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Blemain eviction order


davesel
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Hi,

Please bear with me as I am new to this.

 

Late last year I went to court making an application to suspend an eviction order and make monthly payments to Blemain of the monthly figure plus £80.

 

I kept up to date with the payments until July

albeit the last few months were made in several payments at a later date

but all were made within the time agreed with them or sooner.

I am self employed and money can be erratic.

 

The payment due on 21 July could not be paid

I agreed to try and pay in full by 1 August

however I could only pay them £100 and promised the balance on 18 August.

 

 

However, I missed that payment and by 21 August I was nearly two months in arrears of the court order.

 

 

Of course, throughout September I received letters threatening they may take action knowing full well they had applied for an eviction order on 29 August.

 

On 21 September I called them as another payment was due.

I told them I was making a payment of the monthly amount plus £200.

The eviction date is next Tuesday

 

 

I said I would be able to pay the same amount the following Friday and be finally up to date on the court arrears by 21 October.

 

 

I was told they would only stop the eviction if the court arrears were brought up to date

or if I completed an I and E form over the phone and made the payment I promised.

 

I made the payment immediately and called them a few days later to go through the I and E form.

 

 

I was also going to mention that I may be able to clear the court arrears

but before I could mention this I was immediately told I had been totally misinformed

and they would only stop the eviction if the full arrears were paid as this was the fourth eviction.

 

I managed to get a good client to bring an order forward

and am now in a position to pay the full court arrears of £1,100 tonight

and this would mean I have reduced the arrears by £800 since the hearing just under 11 months ago.

I also have nearly enough in reserve to pay the payment due in three and a half weeks.

 

I am going to the court tomorrow to apply for another hearing.

 

Is the judge likely to accept I am doing my best or let the eviction proceed?

 

Thanks,

 

Dave

Edited by davesel
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It's always good to show by way of an I & E that finances are what they are and you have done the best that you have been able to under the circumstances.

 

 

However a call on how the judge acts is a gamble and will depend if the judge has a sympathetic ear.

 

 

I'm sure if you can show you have made contact and paid to your best ability that you stand a chance.

 

Have you had details of the account in question,

if not send a Subject Access Request to see what can be challenged and claimed back as blemain are the worst culprits I've ever known of for ripping consumers off, you may be pleasantly surprised.

 

 

In the mean time search the forum and read up on other blemain cases.

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yes sar to them is a must

as you'll have monthly arrears fees I bet since your very first missed/short payment.

 

 

anf everything else too

like debt management fees

letters

phone

trace

 

 

and any additional insurances you were made to take out?

 

 

although this thread is a diff player

you'll see the how they fleece you blind

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?469807-Swift-after-repo-on-£30k-debt-of-which-£12k-is-charges-£2k-is-PPI!!&p=4951071#post4951071

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I will tackle penalty charges once this is sorted. First things first.

 

 

When I made the application last year I took the N245 to the court office and paid for it over the counter. Is it possible to make the application online. I need to do it today as the eviction is set for next Tuesday, so assume in person would be better. I would have made it ages ago but I was waiting for the transfer to make a payment to Blemain.

 

 

I will be making the payment to Blemain to bring the court payments up to date just before making application. Can I attach a bank statement as proof of payment in case it is not on Blenains system in time for the hearing?

Edited by davesel
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You should be dealing with penalty charges now as they could reduce the amount you owe and even stop the eviction. Especially if the majority of arrears are penalty charges. A judge won't question the lender until you call it into question with proof.

 

Blemain and other sub prime lenders know this very well which is why they charge penalty charges to the account, hoping you aren't wise enough to question it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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OK, Blemain now paid up to date in line with the November court order, i.e. monthly amount + £80. Leaving Blemain arrears of around 5k.

 

 

The soonest appointment I could get with the court office was 10.30am tomorrow to submit the N244 in triplicate which they believe will mean a Monday hearing.

 

 

At least that gives me time to reconcile the latest Blemain statement which I believe will bear no resemblance to the hidden balance, they dare not show, until you think you have repaid the loan.

 

 

I need to earn some money now and will come back with my findings this evening and will probably ask for some help in completing the N244.

 

 

Many thanks for your advice.

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Hi, if you look at the guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession there are examples of how to set out a statement to defend eviction (page 13 ) together with instructions for filling in the N244 and you can also download the budget sheet from the second post in that thread.

 

 

Remember to keep photocopies of the N244, statement and budget sheet before you hand it in to the court.

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.

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Does this appear ok?

 

Claim No: XXX

 

In the XXXX Court

 

Between

 

Blemain Finance (Claimant)

 

And

 

Mr Dave SE (Defendant)

 

STATEMENT

 

I am the defendant in this case and respectfully request the court to consider the following information when hearing the above case :

 

I fell behind with the monthly payments agreed by the Court in November 2015 as I am an self-employed and a large project was delayed and so was payment.

 

However, nearly all monies owing to me have been paid and I have made two payments of £780.29 and £1,180.29 in the last nine days bringing the monthly payments set by the court up to date, and the arrears reduced by £800 since the previous hearing.

 

My business is beginning to improve and I am set to start part two of a project on Monday and have spent a considerable amount today buying equipment for this. This does mean I am in a position to increase my monthly payments towards the arrears to (£not too much more) and I have enclosed a budget sheet – Appendix 1.

 

Therefore I respectfully ask the court to take into account the case of Cheltenham and

Gloucester v Norgan when considering our offer of payment and also s.36 of the

Administration of Justice Act 1970.

 

I work from home and losing my home would result in the immediate end of my business qnd all sources of income.

 

! assure the court that I am committed to clearing the arrears and respectfully ask

that eviction is suspended in order for me to provide a stable home for my wife and

also to avoid the expensive and unnecessary costs which would undoubtedly arise

following repossession in the current property climate.

 

I believe the above to be true and factual.

 

Signed.......................................................................................

 

Date........28th September 2016

Edited by davesel
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Hi, looks ok except you need to change the "We" and "our" to "I" and "my" in the paragraph re the Cheltenham & Gloucester case law

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Ell-en, do you think there is any weight in mentioning the excess fees added by Blemain in the letter as the guys mentioned above? The most recent figure prior to making the payments recently put the arrears at nearly 15 months behind and this is quite ridiculous - there must be additional charges. Should arrears ONLY comprise of the monthly charges?

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Insert another paragraph after the Norgan one as follows:

 

 

I also wish to bring to the court's attention that I am unable to reconcile the arrears figure the Claimant pleads as it appears to contain arrears fees and charges, therefore it is not a true reflection of the arrears status.

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

 

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I think I would also change the last paragraph, if you don't have children living in the property, the court won't be too concerned about a stable home for your wife (sad, but true), you might be better to say "in order to protect the equity in the property which would undoubtedly be lost if the Claimant were to take it to auction.

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.

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Thank you, I will redraft and post again.

 

 

Another sad, but true - I managed to reconcile the account and the arrears figure is monthly figures only. But no statement reflect how much I really owe!

 

 

On the plus side the figures in their own statement show up to the December charge but before I made the payment that month so I can prove I have reduced the arrears by nearly £1,400 I(nearly 20%) n 10 months. That has to be a positive, doesn't it?

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Is this ok?

 

Claim No: XXX

 

In the XXXX Court

 

Between

 

Blemain Finance (Claimant)

 

And

 

Mr Dave SE (Defendant)

 

STATEMENT

 

I am the defendant in this case and respectfully request the court to consider the following information when hearing the above case :

 

I fell behind with the monthly payments agreed by the Court on 6 December 2015 as I am an self-employed and a large project was delayed and so was payment.

 

However, nearly all monies owing to me have been paid and I have made two payments of £780.29 and £1,180.29 in the last nine days bringing the monthly payments set by the court up to date, and using the figures provided by Blemain the arrears reduced from £6,520 to £5,140 since the previous hearing, a reduction of more than 20% in ten months. Although I dispute Blemains figures, the arrears have been reduced by nearly £1,400 since 7 December. (Note to Ell-enn – payment date changed in 2016).

 

My business is beginning to improve and I am set to start a new project on Monday and have spent a considerable amount today buying equipment for this. This does mean I am in a position to increase my monthly payments towards the arrears to (£not too much more) and I have enclosed a budget sheet – Appendix 1.

 

Therefore I respectfully ask the court to take into account the case of Cheltenham and Gloucester v Norgan when considering my offer of payment and also s.36 of the

Administration of Justice Act 1970.

 

I also wish to bring to the court's attention that I am unable to reconcile the arrearsf igure the Claimant pleads as it appears to contain arrears fees and charges, therefore it is not a true reflection of the arrears status.

 

I work from home and losing my home would result in the immediate end of my business qnd all sources of income.

 

! assure the court that I am committed to clearing the arrears and respectfully ask that eviction is suspended in order to protect the equity in the property which would undoubtedly be lost if the Claimant were to take it to auction. and also to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate.

 

I believe the above to be true and factual.

 

 

 

Signed.......................................................................................

 

Date........28th September 2016.

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Yep, that looks fine.

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.

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Just a little last minute tinkering - is this a bit too much emphasising a point:

 

 

 

 

I am the defendant in this case and respectfully request the court to consider the following information when hearing the above case :

 

I fell behind with the monthly payments agreed by the Court on 6 December 2015 as I am an self-employed and a large project was delayed and so was payment.

 

However, nearly all monies owing to me have been paid and I have made two payments of £780.29 and £1,180.29 in the last nine days bringing the monthly payments set by the court up to date, and using the figures provided by Blemain the arrears reduced from £6,520 to £5,140 since the previous hearing, a reduction of more than 20% in ten months. Although I dispute Blemains figures, the arrears have been reduced by nearly £1,400 since 7 December. (Note to Ell-enn – payment date changed in 2016).

 

My business is beginning to improve and I am set to start a new project on Monday and have spent a considerable amount today buying equipment for this. This does mean I am in a position to increase my monthly payments towards the arrears to (£not too much more) and I have enclosed a budget sheet – Appendix 1.

 

Therefore I respectfully ask the court to take into account the case of Cheltenham and Gloucester v Norgan when considering my offer of payment and also s.36 of the

Administration of Justice Act 1970.

 

I also wish to bring to the court's attention that I am unable to reconcile the arrearsf igure the Claimant pleads as it appears to contain arrears fees and charges, therefore it is not a true reflection of the arrears status.

 

I work from home and losing my home would result in the immediate end of my business qnd all sources of income

 

 

! assure the court that I am committed to clearing the arrears as is reflected in the 20% reduction in the last 10 months and respectfully ask that eviction is suspended in order to protect the equity in the property which would undoubtedly be lost if the Claimant were to take it to auction. and also to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate.

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Hi, I was thinking of handing in the following to court on Monday, just in case their are no duty solicitors or I get tongue tied.

Bad idea>? Please advise.

 

I attached a Statement to my N244 application,

however, I feel there are a number of points I have omitted and would be grateful if the Court could take the following into account in case I am unable to express them very clearly in Court.

 

Prior to the last hearing, the date on which the monthly charges are applied were changed from the 7th of the month to the 21st, however, I see Blemain have continued to make the charge on the 7th.

 

That said, whenever, we have spoken to them, they have always said the due date was the 21st. I hope this is not something that benefits them more than me, as the date was changed to help me, but on their recommendation.

 

Since, the December hearing I have reduced arrears from £6,620 to £5,200 and all the payments in line with the Court order are now up to date.

 

Anytime I was unable to make the payment on the 21st, I agreed a date by which it would be paid and it was always paid within that timescale. This was always the case until August when a project I was working on was held up and I have only recently been paid for this.

 

I contacted Blemain to say I was making a payment for the monthly fee plus £200 on 21st September, and attempted to come to an agreement with them of clearing the Court arrears by 21st October, but was told they could only stop the eviction action if:

 

 

  1. I made the promised payment that day and completed an I and E form with them over the telephone and they would put this forward to a manager, or
  2. I cleared the Court arrears before the eviction date

The payment was made immediately and I completed an I and E form and called a few days later to give them the details over the telephone. I was also going to tell them that the Court arrears would probably be paid before the eviction date, but before I had the opportunity to discuss this I told point blank that they would only accept the full arrears or the eviction would go ahead.

 

It has been very easy to feel that Blemain do not so much wish to help their clients, but more to capitalise on their situations. I made the payment to clear the outstanding court arrears and using their own figures I see I have paid them more than £42,500 in seven and a half years, which is more than I borrowed, but through their systematic procedure of adding penalties far in excess of the work involved plus interest on top of these, they ensure their borrowers never get on top of their loans. Blemain are charging me a flat interest rate of 12.75%.

 

An Internet search using the phrase “Blemain Finance warning” brings forward more than 6,500 results many of which to directed to forums where Blemain receives much criticism of their practices.

 

I understand they have recently been fined by the FSA more than £1.5million because of their malpractices and they have changed their name to Together because of the negative connotations associated with names of the lending companies within their group.

 

I am making a Subject Access Request under section 7 of the Data Protection Act 1998 (DPA).to get full details on all charges made by Blemain from the start of the loan and intend to challenge any charges I feel are unfair.

 

I have to go the SAR route as a similar verbal request after the previous hearing simply resulted in a short note with a printout of the standard monthly fee less payments made.

 

I have read of many cases where borrowers believed they had repaid their loans only to be advised by Blemain of huge balances outstanding due to penalty charges and interest on the charges.

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Can I quote?

 

Cheshire Mortgage Corporation and their Chief executive moser Fined £1.225 million Which is part of the BLEMAIN Group reported today 10/12/2012

The FSA said about 2000 affected customers of CMC could now receive compensation

 

The regulator said that Cheshire Mortgage Corporation failed to treat some of its customers fairly when they fell into arrears, was unable to always show the mortgages it sold were affordable, and did not always communicate reguarly or fully with its customers

 

its investigation found that CMCL overcharged some customers in arrears and applied arrears charges inconsistently and unfairly

 

The FSA said they had charged customers £150 when they transferred arrears into its Recoveries company, dispite it being in-house

 

Tracy McDermott, director of enforcement and financial crime at the FSA said "CMCL@s lackluster approach to regulation combined with very poor practices in collecting arrears, meant that some customers already worried about being able to pay back their mortgages were put under undue pressure and sometimes ended up paying more than they should.

The failings of chief executive Moser ,and director Lawton and CMCL were serious and let down a vulnerable group of consumers"

Edited by davesel
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Is there any news on this ?

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.

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