Blemain Debt problem

[mgzteed]

Due to an error on my part I only paid £50.41 last month instead of the normal £90.41. I've since paid the missing amount.

Blemain however, have sent me a letter announcing that my Court order has been breached and they therefore will be going to court to obtain the outstanding sum.

Now the only court order was some 2.5 years ago when I ran up big arrears, which I subsequently cleared. I had thus thought the order completed.

I presume they have the right to do so, but before I ranf them I thought it best to check.

Thanks

[Figaro123]

I have had problems similar to yours.

 

Write to Blemain ( Recorded Delivery) and tell them it is your intention to clear the arears within a reasonable time.

 

Should you receive a posession notice please dont panic. Make an application to the court and you will get a fair hearing.

[mgzteed]

You misunderstood. I have already cleared the arrears, as soon as I realised my error.I just wondered if they could still enforce what I thought was a satisfied judgement or whether it was yet another way of pressurizing debtors

[Lea_HTH]

You would have had to make an application to the court to have the SPO lifted once you'd cleared the arrears (or the mortgagee could have - but they are unlikely to do so unless prompted).

 

When you state you paid X instead of Y - was this the usual monthly payment, or are you in arrears and this is a payment towards arrears?

[mgzteed]

Thanks for the reply.

No,the normal payment is £90.41, I mistakenly paid £40 less as I was in a hurry and didn't check the amount sent, when I received their receipt I saw my error and paid the remainder, but that didn't stop Blemain's threat to use the Court order.

Can I still ask for the SPO to be lifted and how

[Lea_HTH]

You can make an application to have it varied. You'll need to go into the court office to pick up the form, as off the top of my head I can't remember the number of it...but the court staff can tell you, or alternatively you can go onto the HMCS website and have a look through the forms there.

[mgzteed]

sorry to be so ignorant but what does 'varied' mean, as it doesn't sound very permanent.

[cheesed_off]

Hi

 

First time poster here - but have been using the advice on this site for a while. Thanks for everyones help.

 

mgzteed - I also have an account with Blemain and have had a similar issue as you. If you do not get the possession order lifted through the courts, then it will always be there and therefore Blemain could request an eviction if you were to fall back into arrears. When I had arrears on my court order, I was told that due to their system, payment has to be received in full by the day its due and therefore doesnt allow for any extra days like any other payment. If you are worried about the letter they sent (I imagine it was a computer letter) then drop them an email or write a letter. I spoke to a manager called Steve and it was sorted pretty quickly. I do have their email address that I used originally to contact them - not sure if I can post it here?

 

Hope you feel better with that info

 

Richard

[mgzteed]

Thanks Richard nice helpful post

No doesn't make me feel any better I rang them requesting they removed the order and they refused, even though its been complteted since May 2009. Did you get your order removed in the end?

[cheesed_off]

Thanks Richard nice helpful post

No doesn't make me feel any better I rang them requesting they removed the order and they refused, even though its been complteted since May 2009. Did you get your order removed in the end?

 

Hi

 

No I didn't get the order removed as I didn't go back to the court. I don't think Blemain can remove the order, you have to go to the court to do this and it will be their decision. Blemain wouldn't want you to remove the order because if you were to fall behind once more, they'd have to start all over again.

 

R

[Figaro123]

I took out a loan in 2006, the loan completed last year and they were paid in full. They have still not removed the charge on my property. I have written to them concerning this. Lets see what happens. All the best

[Lea_HTH]

sorry to be so ignorant but what does 'varied' mean, as it doesn't sound very permanent.

 

Just terminology - if the order is deemed fulfilled, then the court will lift the order.

 

Contrary to what another poster stated, it is not permanent, they can't just freely use it as they choose, it'll be invalid after six years if you don't fall into arrears again. But, for your own peace of mind, you should make an application to have it varied, as I said.

 

The mortgagee CAN have it lifted, it is easy for them to do so, they just tell the court all payments have been made, but it's not in their interests to lift it, as that would mean if you fell back into arrears they would have to start again. However, there is case law that indicates that such use of a paid up SPO is frowned upon, and a warrant should not be executed on it.

 

Go to the court office and request the relevant form. If all has been well since 2009 there is absolutely no reason to leave it in place.