you a suspended possession order means that you only have to miss one payment and they go for the jugular and will repo you without a secon thought. Another point how many months/years would £30 take to repay the arrears?

I have approx 19 years of the loan with Blemain left...so not 100% sure Tuttsi.....and that is another thing...on my agreement Blemain have given themselves the power to vary the amount we pay and vary the amount of months left to pay....which can be classed as an unfair term......if they want they could make this loan go on forever as that is the power they have given themselves.....bit like the unfair interest rate term they have put in their agreement.