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impending reposession Blemain..


marvin1
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Just read entire thread right through ,it sounds Marvin that you have a good case. Surely if they try to re-schedule court date for a 3rd time you can contest this and try and get some resolution on all this as I am sure your nerves are shattered with this and problems at home with the Mrs as well. Big pat on back for all who have been helping Marvin, fingers crossed you finally get it sorted. this company sound terrible MORAL OF STORY NEVER TAKE OUT A SECURED LOAN ON YOUR HOUSE ,there is usually another option

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  • 4 weeks later...

well had the first hearing yesterday, didnt last long...blemain are now wanting it to go to trial. one good thing was that in an e mail i received cantor said they were going to get my defence struck out because it wasnt signed with a statement of truth, the one i sent to the court had been signed and the judge told them it was fine and ignored /deleted part of their direction....so now i have to start getting a lot of things together and wait for blemain to come up with proof of all their costs

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  • 3 weeks later...

Just read your thread from the start, i am in the same position as you regarding my loan being paid but then found out i had charges, telephone calls, block insurance payments, all with interest added. I am probably 3 months behind you as first court date has just been sisted. Good luck and I will follow your progress.

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  • 3 weeks later...

hi bigmac, good luck to you also, am in the progress of getting everything i need listed and have also written to cantor law asking for a breakdown of every charge and exactly what it cost them. i noticed on their last letter they said they needed to employ extra staff to cover bad debtors..we will see what they come up with.

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well i have just had a letter of a 'reply' from cantor law which has been filed in the court, tried to get hold of welshperson3 but had no luck, is there anyone else able to give me a bit of advice ?. i am working my way through it with some help from other legal sites but would like to get it right before i return my reply.

cheers

 

Marv

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Hi Marvin,

 

We need to know what Cantor Law have said, if we're to offer any help.

 

It should be ok to post on-thread but, if you don't want to just now, you can send me a PM.

 

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  • 2 weeks later...

sorry i havnt been online for a while, basically i have had a letter from the courts which have set out dates for certain things to happen, i.e the claiment had to file a reply by 25th April, both parties have to provide standard disclosure by May 23rd and an exchange of witness statements by 18th july.

Blemain have filed their reply which basically says they are denying everything they say they have sent a breakdown of all charges / fees, yet they still havnt given proof of any costs etc.it is denied that any of the charges amount to penelty charges and it goes on and on it also says we had been in breach of the contract for 'substantial amounts of time' the longest we were ever behind was 3 months, we then made a one off payment to more than cover the missed payments.. basically i need to re affirm why i think the charges are unfair and for what reasons before 23rd May...or is there more i need to do.

thankyou

Marv

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Hi Marvin,

 

Have you used the mortgage penalties POC for pointers re your arguments and evidence.

 

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We could do with some help from you

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  • 2 weeks later...

sent off a reply to what cantor law sent me last week, to which i had a reply stating that i couldnt re submit a defence without seeking authorisation from the court, they also say that a lot of things that i have been pointed too do not apply to second charge mortgages. ie mcob rules and also that the case that welshperson referred me to was totally incorrect, in fact they say they obtained a money judgment, possession order and substantial costs. so i am now at a loss at the moment. they say i am supposed to file a standard disclosure, any idea what i am supposed to put in a 'standard disclosure' ?

they are hitting me with all this legal jargon and i dont mind admitting i am confused and not sure which way to go next. on top of that they made me an offer for me to pay back a reduced amount, not very much reduced though, to save on costs that they estimate to be in the region of £25,000 if they were to succeed in the trial.

thanks

 

Marvin

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There is no point in having a good solicitor as the lender will only up their costs accordingly - experience has shown that they would go for a barrister to help their flimsy case.

 

The more flimsy their case, the more legal jargon they throw at you.

 

I've flagged the post for some more experienced people to give you help.

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anybody give me some pointers on the 'standard disclosure' and what i should put in it or leave out ?

 

You need to include any or every thing that you will want to rely on in court. If you havent disclosed it, then you will not be able to use it.

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