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

[OscarMutley]

I've been redirected to here for further help, but perhaps I can offer some advice on the repossession tactics of BF also to those experiencing them.

 

They are ruthless, their aim is to grab your property from the start. They want you to default, then add charges ad-lib; they never explain them and drag you through the county court process on a regular basis.

 

I paid off £25,000 on 15th Feb this year, but still received an "arrears letter" of the same date (posted 5 days later) from a debt collection agency (part of them). I rang and was told it was done at 10:30 on 15/02/08 - before I paid. No explanation as to why the letter was still in their postal system 5 days later. I was not even in arrears by a full instalment before the £25K payment.

 

I've now paid £36,115 for a loan of £25,000. They want a further £7,219 to settle the account (plus £4,929 legal costs) after only 31 months!

 

I dread to think how much I would owe after the full term of 180 months.

[webbscatering]

Hi Oscar, we only fell behind by two payments even though I wrote to them twice explaining my situation and I have repaid one months arrears and now only owe one month, they still want to repo the house, weirdos!!

 

Life must be sad when your a bottom feeder

[OscarMutley]

Hello webbscatering,

Because BF know that you are having problems with the payments they will do everything they can to increase costs and push you under.

 

They will ask for a possession order, even though they know a reasonable judge won't allow them to act on it. But in the meantime they will have added £1,000 in legal costs and probably increased the percentage rate of your loan/mortgage.

 

In future they will ask the court for an eviction date, then withdraw their request at the last minute. That adds a further £1,000 each time they go down this route.

 

This company really are worse than pond life. They would sell their own grandmother if they thought they could turn a quick profit.

[webbscatering]

Thanks Oscar, now how do I stop this from happening, so far they have not used any solicitors so how can you impose legal costs apart from court costs. And surely there must be protocol before a judge hands over a possession order, Cheers Kev

[midge61]

Hi

I think they will be banking on you not turning up for the hearing so they can get reossession granted.

Make sure you attend and take all the paperwork you can to prove you have made every effort to get on top of the arrears etc and I'm sure a judge will see they have been unreasonable.

 

I'm sure someone more knowledgeable will be along soon to advice.

 

Good luck

 

Just had another thought.

Is the hearing at your local court or have they applied to one in manchester?

If they have you need to get it changed to one near you.

[nuke em]

If you are over 2 months in arrears possession has to be granted BUT that could be a) possesion in 30,60,90,180 etc days or b) Possession suspended with the proviso that you pay the current loan payment plus an agreed amount off the arrears (Judges like this to be less than 5 years regardless the length of the loan and of case law stating that it can be the remaining life of the loan)

[webbscatering]

Just had another thought.

Is the hearing at your local court or have they applied to one in manchester?

If they have you need to get it changed to one near you.

 

No its at my local court, thanks

 

If you are over 2 months in arrears possession has to be granted BUT that could be a) possesion in 30,60,90,180 etc days or b) Possession suspended with the proviso that you pay the current loan payment plus an agreed amount off the arrears (Judges like this to be less than 5 years regardless the length of the loan and of case law stating that it can be the remaining life of the loan)

 

No its not over two months its actually one month, so what will be decided now?, thanks

[nuke em]

They cant start repo proceedings unless you are in arrears equivilant to 2 or more months. For example if your monthly payment was £750 , you would need to be in arrears to the tune of £1500 or more. Now if you are 1 month in arrears , say £750 but their added illegal charges/fees etc amount to £1000. They could start proceedings because you are over the amount equivelent to 2 months payments. ie they say you owe £1750 in "arrears" which is more than £1500 ( being 2 months payments)

You need to start firing off leters to trading standards where they are based, the OFT. the FSA & The CML. I think if you end up in court as they seem to want, they may be a case to get all these illegal fees & charges paid back, i'm sure others on this forum can advise how go about that aspect

[midge61]

" Now if you are 1 month in arrears , say £750 but their added illegal charges/fees etc amount to £1000. They could start proceedings because you are over the amount equivelent to 2 months payments. ie they say you owe £1750 in "arrears" which is more than £1500 ( being 2 months payments)"

 

That's interesting Nuke as I have loan under 25k but was 1 month in arrears (£260) and they added £900 in charges and threatened me with legal action. They never said anything about charges before. So now i know why!

[webbscatering]

Thanks Nuke, the thing you have not seen is my PM with Ell-enn, for obvious reasons I can't put it out on the forum because its part of my defence. But there is transcript of a telephone conversation (I have the actual recording too) with them refusing my offer of additional payments to my monthly instalments and copies of letters indicating I was experiencing short term financial problems which they received by Recorded delivery. And also payments made. The thing that gets me most was no solicitors have been used in this but a lady called Chaplain who is a diector to the company. So it must be difficult to justify any legal costs when the work was done by them and not out sourced to a legal company. One of the PM from Ell-enn, was asking me to pay the arrears and still go to court and see what happens so I may pay that today,...... now that will irk any judge.

[nuke em]

" Now if you are 1 month in arrears , say £750 but their added illegal charges/fees etc amount to £1000. They could start proceedings because you are over the amount equivelent to 2 months payments. ie they say you owe £1750 in "arrears" which is more than £1500 ( being 2 months payments)"

 

That's interesting Nuke as I have loan under 25k but was 1 month in arrears (£260) and they added £900 in charges and threatened me with legal action. They never said anything about charges before. So now i know why!

 

Its a clever, but illegal ploy, remember these sub-prime lenders WANT you to go into arrears for ANY reason, thats how they make most of their profits

[Ell-enn]

Thanks Nuke, the thing you have not seen is my PM with Ell-enn, for obvious reasons I can't put it out on the forum because its part of my defence. But there is transcript of a telephone conversation (I have the actual recording too) with them refusing my offer of additional payments to my monthly instalments and copies of letters indicating I was experiencing short term financial problems which they received by Recorded delivery. And also payments made. The thing that gets me most was no solicitors have been used in this but a lady called Chaplain who is a diector to the company. So it must be difficult to justify any legal costs when the work was done by them and not out sourced to a legal company. One of the PM from Ell-enn, was asking me to pay the arrears and still go to court and see what happens so I may pay that today,...... now that will irk any judge.

 

Yes, and if you do pay the arrears and they don't cancel the hearing, you can ask the judge to instruct that you are not landed with any legal costs as there was no need for the hearing to take place.

 

Ell-enn

 

Thanks Nuke, the thing you have not seen is my PM with Ell-enn, for obvious reasons I can't put it out on the forum because its part of my defence. But there is transcript of a telephone conversation (I have the actual recording too) with them refusing my offer of additional payments to my monthly instalments and copies of letters indicating I was experiencing short term financial problems which they received by Recorded delivery. And also payments made. The thing that gets me most was no solicitors have been used in this but a lady called Chaplain who is a diector to the company. So it must be difficult to justify any legal costs when the work was done by them and not out sourced to a legal company. One of the PM from Ell-enn, was asking me to pay the arrears and still go to court and see what happens so I may pay that today,...... now that will irk any judge.

 

Yes, and if you do pay the arrears and they don't cancel the hearing, you can ask the judge to instruct that you are not landed with any legal costs as there was no need for the hearing to take place.

 

Ell-enn

[webbscatering]

Hi Ell-enn, You're right I will make it clear, thanks

[webbscatering]

Had a phone call from Blemain this morning,

some how they refuse to use BT line and prefer my mobile...wonder why.

 

 

They wanted to come to an agreement to stop this going to court,

I said it was too late as we are going today with the evidence filed in my defence.

 

 

I think they were trying to trick into not going today.

The guy said would I make payment over the phone I said no I will wait for the outcome of today before I make anymore payments,

 

 

He said" right I will put this up on the screen that you are refusing to pay".

I said after a lengthy argument that I was not going to talk to him anymore but let the judge decide.

He said he will look forward to taking my house from me.... ruddy Idiot.

 

The judge was as normal a really nice gentleman in every sense of the word,

I put forward my defence after hearing the evidence from Blemain.

 

 

He has Adjourned the case generally, that no costs are to be added to the mortgage account and this should have never had gone to court.

 

 

He added that Blemein had clearly stoned walled any attempt to settle this and to stop this coming before him.

 

 

he was not happy with the way they have wasted valuable court time.

Blemein asked for an appeal, the judge said categorically denied.

 

He also explained that my offer was more than enough as the arrears could have been spread over the duration of the loan ...20 years, so my offer was fair.

 

 

Transcript of my Telephone Conversation

 

Hello...hello

 

Hi is that kevin

 

yes hello mate

 

Hiya Kevin, right yeah,i just thought we should be looking at time scales at the moment, obviously we need this clearing up as quick as possible with regards to this,

so the fifty pounds offer is not acceptable then?

 

no im not saying that...

 

alright then...

 

Im going to be saying no, you know what we going to be doing here i mean were looking here the quicker the better.....

 

ah hum..

 

i mean the way that I've done it at the moment obviously I've divided it by six, twelve eighteen and twenty four months..

 

ah hum..

 

Were looking at trying to get it cleared off within a year looking around six months £232.24 on top of your normal payments

 

So that will be impossible to make

 

right then i should be looking at the twelve months which is £116.12p

 

Still impossible to make at the moment

 

right your all your doing is offering £50..

 

My offer is £50...um with a review in three months to upping that payments

 

any idea what that payment will be?

 

No idea at all until we review the situation

 

Just hold the line sorry about this

 

ok

 

PUT ON HOLD AT 1 MINUTE AND 3 SECONDS

 

LONG PAUSE FOR 5 MINUTE 14 SECONDS

 

RESUME CONVERSATION AT 6 MINUTES AND 20 SECONDS

 

Hello

 

hello

 

Hi right sorry about all the wait kevin, right basicallywe need an increase payment were looking at trying to get it cleared around the twelve month mark at £116.12p

 

Right..

 

were not obviously refusing the offer but obviously you can make that payment, but were not going to stop court proceddings on it

 

OK

 

So when would you be making the next payment on the account then

 

Whens the payment due

 

Payment was due on the twelth

 

payment was due on the twelth was it??

 

yeah

 

payment you made on the 7th was obviously towards the arrears

 

I see so we need to make payments in straight away dont we ... um dud, dud dud, well it wont be till the end of the month when i get paid

 

right i mean its the last day of the month when you will be making the payment

 

It will be the last friday of the month...that could be next week then.. so it looks like thursday we get paid

 

Right so what i'll do is put a note on there saying you'll going to make the payment via a debit card how much is that payment going to be for

 

That plus fifty quid

 

right that £523.37

 

thats it

 

right what I'll do is note that up on the system on there then for you

 

Ok then

 

all right then thank you

 

any chance you can put that in writing what obviously you just said to me,

 

whats that, you received a court date and so its obviously going to go down to that now

 

Yeah Ok then were put it before a judge then, and that your not happy with my proposal, can you put that ..I mean..

 

At the end of the day were not refusing it, its just not exceptable

 

Thats what your obviously not happy with it are you,

 

well its going to take 27 months

 

I see your not happy with this, I mean um you know I thought it was quite realistic to be honest

 

Sorry!

 

I thought it was a realistic offer with a review in three months

 

Right Kevin the reason were taking you to court is you have not kept up to your contractual payments

 

right

 

that you said you was going to do

 

thats right

 

so obviously by law we can proceed

 

Of course you can

 

Um also what your saying to myself is your going to offer £50 per month

 

Yes in addition

 

in addition

 

Thats right

 

you make those payments we cant turn them back and say we dont want them...

 

You got to except the payments hav'nt you

 

We have to except the payments because obviously you are making payments, but this is not sufficient enough to stop it from going to court.

 

In your eyes its not

 

In my team leaders eyes its not either

 

OK that fair enough

 

If you want to speak to him by all means you can speak to him

 

No No No, this conversation is being recorded as we talk anyway so obviously we will take this recording to court

 

by all means

 

Alright mate, not a problem, bye now

 

END 8 minutes 58 seconds

[midge61]

Hi

 

Well done at court that's a brilliant result.

[sillygirl1]

Well done - the more companies like Belmain try to get round the law the more they are going to come a cropper - congratulations:D

[webbscatering]

thank you for your help, it was nerve wrecking as the evidence was read out most of which was pumped with legal jargon, but the judge was having none of it.

 

When the tables turned I actually felt sorry for the guy on the receiving end the judge never held back on his feelings on what a waste of time this was.

 

What helped was the transcript, the recording kit cost £4.50 on a well known auction site but may have saved my bacon.

 

But not forgetting you guys too, who's advice is invaluable as always

[Ell-enn]

Well done, that's brilliant news. Good to hear the judge acted sensibly and gave you the result you wanted. Hope you are able to relax now the worst is over. I wish you well for the future.

 

Kind Regards

 

Ell-enn

[webbscatering]

Thanks Sillygirl, you guys on this forum are an absolute god send and the info from you, helps towards giving people confidence on beating what was in the past unbeatable.

[webbscatering]

Hi Cag,

back again and even more annoyed with this stupid company,

 

since the last visit to court back in 2009 we have not missed a payment we have paid everything orderd by the judgement including additional payments off the arrears.

 

The problem is and has always been the fact I get paid at the end of every month which was explained to the judge at the time of judgement but he said that he could not change the details of the agreement that was down to Blemein.

We explained this to Blemein but they told us they also could not change the payment due date this was for a judge to do???,

 

just received a very odd statement which only shows july 2011 transactions to oct 2011 which now shows an interest charge of £534.85 @ 11.10% plus £42 monthly arrears charge which was added on the 12th Aug, 12th Sept & 12th Oct also a buildings insurance £312 + £16 insurance charge added on the 26th July

 

so now the debt has gone back up.

 

What actually is happening to the account??

 

Many Thanks

[dx100uk]

ins?

charges?

if these were not on the judgement

why are you paying them?

 

dx

ping ellen

 

dx

[Ell-enn]

Hi, do you have your own buildings insurance ?

[webbscatering]

yes we do

[dx100uk]

opps

spoofed again

 

get reclaiming!!

 

dx

[webbscatering]

sorry my friend but I am bit confused on what you mean by your comment,

 

Thanks