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

[Ruby]

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

Just the news I was hoping to read! Everything happens for a reason and maybe, just maybe you will find a way to keep your home. At least you have some breathing space now xx

[Fred]

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

the Judge told Blemain during the hearing that they had acted disproportionately compared to the amount of equity in the house, and so I have been given 6 months!!!

Very much deserved congratulations as you have made common sense prevail, I hope you win the lottery too just for good measure...............please may I ask when your celebrations have died down if you could elaborate on the above comment or perhaps I have missed something direct me to further information. It is for genuine reason I ask meaning am not absolutely clear on what the Judges mindset was here ? :beagle:

[Crazy council]

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

if you could elaborate on the above comment or perhaps I have missed something direct me to further information. It is for genuine reason I ask meaning am not absolutely clear on what the Judges mindset was here ?

I can guess, a very detail set of financial rules came in 2010 around trustees in bankruptcy, these rule came after a number of judgements, but they could be considered, as general rules around finance in relation to hostile actions.

Basicaly, the more asset the person has in the estate ( equity in property ), the more judges seem to consider there interest. The lady above had massive assets, i suspect the judge would have done the same as long as she ad more than £ 20 k asset ( 10k claimed, 10k clear )

In bankruptcy, there are clear lines at 10% and 50%, toi give the bankrupt controll over the estate and charges.. Judges seem to be using these more and more in consideration when dealing with estates were there is asset left they are called sip 8 and 9 and the regulators publish copys of them.

one of the other interesting rules that came in with them, was proof of worth for hourly rate... Ie, the right to challenge them if they are charging you 500 pee letter.

Its just a guess,

[Scared123]

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

Sorry I've posted twice...

[Scared123]

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

Hello everyone,
I was so traumatised by the whole Court thing that I felt a bit shell shocked really, and I was horrified how Blemain had wanted to have us kicked out of our house in 6 weeks...
I have had a summary from the Duty Advisor who looked after me, and she has written:-
"At the hearing the District Judge made the following order - that the Claim for possession be adjourned until the first available date after 6 months, with the money judgement claim being adjourned on the same terms.
You will receive official notice of the order from the Court in due course."

I asked Shelter to write to Blemain asking them to leave me alone to get on with selling my house however today I received FOUR letters from Blemain - Two in the same envelope - dated 2nd September.

1) A reminder of Default notice giving me seven days to pay my arrears in full, failure to comply may result in possession proceedings.
2) A Notice of Default Sum - telling me they have charged me £50.00 arrears charge
An FCA Information sheet No:002 Default

A letter 'Notice of Arrears' which they state that they are required to "provide you with regular notices under the Consumer Credit Act 1974 where there are sums owing that you have not paid to us" Strangely they quote a balance which is lower than the last one (It was £10,307.80 and this one is £9,625.81) but they also quote the arrears...perhaps they add the two together, knowing them?
An FCA information Sheet No: 001 Arrears
3) Complaint Update....where they say "From our initial review, we understand that your complaint is about:
* The balance of your account
* Our collections activity"

Bl***y H**l !!!!! WHAT IS WRONG WITH THEM???????
This is what I sent them:-
"...COMPLAINT


Despite authorising Amanda Philips at Shelter to act on my behalf on 2nd. July and informing you, you have continued to send me reminders that I am in court with you, which you should not be doing. I have even received another letter from you today 29th August 2014.


Please can you stop writing to me because your multiple letters are putting undue pressure on me, when I am already doing the very best I can to resolve the situation, and I am finding your endless letters about legal action very intimidating and oppressive, which is having a dreadful affect on my Type 1 Diabetes and my mental well-being.


I have suffered from Type 1 Diabetes since an early age. Stress can cause havoc to blood sugar levels which can effect Diabetics in many ways. High blood sugar, for example, can cause blindness and low blood sugars can lead to death.


After advice from both the CSA and Step Change, I sent a letter on 27th November 2013 asking you to stop your excessively frequent telephone calls to me, and to remove my telephone numbers from your records.


In the apology letter you say that you only called 5 times. This is untrue. I was indeed called multiple times per day on both my landline and mobile telephone. In particular when I was cooking my supper around 7pm (which is a bad time for Diabetics because regular meals are important to keep blood sugar levels steady), the operator on the other end was notified about this several times, but the calls continued to happen. I also asked you not to telephone at times when my son was there as he was at school, and I did not want him to hear.


You have also, since deleting my telephone numbers, sent me several letters asking for me to give you my telephone number, which completely ignores what was agreed.

One call I got from you had me answer several questions, including what my outgoings and income were. In reply I told him that I had already answered the same set of questions the previous week. In response, the man at the other end, said ‘ok’ and put the phone down. After this, I called your office to complain and question why I should have been asked to go through the same set of questions.


After my telephoning several times to get an answer to my question, you eventually told me that you didn’t have any record of such a call.


This was deeply distressing and I felt compromised, but you still maintained that you didn’t know who had called. I believe that incident goes to illuminate the way in which you protect yourself, as no one would have known to quote ‘Blemain’ and to ask the exact same set of questions, so it had to be someone in your office. Apart from that ~ why would they?


I have found the overall attitude adopted by Blemain representatives to be rather aggressive. Indeed, when you gave me £50.00 compensation to compensate for rudeness and not following correct procedures, you even managed to get my name wrong on the form. This demonstrates again why I feel that you didn't show that you really cared, but that you knew you had to make it look like the situation was sorted, so that I would forget what had happened. This wasn't an isolated incident. Your staff have frequently been aggressive with me.


I have been told different things by different representatives.


For instance, before the end of last year, I was ensured by one of your representatives that you did not evict people from their homes ~ however, in the next post I got a letter about you taking me to Court for possession!


Also, when I telephoned to ask for you to refrain from further action, as I am doing the best that I can to sell my home and remedy the situation, the representative I spoke to told me that you take countless people to court every week for repossession., and that I was just one of many, which is a pretty aggressive and callous thing to state.


As I was able to pay you £1,000.00, at the time, I asked him if it would help the situation if I gave you any additional amounts that I may be able to due to my straightened circumstances.


I was told that you wouldn't accept smaller amounts as it wouldn't make any difference to you taking me to court for repossession. He told me that even if I had a buyer, you would not stop proceedings unless I could show proof that I was exchanging contracts. He said that you were going to proceed with the action against me no matter what I did.


I would have preferred to have been given the chance to at least do something, however small, about the debt although Step Change told me to pay you £1 per month, which is I have been doing.


When I was advised to pay you £1.00 per month, you mentioned this in your letter dated 6th June 2013 where you said you had “accepted my £1 payment”. You later wrote and said that you could not accept my £1 payment - however you have still been accepting my payments.

I summarise that Blemain Finances method of contact and method of collection are Aggressive, Unpleasant and Threatening ~ creating an Unfair Relationship towards me which is causing undue stress and pressure on my health.

The property is on the market with XXXXXXX Estate Agents.
Its original price was £XXX and at the beginning a family had wanted to buy it, but the sale had fallen through because they did not have the capital in place.


This year the price was lowered by £XXX in a bid to sell the house quickly, even though property market prices are on the rise, clearly showing that I have intent to sell as soon as possible, so that I can pay Blemain Finance and my other outstanding creditors.


£XXX is a sensible price for my house ~ indeed a similar sized house (but with a fraction of land) has recently sold in my village with the same Estate Agent for £XXX

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 not seeking 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.


I would like to point out that I originally received a cheque on 1st September 2010 for £19,000.00 and that I have, to date, paid £23,027.10


This means that you have already taken £4,027.10 which is just under 22 % in interest.


Blemain Finance are not losing any money in this loan.
I have conjectured that Blemain Finance are being unreasonable towards myself, when I am trying to sell the house to pay them off, because the property is clearly on the market, with a lowered price and I find Blemain Finance are using repossession not as a last resort.

Blemain Finance were unreasonable when a separate charge of £9,482.86 from XXX College was going to be put on the property but I was later told by XXX College that Blemain Finance had stopped them.


Since the house is on the market for £XXX, with a £200,000 mortgage and Blemain Finance with a balance of £10,307,80 at the time of writing, a £9,482.86 charge would not be too much on the house.


Together this equals £219,790.66 and when taken away from the house at £XXX would leave £XXX, which would leave me with more than enough money to pay you.


This is an unacceptable stance for Blemain to have taken, which has had the effect of causing yet more stress, which should have been averted.


The Bank of Ireland had no objections to the additional charge whatsoever.


There is no acceptable justification for your denial of my having a charge added to my house, when it does not, in any way, jeopardize your payment.

You have seemed to completely ignore my efforts to sell, resorting to repossession way too fast, and stopping other charges when you don't need to, while the Bank of Ireland clearly shows how, as a money lender, you should be behaving.


Your unreasonable actions have created an Unfair Relationship under Section 140A of the Consumer Credit Act 1974 towards me.


The process of borrowing the £19,000.00 was very confusing as it started with me applying for the money from Freedom Finance but when, at the point of receiving my cheque, I was told that I had not been dealing with Freedom Finance but Moneio Limited and also that I was taking the loan out with Blemain Finance not Freedom Finance, I was so desperate for the money that I voiced my confusion and concern to Freedom Finance about changing lenders to Blemain Finance, but accepted the cheque without finding out who Blemain really were.


On 3rd June 2014 your statement was that the balance owing is £10,134.50


As you have already received £23,027.10 and you have behaved in an aggressive and intimidating fashion, ignoring even, by your own admission, your own protocol, you have clearly taken advantage of my situation, using scare tactics which have worked in your favour to frighten me and lead to my ill health.


Being that I am in a dreadful financial position It would be kinder, instead of repossessing my home (despite my mortgage company helping me) that you stopped proceedings and accepted that my debt to you has already been paid..."

[Kati]

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

Oh Scared do you think if you forwarded a copy of your complaint (and I think it's great by the way - well done) to the courts it might make a difference?? Blemain seem to be totally disregarding what the judge decided, and just barrelling on however they want to anyway - ignoring an official ruling at the same time

I'm sorry I can be of no practical help in this - but I can offer a shoulder to cry on and all the emotional support you will need.

:_tighthug__by_darkm :hug: :grouphug:

Kati x

[Crazy council]

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

Hi scared...


Do you want me to have a go at writing the letter to blenham for you this weekend. I wil post it up, you add in the details... Lets have a go at targeting these fees and interest... balance there claims against you, with claims against them for stress and mismanagement.

Firstly, i must add, i know nothing about fees ( the others do ). But i do know lots about the processes. Attak this like a business plan.

Currnet fees 10k.. Target days for reduction 21 ( 14 for them.

Possible outcomes
1. Fee reduction if win
2. Trouble for blenham if you go through the regulators if you dont.

even no 2 is a slight win

[Ruby]

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

The 'Notice of Arrears' letter has to be sent out to any customer who has arrears on their account - this is now a regulation. They are being dreadful in charging you £50 a pop! I completely agree with Crazy Council.

[Scared123]

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

Thank you Kati, Crazy Council and Ruby!!!

I would so LOVE you to have a go at writing the letter to them Crazy Council ~ They have ignored everything I wrote to only think I was writing about "* The balance of your account
* Our collections activity" ....

[Ruby]

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

They have ignored everything I wrote to only think I was writing about "* The balance of your account
* Our collections activity" ....

More ammunition in the courts for you. They are giving themselves lots of rope to hang themselves with.

[suffering]

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

my experience with this outfit are they load you up with as much as they can in fees then use the excess as bargaining power, ie offer you £1000 off the loan to make it look good to the judge or if they think they may lose offer you a amount to silience you.

[ruthie59]

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

Hello Scared,

I have just come across your post and although I can't offer any practical advice I'd like you to know that you have my support along with all the other Beagles.

Ruthie x

[Sickofbullies]

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

How did the Court Hearing go?