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davesel

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About davesel

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  1. Payments as offered in my statemrnt
  2. Blemain did not oppose the application. Now to deal with the charges.
  3. Can I quote? Cheshire Mortgage Corporation and their Chief executive moser Fined £1.225 million Which is part of the BLEMAIN Group reported today 10/12/2012 The FSA said about 2000 affected customers of CMC could now receive compensation The regulator said that Cheshire Mortgage Corporation failed to treat some of its customers fairly when they fell into arrears, was unable to always show the mortgages it sold were affordable, and did not always communicate reguarly or fully with its customers its investigation found that CMCL overcharged some customers in arrears and applied arrears charges inconsistently and unfairly The FSA said they had charged customers £150 when they transferred arrears into its Recoveries company, dispite it being in-house Tracy McDermott, director of enforcement and financial crime at the FSA said "CMCL@s lackluster approach to regulation combined with very poor practices in collecting arrears, meant that some customers already worried about being able to pay back their mortgages were put under undue pressure and sometimes ended up paying more than they should. The failings of chief executive Moser ,and director Lawton and CMCL were serious and let down a vulnerable group of consumers"
  4. Hi, I was thinking of handing in the following to court on Monday, just in case their are no duty solicitors or I get tongue tied. Bad idea>? Please advise. I attached a Statement to my N244 application, however, I feel there are a number of points I have omitted and would be grateful if the Court could take the following into account in case I am unable to express them very clearly in Court. Prior to the last hearing, the date on which the monthly charges are applied were changed from the 7th of the month to the 21st, however, I see Blemain have continued to make the charge on the 7th. That said, whenever, we have spoken to them, they have always said the due date was the 21st. I hope this is not something that benefits them more than me, as the date was changed to help me, but on their recommendation. Since, the December hearing I have reduced arrears from £6,620 to £5,200 and all the payments in line with the Court order are now up to date. Anytime I was unable to make the payment on the 21st, I agreed a date by which it would be paid and it was always paid within that timescale. This was always the case until August when a project I was working on was held up and I have only recently been paid for this. I contacted Blemain to say I was making a payment for the monthly fee plus £200 on 21st September, and attempted to come to an agreement with them of clearing the Court arrears by 21st October, but was told they could only stop the eviction action if: I made the promised payment that day and completed an I and E form with them over the telephone and they would put this forward to a manager, or I cleared the Court arrears before the eviction date The payment was made immediately and I completed an I and E form and called a few days later to give them the details over the telephone. I was also going to tell them that the Court arrears would probably be paid before the eviction date, but before I had the opportunity to discuss this I told point blank that they would only accept the full arrears or the eviction would go ahead. It has been very easy to feel that Blemain do not so much wish to help their clients, but more to capitalise on their situations. I made the payment to clear the outstanding court arrears and using their own figures I see I have paid them more than £42,500 in seven and a half years, which is more than I borrowed, but through their systematic procedure of adding penalties far in excess of the work involved plus interest on top of these, they ensure their borrowers never get on top of their loans. Blemain are charging me a flat interest rate of 12.75%. An Internet search using the phrase “Blemain Finance warning” brings forward more than 6,500 results many of which to directed to forums where Blemain receives much criticism of their practices. I understand they have recently been fined by the FSA more than £1.5million because of their malpractices and they have changed their name to Together because of the negative connotations associated with names of the lending companies within their group. I am making a Subject Access Request under section 7 of the Data Protection Act 1998 (DPA).to get full details on all charges made by Blemain from the start of the loan and intend to challenge any charges I feel are unfair. I have to go the SAR route as a similar verbal request after the previous hearing simply resulted in a short note with a printout of the standard monthly fee less payments made. I have read of many cases where borrowers believed they had repaid their loans only to be advised by Blemain of huge balances outstanding due to penalty charges and interest on the charges.
  5. Hearing set for Monday morning.
  6. Hmmm.....think I will stick with statement in post 17. All I have done is make the payments as agreed, albeit a little late.
  7. Just a little last minute tinkering - is this a bit too much emphasising a point: I am the defendant in this case and respectfully request the court to consider the following information when hearing the above case : I fell behind with the monthly payments agreed by the Court on 6 December 2015 as I am an self-employed and a large project was delayed and so was payment. However, nearly all monies owing to me have been paid and I have made two payments of £780.29 and £1,180.29 in the last nine days bringing the monthly payments set by the court up to date, and using the figures provided by Blemain the arrears reduced from £6,520 to £5,140 since the previous hearing, a reduction of more than 20% in ten months. Although I dispute Blemains figures, the arrears have been reduced by nearly £1,400 since 7 December. (Note to Ell-enn – payment date changed in 2016). My business is beginning to improve and I am set to start a new project on Monday and have spent a considerable amount today buying equipment for this. This does mean I am in a position to increase my monthly payments towards the arrears to (£not too much more) and I have enclosed a budget sheet – Appendix 1. Therefore I respectfully ask the court to take into account the case of Cheltenham and Gloucester v Norgan when considering my offer of payment and also s.36 of the Administration of Justice Act 1970. I also wish to bring to the court's attention that I am unable to reconcile the arrearsf igure the Claimant pleads as it appears to contain arrears fees and charges, therefore it is not a true reflection of the arrears status. I work from home and losing my home would result in the immediate end of my business qnd all sources of income ! assure the court that I am committed to clearing the arrears as is reflected in the 20% reduction in the last 10 months and respectfully ask that eviction is suspended in order to protect the equity in the property which would undoubtedly be lost if the Claimant were to take it to auction. and also to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate.
  8. Is this ok? Claim No: XXX In the XXXX Court Between Blemain Finance (Claimant) And Mr Dave SE (Defendant) STATEMENT I am the defendant in this case and respectfully request the court to consider the following information when hearing the above case : I fell behind with the monthly payments agreed by the Court on 6 December 2015 as I am an self-employed and a large project was delayed and so was payment. However, nearly all monies owing to me have been paid and I have made two payments of £780.29 and £1,180.29 in the last nine days bringing the monthly payments set by the court up to date, and using the figures provided by Blemain the arrears reduced from £6,520 to £5,140 since the previous hearing, a reduction of more than 20% in ten months. Although I dispute Blemains figures, the arrears have been reduced by nearly £1,400 since 7 December. (Note to Ell-enn – payment date changed in 2016). My business is beginning to improve and I am set to start a new project on Monday and have spent a considerable amount today buying equipment for this. This does mean I am in a position to increase my monthly payments towards the arrears to (£not too much more) and I have enclosed a budget sheet – Appendix 1. Therefore I respectfully ask the court to take into account the case of Cheltenham and Gloucester v Norgan when considering my offer of payment and also s.36 of the Administration of Justice Act 1970. I also wish to bring to the court's attention that I am unable to reconcile the arrearsf igure the Claimant pleads as it appears to contain arrears fees and charges, therefore it is not a true reflection of the arrears status. I work from home and losing my home would result in the immediate end of my business qnd all sources of income. ! assure the court that I am committed to clearing the arrears and respectfully ask that eviction is suspended in order to protect the equity in the property which would undoubtedly be lost if the Claimant were to take it to auction. and also to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate. I believe the above to be true and factual. Signed....................................................................................... Date........28th September 2016.
  9. Thank you, I will redraft and post again. Another sad, but true - I managed to reconcile the account and the arrears figure is monthly figures only. But no statement reflect how much I really owe! On the plus side the figures in their own statement show up to the December charge but before I made the payment that month so I can prove I have reduced the arrears by nearly £1,400 I(nearly 20%) n 10 months. That has to be a positive, doesn't it?
  10. Ell-en, do you think there is any weight in mentioning the excess fees added by Blemain in the letter as the guys mentioned above? The most recent figure prior to making the payments recently put the arrears at nearly 15 months behind and this is quite ridiculous - there must be additional charges. Should arrears ONLY comprise of the monthly charges?
  11. Does this appear ok? Claim No: XXX In the XXXX Court Between Blemain Finance (Claimant) And Mr Dave SE (Defendant) STATEMENT I am the defendant in this case and respectfully request the court to consider the following information when hearing the above case : I fell behind with the monthly payments agreed by the Court in November 2015 as I am an self-employed and a large project was delayed and so was payment. However, nearly all monies owing to me have been paid and I have made two payments of £780.29 and £1,180.29 in the last nine days bringing the monthly payments set by the court up to date, and the arrears reduced by £800 since the previous hearing. My business is beginning to improve and I am set to start part two of a project on Monday and have spent a considerable amount today buying equipment for this. This does mean I am in a position to increase my monthly payments towards the arrears to (£not too much more) and I have enclosed a budget sheet – Appendix 1. Therefore I respectfully ask the court to take into account the case of Cheltenham and Gloucester v Norgan when considering our offer of payment and also s.36 of the Administration of Justice Act 1970. I work from home and losing my home would result in the immediate end of my business qnd all sources of income. ! assure the court that I am committed to clearing the arrears and respectfully ask that eviction is suspended in order for me to provide a stable home for my wife and also to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate. I believe the above to be true and factual. Signed....................................................................................... Date........28th September 2016
  12. Many thanks for the link. I will post the narrative for my N244 on here, so anyone can advise me if I am getting it wrong.
  13. OK, Blemain now paid up to date in line with the November court order, i.e. monthly amount + £80. Leaving Blemain arrears of around 5k. The soonest appointment I could get with the court office was 10.30am tomorrow to submit the N244 in triplicate which they believe will mean a Monday hearing. At least that gives me time to reconcile the latest Blemain statement which I believe will bear no resemblance to the hidden balance, they dare not show, until you think you have repaid the loan. I need to earn some money now and will come back with my findings this evening and will probably ask for some help in completing the N244. Many thanks for your advice.
  14. OK what is the best way to challenge/discover penalty charges - SAR? And should I mention I am doing this in the N245 application? I need a bit of guildance with this.
  15. I will tackle penalty charges once this is sorted. First things first. When I made the application last year I took the N245 to the court office and paid for it over the counter. Is it possible to make the application online. I need to do it today as the eviction is set for next Tuesday, so assume in person would be better. I would have made it ages ago but I was waiting for the transfer to make a payment to Blemain. I will be making the payment to Blemain to bring the court payments up to date just before making application. Can I attach a bank statement as proof of payment in case it is not on Blenains system in time for the hearing?
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