Blemain Finance Possession Claim

[MIKE770]

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.

At least you have a paper trail to show What a Company Blemain are.

[MIKE770]

Re: Blemain Finance Possession Claim

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.

Was it not mentioned somewhere that a Judge could alter re-payments to suit, sure this was relayed somewhere on a thread, regardless of a contract>?

[jumper999]

Re: Blemain Finance Possession Claim

By the time this goes to trial Mike my paper trail will go around the wall of China....TWICE!!!!

[jumper999]

Re: Blemain Finance Possession Claim

Not too sure about that Mike...unless I get a judge similar to the one in Austraillia...like the one below: I wished the judges and courts here done things similar

The judges found lenders had acted inappropriately by engaging in "asset lending" - that is, lending money based solely on the fact that the loan is secured by an asset, usually a person's home, and paying little or no regard as to whether the borrower could afford the loan.

First Mac appealed against the decision and in December the judges again sided with borrowers, ordering that mortgages against two family homes be rescinded completely, and reduced by three-quarters in a third case. First Mac was ordered to pay court costs.

In light of those judgments, lenders such as Westpac are scrambling to settle with borrowers who claim to have been wronged. In many cases, hundreds of thousands of dollars are being wiped from mortgages.
In every court case heard, lenders had failed to make simple checks, such as calling prospective borrowers to verify their stated incomes or employment status.


http://m.theaustralian.com.au/news/i...-1226382076020

[jumper999]

Re: Blemain Finance Possession Claim

Looks like Blemain have improved their lending tactics:

http://www.loantalk.co.uk/featuredet...der_redemption

[PlanB]

Re: Blemain Finance Possession Claim

I still think Blemain should capitalize your arrears considering you've got plenty of equity in the property (the OP and I have been wrestling with this lender on another forum). It's digusting the way they're willing to add their legal costs to the loan for security against your property but not your arrears :rant:Your personal finances have changed dramatically for the better since they first issued proceedings over a year ago so they really ought to back off and settle this fairly.

[figaro123]

Re: Blemain Finance Possession Claim

Just to say I am also in a battle with Blemain, and will be seeking an unfair relationship. I wish you well

[jumper999]

Re: Blemain Finance Possession Claim

Thanks figaro....did you get the underwriting sheet from Blemain? if so how did you do it please?

[jumper999]

Re: Blemain Finance Possession Claim

I still think Blemain should capitalize your arrears considering you've got plenty of equity in the property (the OP and I have been wrestling with this lender on another forum). It's digusting the way they're willing to add their legal costs to the loan for security against your property but not your arrears :rant:Your personal finances have changed dramatically for the better since they first issued proceedings over a year ago so they really ought to back off and settle this fairly.

Hi planb..........I agree it is disgusting that they want to capatalize their costs and not the arrears.......and the consent order they wanted me to sign....just stated that I agree to let them add their costs to the security. No mention of how much their costs were or are to date............just a rough breakdown of approx £15k so far.

Maybe the best way forward now is in court.....that way I know that I will be able to put everything before the court and let them decide what is fair and not.

I admit I got in to arrears...but that was because circumstances were beyond my control.....and I have rectified my mistake by re starting payments over a year ago plus payment towards the arrears.

That is my mistake...........but the mistakes that Blemain have made and continue to make are endless.....one way or the other this will end.

I want to find out about the pilot scheme that Blemain were running with Ocean Finance in 2007 where Blemain claim that even though it was their policy to obtain information from self cert employers.....that they did not have to do this in my case. Basically they were trying something new at NO RISK to them and used us as guinea pigs.....by placing me at a risk by not asking my OH for proof of earnings....because if they did NO WAY would he have been granted this loan.

That is one mistake.....a VERY BIG one right from the inseption of the loan. Ocean Finance have confirmed in writing that they loaned SOLELY on my OH's self-employed earnings...........and they nor Blemain requested one single piece of documentary evidence to support this.

Blemain done a drive by valuation of my property in 2007 and valued it at 2007......I had approx £115,000.00 worth of equity at that time......now I am not sure.....
Thanks for popping in...as always xx

[jumper999]

Re: Blemain Finance Possession Claim

7 guest watching this thread!!!!!!

[PlanB]

Re: Blemain Finance Possession Claim

7 guest watching this thread!!!!!!

Now there are 8 You always were a box office hit on the other site op2:

I think you're right to go to court now because Blemain has had its chance to play nicely and they've blown it. They need a slap from the judge. I support you all the way to court and I might even pitch up on the day because Blemain have treated you so badly it makes my blood boil. I'd love to meet your 'interesting' family :wink:

You've now got time to line up all your ducks in a row. You've done extensive research and the next task is sorting through it to decide what will be relevant in court. I'm not sure how much you want to post on here but the fact that the Claimant has barred your co-defendant from this case doesn't seem right. Obviously with a joint loan both 'borrowers' (I hate the word 'debtors') are jointly and severally liable and a creditor can chase whomever they chose. But to actually bar the other party is plain weird.

[MIKE770]

Re: Blemain Finance Possession Claim

7 guest watching this thread!!!!!!

Probably staff training?

[PlanB]

Re: Blemain Finance Possession Claim

Probably staff training?

In-house or elsewhere ?

[MIKE770]

Re: Blemain Finance Possession Claim

In-house or elsewhere ?

Elsewhere = showing how not to do it like Blemain?

[jumper999]

Re: Blemain Finance Possession Claim

Now I am really confused.....

I wrote this letter to Blemain below:



Blemain Finance

Lake View
Lakeside
Cheadle
SK8 3GW


Account: Date: 31 January 2013

Dear Sirs,

Further to your letter dated the 3 January 2013 where you have advised that I do not need to send you my Income and Expenditure details if I continue to keep to the direct debit payments made each month.

I have been advised by your legal representatives Cobbetts LLP that I need to show and send my Income and Details to you and that of my husband as proceedings between us are still ongoing.

I have enclosed a copy of both my husband and my income and expenditure form with payments to my mortgage with Paratus and Council Tax as I was advised by your legal team Cobbetts on the 30 October 2012.

Please could you send me confirmation that you have received this information in writing within 7 days receipt of this letter.

Yours Sincerely


and today I have received a response from them........any comments would be appreciated as to what they think of Blemain's response.