maggie60
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Everything posted by maggie60
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So if there figures are accurate and can be seen to be accurate, I cannot dispute them. I am sure the figure Blemain will claim the figures are bear little resemblance to what is on the ledger. Put simply, if I am 120 months into a loan where the monthly payment is £x and I have only made 110 payments of £x, I cannot dispute I am 10 payments behind.
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Thanks Suffering, I am yet to receive any figures from Blemain (nearly two weeks after the initial proceedings letter) or an eviction date. However, when I checked this out before I found their figures were calculated before was monthly payments minus payments received = arrears figure. This is why I am leaving the SAR action toward the end of the loan. I should be in a position to get 3 monthly payments + £200 per month on 27th Dec. bringing the court order up to date and the arrears £2,000 less than the hearing last March. I hope they haven't wangled an eviction darte before then.
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Thanks Ell-en, I have successfully defended several attempts by Blemain with much help from you and I thought they may be changing tack to speed things up. I have never received a letter like this from the court. So I presume they applied for an eviction order at the same time as the court letter (6th December) so looking at an eviction date around 3rd January? Before this I should be able to make a payment of 2 x monthly payments plus 2 lots of £200. So I will only be one month behind which I will offer to pay off over 3 months, if they agree to suspend the eviction. I will contact them when I am in a position to make this payment.
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I originally started this thread as Sara55, but lost the password ages ago and couldn't recover it, so I had to create a new account. Sorry for any confusion. Can anyone please explain the difference between a Warrant for Eviction Order and a Warrant for Possession of Land which Blemain are now using?
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Hi, I'm back again. I made 8 payment of the monthly amount plus £200, so repaid £1,600 but I have recently missed the second payment in a row. I have just received a General Form of Judgement or Order from the court saying on the instructions of the judge, "it is ordered that under CPR 83.2 the Claimant may issue a warrant of possession for land in this case." Ni warrant received yet, but is this some form of fast tracking the eviction date giving me less time to defend it? Can they escalate it to the high court sheriffs?
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I believe it is 30 days before the hearing next March.
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Drafting another chasing letter to Shine today. So far they have failed to provide any VAT invoices for the several hundred pounds they have taken. Surely they are breaking some law or Direct Debit directive by this? Also, should they have copied us in on any court documents, as we have done with them?
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Doesn't non-attendance put us at a disadvantage in not being able to answer any questions the judge may have?
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That's bad news, so we have three options: 1. Write to the court and explain that the defendants are being represented by a 72 year old former director who would find it easier to attend a local court. 2. If that fails appoint a local rep, who reads up on the case two minutes before the hearing. 3. Pay up, but ensure the interest is corrected,
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That's great, but the plaintiff's court office said your not an individual, I said "oh yes we are, a Limited Co is still seen as an individual." "We;re not trained in law" came the reply "put that in your letter". Currently on hold for Northampton County Court office for 20 minutes. Which court office can sort this? Assume the plaintiffs one as they currently hold the case?
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As the defendant named in the summons is a Limited Company and not a named individual, I assume the section highlighted is not applicable?
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I rang the court where the case is currently listed for them and the court office insist it was not an error but the decision of the judge given the facts. They suggested writing into the court giving reasons for moving the hearing.
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DQ answers: A1 - refer to Mediation Service - No B - Contact details - complete C - Do you agree to Small Claims Track - Yes D1 - Hearing venue - name of the court local to the defendant D2 - Expert evidence - use? No D3 - No of witnesses - 1 (just defendant) D4 - Specify dates n/a for hearing - give ranges
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Shine failed to copy the defendant in on their recent documents to the court so they had no opportunity to oppose transfer to claimant's local court, Are the defendants likely to succeed in an local N244 application to move to their local court?
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Oh bugger, it is being allocated to the claimants county court not our one to be heard in March. A nice day out for someone so long as they pay the £80 hearing fee by February. Can we claim expenses for attending the hearing and how should we calculate this?
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Sorry, didn't see your comment. Email to MD did the trick and they started taking notice.
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