Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read here

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

Without Prejudice Save As To Costs Letter, with a gagging clause, Thankyou for raising this important point. Basically they load your account up with charges, costs, with interest on top, and probably get away with it 99% of the time, however, if someone challenges them they use these scandalous charges as a bargaining power, and most people will cave in at this point. Remember everything this company does relies on fear, they want you to think this is the best offer you will get, but they fear the courts and bad publicity even more. That is why they offer these out of court settlements, with a confidentaility clause to stop other people finding out about their devious ways. most will take the offer rather than risk losing, but you are only getting what is rightfully yours and a lot less than you would get, if you won. Even solicitors will claim they have got a victory at this stage but its crap! a con and the blemain rip-off machine needs to be stopped. I believe the courts know this company and know their poor reputation. People who don't know one of the many trading names of the Blemain group were aware of a dodgy ripoff loan company from Manchester, thats probably why they moved to cheadle.

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

Now to answer your question, Has anyone else ever received these 'offers' prior to a hearing? Yes they have just offered me £50,000 and they can shove it up their rr's! Yes you read it right £50k thats what they charged me just in renewal fee's.( just to be clear they have not offered to give me £50 but to retract the unfair charge )

[StuartT]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

Thanks for your reply. I'll let you know how I get on at the hearing next week. :tinysmile_twink_t2:

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

go to this web page and print it off http://www.fsa.gov.uk/library/commun...2012/110.shtml hand it to the usher when you arrive at the court and ask him to give it to the judge explain this is the sister company and they use a loophole to regulate blemain via cheshire mortgage corporation therefore cannot be investigated or held to account in the same way ( it is better to put this in writing) the judge will have a better idea what sort of company he is dealing with. you are allowed to do this because it is in the public demain.
also you may be approached by their solicitor prior to going in Do not discuss anything with him as he will be straight on the phone to cantor law for, directions. Good luck

[StuartT]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

Thanks!

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

This nightmare is coming to a head in two weeks i will face Lancashire M. C. and they have brought in a london barrister to fight their case. I will be acting for myself as litigent its going to be a tough ride. I have just been looking over the account breakdown and noticed they have been adding charges for legal costs and barrister fees etc and adding interest on top, even though costs are reserved for the hearing judge to decide.

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

lancashire Mortage Corporation if you are reading this thread; Read this;Financial Services and Markets Act 2000

Section 397 provides for two criminal offences concerning misleading statements and practices. Persons found guilty of either of these offences may be subject to a maximum of up to 7 years imprisonment or to a fine, or to both.
SECTION 397: MISLEADING STATEMENTS AND PRACTICES

[StuartT]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

I made something of a 'schoolboy error' in concentrating on getting together all my paperwork for the hearing, and was confident that Blemain's case would be thrown out on the basis that they had not informed me for 6 years that they were alleging an outstanding balance.

I was up at 5am on the day of the hearing, still making sure everything was in order. However, I couldn't find the letter from the court with the time on it for the hearing. I had always believed it was 11:30.

At 9:45 I was so worried I rang the court to check. By the time I got through at 10:05 they said the hearing had started at 10:00, but they would pass on my message to the District Judge.

I then realised that my original hearing (6 weeks earlier) was at 11:30, and that was why in the back of my mind I had that time. The District Judge acknowledged this and my instruction from the Court Manager's letter was to apply to have the judgement set aside. However the cost was £155, so I had to wait until I was paid again on 31 July to do this.

I informed Blemain that I intended to do this, and have submitted the application accordingly. However, they wrote to me on 30 July to tell me I had breached a court order and they were seeking to 'enforce the order'.

It seems that they like sending out letters for the sake of it.
I'll keep y'all updated! :tinysmile_twink_t2:

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

was a court order made on the day. if so what did it say. also i dont know what your defence was but i believe monies owed over 6 years can be written off please dont quote me on it but look into it,
Under the Limitations Act 1980 a creditor has six years to chase most unpaid debts, or twelve years for some mortgage shortfalls. This ‘limitation period’ starts from the time of your last payment, not the total length of time you’ve been making payments. If a court judgment (CCJ) has been registered against you before the limitation period has passed it can be enforced at any point. There is no limitations period for a CCJ. There’s also no limitation period for debts owed to the Crown such as income tax.
When can The Limitations Act 1980 be used?

The act states that when ALL of the following conditions are met a debt cannot be enforced:

• The creditor has not registered a County Court Judgment (CCJ) against you
• You (or with joint debts, you and the other person) have not made a payment in the last six or twelve years
• You have not admitted the debt in writing in the last six or twelve years

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

I am acting as a litigant in person and i have come across this helpful site http://www.bushywood.com/skeleton_ch...gy_bundles.htm

[StuartT]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

Unfortunately Belmain raised the issue 3 months short of it being 6 years since I had repaid the loan. They wrote to me alleging arrears in November 2013, my final payment to them was in February 2008.

The order granted was an 'Order for Possession', but had some very odd wording:
"... gives the Claimant possession of x . . . on or before 29 July 2014"

"... the claimant recover against the defendant the sum of x for debt and interest . . . which is not to be enforced without leave"

Has their possession order expired?

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

first question was this regulated
secondly did the send a default notice if so when

[StuartT]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

I'm not sure if it was regulated, but I think it was as some of the documents refer to the Consumer Credit Act.

I'm not aware of receiving anything which talks of a default.

[suffering]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

if you have the loan agreement it will say it on it. its important because you have more rights if is regulated and there are certain rules that the lender must follow. i.e sending out default notices. They were known to have sent out non-complient default notices. so look into it. you can find more information if you look back through threads by "Welshperson"

[cul8rm8e]

Re: Blemain / Lancashire Mortgage Corporation Got problems? want to fight back read h

Hi
i stumbled upon this thread accidentally and possibly have some useful info for all. I am a director of a financial services company and have previously worked in compliance, so my knowledge is very good in relation to regulation.
If blemain encouraged you to repay your mortgage by way of loan, this then makes the agreement regulated. If they arrange a loan on a property that has no existing mortgage, hence a first charge, this then also becomes a regulated mortgage contract. Whatever there paperwork says, the above is true in all respects. You can contact the FCA to investigate and validate, and you can inform the ombudsman, who will then have to treat it as any other complaint. Always remember the ombudsman is back logged with work and you need to have all facts on submission. I have just assisted a client in obtaining the maximum award of £150,000, after they originally would not entertain the complaint.

What if a first charge loan was taken out to build a new property on land that was owned outright with no mortgage on it?