Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default blemain/together mortgage - now on 3rd eviction notice - Friday 11th Dec

    I have been a lurker for some time now, but now need some advice.

    I have received details of a possession hearing from Blemain Finance for a second mortgageicon and desperately need some help with it.

    The form to complete from the local county courticon does not stipulate any reply timings
    and we have trying to get as much imformation together as possible before completing it.

    However, the hearing is early next week and we have spent the weekend getting all the information I can together.
    My husband and I are self employed and because of one client going into receivership, another retiring and a third changing supplier.
    I have not been able to make a payment to them since the end of May.

    I have several broken agreements with them because of losing these clients.
    I have paid them around £38,000 since starting the £46,000 loan in 2008
    and only started having problems in 2012 when I ended the year just under one month in arrears,


    By the end of 2013 we were around three and a half months in arrears
    but had entered into an agreement with them where we were paying the monthly repayment plus £71,


    however, I could only keep this up for six months and we are now around £4,100 in arrears,


    I may be able to reduce this by £700 before the hearing but this depends on when we are paid.

    We are currently rebuilding the business and have good prospects in the pipeline, but with this hanging over our heads it’s very difficult.

    Are there any reasonable grounds on which I can request the order to be set aside,
    or are the county judges obliged to grant anything over two months in arrears?


    I am worried that we have a bad month and can’t make the payment on time and lose the property,


    Although in arrears with our main mortgageicon we are tackling that and only have one year left on that, albeit it will take two years to clear.

    There is about £550 difference between what they say I owe and what I have calculated and I guess this is various adminicon fees etc.

    Any advice will be gratefully received.

    Thanks,

    Sara


  2. #2
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    Default

    are your main provider aware BF are doing this
    they wont like it one bit

    I bet both mortgagesicon are littered with PENALTY/Arrears charges
    and various 'compulsory' insurance YOU CAN RECLAIM.
    however doesn't help you immediate problem. dx

    the regular BF haters should see this soon and help

    dx

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  3. #3
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    Default Re: Blemain possession hearing

    Have you received a clear and understandable up to date statement,

    one line of defence is you cannot defend against a sum that you have not had the chance to scrutinise /analise.

    This may not be enough on its own, but may earn you an adjournment.

    Have you any valid reasons to launch a counter claim, CCA unfair relationship 140 etc.

    Do you know of any charges and have they been charging interest on the charges,

    i dont know how long you have had the loan but look back as far as you can.

    Sorry i can't be of more help.

    Not sure about setting aside with out valid reasons.


  4. #4
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    Default

    received a statement in their witness statement received about 10 days ago.

    There are arrears fees and interest applied on them.

    Had the loan for 6 yearsicon into a 15 year term.

    The charges and interest contributeicon to the difference I have of £550.


  5. #5
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    Default Re: Blemain possession hearing

    please contact FCA and report your concern as new laws are in place to protect you from being bullied.


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  7. #7
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    Default Re: Blemain possession hearing

    Thank you so much for the links.

    Let's see if they follow the rules.

    How late can I submit the form to the court office, can deliver by hand and I need to check a few more things.


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    Default Re: Blemain possession hearing

    relevant guidance from the fca-

    Proportionality

    CONCicon 7.3.14
    01/04/2014
    FCA

    (1) A firm must not take disproportionate action against a customer in arrears or default.

    [Note: paragraphs 7.14 (box) of ILG and 3.7t of DCG]
    (2) In accordance with (1) a firm must not, in particular, apply to court for an order for sale or submit a bankruptcyicon petition, without first having fully explored any more proportionate options.

    [Note: paragraph 7.14 (box) of ILG]


    CONCicon 7.3.15
    01/04/2014
    FCA

    A firm should not make undue, excessive or otherwise unfair use of statutory demands (within the meaning of section 268 of the Insolvency Act 1986) when seeking to recover a debt from a customer.

    [Note: paragraphs 7.10 of ILG and 3.7n of DCG]

    Enforcement of debts

    CONC 7.3.16
    01/04/2014
    FCA

    A firm should not take steps to enforce a debt if it is aware that the customer is subject to a bankruptcy order (or in Scotland where sequestration is awarded in relation to the customer), a debt relief order or an individual voluntary arrangement (or, in Scotland, a protected trust deed or a Debt Arrangement Scheme).

    [Note: paragraph 3.9h of DCG]

    CONC 7.3.17
    01/04/2014
    FCA

    A firm must not take steps to repossess a customer's home other than as a last resort, having explored all other possible options.

    [Note: paragraphs 7.14 of ILG, 3.7t of DCG and 6.3 of SCLG]

    CONC 7.3.18
    01/04/2014
    FCA

    A firm must not threaten to commence court action, including an application for a charging order or (in Scotland) an inhibition or an order for sale, in order to pressurise a customer in default or arrears difficulties to pay more than they can reasonably afford.

    [Note: paragraphs 7.14 of ILG and 3.7i (box) of DCG]

    CONC 7.3.19
    01/04/2014
    FCA

    Firms seeking to recover debts under regulated credit agreements secured by second or subsequent charges in England and Wales should have regard to the requirements of the relevant pre-action protocol (PAP) issued by the Civil Justice Council. The aims of the PAP are to ensure that a firm and a customer act fairly and reasonably with each other in resolving any matter concerning arrears, and to encourage more pre-action contact in an effort to seek agreement between the parties on alternatives to repossession

    AND see here especiallyCONC 15.1.1401/04/2014
    FCA
    Where a firm considers taking action to repossess a customer's home, it should, where permitted, establish contact with the holder of any charges in priority to the firm's charge to minimise adverse impacts on the customer.

    http://fshandbook.info/FS/html/handbook/CONC/15/1




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  9. #9
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    Default Re: Blemain possession hearing

    Hi there, the lender cannot include arrears fees in the arrears amount they are claiming and if that is what they are saying on the claim formicon then the figure they are pleading is wrong. What date is your hearing? we should be able to get a defence statement done over the next day or so - could you deliver it to the court by Friday?

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  10. #10
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    Default

    Thank you both for your ideas.

    The hearing is next Monday and I can deliver it to the local court office before then, though time is running out quickly.

    The charges are described on the statement as "Monthly Charge - Arrears" at £48 each. There are six of these since the loan was taken out and the interest is added to this figure which gives us the total figure from which the arrears are calculated.

    However, these are quite small in relation to the total arrears. Would the court accept it as a defence or laugh it off?

    Is it too late to file the defence online under the MCOL system?


  11. #11
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    Default Re: Blemain possession hearing

    No deadline is given by the courts on their form. I thought defences needed to be filed within a certain time.


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    Default Re: Blemain possession hearing

    Quote Originally Posted by Sara55 View Post
    Is it too late to file the defence online under the MCOL system?
    As the hearing is next week it's best to hand deliver the defence to the court.

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  13. #13
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    Default Re: Blemain possession hearing

    Thank you for that ray of hope Ell-enn, I will deliver it by hand once the defence is completed.

    The difference I have between my calculations for arrears and theirs is the fact they have been charging arrears fees and interest on top of that, and the extra interest on the balance due to the missed payments.


  14. #14
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    Default Re: Blemain possession hearing

    Can you let us know what you are putting in your defence please, just so we can check you have included everything that's necessary. It should be concise and to the point - have a look at how to set out a statement on page 13 of the guide here : http://www.consumeractiongroup.co.uk...r-repossession. You can also download the budget sheet from the second post in the guide thread.

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  15. #15
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    Default Re: Blemain possession hearing

    Hi Ell-en, my husband rang Blemain collections this morning to see if they would agree to the monthly payment plus £100 towards arrears until they are cleared.

    He explained that I had had several angina attacks and was currently undergoing tests for diabetes - just got back from blood test for this. This would have cleared the arrears by October 2017, whereas the previous arrangement they agreed would finish in April 2021.

    We also have a very sick 12 month old puppy that we believe is from a puppy farm and needs constant visits to the vet - we didn't mention this.

    They said based on our history and broken arrangements they couldn't do anything and it would be up to the judge to decide on Monday and that they would be applying for the full arrears to be cleared within 28 or 56 days.

    They do read out the monthly arrears charges after every call to them - does this protect them?

    We have had a very rough three years and just want to sort it out.

    Our only defence is there arrears charges and the interest on them - would the court accept this or is it inevitable we will lose our home? Without the mortgagesicon we have/had around £300,000 in equity.

    Thank you for any advice.

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    Default Re: Blemain possession hearing

    Would you like me to draft a defence statement for you ?

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  17. #17
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    Default Re: Blemain possession hearing

    Yes please


  18. #18
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    Default Re: Blemain possession hearing

    OK, can you answer the following questions:

    Is the mortgageicon in joint names?
    Do you have any children living at home?
    Do you have any documentary evidence of your medical condition (letter with hospital appointment for tests etc)
    Have you completed the budget sheet yet?

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  19. #19
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    Default Re: Blemain possession hearing

    Thank you Ell-en

    Both mortgagesicon are in my name only.
    We do not have children
    I will have letters from the hospital specialists which will confirm I have angina including angioplasty operations twice to see if my heart required stents. No proof of diabetes as I only have had blood tests which are handed in when the tests are taken so the hospital knows what to check for.
    I will finish off the budget sheet this evening but have all the figures ready,

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  20. #20
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    Default Re: Blemain possession hearing

    Excellent - would you mind emailing the budget sheet to me when you have completed it? I'd just like to make sure there's nothing the other side can pick holes in (if you know what I mean) my email is Ell-enn@consumeractiongroup.c o.uk (there is no space between the c and o - the site just shows it like that). Put a message on here to say when you've sent it so I can look out for it.

    I can then complete the statement tomorrow morning and you can take it to the court.

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