• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Blemain Finance Possession Order

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Blemain Finance Possession Order

    Good Morning
    This is a long and sorry tale but I will make this as brief as possible. All of the facts are true as there is no point in me asking for help on the basis of untruths. In October 2006 we ran into problems with our main mortgage lender, I was self employed and had been out of work. They advised that they would go for a possession order, me being stupid I assumed they were going to be able to take our home so I approached Ocean finance, I told them our circumstances but was told that we would have a better chance if we applied for a home improvements loan which we did. We were landed with Blemain and hefty arrangement and brokerage charges. We borrowed £13000, all of which went to our main lender. I was stupid enough to sign up to 180 months at £176 per month. You don't need to be a genius to work out that I am due to pay back over £30k. On top of that we have been charged for insurance that we did not need, bombarded with regular letters and have basically been in dispute with them for a considerable length of time. The story has now gotten much worse, following a long illness my wife suffered major surgery during late summer and has suffered post op problems. I have had to lose time from work and as I am self employed this has cost me money. I have run into arrears with to around £900. I resumed normal payments last month with an amount to arrears. I arrived home yesterday to find my wife in pieces as we have received a "Permission to issue a warrant of possession granted notice from the county court". We had absolutrly no idea this was going ahead, there was no notification from the court or from Blemain. Consequently we did nit attend and nor did a representative from Blemain. How do I fight this please. There is no detail of evidence and nothing else just the notice. Can they kick us out for arrears of £900. I have been in constant contact with them via email but they fail to engage.

    SO far we have paid them over £20k for a £13k loan which I now know we didn't need as I could have made an arrangement with my mortgage lender. I am desperate please as my wife now thinks we will have bailiffs at the door in teh next week or so.
    Tags: None

  • #2
    Re: Blemain Finance Possession Order

    Good morning,

    Have you had any notification as to what happened on the day of the hearing other than
    the warrant advice?

    I suspect Blemain had filed the application with the court and as no challenge was made
    to it the judge has granted the warrant for possession.
    You need to contact Blemain asap and tell them you had no knowledge of the application,
    and find out what their intentions are.
    I suggest the best way of contact at this point is telephone (if you can record the call) if not
    take careful note of what is said.
    Blemain has been known to hang on to warrants if any payment plan including an amount
    for arrears is in place and is being maintained.

    nem

    Comment


    • #3
      Re: Blemain Finance Possession Order

      Hi
      Thanks for coming back to me, there was nothing at all regarding what happened or any submissions. The document received indicated that they did not attend and neither did we. We couldn't as we had no idea they were going to court.

      Can they evict us please or can we get them back to court

      Comment


      • #4
        Re: Blemain Finance Possession Order

        Originally posted by ketteringade View Post
        Hi
        Thanks for coming back to me, there was nothing at all regarding what happened or any submissions. The document received indicated that they did not attend and neither did we. We couldn't as we had no idea they were going to court.

        Can they evict us please or can we get them back to court
        No warrant has actually been served upon you at this point.
        It also seems from what you say the judge has " granted permission to issue a warrant"
        not that a warrant has been issued.
        You will have to write to Blemain asap.

        nem

        Comment


        • #5
          Re: Blemain Finance Possession Order

          I have emailed Blemain to ask their intentions, I also have copies of previous offers which they have ignored. Can I get this back to court on the basis that I was not able to represent myself. I have no idea what evidence they provided to get this granted

          Comment


          • #6
            Re: Blemain Finance Possession Order

            phone the court on Monday and ask if there was a hearing, or was this a formality, either way tell them you wasnt aware of the matter coming before the court and you wish to challenge the decision. Ask the court who was responsible for letting you know about the *hearing* as they failed in their duty. Tell them you want to bring this matter back before the court as you wish to challenge the sum of money said to be owed.
            Contact Blemain by email or post ONLY do not speak to them by phone as they are lyre's they have a history of denying everything. you need to ask for a full clear and precise breakdown of your outstanding loan debt so you can work out what is unfair i.e what is loan and what is made up from charges, penalties, insurance, etc you need a thorough breakdown of every phone call or letter etc that they have charged you for. Remember this part of blemain and their chief was fined £1.25 million for unfairness by the financial services authority. they will have loaded your account up with unfair charges but you have got to find them and challenge them. It maybe worth sending them a email telling them you are aware that their sister company Cheshire Mortgage Corporation was fined heavily for treating their customers unfairly and you are giving them a chance to come clean and reassess your account before court action is taken against them. this can then be used in the future if they deny that they have added unfair charges. finish your letter by saying; I Mr xxx xxxxxx put you on notice that i am disputing the amount of money owed. and you have a duty to treat me fairly, you can then use this in court to tell the court you have an official dispute over the sum claimed by Blemain.
            you have a lot of work to do but it will be worth it they will knock off a substantial sum.
            Good luck and challenge them, they make lots of mistakes your job is to spot them!

            I am not a professional in legal advice and would recommend phoning a solicitor and taking advantage of their free initial interview advice.

            *when you are going through hell. Keep on going*

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X