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marvin1

impending reposession Blemain..

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Hi all,

 

we regrettably took out a secured loan of £6500, (which included broker fees etc.) with BF in 2007 to help deal with other debts. a stupid thing to do but at the time were in financial difficulty and thought it was the best way out.

 

our loan period ended september 2012 at which time we were informed that we still owed £3949.

 

to say i was gobsmacked was an understatement. yes we again got into difficulties with repayments but made sure we paid the arrears as soon as we could, {we were never more than 3 months behind }

 

in fact we paid back more than the missed payments, missed payments amounted to £2136, the total we paid by other than the direct debit arrangemnet was £2288.

 

I realise that charges were expected but the amount is staggering. plus the insurance block policy thing has left us with the huge balance.

 

i tried to negotiate with them over the charges and made an offer of £75 per month while we fought the charges. to this day we never recieved any acceptance or rejection of our offer.

 

I wrote to them was to ask for my account balance to be reset to show that the loan had been paid off and just outstanding fees and charges were due, also disputed the amounts charged, i.e. letter and phone call charges.

 

obviously this was rejected and stupidly we stopped making the monthly payments after 3 months. i carried on writing and disputing till July 2013 when we didnt get any replies, just demands and statements.

 

2 days ago we were hit with a repossession court date for January. can they actually succeed in repossession for charges and fees ?

 

we are obviously extremely worried at the fact of possibly losing our home plus there is no way we can afford a solicitor and are a bit confused as to how to answer the defence questions. any help or advice would be greatly appreciated but primarily, we need to find out if they can actually repossess over just added charges, and what are the chances of them succeeding at the first hearing.

Edited by honeybee13
Spacing.

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You need to start building your case and counter claim, you must counterclaim (i believe there is a fee payable to the court of around £80) read threads by welshperson3 under search Blemain he had a similar problem and i believe he had some form of success. You may well be aware BF are regulated via Cheshire Mortgage Corporation who was fined last December £1.25 million by the FSA for treating its customers unfairly, related to charges etc be sure to let the court know this you can because it is in the public demain on the fsa web site and reported in the manchester evening news. They also have Lancashire Mortgage Corporation registered via CMC its a loophle they use because it limits the powers of the FSA against the sister companies.

 

There are success stories against them but because they settle out of court and gag the defendants as part of the deal very little is known as to how many win. you have come to the right place to start diging for information but you have got a lot of reading to do.

 

If you need more time ask for an ajournment, but be sure to let the court know you want to counter claim. you can use Unfair relationship 140 of the consumer credit act, stay strong and stay focused.

 

You are not alone check out "set up to fail" and preditory lending. Blemain do make mistakes always check everything. if you have not already done so send them a subject to access request, with £10 requesting all the information they have on you and your account you can find SAR template letters to help you. good luck and keep posting.

Edited by citizenB

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Hi marvin1

 

I have raised this to see if I can get some help for you please be patient.


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Hi and welcome to Cag.

 

You need to acknowledge the claim before anything else.

 

You need to send the CCA request, make sure you include this

 

You could send them a request under CCA s77(1) - you are entitled to a copy of the ageement and a statement of account comprising (a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

 

use these words in your request

 

You should also send the SAR request.

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Hi Marvin,

 

After acknowledging the claim, you need to ensure you have all statements for the loan period so you can quantify the amount of charges they have added to the a/c over the years.

 

Do you have these ?

 

You also need to organise all your paperwork so you can prove in court that you have made contacts and attempts to negotiate with the lender.

 

:-)


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thankyou very much for the replies, working 11 hour days doesn't leave me much time to do a lot but will send a cca request this evening. can i request an adjournment now or do i have to wait till the court appearance. I do have a full statement which came with the defence letter. this is how i worked out that every late payment was actually paid, albeit some were a month or two late. as far as i can work out all the final figure comprises of is late payment charges, fees for letters / calls. and buildings insurance costs.

thanks again

Marvin

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Hi Marvin,

 

I doubt you'll be seeking an adjournment. Get the Acknowledgement done first and that'll buy you extra time to build your defence and counterclaim for penalty charges.

 

Requesting an adjournment may not be a good idea. This matter should be an absolute priority above all else, including work so, if you need to take time off to attend any hearing, you must do so. Failing to do this may jeopardise your position.

 

You need to list all the penalty and admin charges on a site spreadsheet. This should do - http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=34009&d=1330899219

 

Also see this Article about reclaiming charges but do NOT use this letter in the current proceedings - http://www.consumeractiongroup.co.uk/forum/showthread.php?390026-Mortgages-Reclaiming-Charges

 

:-)


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Tried to send reply twice but nothing has come up, hope 3 replies dont come up together...

forgive me for seeming a bit thick but never had to deal with anything like this before, when you say 'acknowledge the claim' do you just mean fill in the defence forms ?. or do i need to do something else too. i will write a list of all charges later today, do i need to tell them on the defence form about wanting to reclaim charges, and what is excessive, i have been charged £30 for letters, and i nsurance costs vary from about £300 for the first few years down to £70 for the last year and they are still adding insurance costs even though the loan has finished in principle.

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Sorry Marvin, my post and maybe others were based on the assumption that you have received an N1 Claim form from the court.

 

Can you please confirm if this is, undeed, an N1. If not, pleas confirm what form it is.

 

Please also state what the form says.

 

Has there been any previous hearing about this loan in the past.


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Hi there, I am assuming you have received a Claim for Possession of property and that you have received an N11M defence form along with the court papers ?

 

Are you saying that the loan has been paid off but you have been making monthly payments towards the charges they levied on the account ?

 

If the court date isn't till January we have plenty of time to get the defence ready and into court so don't go rushing things till we establish all the facts. We can help you through the process.


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what we have received is the N5 claim for possession of property, a basic statement of the account (balance breakdown) and the defence form N11m. this is the first hearing.

The loan, as far as i can work out has been paid off in principle like i said some payments were late but they were all made by the end of the 5 year loan period. we made 3 payments of £75 towards the charges but never received any acceptance or rejection of our offer for this and stupidly we stopped paying... we havn't made any payments since December 2012.

due to marrige difficulties we were thinking of putting the house on the market anyway, this has prompted us more to do it and intend to do so next week but not sure how we stand on this now the claim is in place.

Thanks

Marvin

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You will need to fill in the N11M form and take it into the court before the hearing. What date in January is the hearing ?


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14th January, and its how to answer the questions apart from personal details i'm worried about getting right to help my case

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OK I can help you with that. The important part is Q27 of the form, where you need to write a statement . Have a look at this guide http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession - there are examples of how to write one


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that's a fantastic help ell-enn, now off to work so will try to get it worded and filled in tonight when i get back.

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i have now filled in and returned the defence forms and also attached a letter for the judge explaining the situation. i.e. we had over the loan period paid all the payments and that what we owe amounts to charges, fees and insurance costs. I also sent a letter to blemain, again stating that the loan in principle had finished also asking if there is any way the hearing could be stopped if i made an offer of £75 per month towards the alleged arrears and that we are putting the house on the market due to a marriage break up, partly due to our financial woes and other personal circumstances. i received a reply today stating that they are unable to restructure this loan and i needed to submit a financial assessment before they would consider my offer of £75 per month, this they say needed to be done by phone and i should not return the form by post...:???:. they also state that the hearing would go ahead unless i made a substantial payment towards the arrears. do you think i would have a case of disputing the costs, letters £30 a time, and missed payment charges £35 each and who do i contact to try to claim, blemain have refused in the past.

thankyou

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Don't do it the way they want, it will be their word against yours. Let the judge know the outcome of the letter and that Belmain want everything their way.

 

As the loan has been repaid the judge may want to order another hearing and ask Belmain to explain the fees and charges added onto the loan after it has been repaid....

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Thanks for the reply sillygirl1 the fees and charges were added along the way over the loan period but i am still unsure how they can try to claim possession. i do hope your right about the judge wanting another hearing. i have enclosed a copy of the letter for the judge. any other views are more than welcome, that dreaded date is looming

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Did you send the papers to the court by special or recorded delivery?


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my wife has taken them down to the court today to ensure delivery but havn't spoken to her tonight yet

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Perhaps Ell-enn could comment on whether you should quantify the penalty charges and admin fees added to the a/c.

 

If they are unlawful penalties, they should be reclaimed in full and, if this was done, wouldn't this wipe out the loan arrears.

 

:-)


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pretty much most of it i would think, there is some on there which relate to interest charges for late payments i would guess but less than a third of what they are claiming

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Hi - you should certainly ask for the charges to be refunded - there is a letter here http://www.consumeractiongroup.co.uk/forum/showthread.php?390026-Mortgages-Reclaiming-Charges send by recorded delivery.


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well i have today had 3 different letters from blemain, most of it seems to be the same thing, a witness statement from a Ms. chaplain, head of collections. also a letter from a solicitors basically saying a change in solicitors acting for them, now have a firm called boote edgar esterkin ltd.

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Change of solicitors usually means they are scraping the bottom of the barrel and you have a stronger case than them.

 

If this is part of a court case, report them to the court and state that this is detrimental to the case.

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