blemain-eviction notice

[jubaxt]

i'll try and keep this to the point,but i'm so upset.we've had quite alot of bad luck over the last couple of years-mum was critically ill,then youngest son had meningitis.then i had more time off with an industrial injury and huge car repair bills-one thing after another.we ended up with a suspended possession order with this god-forbidden company and now have £1300 arrears on the arrangement.through the bad times i have kept in contact with them and have been paying £200 a month over the installment figure.i paid £500 at the end of feb,£50 end of march with an agreement to pay a further £450 on april 14th by cheque ,as our bank had taken bank charges in error and we were waiting to have them re-imbursed.i sent a xheque on april 13th and the following week they issued an eviction application stating that i should have paid by credit card on april 14th ,not by cheque. I know I didnt agree to a card payment as they have taken un-authorised card payments in the past so I avoid using it!I ahve also paid afurther £500 on april 29th.We have had notice that we are to be evicted on 13th may despite keeping to our arrangement-please help-i dont know what to put on the form to request suspension of the eviction-I know i can kep the £500 a month up as arranged-i feel betrayed

[**Tilly**]

Hi jubaxt

 

Im sure someone will come along soon, good luck

[Ell-enn]

Hi there, firstly - don't panic. No judge is going to take your house away from you when you have been making payments as you have.

 

I can help you with the form to apply for a hearing to stop the eviction. Just let me know when you are ready and I'll guide you. From the information you have given in your post I can start to draft the statement for Part C of the form and we can finalise it when you are back on line.

 

Stay positive, we will help you as much as we can.

 

Kind Regards

 

Ell-enn

[jubaxt]

gosh-telepathic?-thankyou so much ell-enn.i have the form ready to complete.hoped to get it in this am-I'm so worried we will lose the house for the sake of this small amount-

[Ell-enn]

Hi there, OK I'm working on the details in your post at the moment, but will get back to you soon for more info.

 

If you take the form into court this afternoon you should get a hearing next week.

 

Kind Regards

 

Ell-enn

[midge61]

hi jubaxt

 

This is one of the worst firms I have had the mis-fortune to get mixed up with so I sympathise totally with you.

 

I had un-authorised payments taken from my bank account by them and it took me 6 months of hell to get it returned.

They have a habit of "losing" letters sent to them even when sent recorded.

 

If you have a good paper trail and proof of all the payments you have made then as El-enn says no judge will grant the eviction.

 

Good luck

[jubaxt]

well folks-just arrived home from court.theres good and bad news

 

firstly,we arent going to be evicted tomorrow which is good news but,good old blemains representive told the judge we had only paid £500 since december when infact we have paid £450 end of feb,£450 during april and £500 beginning of may.Both parties have to provide witness statements over the next 2 weeks.Blemain have to provide payments made details, and I have to respond to this and also provide supporting evidence of payments made.There will then be a later hearing date fixed.Grrr-talk about blemains inadequacies.I will have made a payment of at least another £600 at the end of may so at least this has bought us more time I suppose.

[OLIVE.FAMILY]

Well Done. That sounds like more good news than bad news to me. The court will realise you are paying so that has to go in your favour.

 

Good Luck for the next hearing though

 

Olivesxx

[jubaxt]

THANKS-WELL DONE YOU!!!!Just been reading your thread-glad to hear you escaped the leaches too!!

 

Terrifying isnt it.I really didnt want to lose my house for the sake of less than £1500

[OLIVE.FAMILY]

Yes it is terrifying. Pleased it is all over. I really dont think you will. Make sure you keep us all up to date

 

Olivexx

[Bona]

Im sure you can prove your payments when you do at the next hearing ask that you dont have to pay the costs of that hearing or there charges for preparing the witness statement as it was there mistake otherwise you will find Solicotrs cost on the account for many hundreds

Well done

[Ell-enn]

Hi there, if you need any help with your witness statements let me know. Well done for being brave - I'm sure you will be OK in the end.

 

Ell-enn

[jubaxt]

Thanks Ell-enn.xx

[midge61]

Hi

 

Well done you. I'm sure everything will go in your favour in a couple of weeks and so long as you have proof of payments hopefully the judge will rip into BF for what they have done.

[groovycaz]

Hi all, im still looking into my redemption fees with these cowboys, although i was in mortgage to the lancashire mortgage corporation, when i redeemed my solicitor had to make the cheque out to Prime Business Loans, has anyone heard of them, ive had no dealings with them and cant find them reg at companies house? ..Gc

[Bona]

Try asking Taffr he may know them

[jubaxt]

:-xjust got charges list from blemain-quick glance tells me they have taken over £200 a month in fees:o-can i use this info against them either on my witness statement or at the next hearing-it out weighs what i owe in arrears by a long way.

[Ell-enn]

How on earth have they got to £200 a month in charges??

 

The charges are added on to the outstanding mortgage, not included in the arrears. So what you pay towards your arrears will reduce the arrears.Usually the charges are settled when the mortgage is paid off, but some lenders ask you to start paying them off monthly after all arrears are paid.

 

If you do bring the subject of charges up in your witness statement, make sure it is VERY clear to the judge that they are not included in, or added to, your arrears, but to the outstanding mortgage. Some judges have mis-understood this and thought that there was little or no chance of the arrears being cleared and given possession.

 

Kind Regards

 

Ell-enn

[jubaxt]

right-update folks

 

i have received a list of charges totalling £4462.30(excluding legal costs).

 

 

calls/letters=£52.89+£88.15+£35.26

default=£35.25

pre-lit charge £82.25

court issue fee=£150

instructing solicitors=£176.25

post-litigation charge=£117.50+£235

professional fees £255.10

returned payments 8X£30=£240

 

+£2820=12 months @£235 post litigation charge

 

blemain were ordered by the judge to

 

1)-the claimant shall by 16;00 on 19th may 2008 file in court and and serve on you a witness statement as to the current position of the account with the schedule showing payments since february 2007.

 

I am supposed to respond to court and blemain a witness statement in response to this but nothing has been received either by the court or myself at 15:30.

 

I have spoken to blemains solicitors and thay have confirmed that I have made the payments that I mentioned in court,so in effect

 

What should I do next and how to I ensure I do not amass extra costs because of blemains inaccuracies

 

many thanks

[Bona]

OK wait untill tomorrow and check again they have until 4.00pm today can fax it over then wait untill your next hearing date keep paying when you get the hearing date do a witness saying that that they have not complied andlist everything that you have paid

[Bona]

Also as the paying party you are entitled to see invoices of all amounts put on your account so write and ask for copies of Solicitors bills ask what post litgation charges are what are proffessional fees ask for invoice

[jubaxt]

ta bona-got a hearing date for 23rd june of all days-(should have been away that weekend)

 

I think I only have to go back because of blemains incorrect info in court about payments.

 

What can I do to prevent more fees because of their error?

 

i am going to make another payment on friday and ,if i cant pay all the arrears this month,intend to pay them off on june 25th.

 

what happens if the judge decides to throw out my application for a suspended warrant of eviction?-i wont be thrown out on june 23rd will i?

[Bona]

NO it will take time to get the warrent at least two weeks and if that is the case we can appeal , Ok just keep paying and wait untill tsay the 14th June then do another witnes statement or even before if they come up with one

 

 

 

Take care

[Bona]

there fees are NOT reasonable if they have incurred a second hearing because of there mis information you might have a case for them not being allowed to put on their fees

Edited May 19, 2008 by Bona
left ou a word

[jubaxt]

thanks so much bona;)

 

right-so do i do a witness statement and take it to court by 26th may?(as requested by the judge)-even though blemain may not have provided a list of payments received ,i thought i could mention this and also re-iterate what i know i have paid(+ it will show that i will have paid another payment since the last hearing).

 

then prepare another witness statement before the hearing on june 23rd.do i take it into the hearing? or do i take it to the court office on june 14th ish so the courts read it before the hearing?

 

sorry for seeming so dumb but....