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

[maggie60]

Hi, I'm back again.

 

I made 8 payment of the monthly amount plus £200, so repaid £1,600 but I have recently missed the second payment in a row.

 

I have just received a General Form of Judgement or Order from the court saying on the instructions of the judge, "it is ordered that under CPR 83.2 the Claimant may issue a warrant of possession for land in this case."

 

Ni warrant received yet, but is this some form of fast tracking the eviction date giving me less time to defend it?

Can they escalate it to the high court sheriffs?

[dx100uk]

Could of had this all sorted by now if you'd sent that sar and got reclaiming.

[maggie60]

Could of had this all sorted by now if you'd sent that sar and got reclaiming.

 

 

When I am simply paying the monthly amount and arrears I do not understand how a SAR can help. I would query and attempt to recover unfair charges at a later stage.

[dx100uk]

Its called taking control band fighting back

Instead of bending over each time and submitting.

 

This has been going on for plus 3 yes.

 

Take control!!

[maggie60]

I originally started this thread as Sara55, but lost the password ages ago and couldn't recover it, so I had to create a new account. Sorry for any confusion.

 

 

Can anyone please explain the difference between a Warrant for Eviction Order and a Warrant for Possession of Land which Blemain are now using?

[Ell-enn]

If you have a suspended possession order and miss payments on the judgement then the lender can apply to have you evicted which is what has happened in your case. You will need to apply to the court on a N244 form to get the eviction cancelled, but wait till you get the eviction notice as it will cost less.

 

Have you contacted the lender and made a proposal for payment ?

[maggie60]

If you have a suspended possession order and miss payments on the judgement then the lender can apply to have you evicted which is what has happened in your case. You will need to apply to the court on a N244 form to get the eviction cancelled, but wait till you get the eviction notice as it will cost less.

 

Have you contacted the lender and made a proposal for payment ?

 

 

Thanks Ell-en, I have successfully defended several attempts by Blemain with much help from you and I thought they may be changing tack to speed things up. I have never received a letter like this from the court.

 

 

So I presume they applied for an eviction order at the same time as the court letter (6th December) so looking at an eviction date around 3rd January? Before this I should be able to make a payment of 2 x monthly payments plus 2 lots of £200. So I will only be one month behind which I will offer to pay off over 3 months, if they agree to suspend the eviction. I will contact them when I am in a position to make this payment.

[maggie60]

Ell-en would there be any mileage in taking out an SAR against Blemain at this stage. It was something I was looking at more towards the end of the loan and has ANYONE been successful in reclaiming charges from Bkemain?

[Ell-enn]

While an SAR is helpful in recaliming charges etc they are allowed up to 40 days to supply the info so it will be no use in the immediate situation, you need to defend again. I suggest you write them a letter to post o Monday (special delivery if you can afford it), outlining the reason for missing the payments and making your offer to clear the arrears - we can then use that letter in your N244 to show the judge you have tried to come to an arrangement and their action is not a last resort.

[maggie60]

Good idea to do it at this early stage. What about sending by email, if only to get a faster reply from Blemain with the Christmas post?

[Ell-enn]

You can't be sure they will read the email quickly enough - if you send the letter by special delivery, it is guaranteed to be delivered bu 1pm the next day and they have to sign for it. If you need any help with the letter let me know.

[maggie60]

Thanks, I will post the draft on here, but want to wait until Wednesday evening when I will have a better idea of my income this month (self employed).

 

Will post Thursday so they have it Friday morning.

 

They always acknowledge emails I send them.

[dx100uk]

Ell-en would there be any mileage in taking out an SAR against Blemain at this stage. It was something I was looking at more towards the end of the loan and has ANYONE been successful in reclaiming charges from Bkemain?

 

 

yes

get it done once this has settled in court

[suffering]

If you know of unfair charges, fees, interest insurance etc you may be able to raise a defence to the eviction order on the grounds that you do not owe the amount they are stating or put another way they owe you more than the arrears this is why it is important to do the SAR or at least bring it to the courts attention that the arrears amount is in dispute,

 

at the very least you need a a full and understandable breakdown of your account detailing charges etc.

You need to raise serious doubt that You and the Court have been mislead by Blemain and without the true breakdown of your account you are in a unfair position.

 

Request it now without delay by email and signed for post giving them 14 days to respond

 

I can see that this advice is late in the day but if you can prove that they mislead the court you may have a case

[maggie60]

Thanks Suffering, I am yet to receive any figures from Blemain (nearly two weeks after the initial proceedings letter) or an eviction date.

 

However, when I checked this out before I found their figures were calculated before was monthly payments minus payments received = arrears figure. This is why I am leaving the SAR action toward the end of the loan.

 

I should be in a position to get 3 monthly payments + £200 per month on 27th Dec. bringing the court order up to date and the arrears £2,000 less than the hearing last March. I hope they haven't wangled an eviction darte before then.

[suffering]

I dont know if i can make this any clearer than the other people that have been trying to help you but things are urgent now.

 

You need to SAR them today when and if your loan ends you can SAR them again.

 

But without the correct information you do not know where you are and believe me they will try and run rings around you.

 

I am not sure if the reason for not sending a SAR request is because you are frightened of rocking the boat

but believe me they will sink it anyway given the chance.

 

Do it do it do it only then can you start to dig your way out

 

PS when you get the information you will no doubt find something you was'nt aware of at the moment you do not know what that "somthing is"

[maggie60]

While an SAR is helpful in recaliming charges etc they are allowed up to 40 days to supply the info so it will be no use in the immediate situation......

 

 

This is why I am leaving the SAR for now, they have smartened up. As I attempted to explain to you before monthly payments minus payments received = Blemain arrears figure.

[suffering]

before monthly payments minus payments received = Blemain arrears figure. MINUS unfair charges mistakes unfair interest unfair fees =?????

[maggie60]

So if there figures are accurate and can be seen to be accurate, I cannot dispute them. I am sure the figure Blemain will claim the figures are bear little resemblance to what is on the ledger.

 

 

Put simply, if I am 120 months into a loan where the monthly payment is £x and I have only made 110 payments of £x, I cannot dispute I am 10 payments behind.

[maggie60]

before monthly payments minus payments received = Blemain arrears figure. MINUS unfair charges mistakes unfair interest unfair fees =?????

 

 

They do not include these

[suffering]

Blemain are not going to tell you that they have over charged you and deceived you.

 

please do your home work and read some of the threads about this company and their charges

 

I just thought i'd add it is worth the time and effort to pursue a claim to get the charges and fee's as Blemain have a history of settling out of court,

you may also be aware that Cheshire mortgage Corporation (the sister company that blemain used to regulate under) was fined along with the chief executive Henry Moser £1250000 / £1.25 Million for mistreatment of its customers.

 

over 10 years

How much have you been charged for phone calls?

Letters?

Visits?

Insurance?

 

Do you have charges from Monarch Recoveries? (a fictitious company)

PPi?

Mis-calculations?

how much in fees?

charges ?

Penalties?

 

Have you been charged interest on these unfair amounts

 

IF YOU DO NOT KNOW THE ANSWER TO THESE QUESTIONS

You May have been charged thousands of pounds.

 

So if you are 10 payments behind and they owe you ££££££££ you may not be as far behind as you think

you know how to find out.......... SAR

[maggie60]

Does anyone know how long an eviction order takes to run. Our previous ones have been 28 days - is this still the case and could there be a hold up over Christmas?

[AndyOrch]

https://www.citizensadvice.org.uk/debt-and-money/mortgage-problems/eviction-for-mortgage-arrears/#h-what-happens-after-the-court-hearing

[Ell-enn]

It will depend on when they actually apply for the warrant and how busy the court is when they receive their instruction - very difficult to say, but you should have time to enter an N244 to defend.

[maggie60]

Thanks Andy and Ell-en,

 

 

CAB leaflet says 7 to 14 days after application. Have there been recent changes as previous ones were always 28 days and a hand delivered letter 14 days beforehand?

 

 

Hopefully it will be after 27th December when I will be completely up to date with payments, if this counts for anything and the judge hasn't lost patience with me? Next payment due on 21st January, if I am still there.

 

 

By now I would normally have received half a dozen letters from Blemain quoting the arrears figure, but only received one letter saying they were taking proceeding and would advise me of the eviction date.

 

 

Ell-en, I will not know if I can get the payments up to date until the 27th and do not want to make promises I am unable to fulfil, what do you suggest about the letter you mentioned.