Jump to content


  • Tweets

  • Posts

    • FE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdfFE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdf Hi , I attached letters as described 
    • FSO is orchestra..FOS. erudio wont go anywhere near a court with this. your main issue is you keep poking the bear..and using the phone. they cant enforce them and they cant refuse back dated deferment.   get our copy of the old blank SLC deferment form from the home page of this SLC forum. filling out copies for the years you could/did not defer   send them off to erudio with a covering letter that you will not be entering into any further discussions over the issues   let 'em sweat.   as for admission, well you've got to do that anyway.
    • There's plenty information in the links I have provided which would suggest so...a deed must be witnessed ..not necessarily independent..but without three signatures its validity must be questioned.   See what your Solicitor thinks.
    • It seems there are a number of issues here. The first is that the matter was heard in your absence even though you informed the court that you would not be able to attend the hearing. It is most unusual for a court not to allow an adjournment for a minor motoring matter when the defendant has asked for one and has a good reason for asking.   Unfortunately, pleading guilty to speeding was the worst thing you could have done. They have no evidence that you were driving (that comes from you providing your details). When I asked you earlier whether you intended to ask for the usual “deal” (to drop the FtF charge in exchange for pleading guilty to speeding) I assumed you knew that you must maintain Not Guilty pleas to both matters until the deal was agreed. What I don’t understand is why you have not been convicted of speeding in view of that plea (and, as mentioned, how you didn’t land up with nine points).   The fine and costs seem to have been based on the default weekly income of £440 per week (the fine is 1.5 times weekly income). So, unless the income you stated was coincidentally £440 pw, it seems the statement of income you provided has not been used.   This is a mess, some of it down to you and some, it seems possibly down to the court. An appeal to the Crown Court is not advisable. You have not mentioned why you failed to provide the driver’s details but without you being there to offer a defence (and it’s a difficult charge to defend anyway) you were probably properly convicted of that. You were also lucky not to have been convicted of speeding. If you appeal against conviction to the Crown Court it will almost certainly fail and you may end up with a speeding conviction plus the Crown Court costs (which may be around £1k) into the bargain.   I believe your avenue of approach should be to the Clerk to the Justices of the area where the court is (details are available online from HMRC website). You should asked for the matter to be reopened under Section 142 of the Magistrates’ Court act. Paragraph 1 of that section says this:     Power of magistrates’ court to re-open cases to rectify mistakes etc. (1)    A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.   You should make your request on the grounds that you were refused the adjournment you requested, were not informed of that refusal, and therefore had no opportunity to attend your hearing. I would attach a copy of your original request. You were therefore not able to properly state your case. You can also state that you were not fined in accordance with your means (though be a bit careful with that if your income is significantly above £440 pw).   The issue really is that, faced with being unable to attend the hearing and learning only a short time beforehand that your adjournment had not been granted you were panicked into action that you had not properly considered (i.e. pleading guilty to speeding). I would not, however, put it like that (because that is what you intend to do anyway if you get a fresh hearing and are able to do a “deal”). The deal with the prosecution is conducted routinely every day and will be well known to the Clerk to the Justices, the prosecutor and the Magistrates. But you need to secure a fresh hearing, have the original conviction set aside, and start anew. A request under S142 is the only way to achieve that so I hope you succeed. You may want to seek legal advice to help you with the above. Alas to get representation in court will almost certainly cost you more than you might save but bear in mind you now have an endorsement code MS90 on your licence. Insurers absolutely hate that (because they wonder what you might have done that you didn't want to accept you were driving) and it will increase your premiums for up to five years (might be worth getting a couple of dummy quotes to see the effect).   I don't think I can help much further but if so le me know.  
    • Thanks for the response Andy.   That is correct, there is no third signature, the blanked out sections are my own name and signature. The deed was only signed by my self and the bank manager that dealt with me, so only 2 signatures.    Would you assume the deed is invalid?
  • Our picks

    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
        • Like
      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
maggie60

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

Recommended Posts

Hi, you can't send attachments by pm - but I will send you a pm now with an email address you can send it to


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

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 duty legal advisors on duty on the day of your hearing. You will need to take the £50 court fee in cash.

 

Affixed is the N244 form and below are the instructions for completing it:

 

1.Name

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

11 Sign and cross out all options except Applicant

Sign and cross out all options except Applicant. Enter your address andcontact details.

 

Many thanks, I have made some minor adjustments but other than that they are great and a tremendous help for me.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

Not really Andy, my husband received a call from Blemain while driving back here which presented a very bleak picture.

Share this post


Link to post
Share on other sites

Rather not Andy as I am sure staff at Blemain scan these forums, but thank you. They really know how to demoralise you at Blemain.

Share this post


Link to post
Share on other sites

Can you send me a pm about it ?


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

The lender can say what they like at this stage, but it's not what they say that matters, it's down to the courts. They probably want to put you off going to court at all by saying it would be pointless, and either panic you into somehow getting a lump sum together or go ahead and evict without any opposition.

Share this post


Link to post
Share on other sites

Absolutely correct !


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

What really annoyed us off was to refuse our offer and STILL EXPECT US TO PAY 90% OF WHAT WE HAVE IN THE BANK TODAY ANYWAY!!

ANd THEIR UTTER SHOCK WHEN WE SAID NO.

Share this post


Link to post
Share on other sites

I'd like to know why they are discussing this with your husband when the mortgage is only in your name ????


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

Since I have been suffering from chronic angina he tries to take as much pressure off me as possible.

Share this post


Link to post
Share on other sites

Did you ever give them permission in writing to discuss the account with him ?


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites

I really can't remember. He has been dealing with them for years. IIRC there was some formality to it.

Share this post


Link to post
Share on other sites

Hearing is early tomorrow. How should we present the proof of income to the judge? Letter with labelled attachments and hand in to the usher on arrival?

 

Would it be wrong to suggest to the judge that we make the December payment due on 19th December during the hearing or would it be better to make the payment before we leave?

 

 

This will leave only a little in the bank but it is going to be paid shortly anyway.

Share this post


Link to post
Share on other sites

You could prepare the proof of income as you suggest and ask on arrival. See if there's a duty solicitor there who may be able to help you.

 

Tell the judge you have the money but wait and see how it goes before paying it - just in case you might need it if the worst should happen.

 

Let's not think about that though and stay positive. :)

 

What time's the hearing?


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Share this post


Link to post
Share on other sites

All went really well so much thanks to Andy and particularly Ellen.

 

I had a really bad night and got maybe 20 minutes sleep, and I had a really bad angina attack.

 

Mr sara55 had to attend on my behalf and the judge was really good cancelling the eviction within 8 minutes.

 

Asked why we were on our third eviction in five months Mr sara55 tells me he explained:

 

1. One client who we made 6k a year for the last 10 years had passed into administration.

2. One missed payment and Animal Friends, bless them, cancelled our pet insurance and we had to pay £1,500 in vet fees.

3. We had been chased in recent months by a nasty bailiff for council tax arrears of £1,000 and according to Mr sara55 this was the winner.

 

I have never come across Blemain winning a case at court, long may it continue.

Share this post


Link to post
Share on other sites

Well done Sara...delighted that you have resolved this..now try to have a good Christmas and put this behind you.

 

Great work Ellen ...again:-D

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

well done that man!!

 

now send the fleecers a nice xmas present...

 

a reclaim for all the arrears fees

penalty charges

and visit fees.

 

and anything else like any insurances they spoofed you into having?

 

dx


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

Share this post


Link to post
Share on other sites

The *sweet little girl representing Blemain/******s (sorry misspelled Wallers natural mistake), said they were putting together a true statement for me showing all the charges they love to hide.

 

We are ready to go for the jugular when we recover from seeing that because we think it will be close to 30k. Justify that, Blemain.

 

* That is not sarcasm, she was nice, reassuring Mr sara55 not to be taken back on how she acted in court. He reassured her that he knew she was only doing her job.

Share this post


Link to post
Share on other sites

That's great news - hope you can relax a bit and enjoy Christmas :)

 

Whatever the judge ordered you to pay each month, you must keep to it - if you are even a day late Blemain can go for eviction again.

  • Haha 1

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Share this post


Link to post
Share on other sites
The sweet little girl representing Blemain/******s (sorry misspelled Wallers natural mistake), said they were putting together a true statement for me showing all the charges they love to hide.

 

We are ready to go for the jugular when we recover from seeing that because we think it will be close to 30k. Justify that, Blemain.

 

 

have you ever sent blemmy an sar?

 

 

might be an idea

you know how clever they are at hiding things

but the SAR is usually a very big minefield of unknown info to hit them with.

 

 

dx


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

Share this post


Link to post
Share on other sites

Happy to post the statement when it arrives - somehow I think it may take some chasing.

 

Then let's analyse it and see what is fair and unfair.

Share this post


Link to post
Share on other sites
That's great news - hope you can relax a bit and enjoy Christmas :)

 

Whatever the judge ordered you to pay each month, you must keep to it - if you are even a day late Blemain can go for eviction again.

 

Yes, despite being really good, he did make it clear we were sitting in the last chance saloon. Mr sara55 did say he could make an immediate payment, but he felt this could be set off against arrears and Blemain would expect another payment on 19 Dec, so he suggested we make the payment on the due date.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...