BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

[Scared123]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

Wow that was quick - here is the Dropbox link for the Blemain Agreement and Default Notice

https://www.dropbox.com/sh/ru2tsgv2m...AvsDEPNva?dl=0

Thank you xxx

[pt2537]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

Ok well theyve rectified all of the defects in the default notice, so that point is no longer a ship worth sailing and looking at the agreement it is materially different.

ill have a good read through the agreement later

[Scared123]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

Oh no! I forgot the Default Notice...I'll do it again! Thank you xxx

[pt2537]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

ive un approved the posts as you left your personal details on them.

[Kati]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

I've got an income and expenditure from Step Change - will that do?

that's perfect . Now can you do as pt2537 has asked??

[pt2537]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

can you please type up clause 23 ffrom the loan agreement?

If im right, that clause should be the clause they rely upon for charges, there is a case i am involved in with blemain at the minute and we are looking to challenge the fairness of their charges. if clause 23 is the same then you may and i stress MAY be able to challenge the fairness

also please if you can let us see the default notice they served you, its quite important as again the notice in this other case is bad

please remove all personal details first.

[Scared123]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

I've got an income and expenditure from Step Change - will that do?

[Kati]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

Have you done an Income and Expenditure sheet?? If you take one with you to court, it will prove to the judge that you can only pay so much towards the debt and might help out a bit :tinysmile_grin_t:

I've got my fingers crossed for you xxxx

[Scared123]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

I am trying to work it all out, but I have asked them several times to stop charging me interest, but I first got into difficulties a few years ago and because of the length of time, they say that their charges are there to stay...but they are charging me £50 a month and I only get £51.00 a week. ..
Tell me, I am most concerned that, because my earnings are almost non-existant and the depression/Diabetes is making things unbelievably difficult...I have been paying them £1 a month, which they have not sent back, I don't know how to sound reasonable as £1 is all I've got...and that is one more pound off my food money...I have nothing of any great value to sell to keep them happy any more...I keep trying to earn money but everything keeps falling flat and I am so worried about how to explain this to the judge...any suggestions?

[suffering]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

Did you check the charges on your account, as blemain are quick to remove them when questioned about them. Also if you do not have sight of the charges fees etc it could be argued that you are unable to comply a proper defence because blemain have not supplied you with the information (reason for ajournment?) please let us know how you get on and good luck

[Kati]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

So, ideally you want the judge to decide that Blemain hold off on the repossession - allowing you to sell your house and therefore pay off your debts??

As Amethyst said, you need to take an Income/Expenditure form and a 'witness statement' in to the hearing. Have you got either of these?? If not, could you feasibly do them??

If you post up anything you need help with (no identifying bits) I'm sure lots of people will be more than willing to help out over the next couple of days.

Kati x

[Scared123]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

I am in debt because I lost my contract with BBC (I am self-employed) a few years ago and have been struggling ever since. I live with my son who is 17 years old. We live in a village with no buses or shops - the nearest is a 4 mile drive away. I have reduced the price of my house this February because it has very low ceilings as it is the Tudor house I grew up in, and so it's not for everyone...although I thought it would have sold by now. However, there is enough Equity in the house that Blemain will never not get paid. Last September my income reduced to £51 p/w working tax credit and I have coped by selling all my possessions that I can and my son is working for a local tree surgeon (who picks him up for work) but it is infrequent work. I am a Type 1 Diabetic and I have a letter from my doctor for the court to read, as the pressure Bleamin have put me under has now made it very hard to control my blood sugars and I am now also on anti-depressants. I also have a letter from my mortgage company supporting me as my son's job is just managing to pay the mortgage and rates every month.
I sent this to Blemain:-
"My mortgage on the property is with The Bank of Ireland. The total arrears with them stand at £2,754.16, but since they see that I am ‘actively marketing the property’ they are not taking any further action.



The Bank of Ireland have a much larger stake in the property than you do and a larger amount of arrears but they are notseeking repossession, and when I told them about yourselves, they have provided a letter for the court in my defence.



The Bank of Ireland went a considerable amount of time without receiving a payment, but they did not threaten repossession since the house was on the market and they could see I was willing to sell.



The reason the Bank of Ireland didn't get a payment from me was because you scared and frightened me so much, that you became my priority to pay before my mortgage, which is why you have received several not inconsiderable lump sums over the past year or so.

This is not a fair relationship."
Amethyst thank you so much for helping me

[Amethyst]

Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

Okay you mention your estate agent - does that mean your property is on the market ?

Have you submitted any witness statement or information to the court ahead of the hearing ?

If not try and get something written down - say that you want to spread the arrears over the rest of the term of the loan and take you IE sheet to show that is viable, and that is he orders possession that it is suspended for six months as your property is on the market and the loan can be repaid at that point as you have XXX equity etc.

Do you have anyone else that lives with you ? Outline the amount of hardship losing the property to reposession will cause you and that it will mean you will be unable to buy another house and unable to rent because of your credit file so will become a burden on social housing etc.

Don't discuss the unfairness of the loan too much we can look at the agreements and whatnot later. But do detail how much the loan was, how much you have paid back and if you have statements the amount of charges blemain have added to the account over the years.

I'm sorry I can't help more I'm away for the whole weekend from 8 tonight but there;s lots of people who will hopefully pick up and expand on what I have said and help you write a simple witness statement to take into court with you to give to the judge before the hearing. If he won't accept it then (as it is meant ot be in 14 days prior) then you can read from it during the hearing to help you remember your points and arguments why reposession is an unfair outcome.