Blemain Finance Possession Claim

[jumper999]

Re: Blemain Finance Possession Claim

Blemain have asked me to call their Collections Department within 7 days of their letter and at the bottom they state that they look forward to hearing from me as a matter of urgency.

Now I know that Cobbetts are Blemain's legal representatives.....and they are the Claimant.........so why would I now be needing to contact them directly? OK they could say that this letter is a generated letter as it is quite similar to the last one....but then again it is not as this letter is a response to what I wrote them so it can't be a generated letter plus it is also signed at the bottom.

The last letter I received from Blemain where they stated something similar.....my solicitor sent to Cobbetts and they replied that it must have been sent by the Collections department who may not know fully the circumstances of the case.

Well OK if that is true, then as I am the Defendant in the proceedings then I should not be contacting the Claimant (Blemain) directly anymore. The last time I did was on the advice of my solicitor who I am no longer asking to represent me.

I could forward this to Cobbetts but I know that they will say again...that it must be a mistake by the Collections Department.

This recent letter that I can continue to pay £30 towards the arrears until they are cleared....if so....why are there proceedings still ongoing?

Bloody weirdo's..........

[jumper999]

Re: Blemain Finance Possession Claim

I don't see why I need to contact them by phone anymore,.......maybe I will write to them and ask that all communication be done in writing as proceedings are ongoing and I need to keep a paper trail...plus if it is that important the Blemain should put in writing what they want to discuss.....would anyone agree?

[PlanB]

Re: Blemain Finance Possession Claim

I don't see why I need to contact them by phone anymore,.......maybe I will write to them and ask that all communication be done in writing as proceedings are ongoing and I need to keep a paper trail...plus if it is that important the Blemain should put in writing what they want to discuss.....would anyone agree?

I agree. Hands up everyone else who agrees :clap2: Judges read the Trial Bundle not people's minds or listen to *hearsay* evidence. This case is in the High Court so every step matters from now on. I'm still not sure why it's in the High Court but we've got time to explore that issue.

I'm back on your case J999 (ooops I almost said T999 out of habit) and I know you can do this :hug:

Plan B x

[figaro123]

Re: Blemain Finance Possession Claim

Hello I made an application to the court for the underwriting sheet (CRP31.16), as despite several requests and several months they did not give me that document even though I was entitled to it under my SAR. Cantor Law sent me the document one day before the hearing, clearly they knew I was going to have my application accepted.

[pt2537]

Re: Blemain Finance Possession Claim

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

A request for disclosure, if not forthcoming then apply for an order compelling dislcosure

you need good reasons though

[figaro123]

Re: Blemain Finance Possession Claim

if it is of any help i can attached my application to the court so you have something to work to

[jumper999]

Re: Blemain Finance Possession Claim

Thanks Figaro that would be most helpful

[jumper999]

Re: Blemain Finance Possession Claim

A request for disclosure, if not forthcoming then apply for an order compelling dislcosure

you need good reasons though

Thanks Paul I do believe I have good reasons

[MIKE770]

Re: Blemain Finance Possession Claim

issue.
Webb² and Blemain³ in the Technology and Construction Court (TCC)
As the name suggests, the TCC is an unusual trial forum for disputes of this kind. At the beginning of the (Webb) judgement the Judge referred to the claims as “exceedingly modest” (paragraph 3). In the earlier 2012 case of West Country Renovations⁴ the TCC made it clear that cases worth less than £250,000 should not be commenced there and, if they were in future they would normally be transferred away to a County Court or regional District Registry. These TCC decisions are unlikely, therefore, to be a realistic guide to the treatment of future, similar cases in other forums.
Standard of evidence


Lexology to-days issue?

[MIKE770]

Re: Blemain Finance Possession Claim

After looking at cases regarding Blemain, = it would seem at the end of the day they settle out of court, this is to try and avoid case history against them.

[jumper999]

Re: Blemain Finance Possession Claim

Thanks Mike......I think the same too....as all it will take is one judgment against them to succeed....I mean Bentley nearly got there and my case has a lot of similarities to him......only time will tell....

[MIKE770]

Re: Blemain Finance Possession Claim

Thanks Mike......I think the same too....as all it will take is one judgment against them to succeed....I mean Bentley nearly got there and my case has a lot of similarities to him......only time will tell....

Bentley was one case I read and thought it looked somewhat familiar to yours.

[PlanB]

Re: Blemain Finance Possession Claim

Blemain have asked me to call their Collections Department within 7 days of their letter and at the bottom they state that they look forward to hearing from me as a matter of urgency.

Now I know that Cobbetts are Blemain's legal representatives.....and they are the Claimant.........so why would I now be needing to contact them directly? OK they could say that this letter is a generated letter as it is quite similar to the last one....but then again it is not as this letter is a response to what I wrote them so it can't be a generated letter plus it is also signed at the bottom.

The last letter I received from Blemain where they stated something similar.....my solicitor sent to Cobbetts and they replied that it must have been sent by the Collections department who may not know fully the circumstances of the case.

Well OK if that is true, then as I am the Defendant in the proceedings then I should not be contacting the Claimant (Blemain) directly anymore. The last time I did was on the advice of my solicitor who I am no longer asking to represent me.

I could forward this to Cobbetts but I know that they will say again...that it must be a mistake by the Collections Department.

This recent letter that I can continue to pay £30 towards the arrears until they are cleared....if so....why are there proceedings still ongoing?.

That's a good question. I've read that letter from Blemain's collections team in post # 135 and they have accepted your offer to pay the contractural instalment plus £30 per month "until the arrears are cleared", and it also says if you fail to keep up with the agreement "litigation action may recommence". You've made an offer, they've accepted it, you're paying it.

What I don't know is whether £30 per month would be enough to clear the arrears during the remaining life of the loan (£19 years?). This matters because in Cheltenham & Gloucester vs Norgren the court decided that sort of deal was good enough to stop a respossession. You need to get out your calculator and work out what you need to pay and offer that if you can afford it. You and I both know a mortgage adviser called mgfboy on another website which deals with debt and if you PM him I'm sure he'd help. The question to ask is: "how much would the monthly payments be to clear a loan of £9k (the arrears amount) over 19 years (length left on your mortgage) at an interest rate of 8.9% (whatever it is)". Or ask him to direct you to an online calculator to do the maths. The lender will expect this elemant of your mortgage to be on a repayment basis not interest only.

The good news is that Blemain letter is not headed *Without Prejudice* so you can show it to the Judge if necessary.

I'm a cynic and I think Corbetts solicitors are milking this case for their own legal fees even though it seems you may have reached an agreement with the lender and the claim could be stayed indefinitely (they won't discontinue because they'll want to keep you on your toes). The fact that the solicitors want you to agree to a consent order where their fees are added to the loan as security against your home, but not willing to capitalize your arrears stinks. But solicitors can only do what they're instructed to do by the client which is Blemain. If Blemain instructs them to put this case on hold then they have to do as they're told.

So if it was me I'd happily enter into negotiations with Blemain (in writing) to settle this. Another part of me wants you to have the court victory you crave which will be more likely if you have legal represenation at the Trial. Let me see if I can come up with any ideas on how to get you a pro bono barrister for the gig :confused2:

[jumper999]

Re: Blemain Finance Possession Claim

Thanks planb....for that....

On the 18 December 2012 I sent the FSA a very strong complaint against Blemain and today I have received a response....I recieved one last month as I sent it to the wrong person but my complaint was forwarded...in this response you will see that the FSA state that they do regulate Blemain.....if that is true which I need to find out 100% for sure then that will be very good and more weight to my case against Blemain.


Here is what I received today:


Our Refxxxx


Dear Jumper,

Thank you for your email of 18 December 2012. I apologise for the delay in responding.

I understand from your correspondence that you have a dispute with Blemain Finance. If you are unable to resolve your dispute by discussion with the firm then you may wish to make a complaint against the firm.

The Financial Services Authority (FSA) is an independent regulator which means that we are unable to investigate individual complaints. However, if you wish to pursue a complaint against a firm that we regulate, such as Blemain,(DOES THIS MEAN THAT BLEMAIN ARE REGULATED BY THE FSA? SOMETHING THAT NEEDS INVESTIGATING FURTHER) then please see the link below to the guide provided by the Financial Ombudsman Service, as this is the appropriate body to deal with complaints against the firms we regulate. The Ombudsman is the independent service for settling disputes between businesses providing financial services and their customers.
www.financial-ombudsman.org.uk/

I have also provided below a link to the guide 'Making a complaint', which provides information on the complaints procedure, including contact details for the Ombudsman.

www.moneyadviceservice.org.uk/publications#if_things_go_wrong

I note that you say that you will be going to court in respect of your dispute. If this is the case then the Ombudsman may not be able to assist. I would strongly suggest that you discuss the matter with the Ombudsman to see if it can assist you.

In your email you mentioned Cheshire Mortgages. If you have a complaint against this firm then the complaint process is exactly the same.


If you have any future questions on financial services and products, you may find it quicker and easier to call our Consumer Helpline on 0845 606 1234 (call rates may vary).

I wish you the very best in reaching a positive resolution.


Yours sincerely

Tim Mulholland (Mr)
Customer Contact Centre
Financial Services Authority
Consumer Helpline: 0845 606 1234 (call rates may vary)
www.fsa.gov.uk/pages/consumerinformation

[jumper999]

Re: Blemain Finance Possession Claim

I have sent a reply to the FSA asking specific questions....hopefully they will be able to answer the questions I have sent and I will post up once I get it.