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

[maggie60a]

Before I complete the revised WS can l just check a few things regarding the procedure at the hearing.

 

I should know this by now, but the last hearing in March 2017 seems a lifetime away. IIRC, the order of events will be?

 

1. DJ reads my application

2. DJ asks me a series of relevant questions - how we got behind, etc. Will I have any wriggle room here to add any bits I am taking off the WS and may be little OT?

3. DJ asks Claimant's rep a series of questions - how much was the last payment etc. I will not be allowed to interrupt and will get a scolding if I do, as in previous hearings?

4. DJ will summarise and give decision.

5. If the DJ declines my application, would I be able to get an extension to the eviction date? This is why I need to have the WS as perfect as I can make it.

Edited February 5, 2019 by maggie60a

[maggie60a]

Just a couple more questions:

 

1. Should I stop harping on about my angina?

2. The two projects I mentioned were deferred - one to mid-January and the other I am just finishing. I have had to buy iPads etc. for this and will not be paid until mid-February for one, and early March for the other. I am unlikely to be paid if they find I no longer have an office (I work from home).

[maggie60a]

On the draft N244 section 6 - I have put down 15 mins and not agreed by all parties. Should I put down a little longer or does the Court take little notice of this?

[maggie60a]

Upload the docs here as a PDF file (only member's can open it) I will then unapprove it so only Site Team can read.

 

 

If I upload the revised WS can someone on the site team unapprove it until submitted to Court and delete the first one?

[AndyOrch]

Upload when your ready

[maggie60a]

Thanks Andy

KCC witness statement 190204 for CAG Site Team rev 1.pdf

[maggie60a]

Andy, could you please lock the PDF until I have finished it

[maggie60a]

Can you please DELETE the attachment on post 181 as it was intended for Site Team only as requested.

[AndyOrch]

Its unapproved only Site Team can view it...try refreshing your screen

[maggie60a]

I can still open it along with the one sent yesterday.

 

Yesterday the PDF showed as invalid when you tried opening it.

[maggie60a]

OK, it must be my IP as I can open it on another laptop on my wifi even logged on as a guest. Tried it on a 4G iPad and it's locked. Thanks.

[maggie60a]

What is the acronym for the monthly amount due on a loan? I always forget it.

 

Is it FMP for fixed monthly payment?

[AndyOrch]

CMI...compound monthly interest ?

[maggie60a]

CMI...compound monthly interest ?

 

I don't think so Andy as it doesn't include any repayment.

 

I am looking for what x is called where loan amount + interest / number of months = x.

[maggie60a]

Could anyone on the site team let me know if I need to make any changes to the WS?

 

Thanks

[Ell-enn]

Hi, paragraph 4 - you have the words "the arrears" twice one after the other. I still think it's too long and too detailed, does the judge really need to know about the medicine your husband has been taking or that you intend to use equity release.

 

I would suggest you just say how you got into the situation of missing payments, and concentrate on how you are going to pay going forward. That is what the judge will base his decision on. All other details are just that, details.

[maggie60a]

Thanks, I do waffle a bit, don't I. If the DJ does decline the application, is there anyway I can get an extension to the eviction date?

[maggie60a]

I’m sorry if this thread is getting a little tedious and appears self-inflicted, but we did have everything under control until my husband became ill in November and I would appreciate a little help.

 

As Ell-en says the judge is only interested in two factors – how I got behind with payments and how I intend to resolve it.

 

My memory isn’t great - will I only be able to answer direct questions from the judge? I want to have the opportunity to say sometime along the lines of:

 

“In December 2017, Blemain took out an eviction notice against us, which was only stopped when we were able to replay a recorded conversation where a member of the collections team agreed to stop any action if the Court payments were brought up to date in December. Yet they have failed to repay the costs they applied for this despite it being their error.

 

Blemain were recently fined over £1.2million by the FSA and ordered to repay £2m to clients who were treated unfairly when in arrears. Their CEO was forced to step down and their Head of Compliance banned from having any significant influence within the company.

 

Amongst sub-prime lenders their reputation is synonymous with cases of malpractice and there is little incentive for Blemain to obtain anywhere near the market value of our home if the eviction goes ahead. The balance they are claiming is outstanding represents around 10% of the house’s true value and I am sure many costs will be added to increase the debt.

 

Furthermore, I believe their balance has been considerably inflated by unfair fees and interest charges on those fees. Their standard monthly arrears fee of £50, if added in January 2011, with interest would currently stand at £130.66, rising to £251.80 by the end of the loan and to £459.28 by the time the loan is fully repaid. I believe these are adding around £3,500 on the current balance and considerably increasing the time it will take to repay the loan. If our application is successful, once the arrears are cleared I would take out a subject access request to review any fees we feel unwarranted and challenge these.”

Or is that just too much detail for a 15/20 minute hearing and not really relevant?

 

Sometimes you are just too close to a problem to see it clearly.

[Ell-enn]

You will have very little opportunity to tell the judge much at all. He/she may ask a few questions but as I said before, the judge's main purpose is to decide if there is a good chance you can maintain payments towards the arrears in addition to the normal monthly payment.

 

What date did you get for the hearing ?

[maggie60a]

 

What date did you get for the hearing ?

 

 

Monday 10am

[Ell-enn]

Hi, make sure you get to the court in plenty of time and ask if there are any duty legal advisors - they can accompany you into the hearing and support your case. If the lender's solicitor approaches you and tries to get you to agree to anything, just say you'd rather let the judge decide.

 

Good luck, stay positive.

[maggie60a]

Thanks, what time would you suggest for a 10am hearing?

 

If things go badly, can we request the eviction be deferred, adjournment? - sorry if this is a silly question, mainly worried about our dog.

[Ell-enn]

Things won't go badly - you'll be fine - I'd suggest you get there for 9.30

 

In the event of the unthinkable happening you could ask the judge for time to move, do you have any children living in the property?

[maggie60a]

No kids

[maggie60a]

All good!

 

Haven't been well over the last few days, so had to send mrmaggie off to represent me and according to him not a nice hearing, as one would expect on warrant no 7 (according to Blemain), no, 6 according to me, but I did think we were on no. 8.

 

He got the duty legal bod to help him as ell-en suggested and fortunately Blemain's rep was the legal equivalent of Ryanair, asking the judge for lots and getting absolutely nothing. They really do pay peanuts and get monkeys.

 

The judge agreed the application on two main grounds:

 

1. During the last two years we have reduced the arrears by £2,400.

2. The equity in the house is 10x greater than the secured charges (2 mortgages) against it.

 

I have been trying to find if there is any point in chasing the "unfair" charges Blemain make and cannot find any successful cases - anyone know of any?

 

Thanks for all your help.