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

[Amethyst]

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

Posting on behalf of Newt76 (in lieu of starting a new thread)

Hi hope somebody can help me I was conned into getting a lone with Lancashire mortgages eight years ago for 29,000 now they are trying to repossess my house I owe more than £120,000 back despite all the payments of £555 a months over 8 to 9 years.

[suffering]

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

If only there was a straight forward answer. This is for anyone in the early stages. You have got to start building your case, right now! if you do not have a defence and /or counter claim, they win. And believe me they rely on you being intimidated and crumbling at the first hurdle. You will have ups and downs, but stay strong. It will end up in court and you must be prepared, a judge is basically a referee. A solicitor knows how to present your case. both will have opinions, and my experience is that some will just think you signed the agreement, you borrowed the money, now suffer the consequences. However others will listen to the facts surrounding the case and not only have sympathy for your situation but want to help, however, ultimately to help you, they need a law, a rule or a process that has been broken or not followed correctly. Don't dispare, don't give up, search and educate yourself and right here is a good starting point. You will have a better understanding of your case than anyone and its important to know where to concentrate on. Lancashire Mortgage Corporation / Blemain Groupe make mistakes plenty of them, your job is to spot them. First thing to do is send a SAR to them with £10 (search for a template and make it suit.) and ask for a clear and precise account break down, this may throw some light on a area of you account that you was not aware of. Whilst you are waiting for it to come write down all the events that lead to you taking out the loan and anything since. write down as many complaints as you can think of (i got over 40 when i put my mind to it) collect factual evidence i.e any paperwork, emails etc. The court allows you to file a witness statement which although has to be truthful does not need evidence to back it up, this allows you to present your case with mitigating circumstances, work on your story add things remove things until you are happy with it. I hope this is helpful.


"When you are going through hell, keep on going "

[suffering]

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

I would like to add; if you receive a claim for possession of property i know you will be filled with absolute horror and the reality will hit you like a ton of bricks! BUT what you have is a document that you can use, it is a good example of how you should lay out and headline your case i.e 1.about the loan 2. about the defendants etc.(dont forget to put in this section, that you know it has been reported, that the chief executive and sister company, LMC and Blemain, are regulated under Cheshire Mortgage corporation was heavily fined by the FSA for unfair practices. if you was not aware of that, then look it up ) also look up reported cases where blemain have lost, and see if you can draw comparisons. just google blemain V or Lancashire Mortgage corporation V and see what it throws up, as new cases are bound to be added. Lastley you are gonna feel very low at times you would'nt be normal if you did'nt, but keep going, look up laws i.e i am going for Unfair relationship 140 (its written in your contract at the bottom) and fraudulent Misrepresentation they aint gonna want to lose this case because if they do, they are rucked (rugby term sounds like) come on! gloves are off!

[figaro123]

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

Sufering is right, never give up, look at the loan application form carefully also the income and affordability document. They lent me 46000, claim they dont have the loan application form for that amount, and did not ask me to sign an income and affordability document saying i could afford the 1000 per month payback

[suffering]

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

i can beat that my signed at soliitors income and affordability certificate says £1040 per month my monthly repayments ........£6400 yes £6400 anyone know howmuch i would need to earn a year?

[figaro123]

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

Surely that would help any claim you may have for irresponsible lending

[suffering]

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

yep! irresponsible lending, abuse of process, reckless lending , in breach of their fidicalry duty & extortion if i can pull this off they are deep in the shit

[suffering]

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

Lancashire Mortgage Corporation = Predatory Lender

Definition of 'Predatory Lending' Unscrupulous actions carried out by a lender to entice, induce and/or assist a borrower in taking a mortgage that carries high fees, a high interest rate, strips the borrower of equity, or places the borrower in a lower credit rated loan to the benefit of the lender. As with most things of a dishonest nature, new and different predatory lending schemes frequently arise. so if you are blaiming yourself think again. In the USA customers are protected by laws against this type of lender

[figaro123]

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

I know I have Blemain on the back foot now, I can sense their panic

[Sickofbullies]

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

I strongly urge anyone who has had any dealings at all with this useless bunch to ask for a statement of all fees applied to their accounts since inception of their accounts-I did this and find that they made a 'mistake' which has amounted to a over calculation of fees on my account of over 10k- my solicitor also advises that this is the tip of the iceberg-and I am taking it further-they say they are taking me to court-so good let's have a showdown-watch this space!

[suffering]

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

Start preparing you counter claim now, because when the court papers come through the clock starts ticking and you have limited time to prepare

[suffering]

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

I,ll keep digging What is IMPOSSIBLE CONTRACTS?

An impossible contract is one which the law will not holdbinding upon the parties, because of the natural or legal impossibility of the performanceby one party of that which is the consideration for the promise of the other. 7 Wait, Act & Def. 124.Impossible contracts, which will be deemed TOid in the eye of the law, or of which theperformance will be excused, are such contracts as cannot be performed, either becauseof the nature of the obligation undertaken, or because of some superveningevent which renders the performance of the obligation either physically or legallyimpossible. 10 Amer. & Eng. Enc. Law, 170.



I would welcome any imput on this, put simpily i entered a contract to pay in exess of £6000.00 a month against a signed at solicitors income and affordability declaration of just £1044.19
anyone know of a case law?

[Sickofbullies]

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

I strongly urge if you have or had a loan with this company-asking for a complete breakdown of all charges over £30 I did and they tell me that I was overcharged to the tune of TEN THOUSAND POUNDS! which was 'Human Error'-I don't think I am alone.

[suffering]

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

Now it all starts again! approximately 9 months ago i had the wool pulled over my eyes so to speak, by a judge who seemed a little to cosey with blemains Barrister. I was told i was'nt allowed to file a counter claim because i had not followed the correct process. I paid good money to a Barrister who advised me the next chance i had was when i filed my witness statement. But it would be a slim chance of getting my point over. The events i just mentioned almost lead me to throw the towel in. I was in court again a few days ago and despite blemains in house solicitor (mr coleman of cantorlaw) trying desperatly to stop me, i won the chance to file a counter claim for Unfair Relationship and Fraudulant misrepresentation. The point i want to make is this, you can ask the court at any stage for permission to file a counterclaim, it is never too late. This stopped the original trial window which was Oct-Dec 2013 and a new one set for Jul-Aug 2014 giving me time to present my case.
Secondly if you cannot afford a solicitor you must follow this link or buy a good "Civil Proceedure book"
http://www.judiciary.gov.uk/Resource..._in_Person.pdf

[gallahad]

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

If the court has accepted a counter claim for unfair relationship that is a real breakthrough as it is not for you to prove but for them to disprove as i understand it.
G