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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Blemain finance


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I couldn't find any connection with Lehman Bros either and I spent a lot of time on it last night. Apart from the Barclays stake, they got funding from Bank of Australia and HBOS, which is not great news given HBOS seem shaky now. JonCris, two questions if you don't mind? Surely neither Blemain or a new owner can repossess if one is completely up to date with payments? And if they are sold, could it be an opportunity to have the terms of the loan/mortgage agreement redrafted? MG

 

1st no you would need a court to amend the contract

 

& 2nd yes if you keep to the contract there's little you can do but remember they can & already have increasing monthly payments & once you miss a payment there's little they will do as if the mortgage is in a SPV the terms cannot be changed also with the connivance of both the government & the FSA these financial products fall outside a mortgage lenders normal code of practice or government regulation

 

This is intended to make it easier to liquidate (repossess) the asset & is why they appeared more attractive to the banks, easier to kick folk out rather than go through all that time consuming business of trying to help the desperate

Edited by JonCris
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Forgot to mention but there is 1 light at the end of the tunnel in that if when you took out the mortgage it claimed to offer you all the usual protections of a normal mortgage & after being bundled into a SPV those protections became non-existent there might be grounds for disputing the agreement as being unfair

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Guest dvdriley

HENRY Moser and his family, who hail from Bury, control 84 per cent of Jerrold Holdings, which was formerly known as the Blemain Group.

The company, which has operated from Manchester for the past 30 years, specialises in property and investment, along with the provision of secured finance to property developers and consumers.

With impressive profits for the year to June, 2004, of '26m on turnover of '54m, it is suggested that 55-year- old Mr Moser and his family have an interest in the Jerrold Holdings business worth '140m.

We estimate Mr Moser's wealth accordingly.

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Guest dvdriley

HENRY Moser and his family, who hail from Bury, control 84 per cent of Jerrold Holdings, which was formerly known as the Blemain Group.

The company, which has operated from Manchester for the past 30 years, specialises in property and investment, along with the provision of secured finance to property developers and consumers.

With impressive profits for the year to June, 2004, of '26m on turnover of '54m, it is suggested that 55-year- old Mr Moser and his family have an interest in the Jerrold Holdings business worth '140m.

We estimate Mr Moser's wealth accordingly.

 

HENRY Moser, the boss of Manchester-based lending house Blemain Group, is edging closer to selling a majority stake in a deal which could net him around '260m. Barclays Private Equity is reportedly set to win a bidding battle for the business.

 

Blemain specialises in secured lending to residential and commercial customers and completes more than 1,000 cases a month.

 

Publicity-shy Mr Moser founded the business more than 30 years ago and is one of the richest men in Britain, with a fortune estimated at around '150m before the sale.

 

The group employs more than 200 people but is often described as one of Manchester's best-kept secrets.

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Some slight progress; Blemain have today been in touch with my solicitors over extending the length of my lease; it took two letters, two faxes and three phone calls over the course of a month. I think it was probably copying the solicitors in that did the trick.

 

Have established the name of their Group Legal Director if anyone needs it: Anis Waiz. Maybe try copying SAR requests to him? On my possible future redemption charges I've initially done an SAR to the arranging brokers, to find out what they agreed with Blemain as this obliges them to give me third party correspondence. We shall see..

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  • 3 weeks later...

Not heard from the broker yet but have done some research into the possible future redemption charges from lovely Blemain. The amount of the loan is 432.50 more than I borrowed, the fee for redeeming the loan is 556.75 more than it states in the contract it should be (and also states on my direct debit mandate), they are charging £1100 for insurance that I don't need and they have included a telegraphic transfer (TT) fee of £35.25. As I will be sending them the money and almost certainly via BACS transfer, this is a sneaky little 'extra'. For all of you who paid up I really think it is worth pestering them for your SAR and going into the final payments because clearly from what I've found out they are proposing to try and swing bogus amounts and charges on me.

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  • 2 months later...
  • 1 month later...

Hi all

 

How is everyone getting on with BF?

 

I unfortunately due to cut in wages failed to make Jans payment. Wrote to them and explained and offered to pay extra each month from the next payment on. Got a phone call and bloke was very nice and said thats ok.

 

Anyway last week got a call and snotty woman said I needed to make a payment of £11 to stop charges being added so I said sorry no can do and I have already made an agreement she said well if you don't charges will go on so tough. I then said I wanted a copy of all charges that have been applied to account as one never supplied.

 

I received that yesterday. £35 per, letter £35 per phone call and a £250 charge for instructing Monarch to deal with me last year! £1.300 in all.

 

Have written to my MP asking why powers that be are not putting pressure on these sub prime lenders to cut their interest charges and he has written to the chancellor for an answer.

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Guest dvdriley

Well heres an interesting thing, Henry Moser, fesatured in sunday times rich list, owns Bleiman Finance. Monarch recoveries is based on the floor above him in the same building. And guess what...... HE OWNS MONARCH as well

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  • 2 weeks later...
Hi all

 

How is everyone getting on with BF?

 

I unfortunately due to cut in wages failed to make Jans payment. Wrote to them and explained and offered to pay extra each month from the next payment on. Got a phone call and bloke was very nice and said thats ok.

 

Anyway last week got a call and snotty woman said I needed to make a payment of £11 to stop charges being added so I said sorry no can do and I have already made an agreement she said well if you don't charges will go on so tough. I then said I wanted a copy of all charges that have been applied to account as one never supplied.

 

I received that yesterday. £35 per, letter £35 per phone call and a £250 charge for instructing Monarch to deal with me last year! £1.300 in all.

 

Have written to my MP asking why powers that be are not putting pressure on these sub prime lenders to cut their interest charges and he has written to the chancellor for an answer.

 

Hi Midge, I eventually got a statement from Blemain just before Christmas but it just showed amounts paid by me and nothing about the balance etc. Or at least at first - they were slow to reply so I chased; a couple of weeks later I got the same covering letter but this time with some internal info. about charges. I haven't missed any payments so was surprised to get a call from Monarch at the weekend. It turned out to be their mistake - what they wanted to tell me was that direct debits are now being taken on the last working day of the month and not as agreed on my DD.....mine will change next month. WARNING: you must all be aware of this; they said they had sent a letter but I haven't had one. I had better check that I am not being charged for the call either....

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Hi

 

I pay by standing order due to them taking double payment a couple of years ago and it taking me 6 months to gett them to return it.

 

At least they can't muck me about now and I know the payment goes on time and have proof on my statements.

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Hi all

 

How is everyone getting on with BF?

 

I unfortunately due to cut in wages failed to make Jans payment. Wrote to them and explained and offered to pay extra each month from the next payment on. Got a phone call and bloke was very nice and said thats ok.

 

Anyway last week got a call and snotty woman said I needed to make a payment of £11 to stop charges being added so I said sorry no can do and I have already made an agreement she said well if you don't charges will go on so tough. I then said I wanted a copy of all charges that have been applied to account as one never supplied.

 

I received that yesterday. £35 per, letter £35 per phone call and a £250 charge for instructing Monarch to deal with me last year! £1.300 in all.

 

Have written to my MP asking why powers that be are not putting pressure on these sub prime lenders to cut their interest charges and he has written to the chancellor for an answer.

 

Midge do you have anything in your initial agreement stating that letters and telephone calls will be charged at the rate of £35.00 each?

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Blemain Finance charged me collection costs to the tune of £1305 and £2030 when redeeming loans of £27000 and £52000. I wrote them for a breakdown and it consists mainly of telephone bills and letters costing £30 each. They stated that this was stated in the credit agreement when the loan was completed.

 

I do not remember seeing any such tariff in the agreement and I have not got it in the agreement that I have. Has anyone hear heard of or seen any such tariff in their agreement with BF.

 

Secondly does it not seem rather exorbitant to pay such for a telephone call or a letter? Can these be claimed to be penalty charges?

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You can get a list of Blemain's charges from their revised website. The charge clause in my contract reads as follows ' The Lender will charge the Borrower for the provision of certain administrative services'.

 

It then goes on to talk about further security over the property but then says 'provision of statements (other than the annual statement free of charge or settlement figures to third parties'. But there is no list of charges attached to the agreement as an appendix and I don't know whether they are enforceable. MG:-|

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Any body who feels they have been charged excessive charges in a blemain loan at set up may wish to speak to Andrew Oaks of Capital Law (Cardiff) who is considering putting together a Group litigation in the matter of hidden commission payments.

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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Any body who feels they have been charged excessive charges in a blemain loan at set up may wish to speak to Andrew Oaks of Capital Law (Cardiff) who is considering putting together a Group litigation in the matter of hidden commission payments.

 

Hi, can anyone explain what exactly is meant by 'hidden commission'? Also, what does joining a group litigation imply; is it on shared fee, or no win, no fee basis? MG

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hi all

 

The statement thing is due to a change in the consumer credit act. All firms must now give borrowers a statement of account at least once a year. I notice on their website the example doesn,t show the interest rate.

 

I don't know what it says on my agreement about charges will dig it out and check.

 

Sprouty, that is very interesting. I was charged £950 broker fee even though I phoned BF directly and was not told about the fee until I saw it on the agreement. As I was desperate at the time I didn't query this.

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Any body who feels they have been charged excessive charges in a blemain loan at set up may wish to speak to Andrew Oaks of Capital Law (Cardiff) who is considering putting together a Group litigation in the matter of hidden commission payments.

 

Count us in.:)

 

And mymaterob, who has just had his flat repossessed 'cos of Blemain! Lots of charges in the amount they said he owed.

Edited by phatram
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Hi, can anyone explain what exactly is meant by 'hidden commission'? Also, what does joining a group litigation imply; is it on shared fee, or no win, no fee basis? MG

 

Its on a no win no fee basis and you may find you qualify for legal aid anyway .....nothing beats a try.

'I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.'

Thomas Jefferson 1802

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  • 4 weeks later...

Hi all

I have had a letter from BF today.

 

The letter is as follows

 

Notice of default Sum

 

It says it has to give notice under the CCA 1974 of certain fees and charges added to the account.

It lists two charges 1 phone call and 1 letter and the amount of each,

 

 

At the bottom is

Interest

 

we are not entitled to charge interest on default sums for the first 28 days after we have given you this default notice. However if the sums are not paid in full by that date interest will be charged at the rate of 14.90% per annum. Since the interest rate is variable, the rate we will apply to the default sum once the 28 days has passed may be differrent.

 

 

I have never received one of these before although I recently got a statement of charges amounting to over £1200 so god knows how much interest has been added to them!

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