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    • Report post        #10 Posted 2 hours ago HI, We are in  the same postion as you, we had a house fire and was  put in hotel for 2 days  and now council are saying they stopped our H B , even though we didn't know until  rent arrears had built up to £515 , and that was only because we had a phone call form our  H A , we never ever received the letter they sent out saying it had been cancelled we go back to our home 3/4 times a week for mail,  So now we have been give Notice of Possession  and have appealed and been refused, the  H A  were the ones who cancelled our assured tenancy on the day of the fire, and now they have admitted fault and have changed the date so our temporary  address runs  straight on including the H B , I have sent them the information as  well for the group Entitled  to , which you have put on here,  Our time is running out we now have 11 days to Appeal to the Independent Tribunal, we dont want to claim U C , as neither of us are very computer savvy , but mainly because this is NOT  our mistake, I have all the emails where the H A have admitted their errors and changed the dates , these have all been submitted  to the council who pays the H B , but they have still not given us another answer ,even with all the information  and emails from me and  our H  A ,  Please can anyone advice { did go to C A B } but with respect didn't help that much ,  The letter we recently had form the council keeps stating  they ended our H B   due to regulation 79 of the Housing Benefitd Regualtions 2006 ,BUT  it was our H A  that ended our  tenancy on our old property while we stayed in  temporary property in same area.  We have lost our home in that fire and I think we are now going to lose this one, due to people  not doing their job properly.  I am 63 and my husband nearly 60 , and we claim ESA , DLA AND CARERS ALLOWANCE  and have never been in debt , rent or otherwise,  So any advice please x     Quote   Send Sticky Note
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maggie60

blemain/together mortgage - now on 3rd eviction notice - Friday 11th Dec

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I have been a lurker for some time now, but now need some advice.

 

I have received details of a possession hearing from Blemain Finance for a second mortgage and desperately need some help with it.

 

The form to complete from the local county court does not stipulate any reply timings

and we have trying to get as much imformation together as possible before completing it.

 

However, the hearing is early next week and we have spent the weekend getting all the information I can together.

My husband and I are self employed and because of one client going into receivership, another retiring and a third changing supplier.

I have not been able to make a payment to them since the end of May.

 

I have several broken agreements with them because of losing these clients.

I have paid them around £38,000 since starting the £46,000 loan in 2008

and only started having problems in 2012 when I ended the year just under one month in arrears,

 

 

By the end of 2013 we were around three and a half months in arrears

but had entered into an agreement with them where we were paying the monthly repayment plus £71,

 

 

however, I could only keep this up for six months and we are now around £4,100 in arrears,

 

 

I may be able to reduce this by £700 before the hearing but this depends on when we are paid.

 

We are currently rebuilding the business and have good prospects in the pipeline, but with this hanging over our heads it’s very difficult.

 

Are there any reasonable grounds on which I can request the order to be set aside,

or are the county judges obliged to grant anything over two months in arrears?

 

 

I am worried that we have a bad month and can’t make the payment on time and lose the property,

 

 

Although in arrears with our main mortgage we are tackling that and only have one year left on that, albeit it will take two years to clear.

 

There is about £550 difference between what they say I owe and what I have calculated and I guess this is various admin fees etc.

 

Any advice will be gratefully received.

 

Thanks,

 

Sara

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are your main provider aware BF are doing this

they wont like it one bit

 

I bet both mortgages are littered with PENALTY/Arrears charges

and various 'compulsory' insurance YOU CAN RECLAIM.

however doesn't help you immediate problem. dx

 

the regular BF haters should see this soon and help

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Have you received a clear and understandable up to date statement,

 

one line of defence is you cannot defend against a sum that you have not had the chance to scrutinise /analise.

 

This may not be enough on its own, but may earn you an adjournment.

 

Have you any valid reasons to launch a counter claim, CCA unfair relationship 140 etc.

 

Do you know of any charges and have they been charging interest on the charges,

 

i dont know how long you have had the loan but look back as far as you can.

 

Sorry i can't be of more help.

 

Not sure about setting aside with out valid reasons.

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received a statement in their witness statement received about 10 days ago.

 

There are arrears fees and interest applied on them.

 

Had the loan for 6 years into a 15 year term.

 

The charges and interest contribute to the difference I have of £550.

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please contact FCA and report your concern as new laws are in place to protect you from being bullied.

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thank you so much for the links.

 

Let's see if they follow the rules.

 

How late can I submit the form to the court office, can deliver by hand and I need to check a few more things.

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relevant guidance from the fca-

 

Proportionality

 

CONC 7.3.14

01/04/2014

FCA

 

(1) A firm must not take disproportionate action against a customer in arrears or default.

 

[Note: paragraphs 7.14 (box) of ILG and 3.7t of DCG]

(2) In accordance with (1) a firm must not, in particular, apply to court for an order for sale or submit a bankruptcy petition, without first having fully explored any more proportionate options.

 

[Note: paragraph 7.14 (box) of ILG]

 

 

CONC 7.3.15

01/04/2014

FCA

 

A firm should not make undue, excessive or otherwise unfair use of statutory demands (within the meaning of section 268 of the Insolvency Act 1986) when seeking to recover a debt from a customer.

 

[Note: paragraphs 7.10 of ILG and 3.7n of DCG]

 

Enforcement of debts

 

CONC 7.3.16

01/04/2014

FCA

 

A firm should not take steps to enforce a debt if it is aware that the customer is subject to a bankruptcy order (or in Scotland where sequestration is awarded in relation to the customer), a debt relief order or an individual voluntary arrangement (or, in Scotland, a protected trust deed or a Debt Arrangement Scheme).

 

[Note: paragraph 3.9h of DCG]

 

CONC 7.3.17

01/04/2014

FCA

 

A firm must not take steps to repossess a customer's home other than as a last resort, having explored all other possible options.

 

[Note: paragraphs 7.14 of ILG, 3.7t of DCG and 6.3 of SCLG]

 

CONC 7.3.18

01/04/2014

FCA

 

A firm must not threaten to commence court action, including an application for a charging order or (in Scotland) an inhibition or an order for sale, in order to pressurise a customer in default or arrears difficulties to pay more than they can reasonably afford.

 

[Note: paragraphs 7.14 of ILG and 3.7i (box) of DCG]

 

CONC 7.3.19

01/04/2014

FCA

 

Firms seeking to recover debts under regulated credit agreements secured by second or subsequent charges in England and Wales should have regard to the requirements of the relevant pre-action protocol (PAP) issued by the Civil Justice Council. The aims of the PAP are to ensure that a firm and a customer act fairly and reasonably with each other in resolving any matter concerning arrears, and to encourage more pre-action contact in an effort to seek agreement between the parties on alternatives to repossession

 

AND see here especiallyCONC 15.1.1401/04/2014

FCA

Where a firm considers taking action to repossess a customer's home, it should, where permitted, establish contact with the holder of any charges in priority to the firm's charge to minimise adverse impacts on the customer.

 

http://fshandbook.info/FS/html/handbook/CONC/15/1

 

 


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Hi there, the lender cannot include arrears fees in the arrears amount they are claiming and if that is what they are saying on the claim form then the figure they are pleading is wrong. What date is your hearing? we should be able to get a defence statement done over the next day or so - could you deliver it to the court by Friday?


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Thank you both for your ideas.

 

The hearing is next Monday and I can deliver it to the local court office before then, though time is running out quickly.

 

The charges are described on the statement as "Monthly Charge - Arrears" at £48 each. There are six of these since the loan was taken out and the interest is added to this figure which gives us the total figure from which the arrears are calculated.

 

However, these are quite small in relation to the total arrears. Would the court accept it as a defence or laugh it off?

 

Is it too late to file the defence online under the MCOL system?

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No deadline is given by the courts on their form. I thought defences needed to be filed within a certain time.

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Is it too late to file the defence online under the MCOL system?

 

As the hearing is next week it's best to hand deliver the defence to the court.


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Thank you for that ray of hope Ell-enn, I will deliver it by hand once the defence is completed.

 

The difference I have between my calculations for arrears and theirs is the fact they have been charging arrears fees and interest on top of that, and the extra interest on the balance due to the missed payments.

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Can you let us know what you are putting in your defence please, just so we can check you have included everything that's necessary. It should be concise and to the point - have a look at how to set out a statement on page 13 of the guide here : http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession. You can also download the budget sheet from the second post in the guide thread.


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Hi Ell-en, my husband rang Blemain collections this morning to see if they would agree to the monthly payment plus £100 towards arrears until they are cleared.

 

He explained that I had had several angina attacks and was currently undergoing tests for diabetes - just got back from blood test for this. This would have cleared the arrears by October 2017, whereas the previous arrangement they agreed would finish in April 2021.

 

We also have a very sick 12 month old puppy that we believe is from a puppy farm and needs constant visits to the vet - we didn't mention this.

 

They said based on our history and broken arrangements they couldn't do anything and it would be up to the judge to decide on Monday and that they would be applying for the full arrears to be cleared within 28 or 56 days.

 

They do read out the monthly arrears charges after every call to them - does this protect them?

 

We have had a very rough three years and just want to sort it out.

 

Our only defence is there arrears charges and the interest on them - would the court accept this or is it inevitable we will lose our home? Without the mortgages we have/had around £300,000 in equity.

 

Thank you for any advice.

Edited by Sara55
error

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Would you like me to draft a defence statement for you ?


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OK, can you answer the following questions:

 

Is the mortgage in joint names?

Do you have any children living at home?

Do you have any documentary evidence of your medical condition (letter with hospital appointment for tests etc)

Have you completed the budget sheet yet?


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Thank you Ell-en

 

Both mortgages are in my name only.

We do not have children

I will have letters from the hospital specialists which will confirm I have angina including angioplasty operations twice to see if my heart required stents. No proof of diabetes as I only have had blood tests which are handed in when the tests are taken so the hospital knows what to check for.

I will finish off the budget sheet this evening but have all the figures ready,

Edited by Sara55
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Excellent - would you mind emailing the budget sheet to me when you have completed it? I'd just like to make sure there's nothing the other side can pick holes in (if you know what I mean) my email is Ell-enn@consumeractiongroup.co.uk (there is no space between the c and o - the site just shows it like that). Put a message on here to say when you've sent it so I can look out for it.

 

I can then complete the statement tomorrow morning and you can take it to the court. :)


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Of course I will, should have it around 7pm - it that ok, or would you prefer earlier?

 

It is based on the figures I gave Blemain in June when they agreed £25 a month, but are they shown this info.

 

What has always been difficult for them to understand is being self employed and on a tight budget, you cannot say exactly when you will be paid and I am sure their representative will focus on the number of times the arrangements have been broken. However, at times it was just a question of advising them I would be a few days late with a payment, but they made me sound like a serial killer when I mentioned this.

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This evening is fine :)


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Should be emailed to you in 5 mins

 

You should have received two emails just now.

 

Many thanks for your help and advice.

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I've got the emails and replied


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Hi, affixed is the statement for court. You need to fill in the info where there are XXX's at the top (remove the XXX;s) the info you need will be on the court forms you have received. Read through it carefully to make sure everything is OK. When you print it out, your printer needs to be set for A4 paper (not Letter size) so it all stays on one page.

 

On the budget sheet - write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Now assemble as follows:

Statement – signed

Budget Sheet - Appendix 1

 

Make sure it is stapled securely together. You will need to take a photocopy of it all for yourselves so you have a set to refer to in the hearing. When you hand it in to the court ask the court staff if there will be any free legal advisors on duty on the day of your hearing – if so, you can approach them and they will accompany you into the hearing and support you.

 


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