Blemain Finance Possession Claim

[jumper999]

Re: Blemain Finance Possession Claim

Thanks figaro123....................just preparing my witness statement and yesterday I posted off the further particulars the court asked. Just hope that they are alright.....as I am sure I did not have a clue to half of the things I wrote in there...lol.

[jumper999]

Re: Blemain Finance Possession Claim

I have now received a reply to my Part 18 and still not any wiser than I was when I sent it.

I sent one question in my part 18....."Blemain have added £7,064.85 in legal costs to the loan agreement"

a. How have these legal costs been calculated?

b. What to these legal costs relate to?

c. How can Blemain add legal costs to the loan before a Court has decided if they are entitled to them or not?

This is the reply they sent.

Under clause 14 of the mortgage conditions and clause 2 of the t's & c's they are entitled to add these.

They then quote "The contractual terms reflect the established position at common law, pursuant to Gomba Holdings UK Limited v Minories Finance Ltd (No 2) [1992] 3 WLR 723, and under the Civil Procedure Rules, pursuant to CPR 48.3 PD Para 50.

What I should have asked is a detailed and full breakdown of these legal costs.

[jumper999]

Re: Blemain Finance Possession Claim

I also asked about Blemain's interest rate:

Under what circumstances would the interest rate reduce?

Their response:

The interest rate would be varied in accordance with clause 4 of the terms and conditions of the loan agreement ( Term 4: THE LENDER MAY VARY THE RATE OF INTEREST PER MONTH (AFTER ANY FIXED PERIOD) FROM TIME TO TIME TO TAKE ACCOUNT OF ACTUAL OR EXPECTED CHANGES IN MARKET CONDITIONS AFTER GIVING THE BORROWER NOT LESS THAN 7 NOTICE IN WRITING) The Claimant is a secondary lender, which must borrow funds in order to finance its loan agreement with individuals. The cost of funds to the Claimant is an influential factor in the Claimant's setting the interest rates under its loan agreement with individuals..

That is strange as I have a from Blemain sent Jan 2013....and they state:

OUR INTEREST RATES ARE CALCULATED IN PROPORTION TO OUR OWN FUNDING COSTS AND THEREFORE WILL NOT INCREASE OR DECREASE IN LINE WITH ANY OTHER INTEREST RATES ON THE MARKET SUCH AS THE BANK OF ENGLAND.

On one hand they say they will take in to account market changes then on the other they say they won't....now how misleading is that? Blemain have never advised me how they track or base their interest rates on.......and I do not have a clue how it is tracked....totally an unfair term.....and the UTCCR 1999 in my opinion can override a lot of unfair things that they have done.

Another thing I have received from them in a big bundle along with my Part 18 is documents which they have edited.....and I have proof of that.....

[jumper999]

Re: Blemain Finance Possession Claim

This is the letter they sent me yesterday:

We refer to your letter dated 2 May 2013.

It seems you wish to augment your Defence. If so, you should serve a draft Re-Amended Defence for our consideration. You cannot re-amend your pleading in correspondence.

Whilst writing, we enclose herewith our client's response to your Part 18 request of March 2013.

We enclose also, in accordance with our client's continuing duty of standard disclosure, copy correspondence relating to arrears, charges and buildings insurance. We trust you do not require a supplemental disclosure list. Please confirm.

Well all I can say that I am not impressed at all with the response to my Part 18......and the judge agreed that I could send a letter explaining the errors they wanted to strike out...but obviously they do not want to accept what I sent.....and will wait to see what the court order states when I get it. I am wandering what the Barrister told Blemain after the Directions hearing....as clearly the judge did not allow them to strike out my errors made in my Amended Defence.....and they now want me to serve a Draft Re-Amended Defence....crazy crazy stuff all of this is.

[jumper999]

Re: Blemain Finance Possession Claim

The first Letter below is what came with Blemain's letter....see if you notice the difference between the 2 letters?

Only thing I have removed are my personal details.

[jumper999]

Re: Blemain Finance Possession Claim

Some interesting points in the link below:

http://www.propertylawuk.net/mortgag...sioncosts.html

[jumper999]

Re: Blemain Finance Possession Claim

Looks like Blemain have had their licenece re-newed after almost 2 years......but looks like some names have been removed from their company....I wonder why that it is?

http://www2.crw.gov.uk/pr/default.aspx

Event Details

Licence Details:

0032328	Current	Blemain Finance Limited

Event Details:

45	Notification	09-Apr-2013	10-Apr-2013	Completed

Licence Event Details:

Role	Name	Action
Officer	Bailey	Removed

Address Type	Address	Action
Correspondence	Lake View, Lakeside, Cheadle, SK8 3GW	Added / Retained

[jumper999]

Re: Blemain Finance Possession Claim

Quite a few removed I see! wonder what storm is in the making?


Event Details

Licence Details:

0032328	Current	Blemain Finance Limited

Event Details:

44	Renewal	04-May-2011	12-Mar-2013	Completed

Licence Event Details:

Role	Name	Action
LICENSEE	Blemain Finance Limited	Added / Retained
Officer	Adrian Joseph Grant	Removed
Officer	Gary Bailey	Retained
Officer	Gary Beckett	Removed
Officer	Gary Derek Beckett	Retained
Officer	Henry Neville Moser	Retained
Officer	Marc Richard Goldberg	Retained
Officer	Mr Marc Richard Goldberg	Removed
Officer	Stephen Baker	Removed
Officer	Stephen Paul Baker	Added
Officer	Tracey Bailey	Removed

Address Type	Address	Action
Correspondence	Bracken House, Charles Street, Manchester Central, Manchester, Greater Manchester, M1 7BD	Added / Retained
Principal Place Of Business	Lake View, Lakeside, CHEADLE, SK18 3GW, UK	Added / Retained
Registered Office	Lake View, Lakeside, CHEADLE, SK8 3GW, UK	Added / Retained

Trading Names:

Name	Action
Blemain	Retained
Blemain Finance	Retained
Blemain Finance Direct	Retained
Blemain Group	Retained
Blemainfinancecustomers.co.uk	Added
Direct Finance	Retained

Categories:

Category	Action
Consumer credit	Retained
Consumer hire	Retained
Credit brokerage	Retained
Credit reference agency	Removed
Debt adjusting/counselling	Removed
Debt collecting	Removed

[jumper999]

Re: Blemain Finance Possession Claim

I notice that Tracey Bailey has been removed.....strange as she gave a witness statement in my case in October 2012....and wander what the OFT have done this.....no doubt we will all find out soon enough.

That's 5 people that have been removed from Blemain by the OFT.

[jumper999]

Re: Blemain Finance Possession Claim

4 directors have been removed..Adrian Grant .Stephen Baker, Gary Becket, and Marc Goldberg.....Tracey Bailey is the underwriter for/was for Blemain....whose name has also been removed.

BLEMAIN FINANCE LIMITED DIRECTORS



Directors and Company Secretaries

Tracey Bailey
28 Apr 2006 ⇒ 3 Aug 2012 (6 Years )	Director
Gary Bailey
14 Sep 2006 ⇒ 6 Sep 2012 (5 Years )	Director
Stephen Baker
2 Jul 2008 ⇒ Present day (4 Years )	Director
Keith Barnacle
10 Jan 1994 ⇒ 24 Apr 1995 (1 Year )	Company Secretary
Stuart Bean
5 Jun 2008 ⇒ 3 Aug 2010 (2 Years )	Director
Gary Beckett
15 Jun 2000 ⇒ Present day (12 Years )	Director
6 Aug 1998 ⇒ 5 Apr 2006 (7 Years )	Company Secretary
Marc Goldberg
11 Mar 1998 ⇒ Present day (15 Years )	Director
Adrian Grant
29 Jul 1994 ⇒ 7 Aug 2012 (18 Years )	Director
Christopher Hacking
1 Sep 2000 ⇒ 7 Nov 2001 (1 Year )	Director
Andrew Lawton
5 Jun 2008 ⇒ 3 Aug 2010 (2 Years )	Director
Rosalind Moser
before 17 May 1991 ⇒ 31 Jan 1994	Director
Henry Moser
before 17 May 1991 ⇒ Present day	Director
Barrie Pollock
before 17 May 1991 ⇒ 10 Jan 1994	Company Secretary
before 17 May 1991 ⇒ 31 Jan 1994	Director
Colin Punshon
29 Jul 1994 ⇒ 16 Jun 1998 (3 Years )	Director
Martin Richards
24 Apr 1995 ⇒ 6 Aug 1998 (3 Years )	Company Secretary
6 Aug 1998 ⇒ 1 Sep 2000 (2 Years )	Director
Matthew Ridley
5 Apr 2006 ⇒ Present day (7 Years )	Company Secretary
27 Jul 2007 ⇒ 3 Aug 2010 (3 Years )	Director
David Seabridge
3 Sep 2001 ⇒ 1 Nov 2002 (1 Year )	Director
John Smith
15 Jun 2000 ⇒ 29 Jan 2001 (7 Months )	Directo

[Sparkie1723]

Re: Blemain Finance Possession Claim

Hi jumper
Goldberg and Becket have not been removed ....they have had their name removed uner one neme ....................and then retained under the name they wish to be known by.

Sparkie

[jumper999]

Re: Blemain Finance Possession Claim

Thanks sparkie...but it does read :

Officer

Gary Beckett

Removed I know there are two Becket's Officer Gary Derek Beckett Retained and Marc Goldberg Officer Mr Marc Richard Goldberg Removed

[figaro123]

Re: Blemain Finance Possession Claim

Do you think they will continue trading as Blemain Finance ltd

[Sparkie1723]

Re: Blemain Finance Possession Claim

Thanks sparkie...but it does read :

Officer

Gary Beckett

Removed I know there are two Becket's Officer Gary Derek Beckett Retained and Marc Goldberg Officer Mr Marc Richard Goldberg Removed

Hi jumper
I could be wrong but I think you will find that the name Gary Beckett has been removed as each Officer has to make known the name he uses .......he canot use two...........I have come across this a few times and most of the time it is the OFT's error missing out and not reading applications properly .....now they are paying more attenetion and correcting their mistakes.

Sparkie

[jumper999]

Re: Blemain Finance Possession Claim

We will have to sit tight and wait now......to see what the OFT have done and why.....maybe another headline is coming soon....and some very hefty fines for Blemain are just around the corner. Look what happened to Henry Moser with the FSA and Cheshire Mortgage Company..

Sparkie....no matter about the names....fact is that Directors have been removed and I am sure many of us Want to know why....and soon will find out why.