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

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  • #16
    Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

    Hi Crazy Council,

    I grew up in this house and bought it off my sisters (whom I don't have any contact with) after my Mum died.

    Yes I would as my heart is here, but the Euromillions haven't come up for me yet, so I don't have a choice...

    My Estate agent is taking me (my car failed it's mot...) Shelter wrote to the Court asking them to adjourn for six months to give me time to sell.

    Comment


    • #17
      Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

      Ok,

      If you can get the time tomorrow ( adjournment or suspension ) from the judge, you can put a plan together to see if its viable. Your debts seem small at them mo, so may be doable.

      Firsly, concentrate today, getting everything sorted ready for tomorrow. Do the Incom/expentiture sheet asap, amd post any questions you have.

      You need a plan for the judge, so he/she can see that there will be an end to things, but i suggest you ask for suspension or adjournment tomorrow for 3 or 6 months.. For the judge to consider that, yopu have to show tham a plan.

      there are some things you need to word properly in the cse tomorrow, and you need to get them in front of the judge asap, i woul suggest preparing tonight, email or fax the court, ring them first thing, top make sure th judge sees them before you face them.

      In my experience, if your offering the judge a solution, and asking for time, you have more chanec of getting it, than just asking for a delay.

      1. Income/exps sheet
      2. notice tio judge showing house up for sale _ also, promis that you intend sorting your own finaces in the time . maybe suggest the presure from blenhem nd there action has delayed you so far. ( them not being resaonable
      3. LET THE OTHERS ADVISE FIRTS ON THIS NEXT BT----- Maybe sugest to the judge that Blenhem have acted this way to increase there charges ( possetiion ect )

      Depending oin the other circumstances, you may have tio consider putting it as a second charge on your property while you sort it ( secures it for the creditors )

      The above is what the judge is going to want to see. You right it out, the rest of us will jump in and help.



      Everyone will help with the letter,
      crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

      Comment


      • #18
        Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

        Dear CrazyCouncil,

        Thank you so much. I emailed this to Blemain on Friday, and want to know if I can write any of it to the Judge today?:-
        Dear Blemain,


        Possession hearing 1st September


        I am doing the very best I can in this dreadful situation of severe financial hardship that I am in. I would ask you to please adjourn the hearing date for six months to give me time to sell and to be in contact with my Estate Agent for updates and also to stop making the debt bigger with interest.


        I am also asking you to adjourn the hearing as my mortgage company have given me a letter to give to the court, to confirm that they are satisfied that I am doing all that I can to sell my house.


        Also the Equity on my house is over 346,000 times bigger than the amount that you are proposing to repossess my house over. You have not stopped to think how non-sensical it is to try to do what you are doing? For the sake of common decency, I respectfully ask you to adjourn the hearing.


        COMPLAINT


        Despite authorising XXX XXX 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 CAB 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 Marcus Grimes 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 (an amount higher than what I'm asking)

        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.


        Yours Sincerely,

        Comment


        • #19
          Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

          did you head this letter 'without prejudice'??

          if not, I would suggest taking the whole thing in to court, and asking the judge to accept it as it is :tinysmile_grin_t:

          xx

          xx
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido

          ~~~~~

          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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          But please include a link to your thread so I know who you are.

          Specialist advice can be sought via our sister site JustBeagle

          Comment


          • #20
            Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

            No I didn't. Is that important? It is just what I sent to Blemain on Friday, but I couldn't get any help with it, so I didn't know if it was wrong or right, but it is all truthful. Shelter told me I didn't need to contact the court but I do want to fight Blemain as I feel like they are the worst money lender ever and I wish that I'd never taken a loan out with them

            Comment


            • #21
              Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

              Originally posted by Scared123 View Post
              No I didn't. Is that important? It is just what I sent to Blemain on Friday, but I couldn't get any help with it, so I didn't know if it was wrong or right, but it is all truthful. Shelter told me I didn't need to contact the court but I do want to fight Blemain as I feel like they are the worst money lender ever and I wish that I'd never taken a loan out with them
              Not headed Without Prejudice = GOOD ; as above take with you,

              if stated without prejudice you would of been unable to produce in court to-morrow.? as I believe it means.

              Comment


              • #22
                Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

                Hi

                Include that complaint part as evidence, and the first three statments in your application. Dont give the judge 2 much to read.

                I dealing with something for the next hour then will get back.

                As well as your letter to the judge, am going to suggest you do a letter to the creditors ( again fax when done ), to try head off the hearing by getting them to agree to the adjurnment ( they may not but its worth trying ). Its sounds on the face of it that they have acted unreasonably, point out the fact that if they do not agree to your resoanble terms, your going to the regulators.

                But first, make sure your letter to the judge includes, the first three sentance of your letter.

                The ammount you have alread paid ( ets 23k )
                The agreements to settle then withdrawn ( plus any evidence )
                any further you have paid since

                proof of the house up for sale.

                will add the rest later, if you can, get dates of the offers and refuslaes/withdrawals. Pluss any charges they have added since starting action.
                crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                Comment


                • #23
                  Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

                  am still finnishing something, atm

                  Make sure you have done your income/expenditure sheet. ( if its bad, add a note that your looking for work and so is your sone to change the curcumentcews )

                  Write letter for thge court, asking for adjurnment so you can sort out the deal with the creditors, ( put this up on here tonight so yuo can get help, ) be direct factual in the letter, with the poimnts above.

                  Include the complaint to benhems as a seportate doc, but refiar if needed in the letter to the court.

                  Include proof of house up for sale , for the judge.

                  And end it with the opinion that the creditors are doing this simply to increase there costs, and have failed to negotieate properly, as can been seen by the complaintr.


                  then

                  2 more letters.

                  JUST A SUGGESTION.

                  Letter to CEO of creditors, explaing your curcs and there refusale to negoteage and you consisder ther actions harrasment. ( Fill it out make it sound good ), say that if they proceed with teh possetion, you will report it to the FCO, and that if they agree to the adjurnment ( with conditions ). you wont have time to complain to the FCO, as you will be busy sorting your finaces out. you also want a copy for the creditors solisitor, and hand it to him as soon as you get to court.
                  crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                  Comment


                  • #24
                    Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

                    Just to add.

                    itr will be cheaper for you to add the second charge against your house, so you will ask for a 6/8 week adjournment to place the charge on the property, and sort out the payment deal with the creditor. You may ask, if the charge is placed by agreement within that time, and a deal struck with the creditor, that it be adjourned further 6 months to allow you to sell the house,
                    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                    Comment


                    • #25
                      Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

                      My financial statement of incomings and out goings is a Step Change document, so it's the best I can do.

                      As for the Court letter - will this be okay? I have been having problems writing it and feel I've lost it...:-

                      Dear Sir/Madam,


                      Re: Blemain Finance (Claimant) - XXXXXXXXXXXX (Defendant)


                      Claim No: XXXXXXXXX


                      I am writing to respectfully ask you to please adjourn the hearing date for six months to give me time to sell my home.


                      The Equity on my house is over 346,000 times bigger than the amount that Blemain are proposing to repossess my house over. It is impossible for Blemain to lose any money on this loan.


                      Blemain have behaved in an aggressive and intimidating fashion towards me, which I have detailed in my additional letter. Their telephone calls had to be stopped at request because of the rudeness of staff and frequency.


                      They awarded me £50 when I complained about the way I was treated by one of their staff. They ignored even, by their own admission, their own protocol.


                      They stopped my son’s final term (GCSE exams) school fees being put as a charge on my house, which has therefore created another financial problem. My mortgage company could not understand why they had done it? Cosidering the Equity and my financial position their behaviour was unreasonable.


                      They have clearly taken advantage of my situation, using scare tactics which have worked in their favour to frighten me and lead to my ill health as I am a Type 1 Diabetic.
                      The stress that they have put me under has caused havoc to my blood sugar levels, which has, in turn, made it harder for me to concentrate on my business which is key to lifting me out of penury.


                      I borrowed £19,000 and have, to date, paid them £23,027.10 which is equal to 22% interest.


                      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 Blemain stopped proceedings and accepted that my debt to them has already been paid.

                      I also believe that Blemain are taking this action against me simply to increase their costs (eg: they have charged me 4 times for land registry copies alone) and they have failed to negotiate properly, as can be seen by my attached document.

                      Last edited by Scared123; 31st August 2014, 20:22:PM.

                      Comment


                      • #26
                        Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

                        I have a mortgage and Blemain on the house and it is the school that offered to be on the house. They have now started to take me to court for the fees because of Blemain.

                        Comment


                        • #27
                          Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

                          hi

                          i would change that a bit. i will write it up in a bit, what i would put.

                          I wish to adjurn this hearing to attemtp to sort it out with the creditor for 6 to 8 weeks, and any difficlutys that we can niot agree on, then be presented to the court if necassery.

                          I feel the creditors actions so far unreasonable, and possibly designed to generate the most costs for them.

                          The fact are. in 2*** i borrowed £ ++++++ from ++++++++

                          I have made payments to them so far of £ +++++++++, My finacial curcumstances have changed temporeroly so i ahve put my house up for sale.

                          My house is for sale for £ ++++++++ with a morgagee outstanding of £ ++++++++ leving assit after fees of approximatly £ +++++++. Plently to pay this charge.

                          My morgaee co have agreed to hold while the property sells, and even asked the creditor to hold. Shelter have been in touch with them and asked them to adjurn on my behalf ( enc .. )

                          I fully understand that i have to deal with this, but i consider, the actions of belnham are simply to generate further charges. These would not be necaserry if they would have acted reasonably.

                          I fully agree to place a charge on my propery and will do it in the adjurnment.

                          I ask the judge to consider, i have paid back more than i borrowed so far, I have acted by placing my house on the market, i have attempted to deal with these creditors but feel that they are unreasonable. And the solution i offer secures there debit.

                          So.

                          I ask tghe judge to adjurn for 8 weeks to allow me to register the charge against the property to secure the debt.
                          Order that me and the creditor try negotiate a agreeable settlement in this time, with any objections being placed at the court for a judge to decide if required

                          And that if the charge is secured to the creditors satisfaction, it be general adjourned while the property sells.

                          ++++++ will add in a bit. its my annual bath time ++++++
                          crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                          Comment


                          • #28
                            Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

                            Hi Crazy Council,

                            I have copied it out, but I am worried about only 6 to 8 weeks? Shelter asked for 6 months. I take it that's for the School to put a charge on the house, because I haven't spoken to them yet, I've been so stressed.:-

                            I wish to adjourn this hearing to attempt to sort it out with the Creditor for 6 to 8 weeks, and any difficulties that we cannot agree on, then be presented to the Court if necessary.


                            I feel the Creditors actions so far unreasonable, and possibly designed to generate the most costs for them.


                            The facts are: In 2010 I borrowed £XXXXX from Blemain Finance.


                            I have made payments to them so far of £XXXXX My financial circumstances have changed temporarily so I have put my house up for sale.


                            My house is for sale for £XXXXX with a mortgage outstanding of £XXXXX leaving assets after fees of approximately £XXXXX _ Plenty to pay this charge.


                            My mortgage company have agreed to hold while the property sells and even asked the creditor to hold. Shelter have been in touch with them and asked them to adjourn on my behalf.


                            I fully understand that I have to deal with this, but I consider the actions of Blemain are simply to generate further charges. These would not be necessary if they had acted reasonably.


                            I fully agree to place a charge on my property and will do it in the adjournment.


                            I ask the Judge to consider, I have paid back more than I borrowed so far, I have acted by placing my house on the market, I have attempted to deal with these Creditors but feel that they are unreasonable, and the solution I offer secures them their debt.


                            So.


                            I ask the Judge to adjourn for 8 weeks to allow me to register the charge against my property to secure the debt. Order that me and the Creditor try to negotiate an agreeable settlement in this time, with any objections being placed at the Court for a Judge to decide if required.


                            And that if the charge is secured to the Creditors satisfaction, it be generally adjourned while the property sells.

                            Comment


                            • #29
                              Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

                              Hi

                              the 6 to 8 weeks is only for you to put the charge on and negotiate. Its cheaper if you register the charge against the property, in the creditors favour, they are trying to charge you £550 to do it, i thing it will cost you approx 200, maybe less.

                              It gives you time to negotiate terms between you, and only if you have objections, will you have to go back to court..

                              Include and documents from shelter, mortgagee co that you may wish for proof or to refiar to at the hearing..

                              Email it to the court, ( add your case details ), ring them first thisng in the moring to make sure the judge sees it before the hearing. Take a copy for the creditors solisitor and hand it to them as soon as you get to court.

                              I will do the email to send to the CEO in the morning when i get up, try and push them into agreeing terms beofre you have to appear in front of the judge
                              crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                              Comment


                              • #30
                                Re: BLEMAIN REPOSSESSION 1st SEPT IN COURT ~ H E L P !

                                when in court, do not wait untill you are called in to hand in your letter, make sure you arrive in plenty of time and ask the usher, to hand it to the judge, this will give the judge time to read it before you are called in. also do not discuss anything with blemains representitive or they will be on the phone and tell the judge "their client has declined the offer etc" where as the judge may ajourn for them to reconsider, any options.
                                i dont want to over load you at this late stage but it may be worth going to the FSA web site and printing it off, http://www.fsa.gov.uk/library/commun...2012/110.shtml This is proof that the chief executive of Blemain, Henry Moser, has a habit of treating customers unfairly as he was fined heavily for doing so, it is my understanding blemain were registered through Cheshire Mortgage Corporation part of the Blemain group who were fined £1.25 Million.

                                Comment

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