Blemain Finance 2nd Mortgage Charges Reclaiming - i want my moneyback

[webbscatering]

Hi People,

I have a repossession date for the 4th march concerning a secured loan on my property,

 

I took the loan out in June and was given a 3 month holiday,

at the end of the three months I hit a temporary blip in my business and could not make two payments (October and November)

made December, January and about to make February's.

 

On November 30th I wrote to Blemein Finance explaining that i was struggling but should be back on my feet by January,

I had a phone call 6th December from Blemein asking for payments in full I said "did you not get my letter" obvious to say they said no,

 

so I sent out another Recorded Delivery this time.

 

On 14th January I got a phone call from Blemein this time I recorded the conversation,

I said I could make £50 above the normal payment and we could review it after three months they were not happy with this and want it to go court.

I can't seem to get into my local CAB as they are always busy and seem to be struggling with demand, what do i need to do

[Ell-enn]

Hi there, have you returned the documents to the court yet to defend the repossession? If not I can help you with filling them in. If you prove you have tried to come to an arrangement with them regarding payments before they instigated possession proceedings it will help your case. I assume you have copies of your letters and proof of delivery from Royal Mail? The court will certainly look on them as being unreasonable if they have rejected your offer to clear the arrears.

 

Please let me know if you need help with the forms.

 

(By the way it's best to remove your name from the bottom of your posts for security reasons, lenders and DCA's regularly view this site)

 

Kind Regards

 

 

Ell-enn

[webbscatering]

Hi Ell-enn,

I have had no forms from the courts as of yet, but i will have a scout around to see if we have them. I have some papers from Blemein which shows letters they sent me in their evidence but thats it. What do the forms look like?

 

would i be able to submit the recording of my telephone conversation to the courts and yes I have proof of postage,

[Ell-enn]

What have you got that says you have a repossession date of 4th March? and what exactly does it say?

[webbscatering]

what i need to do is go home and get the paperwork, at the moment i am in work I'll be back in an hours time, many thanks Kev

[Ell-enn]

No problem Kev, I'll be on line until late tonight. Just let me know when you have the paperwork.

 

Kind Regards

 

Ell-enn

[patrickq1]

they are a right dogmatic bunch of arrogant bar stewards scuse the language Ell enn

they have a history of making people jump through hoops and re negotiating loans to much larger amounts and also he has to check their PPI arrangements,i think they are part of cheshire bs,not sure will be watching this thread se hedgys threads on blenheim they have been hauled over the coals so many times by the authorities yet still allowed to trade

patrickq1

 

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=1335401

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/109545-blemain-lies-harassment.html?highlight=blenheim

 

just a few threads ell they really do nothing more than lie and grab whatever they can from peeps who are to terrified to go anywhere for advice,and by the looks of things it seems they are still at it riding roughshod over peeps gggrrr i just wish the OFT AND ALL OTHER AGANCIES would prosecute them once and for all

get off my soapbox now

patrickq1

patrickq1

[Ell-enn]

That's ok Patrik - CAGers are used to dealing with people like them and webbscatering will get lots of help and advice on this site.

 

Ell-enn

[webbscatering]

Back now Ell-enn, found the defence forms, that was mighty lucky you pointed that out. OK Q1. thats straight forward. Q2.

 

Thanks patrickq1, Blemein lies and harrasment is a good read, fortunate for me i have the important part of the conversation recorded to my PC which is now on my phone to play back to the judge should he wants to listen to it.

[Ell-enn]

Hi - is it a N11m form?

[webbscatering]

Yes it is

[Ell-enn]

OK -

Q2. Yes

Q3. Yes (unless there are no arrears)

Q4. Yes

Q5. No

Q6. No

Q7. ? you need to answer

Q8. No

Q9. Yes

Q10. put in what you want to offer

Q11 - Q25 You will need to fill in those personal details

Q26. No

 

When you have filled all those in I will draft a statement for Q.27

 

Let me know when you are ready.

 

Kind Regards

 

Ell-enn

[webbscatering]

Hi Ell-enn, thats all filled out to the best of my knowledge, thanks kev

[Ell-enn]

Just one more question - is this a joint mortgage?

[webbscatering]

Yes it is, Me and My partner we are not married

[Ell-enn]

last questions .. do you have any children? also, you say the arrears were caused as a result of a downturn in your business - do you run the business from the property.

 

Nearly there.. I'll post the statement as soon as you answer the above.

 

Ell-enn

[webbscatering]

yes we have 4 children ages 7, 9, 11 and 13 and i am no longer in business also the property was never used for business

 

sorry i am now employed

[Ell-enn]

OK, here you go....

 

Q 27.

 

We respectfully request the court to consider the following when hearing the claim for possession.

 

• The property at insert your full address is valued at £ amount and has outstanding mortgages of £ amount.
  
• We wrote to Blemein finance on November 30th 2007 (Appendix 1) advising them that we had encountered difficulty in making payments due to a downturn in business. Blemein have denied receiving this letter.
  

We re-sent the letter by recorded delivery on date which was confirmed signed for on date (Appendix 2).

• We have made payments of £ insert amounts on dates
  
• We have offered future payments of £50 in addition to the normal monthly payments.
  
• The offer of payment has been refused by Blemein. We have a recording of the telephone conversation where they refused the offer and respectfully request the court’s permission to submit a transcript as evidence (Appendix 3).
  
• We assure the court that we are committed to reducing the arrears in order to remain in our home and ensure stability for our 4 children.
  

 

In considering the above facts, we respectfully ask the court not to grant an order for possession.

 

 

Where there is text in blue you need to insert info. Also, for Appendices 1. you need to take photocopies of your letter to Blemein, 2. the proof of delivery from royal mail website and then 3. you will need to type up the transcript of the conversation with Blemein (I don't think you will be allowed to play the recording in court, but I'll check that out - their lawyers might suggest it could have been tampered with).

On each of the appendices you need to write the case number in the top left hand corner and then the appendix number on the top right hand corner. You will also need to make sure you retain copies of everything for yourselves.

 

If you don't deliver the pack to court personally, then send it by recorded delivery.

 

Any further questions, just ask.

 

Kind Regards

 

Ell-enn

 

apologies, the typeface seems to be doing its own thing at the moment

 

there is a bullet point missing from the paragraph which starts "we resent the letter......":confused:

[webbscatering]

Thank you ever so much you have managed to bring a smile to face something that has been missing for a long time now. One again thank you Kevin

[Ell-enn]

You're very welcome, anything else you need just ask.

 

Good Luck, and keep us upated on how things go... will be thinking about you.

 

Stay positive.

 

Ell-enn

[midge61]

Hi

 

I too know BF only too well!

 

Could you not type out the conversation that you recorded and use it that way and then if they contest anything you have written they will have to produce a tape of the conversation to prove it.

 

Good luck

[webbscatering]

Thanks for that, I have a sent a copy of the transcript to the courts as part of my defence for next Tuesday, what is your story or do you have a thread about them I would like to read it, Thanks kev

 

You're very welcome, anything else you need just ask.

 

Good Luck, and keep us upated on how things go... will be thinking about you.

 

Stay positive.

 

Ell-enn

Thanks Ell-enn, would you like me to PM a copy of the transcript to you?

[midge61]

Hi webb

 

This is a long thread but shows you there are a few of us involved with BF.

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/25615-blemain-finance.html

 

At present i am trying to get them to comply with my SAR, first requested in July!

[Ell-enn]

Thanks Ell-enn, would you like me to PM a copy of the transcript to you?

 

Yes please, I would be interested to see what was said.

 

Ell-enn

[webbscatering]

Hi webb

 

This is a long thread but shows you there are a few of us involved with BF.

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/25615-blemain-finance.html

 

At present i am trying to get them to comply with my SAR, first requested in July!

 

Just had a scan through some of the threads and it looks like they are a bunch of cowboys, why are they allowed to trade in such a way surely the OFT should get involved and revoke or a least suspend their license if they have had complaints about them?